FY21 Omnibus/Stimulus Bill

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xml
21 2020
DECEMBER ll,
RULES COMMITTEE PRINT 116–68

TEXT OF THE HOUSE AMENDMENT TO THE
SENATE AMENDMENT TO H.R. 133

[Showing the text of the Consolidated Appropriations Act,
2021]
In lieu of the matter proposed to be inserted by the

Senate, insert the following:
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Consolidated Appro-

3 priations Act, 2021’’.
4 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 APPROPRIA-
TIONS 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
December 21, 2020 (10:27 a.m.)

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2
Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,

2021
Title I—Military Personnel

Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
Title IX—Overseas Contingency Operations
DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED

AGENCIES APPROPRIATIONS ACT, 2021
Title I—Corps of Engineers—Civil

Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent Agencies
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
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
December 21, 2020 (10:27 a.m.)

3
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN

SERVICES, AND EDUCATION, AND RELATED AGENCIES APPRO-
PRIATIONS ACT, 2021
Title I—Department of Labor

Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
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 IV—Overseas Contingency Operations
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 DEVELOP-

MENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Transportation

Title II—Department of Housing and Urban Development
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
December 21, 2020 (10:27 a.m.)

4
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 Tech-
nical 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 Debar-
ment
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 MU-

SEUM 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
December 21, 2020 (10:27 a.m.)

5
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 Is-
land, New York
Title VI— Preventing Online Sales of E-Cigarettes to Children
Title VII—FAFSA Simplification
Title VIII—Access to Death Information Furnished to or Maintained by the So-
cial 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
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference

3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi-
5 sion.
6 SEC. 4. EXPLANATORY STATEMENT.
7 The explanatory statement regarding this Act, print-

8 ed in the House section of the Congressional Record on
9 or about December 21, 2020, and submitted by the Chair-
10 woman of the Committee on Appropriations of the House,
11 shall have the same effect with respect to the allocation
12 of funds and implementation of divisions A through L of
13 this Act as if it were a joint explanatory statement of a
14 committee of conference.
December 21, 2020 (10:27 a.m.)

6
1 SEC. 5. STATEMENT OF APPROPRIATIONS.
2 The following sums in this Act are appropriated, out

3 of any money in the Treasury not otherwise appropriated,
4 for the fiscal year ending September 30, 2021.
5 SEC. 6. AVAILABILITY OF FUNDS.
6 (a) Each amount designated in this Act by the Con-

7 gress as an emergency requirement pursuant to section
8 251(b)(2)(A)(i) of the Balanced Budget and Emergency
9 Deficit Control Act of 1985 shall be available (or re-
10 scinded, if applicable) only if the President subsequently
11 so designates all such amounts and transmits such des-
12 ignations to the Congress.
13 (b) Each amount designated in this Act by the Con-
14 gress for Overseas Contingency Operations/Global War on
15 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
16 anced Budget and Emergency Deficit Control Act of 1985
17 shall be available (or rescinded, if applicable) only if the
18 President subsequently so designates all such amounts
19 and transmits such designations to the Congress.
20 SEC. 7. ADJUSTMENTS TO COMPENSATION.
21 Notwithstanding any other provision of law, no ad-

22 justment shall be made under section 601(a) of the Legis-
23 lative Reorganization Act of 1946 (2 U.S.C. 4501) (relat-
24 ing to cost of living adjustments for Members of Congress)
25 during fiscal year 2021.
December 21, 2020 (10:27 a.m.)

7
1 SEC. 8. DEFINITION.
2 In divisions A through M of this Act, the term

3 ‘‘coronavirus’’ means SARS–CoV–2 or another
4 coronavirus with pandemic potential.
5 SEC. 9. OFFICE OF MANAGEMENT AND BUDGET REPORT-
6 ING REQUIREMENT.
7 Notwithstanding the ‘‘7 calendar days’’ requirement

8 in section 251(a)(7)(B) of the Balanced Budget and
9 Emergency Deficit Control Act of 1985 (2 U.S.C.
10 901(a)(7)(B)), for any appropriations Act for fiscal year
11 2021 enacted before January 1, 2021, the Office of Man-
12 agement and Budget shall transmit to the Congress its
13 report under that section estimating the discretionary
14 budgetary effects of such Acts not later than January 15,
15 2021.
December 21, 2020 (10:27 a.m.)

8
◊
December 21, 2020 (10:27 a.m.)

U:\2021OMNI\Final\DivA-M2.xml SEN. APPRO.
1 DIVISION A—AGRICULTURE, RURAL DE-

2 VELOPMENT, FOOD AND DRUG ADMIN-
3 ISTRATION, AND RELATED AGENCIES
4 APPROPRIATIONS ACT, 2021
5 TITLE I
6 AGRICULTURAL PROGRAMS
7 PROCESSING, RESEARCH, AND MARKETING
8 OFFICE OF THE SECRETARY
9 (INCLUDING TRANSFERS OF FUNDS)
10 For necessary expenses of the Office of the Secretary,

11 $46,998,000, of which not to exceed $5,101,000 shall be
12 available for the immediate Office of the Secretary; not
13 to exceed $1,324,000 shall be available for the Office of
14 Homeland Security; not to exceed $7,002,000 shall be
15 available for the Office of Partnerships and Public En-
16 gagement, of which $1,500,000 shall be for 7 U.S.C.
17 2279(c)(5); not to exceed $22,321,000 shall be available
18 for the Office of the Assistant Secretary for Administra-
19 tion, of which $21,440,000 shall be available for Depart-
20 mental Administration to provide for necessary expenses
21 for management support services to offices of the Depart-
22 ment and for general administration, security, repairs and
23 alterations, and other miscellaneous supplies and expenses
24 not otherwise provided for and necessary for the practical
December 21, 2020 (12:59 p.m.)

2
1 and efficient work of the Department: Provided, That
2 funds made available by this Act to an agency in the Ad-
3 ministration mission area for salaries and expenses are
4 available to fund up to one administrative support staff
5 for the Office; not to exceed $3,908,000 shall be available
6 for the Office of Assistant Secretary for Congressional Re-
7 lations and Intergovernmental Affairs to carry out the
8 programs funded by this Act, including programs involv-
9 ing intergovernmental affairs and liaison within the execu-
10 tive branch; and not to exceed $7,342,000 shall be avail-
11 able for the Office of Communications: Provided further,
12 That the Secretary of Agriculture is authorized to transfer
13 funds appropriated for any office of the Office of the Sec-
14 retary to any other office of the Office of the Secretary:
15 Provided further, That no appropriation for any office
16 shall be increased or decreased by more than 5 percent:
17 Provided further, That not to exceed $22,000 of the
18 amount made available under this paragraph for the im-
19 mediate Office of the Secretary shall be available for offi-
20 cial reception and representation expenses, not otherwise
21 provided for, as determined by the Secretary: Provided
22 further, That the amount made available under this head-
23 ing for Departmental Administration shall be reimbursed
24 from applicable appropriations in this Act for travel ex-
25 penses incident to the holding of hearings as required by
December 21, 2020 (12:59 p.m.)

3
1 5 U.S.C. 551–558: Provided further, That funds made
2 available under this heading for the Office of the Assistant
3 Secretary for Congressional Relations and Intergovern-
4 mental Affairs may be transferred to agencies of the De-
5 partment of Agriculture funded by this Act to maintain
6 personnel at the agency level: Provided further, That no
7 funds made available under this heading for the Office of
8 Assistant Secretary for Congressional Relations may be
9 obligated after 30 days from the date of enactment of this
10 Act, unless the Secretary has notified the Committees on
11 Appropriations of both Houses of Congress on the alloca-
12 tion of these funds by USDA agency: Provided further,
13 That during any 30 day notification period referenced in
14 section 716 of this Act, the Secretary of Agriculture shall
15 take no action to begin implementation of the action that
16 is subject to section 716 of this Act or make any public
17 announcement of such action in any form.
18 EXECUTIVE OPERATIONS
19 OFFICE OF THE CHIEF ECONOMIST
20 For necessary expenses of the Office of the Chief

21 Economist, $24,192,000, of which $8,000,000 shall be for
22 grants or cooperative agreements for policy research under
23 7 U.S.C. 3155.
December 21, 2020 (12:59 p.m.)

4
1 OFFICE OF HEARINGS AND APPEALS
2 For necessary expenses of the Office of Hearings and

3 Appeals, $15,394,000.
4 OFFICE OF BUDGET AND PROGRAM ANALYSIS
5 For necessary expenses of the Office of Budget and

6 Program Analysis, $9,629,000.
7 OFFICE OF THE CHIEF INFORMATION OFFICER
8 For necessary expenses of the Office of the Chief In-
9 formation Officer, $66,814,000, of which not less than
10 $56,000,000 is for cybersecurity requirements of the de-
11 partment.
12 OFFICE OF THE CHIEF FINANCIAL OFFICER
13 For necessary expenses of the Office of the Chief Fi-
14 nancial Officer, $6,109,000.
15 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
16 RIGHTS
17 For necessary expenses of the Office of the Assistant
18 Secretary for Civil Rights, $908,000: Provided, That
19 funds made available by this Act to an agency in the Civil
20 Rights mission area for salaries and expenses are available
21 to fund up to one administrative support staff for the Of-
22 fice.
23 OFFICE OF CIVIL RIGHTS
24 For necessary expenses of the Office of Civil Rights,
25 $22,789,000.
December 21, 2020 (12:59 p.m.)

5
1 AGRICULTURE BUILDINGS AND FACILITIES
3 For payment of space rental and related costs pursu-

4 ant to Public Law 92–313, including authorities pursuant
5 to the 1984 delegation of authority from the Adminis-
6 trator of General Services to the Department of Agri-
7 culture under 40 U.S.C. 121, for programs and activities
8 of the Department which are included in this Act, and for
9 alterations and other actions needed for the Department
10 and its agencies to consolidate unneeded space into con-
11 figurations suitable for release to the Administrator of
12 General Services, and for the operation, maintenance, im-
13 provement, and repair of Agriculture buildings and facili-
14 ties, and for related costs, $108,124,000, to remain avail-
15 able until expended.
16 HAZARDOUS MATERIALS MANAGEMENT
18 For necessary expenses of the Department of Agri-

19 culture, to comply with the Comprehensive Environmental
20 Response, Compensation, and Liability Act (42 U.S.C.
21 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C.
22 6901 et seq.), $6,514,000, to remain available until ex-
23 pended: Provided, That appropriations and funds available
24 herein to the Department for Hazardous Materials Man-
25 agement may be transferred to any agency of the Depart-
December 21, 2020 (12:59 p.m.)

6
1 ment for its use in meeting all requirements pursuant to
2 the above Acts on Federal and non-Federal lands.
3 OFFICE OF SAFETY, SECURITY, AND PROTECTION
4 For necessary expenses of the Office of Safety, Secu-
5 rity, and Protection, $23,218,000.
6 OFFICE OF INSPECTOR GENERAL
7 For necessary expenses of the Office of Inspector
8 General, including employment pursuant to the Inspector
9 General Act of 1978 (Public Law 95–452; 5 U.S.C. App.),
10 $99,912,000, including such sums as may be necessary for
11 contracting and other arrangements with public agencies
12 and private persons pursuant to section 6(a)(9) of the In-
13 spector General Act of 1978 (Public Law 95–452; 5
14 U.S.C. App.), and including not to exceed $125,000 for
15 certain confidential operational expenses, including the
16 payment of informants, to be expended under the direction
17 of the Inspector General pursuant to the Inspector Gen-
18 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.) and
19 section 1337 of the Agriculture and Food Act of 1981
20 (Public Law 97–98).
21 OFFICE OF THE GENERAL COUNSEL
22 For necessary expenses of the Office of the General
23 Counsel, $45,390,000.
December 21, 2020 (12:59 p.m.)

7
1 OFFICE OF ETHICS
2 For necessary expenses of the Office of Ethics,
3 $4,184,000.
4 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,
5 EDUCATION, AND ECONOMICS
6 For necessary expenses of the Office of the Under
7 Secretary for Research, Education, and Economics,
8 $809,000: Provided, That funds made available by this
9 Act to an agency in the Research, Education, and Eco-
10 nomics mission area for salaries and expenses are avail-
11 able to fund up to one administrative support staff for
12 the Office.
13 ECONOMIC RESEARCH SERVICE
14 For necessary expenses of the Economic Research
15 Service, $85,476,000.
16 NATIONAL AGRICULTURAL STATISTICS SERVICE
17 For necessary expenses of the National Agricultural
18 Statistics Service, $183,921,000, of which up to
19 $46,300,000 shall be available until expended for the Cen-
20 sus of Agriculture: Provided, That amounts made available
21 for the Census of Agriculture may be used to conduct Cur-
22 rent Industrial Report surveys subject to 7 U.S.C.
23 2204g(d) and (f).
December 21, 2020 (12:59 p.m.)

8
1 AGRICULTURAL RESEARCH SERVICE
2 SALARIES AND EXPENSES
3 For necessary expenses of the Agricultural Research

4 Service and for acquisition of lands by donation, exchange,
5 or purchase at a nominal cost not to exceed $100, and
6 for land exchanges where the lands exchanged shall be of
7 equal value or shall be equalized by a payment of money
8 to the grantor which shall not exceed 25 percent of the
9 total value of the land or interests transferred out of Fed-
10 eral ownership, $1,491,784,000: Provided, That appro-
11 priations hereunder shall be available for the operation
12 and maintenance of aircraft and the purchase of not to
13 exceed one for replacement only: Provided further, That
14 appropriations hereunder shall be available pursuant to 7
15 U.S.C. 2250 for the construction, alteration, and repair
16 of buildings and improvements, but unless otherwise pro-
17 vided, the cost of constructing any one building shall not
18 exceed $500,000, except for headhouses or greenhouses
19 which shall each be limited to $1,800,000, except for 10
20 buildings to be constructed or improved at a cost not to
21 exceed $1,100,000 each, and except for two buildings to
22 be constructed at a cost not to exceed $3,000,000 each,
23 and the cost of altering any one building during the fiscal
24 year shall not exceed 10 percent of the current replace-
25 ment value of the building or $500,000, whichever is
December 21, 2020 (12:59 p.m.)

9
1 greater: Provided further, That appropriations hereunder
2 shall be available for entering into lease agreements at any
3 Agricultural Research Service location for the construction
4 of a research facility by a non-Federal entity for use by
5 the Agricultural Research Service and a condition of the
6 lease shall be that any facility shall be owned, operated,
7 and maintained by the non-Federal entity and shall be re-
8 moved upon the expiration or termination of the lease
9 agreement: Provided further, That the limitations on alter-
10 ations contained in this Act shall not apply to moderniza-
11 tion or replacement of existing facilities at Beltsville,
12 Maryland: Provided further, That appropriations here-
13 under shall be available for granting easements at the
14 Beltsville Agricultural Research Center: Provided further,
15 That the foregoing limitations shall not apply to replace-
16 ment of buildings needed to carry out the Act of April
17 24, 1948 (21 U.S.C. 113a): Provided further, That appro-
18 priations hereunder shall be available for granting ease-
19 ments at any Agricultural Research Service location for
20 the construction of a research facility by a non-Federal
21 entity for use by, and acceptable to, the Agricultural Re-
22 search Service and a condition of the easements shall be
23 that upon completion the facility shall be accepted by the
24 Secretary, subject to the availability of funds herein, if the
25 Secretary finds that acceptance of the facility is in the
December 21, 2020 (12:59 p.m.)

10
1 interest of the United States: Provided further, That funds
2 may be received from any State, other political subdivi-
3 sion, organization, or individual for the purpose of estab-
4 lishing or operating any research facility or research
5 project of the Agricultural Research Service, as authorized
6 by law.
7 BUILDINGS AND FACILITIES
8 For the acquisition of land, construction, repair, im-

9 provement, extension, alteration, and purchase of fixed
10 equipment or facilities as necessary to carry out the agri-
11 cultural research programs of the Department of Agri-
12 culture, where not otherwise provided, $35,700,000 to re-
13 main available until expended, of which $11,200,000 shall
14 be allocated for ARS facilities co-located with university
15 partners.
16 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
17 RESEARCH AND EDUCATION ACTIVITIES
18 For payments to agricultural experiment stations, for

19 cooperative forestry and other research, for facilities, and
20 for other expenses, $992,642,000, which shall be for the
21 purposes, and in the amounts, specified in the table titled
22 ‘‘National Institute of Food and Agriculture, Research
23 and Education Activities’’ in the explanatory statement
24 described in section 4 (in the matter preceding division
25 A of this consolidated Act): Provided, That funds for re-
December 21, 2020 (12:59 p.m.)

11
1 search grants for 1994 institutions, education grants for
2 1890 institutions, Hispanic serving institutions education
3 grants, capacity building for non-land-grant colleges of ag-
4 riculture, the agriculture and food research initiative, vet-
5 erinary medicine loan repayment, multicultural scholars,
6 graduate fellowship and institution challenge grants, and
7 grants management systems shall remain available until
8 expended: Provided further, That each institution eligible
9 to receive funds under the Evans-Allen program receives
10 no less than $1,000,000: Provided further, That funds for
11 education grants for Alaska Native and Native Hawaiian-
12 serving institutions be made available to individual eligible
13 institutions or consortia of eligible institutions with funds
14 awarded equally to each of the States of Alaska and Ha-
15 waii: Provided further, That funds for education grants for
16 1890 institutions shall be made available to institutions
17 eligible to receive funds under 7 U.S.C. 3221 and 3222:
18 Provided further, That not more than 5 percent of the
19 amounts made available by this or any other Act to carry
20 out the Agriculture and Food Research Initiative under
21 7 U.S.C. 3157 may be retained by the Secretary of Agri-
22 culture to pay administrative costs incurred by the Sec-
23 retary in carrying out that authority.
December 21, 2020 (12:59 p.m.)

12
1 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
2 For the Native American Institutions Endowment

3 Fund authorized by Public Law 103–382 (7 U.S.C. 301
4 note), $11,880,000, to remain available until expended.
5 EXTENSION ACTIVITIES
6 For payments to States, the District of Columbia,

7 Puerto Rico, Guam, the Virgin Islands, Micronesia, the
8 Northern Marianas, and American Samoa, $538,447,000,
9 which shall be for the purposes, and in the amounts, speci-
10 fied in the table titled ‘‘National Institute of Food and
11 Agriculture, Extension Activities’’ in the explanatory
12 statement described in section 4 (in the matter preceding
13 division A of this consolidated Act): Provided, That funds
14 for facility improvements at 1890 institutions shall remain
15 available until expended: Provided further, That institu-
16 tions eligible to receive funds under 7 U.S.C. 3221 for co-
17 operative extension receive no less than $1,000,000: Pro-
18 vided further, That funds for cooperative extension under
19 sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C.
20 343(b) and (c)) and section 208(c) of Public Law 93–471
21 shall be available for retirement and employees’ compensa-
22 tion costs for extension agents.
23 INTEGRATED ACTIVITIES
24 For the integrated research, education, and extension

25 grants programs, including necessary administrative ex-
December 21, 2020 (12:59 p.m.)

13
1 penses, $39,000,000, which shall be for the purposes, and
2 in the amounts, specified in the table titled ‘‘National In-
3 stitute of Food and Agriculture, Integrated Activities’’ in
4 the explanatory statement described in section 4 (in the
5 matter preceding division A of this consolidated Act): Pro-
6 vided, That funds for the Food and Agriculture Defense
7 Initiative shall remain available until September 30, 2022:
8 Provided further, That notwithstanding any other provi-
9 sion of law, indirect costs shall not be charged against any
10 Extension Implementation Program Area grant awarded
11 under the Crop Protection/Pest Management Program (7
12 U.S.C. 7626).
13 OFFICE OF THE UNDER SECRETARY FOR MARKETING
14 AND REGULATORY PROGRAMS
16 Secretary for Marketing and Regulatory Programs,
18 Act to an agency in the Marketing and Regulatory Pro-
19 grams mission area for salaries and expenses are available
21 fice.
December 21, 2020 (12:59 p.m.)

14
1 ANIMAL AND PLANT HEALTH INSPECTION SERVICE
4 For necessary expenses of the Animal and Plant

5 Health Inspection Service, including up to $30,000 for
6 representation allowances and for expenses pursuant to
7 the Foreign Service Act of 1980 (22 U.S.C. 4085),
8 $1,064,179,000, of which $478,000, to remain available
9 until expended, shall be available for the control of out-
10 breaks of insects, plant diseases, animal diseases and for
11 control of pest animals and birds (‘‘contingency fund’’) to
12 the extent necessary to meet emergency conditions; of
13 which $13,597,000, to remain available until expended,
14 shall be used for the cotton pests program, including for
15 cost share purposes or for debt retirement for active eradi-
16 cation zones; of which $38,093,000, to remain available
17 until expended, shall be for Animal Health Technical Serv-
18 ices; of which $2,009,000 shall be for activities under the
19 authority of the Horse Protection Act of 1970, as amend-
20 ed (15 U.S.C. 1831); of which $63,213,000, to remain
21 available until expended, shall be used to support avian
22 health; of which $4,251,000, to remain available until ex-
23 pended, shall be for information technology infrastructure;
24 of which $196,553,000, to remain available until ex-
25 pended, shall be for specialty crop pests; of which,
December 21, 2020 (12:59 p.m.)

15
1 $10,942,000, to remain available until expended, shall be
2 for field crop and rangeland ecosystem pests; of which
4 for zoonotic disease management; of which $41,268,000,
5 to remain available until expended, shall be for emergency
6 preparedness and response; of which $60,456,000, to re-
7 main available until expended, shall be for tree and wood
8 pests; of which $5,736,000, to remain available until ex-
9 pended, shall be for the National Veterinary Stockpile; of
10 which up to $1,500,000, to remain available until ex-
11 pended, shall be for the scrapie program for indemnities;
12 of which $2,500,000, to remain available until expended,
13 shall be for the wildlife damage management program for
14 aviation safety: Provided, That of amounts available under
15 this heading for wildlife services methods development,
16 $1,000,000 shall remain available until expended: Pro-
17 vided further, That of amounts available under this head-
18 ing for the screwworm program, $4,990,000 shall remain
19 available until expended; of which $20,252,000, to remain
20 available until expended, shall be used to carry out the
21 science program and transition activities for the National
22 Bio and Agro-defense Facility located in Manhattan, Kan-
23 sas: Provided further, That no funds shall be used to for-
24 mulate or administer a brucellosis eradication program for
25 the current fiscal year that does not require minimum
December 21, 2020 (12:59 p.m.)

16
1 matching by the States of at least 40 percent: Provided
2 further, That this appropriation shall be available for the
3 purchase, replacement, operation, and maintenance of air-
4 craft: Provided further, That in addition, in emergencies
5 which threaten any segment of the agricultural production
6 industry of the United States, the Secretary may transfer
7 from other appropriations or funds available to the agen-
8 cies or corporations of the Department such sums as may
9 be deemed necessary, to be available only in such emer-
10 gencies for the arrest and eradication of contagious or in-
11 fectious disease or pests of animals, poultry, or plants, and
12 for expenses in accordance with sections 10411 and 10417
13 of the Animal Health Protection Act (7 U.S.C. 8310 and
14 8316) and sections 431 and 442 of the Plant Protection
15 Act (7 U.S.C. 7751 and 7772), and any unexpended bal-
16 ances of funds transferred for such emergency purposes
17 in the preceding fiscal year shall be merged with such
18 transferred amounts: Provided further, That appropria-
19 tions hereunder shall be available pursuant to law (7
20 U.S.C. 2250) for the repair and alteration of leased build-
21 ings and improvements, but unless otherwise provided the
22 cost of altering any one building during the fiscal year
23 shall not exceed 10 percent of the current replacement
24 value of the building.
December 21, 2020 (12:59 p.m.)

17
1 In fiscal year 2021, the agency is authorized to collect
2 fees to cover the total costs of providing technical assist-
3 ance, goods, or services requested by States, other political
4 subdivisions, domestic and international organizations,
5 foreign governments, or individuals, provided that such
6 fees are structured such that any entity’s liability for such
7 fees is reasonably based on the technical assistance, goods,
8 or services provided to the entity by the agency, and such
9 fees shall be reimbursed to this account, to remain avail-
10 able until expended, without further appropriation, for
11 providing such assistance, goods, or services.
13 For plans, construction, repair, preventive mainte-

14 nance, environmental support, improvement, extension, al-
15 teration, and purchase of fixed equipment or facilities, as
16 authorized by 7 U.S.C. 2250, and acquisition of land as
17 authorized by 7 U.S.C. 2268a, $3,175,000, to remain
18 available until expended.
19 AGRICULTURAL MARKETING SERVICE
20 MARKETING SERVICES
21 For necessary expenses of the Agricultural Marketing

22 Service, $188,358,000, of which $6,000,000 shall be avail-
23 able for the purposes of section 12306 of Public Law 113–
24 79: Provided, That this appropriation shall be available
25 pursuant to law (7 U.S.C. 2250) for the alteration and
December 21, 2020 (12:59 p.m.)

18
1 repair of buildings and improvements, but the cost of al-
2 tering any one building during the fiscal year shall not
3 exceed 10 percent of the current replacement value of the
4 building.
5 Fees may be collected for the cost of standardization
6 activities, as established by regulation pursuant to law (31
7 U.S.C. 9701), except for the cost of activities relating to
8 the development or maintenance of grain standards under
9 the United States Grain Standards Act, 7 U.S.C. 71 et
10 seq.
11 LIMITATION ON ADMINISTRATIVE EXPENSES
12 Not to exceed $61,227,000 (from fees collected) shall

13 be obligated during the current fiscal year for administra-
14 tive expenses: Provided, That if crop size is understated
15 and/or other uncontrollable events occur, the agency may
16 exceed this limitation by up to 10 percent with notification
17 to the Committees on Appropriations of both Houses of
18 Congress.
19 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
20 SUPPLY (SECTION 32)
22 Funds available under section 32 of the Act of Au-

23 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com-
24 modity program expenses as authorized therein, and other
25 related operating expenses, except for: (1) transfers to the
December 21, 2020 (12:59 p.m.)

19
1 Department of Commerce as authorized by the Fish and
2 Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) trans-
3 fers otherwise provided in this Act; and (3) not more than
4 $20,705,000 for formulation and administration of mar-
5 keting agreements and orders pursuant to the Agricultural
6 Marketing Agreement Act of 1937 and the Agricultural
7 Act of 1961 (Public Law 87–128).
8 PAYMENTS TO STATES AND POSSESSIONS
9 For payments to departments of agriculture, bureaus

10 and departments of markets, and similar agencies for
11 marketing activities under section 204(b) of the Agricul-
12 tural Marketing Act of 1946 (7 U.S.C. 1623(b)),
13 $1,235,000.
14 LIMITATION ON INSPECTION AND WEIGHING SERVICES
15 EXPENSES
16 Not to exceed $55,000,000 (from fees collected) shall

17 be obligated during the current fiscal year for inspection
18 and weighing services: Provided, That if grain export ac-
19 tivities require additional supervision and oversight, or
20 other uncontrollable factors occur, this limitation may be
21 exceeded by up to 10 percent with notification to the Com-
22 mittees on Appropriations of both Houses of Congress.
23 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
25 Secretary for Food Safety, $809,000: Provided, That
December 21, 2020 (12:59 p.m.)

20
1 funds made available by this Act to an agency in the Food
2 Safety mission area for salaries and expenses are available
4 fice.
5 FOOD SAFETY AND INSPECTION SERVICE
6 For necessary expenses to carry out services author-
7 ized by the Federal Meat Inspection Act, the Poultry
8 Products Inspection Act, and the Egg Products Inspection
9 Act, including not to exceed $10,000 for representation
10 allowances and for expenses pursuant to section 8 of the
11 Act approved August 3, 1956 (7 U.S.C. 1766),
12 $1,075,703,000; and in addition, $1,000,000 may be cred-
13 ited to this account from fees collected for the cost of lab-
14 oratory accreditation as authorized by section 1327 of the
15 Food, Agriculture, Conservation and Trade Act of 1990
16 (7 U.S.C. 138f): Provided, That funds provided for the
17 Public Health Data Communication Infrastructure system
18 shall remain available until expended: Provided further,
19 That no fewer than 148 full-time equivalent positions shall
20 be employed during fiscal year 2021 for purposes dedi-
21 cated solely to inspections and enforcement related to the
22 Humane Methods of Slaughter Act (7 U.S.C. 1901 et
23 seq.): Provided further, That the Food Safety and Inspec-
24 tion Service shall continue implementation of section
25 11016 of Public Law 110–246 as further clarified by the
December 21, 2020 (12:59 p.m.)

21
1 amendments made in section 12106 of Public Law 113–
2 79: Provided further, That this appropriation shall be
3 available pursuant to law (7 U.S.C. 2250) for the alter-
4 ation and repair of buildings and improvements, but the
5 cost of altering any one building during the fiscal year
6 shall not exceed 10 percent of the current replacement
7 value of the building.
December 21, 2020 (12:59 p.m.)

22
1 TITLE II
2 FARM PRODUCTION AND CONSERVATION
3 PROGRAMS
4 OFFICE OF THE UNDER SECRETARY FOR FARM
5 PRODUCTION AND CONSERVATION
7 Secretary for Farm Production and Conservation,
9 Act to an agency in the Farm Production and Conserva-
10 tion mission area for salaries and expenses are available
12 fice.
13 FARM PRODUCTION AND CONSERVATION BUSINESS
14 CENTER
17 For necessary expenses of the Farm Production and

18 Conservation Business Center, $231,302,000: Provided,
19 That $60,228,000 of amounts appropriated for the cur-
20 rent fiscal year pursuant to section 1241(a) of the Farm
21 Security and Rural Investment Act of 1985 (16 U.S.C.
22 3841(a)) shall be transferred to and merged with this ac-
23 count.
December 21, 2020 (12:59 p.m.)

23
1 FARM SERVICE AGENCY
4 For necessary expenses of the Farm Service Agency,

5 $1,142,924,000, of which not less than $15,000,000 shall
6 be for the hiring of new employees to fill vacancies and
7 anticipated vacancies at Farm Service Agency county of-
8 fices and farm loan officers and shall be available until
9 September 30, 2022: Provided, That not more than 50
10 percent of the funding made available under this heading
11 for information technology related to farm program deliv-
12 ery may be obligated until the Secretary submits to the
13 Committees on Appropriations of both Houses of Con-
14 gress, and receives written or electronic notification of re-
15 ceipt from such Committees of, a plan for expenditure that
16 (1) identifies for each project/investment over $25,000 (a)
17 the functional and performance capabilities to be delivered
18 and the mission benefits to be realized, (b) the estimated
19 lifecycle cost for the entirety of the project/investment, in-
20 cluding estimates for development as well as maintenance
21 and operations, and (c) key milestones to be met; (2) dem-
22 onstrates that each project/investment is, (a) consistent
23 with the Farm Service Agency Information Technology
24 Roadmap, (b) being managed in accordance with applica-
25 ble lifecycle management policies and guidance, and (c)
December 21, 2020 (12:59 p.m.)

24
1 subject to the applicable Department’s capital planning
2 and investment control requirements; and (3) has been re-
3 viewed by the Government Accountability Office and ap-
4 proved by the Committees on Appropriations of both
5 Houses of Congress: Provided further, That the agency
6 shall submit a report by the end of the fourth quarter of
7 fiscal year 2021 to the Committees on Appropriations and
8 the Government Accountability Office, that identifies for
9 each project/investment that is operational (a) current
10 performance against key indicators of customer satisfac-
11 tion, (b) current performance of service level agreements
12 or other technical metrics, (c) current performance against
13 a pre-established cost baseline, (d) a detailed breakdown
14 of current and planned spending on operational enhance-
15 ments or upgrades, and (e) an assessment of whether the
16 investment continues to meet business needs as intended
17 as well as alternatives to the investment: Provided further,
18 That the Secretary is authorized to use the services, facili-
19 ties, and authorities (but not the funds) of the Commodity
20 Credit Corporation to make program payments for all pro-
21 grams administered by the Agency: Provided further, That
22 other funds made available to the Agency for authorized
23 activities may be advanced to and merged with this ac-
24 count: Provided further, That funds made available to
25 county committees shall remain available until expended:
December 21, 2020 (12:59 p.m.)

25
1 Provided further, That none of the funds available to the
2 Farm Service Agency shall be used to close Farm Service
3 Agency county offices: Provided further, That none of the
4 funds available to the Farm Service Agency shall be used
5 to permanently relocate county based employees that
6 would result in an office with two or fewer employees with-
7 out prior notification and approval of the Committees on
8 Appropriations of both Houses of Congress.
9 STATE MEDIATION GRANTS
10 For grants pursuant to section 502(b) of the Agricul-

11 tural Credit Act of 1987, as amended (7 U.S.C. 5101–
12 5106), $6,914,000.
13 GRASSROOTS SOURCE WATER PROTECTION PROGRAM
14 For necessary expenses to carry out wellhead or

15 groundwater protection activities under section 1240O of
16 the Food Security Act of 1985 (16 U.S.C. 3839bb–2),
17 $6,500,000, to remain available until expended.
18 DAIRY INDEMNITY PROGRAM
19 (INCLUDING TRANSFER OF FUNDS)
20 For necessary expenses involved in making indemnity

21 payments to dairy farmers and manufacturers of dairy
22 products under a dairy indemnity program, such sums as
23 may be necessary, to remain available until expended: Pro-
24 vided, That such program is carried out by the Secretary
25 in the same manner as the dairy indemnity program de-
December 21, 2020 (12:59 p.m.)

26
1 scribed in the Agriculture, Rural Development, Food and
2 Drug Administration, and Related Agencies Appropria-
3 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A–
4 12).
5 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
6 ACCOUNT
8 For gross obligations for the principal amount of di-

9 rect and guaranteed farm ownership (7 U.S.C. 1922 et
10 seq.) and operating (7 U.S.C. 1941 et seq.) loans, emer-
11 gency loans (7 U.S.C. 1961 et seq.), Indian tribe land ac-
12 quisition loans (25 U.S.C. 5136), boll weevil loans (7
13 U.S.C. 1989), guaranteed conservation loans (7 U.S.C.
14 1924 et seq.), relending program (7 U.S.C. 1936c), and
15 Indian highly fractionated land loans (25 U.S.C. 5136)
16 to be available from funds in the Agricultural Credit In-
17 surance Fund, as follows: $3,300,000,000 for guaranteed
18 farm ownership loans and $2,500,000,000 for farm owner-
19 ship direct loans; $2,118,482,000 for unsubsidized guar-
20 anteed operating loans and $1,633,333,000 for direct op-
21 erating loans; emergency loans, $37,668,000; Indian tribe
22 land acquisition loans, $20,000,000; guaranteed conserva-
23 tion loans, $150,000,000; relending program,
24 $33,693,000; Indian highly fractionated land loans,
25 $5,000,000; and for boll weevil eradication program loans,
December 21, 2020 (12:59 p.m.)

27
1 $60,000,000: Provided, That the Secretary shall deem the
2 pink bollworm to be a boll weevil for the purpose of boll
3 weevil eradication program loans.
4 For the cost of direct and guaranteed loans and
5 grants, including the cost of modifying loans as defined
6 in section 502 of the Congressional Budget Act of 1974,
7 as follows: $38,710,000 for direct farm operating loans,
8 $23,727,000 for unsubsidized guaranteed farm operating
9 loans, $207,000 for emergency loans, $5,000,000 for the
10 relending program, and $742,000 for Indian highly
11 fractionated land loans, to remain available until ex-
12 pended.
13 In addition, for administrative expenses necessary to
14 carry out the direct and guaranteed loan programs,
15 $307,344,000: Provided, That of this amount,
16 $294,114,000 shall be transferred to and merged with the
17 appropriation for ‘‘Farm Service Agency, Salaries and Ex-
18 penses’’.
19 Funds appropriated by this Act to the Agricultural
20 Credit Insurance Program Account for farm ownership,
21 operating and conservation direct loans and guaranteed
22 loans may be transferred among these programs: Pro-
23 vided, That the Committees on Appropriations of both
24 Houses of Congress are notified at least 15 days in ad-
25 vance of any transfer.
December 21, 2020 (12:59 p.m.)

28
1 RISK MANAGEMENT AGENCY
3 For necessary expenses of the Risk Management

4 Agency, $60,131,000: Provided, That $1,000,000 of the
5 amount appropriated under this heading in this Act shall
6 be available for compliance and integrity activities re-
7 quired under section 516(b)(2)(C) of the Federal Crop In-
8 surance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall
9 be in addition to amounts otherwise provided for such pur-
10 pose: Provided further, That not to exceed $1,000 shall
11 be available for official reception and representation ex-
12 penses, as authorized by 7 U.S.C. 1506(i).
13 NATURAL RESOURCES CONSERVATION SERVICE
14 CONSERVATION OPERATIONS
15 For necessary expenses for carrying out the provi-

16 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f),
17 including preparation of conservation plans and establish-
18 ment of measures to conserve soil and water (including
19 farm irrigation and land drainage and such special meas-
20 ures for soil and water management as may be necessary
21 to prevent floods and the siltation of reservoirs and to con-
22 trol agricultural related pollutants); operation of conserva-
23 tion plant materials centers; classification and mapping of
24 soil; dissemination of information; acquisition of lands,
25 water, and interests therein for use in the plant materials
December 21, 2020 (12:59 p.m.)

29
1 program by donation, exchange, or purchase at a nominal
2 cost not to exceed $100 pursuant to the Act of August
3 3, 1956 (7 U.S.C. 2268a); purchase and erection or alter-
4 ation or improvement of permanent and temporary build-
5 ings; and operation and maintenance of aircraft,
6 $832,727,000, to remain available until September 30,
7 2022: Provided, That appropriations hereunder shall be
8 available pursuant to 7 U.S.C. 2250 for construction and
9 improvement of buildings and public improvements at
10 plant materials centers, except that the cost of alterations
11 and improvements to other buildings and other public im-
12 provements shall not exceed $250,000: Provided further,
13 That when buildings or other structures are erected on
14 non-Federal land, that the right to use such land is ob-
15 tained as provided in 7 U.S.C. 2250a: Provided further,
16 That of the amounts made available under this heading,
17 $3,000,000 shall remain available until expended for plan-
18 ning and implementation assistance associated with land
19 treatment measures that address flood damage reduction,
20 bank stabilization and erosion control in the watersheds
21 identified under section 13 of the Flood Control Act of
22 December 22, 1944 (Public Law 78–534).
23 WATERSHED AND FLOOD PREVENTION OPERATIONS
24 For necessary expenses to carry out preventive meas-

25 ures, including but not limited to surveys and investiga-
December 21, 2020 (12:59 p.m.)

30
1 tions, engineering operations, works of improvement, and
2 changes in use of land, in accordance with the Watershed
3 Protection and Flood Prevention Act (16 U.S.C. 1001–
4 1005 and 1007–1009) and in accordance with the provi-
5 sions of laws relating to the activities of the Department,
6 $175,000,000, to remain available until expended: Pro-
7 vided, That for funds provided by this Act or any other
8 prior Act, the limitation regarding the size of the water-
9 shed or subwatershed exceeding two hundred and fifty
10 thousand acres in which such activities can be undertaken
11 shall only apply for activities undertaken for the primary
12 purpose of flood prevention (including structural and land
13 treatment measures): Provided further, That of the
14 amounts made available under this heading, $65,000,000
15 shall be allocated to projects and activities that can com-
16 mence promptly following enactment; that address re-
17 gional priorities for flood prevention, agricultural water
18 management, inefficient irrigation systems, fish and wild-
19 life habitat, or watershed protection; or that address au-
20 thorized ongoing projects under the authorities of section
21 13 of the Flood Control Act of December 22, 1944 (Public
22 Law 78–534) with a primary purpose of watershed protec-
23 tion by preventing floodwater damage and stabilizing
24 stream channels, tributaries, and banks to reduce erosion
25 and sediment transport: Provided further, That of the
December 21, 2020 (12:59 p.m.)

31
1 amounts made available under this heading, $10,000,000
2 shall remain available until expended for the authorities
3 under 16 U.S.C. 1001–1005 and 1007–1009 for author-
4 ized ongoing watershed projects with a primary purpose
5 of providing water to rural communities.
6 WATERSHED REHABILITATION PROGRAM
7 Under the authorities of section 14 of the Watershed

8 Protection and Flood Prevention Act, $10,000,000 is pro-
9 vided.
10 CORPORATIONS
11 The following corporations and agencies are hereby
12 authorized to make expenditures, within the limits of
13 funds and borrowing authority available to each such cor-
14 poration or agency and in accord with law, and to make
15 contracts and commitments without regard to fiscal year
16 limitations as provided by section 104 of the Government
17 Corporation Control Act as may be necessary in carrying
18 out the programs set forth in the budget for the current
19 fiscal year for such corporation or agency, except as here-
20 inafter provided.
21 FEDERAL CROP INSURANCE CORPORATION FUND
22 For payments as authorized by section 516 of the
23 Federal Crop Insurance Act (7 U.S.C. 1516), such sums
24 as may be necessary, to remain available until expended.
December 21, 2020 (12:59 p.m.)

32
1 COMMODITY CREDIT CORPORATION FUND
2 REIMBURSEMENT FOR NET REALIZED LOSSES
4 For the current fiscal year, such sums as may be nec-

5 essary to reimburse the Commodity Credit Corporation for
6 net realized losses sustained, but not previously reim-
7 bursed, pursuant to section 2 of the Act of August 17,
8 1961 (15 U.S.C. 713a–11): Provided, That of the funds
9 available to the Commodity Credit Corporation under sec-
10 tion 11 of the Commodity Credit Corporation Charter Act
11 (15 U.S.C. 714i) for the conduct of its business with the
12 Foreign Agricultural Service, up to $5,000,000 may be
13 transferred to and used by the Foreign Agricultural Serv-
14 ice for information resource management activities of the
15 Foreign Agricultural Service that are not related to Com-
16 modity Credit Corporation business.
17 HAZARDOUS WASTE MANAGEMENT
18 (LIMITATION ON EXPENSES)
19 For the current fiscal year, the Commodity Credit

20 Corporation shall not expend more than $15,000,000 for
21 site investigation and cleanup expenses, and operations
22 and maintenance expenses to comply with the requirement
23 of section 107(g) of the Comprehensive Environmental
24 Response, Compensation, and Liability Act (42 U.S.C.
December 21, 2020 (12:59 p.m.)

33
1 9607(g)), and section 6001 of the Solid Waste Disposal
2 Act (42 U.S.C. 6961).
December 21, 2020 (12:59 p.m.)

34
1 TITLE III
2 RURAL DEVELOPMENT PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR RURAL
4 DEVELOPMENT
6 Secretary for Rural Development, $812,000: Provided,
7 That funds made available by this Act to an agency in
8 the Rural Development mission area for salaries and ex-
9 penses are available to fund up to one administrative sup-
10 port staff for the Office.
11 RURAL DEVELOPMENT
14 For necessary expenses for carrying out the adminis-

15 tration and implementation of Rural Development pro-
16 grams, including activities with institutions concerning the
17 development and operation of agricultural cooperatives;
18 and for cooperative agreements; $264,024,000: Provided,
19 That notwithstanding any other provision of law, funds
20 appropriated under this heading may be used for adver-
21 tising and promotional activities that support Rural Devel-
22 opment programs: Provided further, That in addition to
23 any other funds appropriated for purposes authorized by
24 section 502(i) of the Housing Act of 1949 (42 U.S.C.
25 1472(i)), any amounts collected under such section, as
December 21, 2020 (12:59 p.m.)

35
1 amended by this Act, will immediately be credited to this
2 account and will remain available until expended for such
3 purposes.
4 RURAL HOUSING SERVICE
5 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

8 rect and guaranteed loans as authorized by title V of the
9 Housing Act of 1949, to be available from funds in the
10 rural housing insurance fund, as follows: $1,000,000,000
11 shall be for direct loans and $24,000,000,000 shall be for
12 unsubsidized guaranteed loans; $28,000,000 for section
13 504 housing repair loans; $40,000,000 for section 515
14 rental housing; $230,000,000 for section 538 guaranteed
15 multi-family housing loans; $10,000,000 for credit sales
16 of single family housing acquired property; $5,000,000 for
17 section 523 self-help housing land development loans; and
18 $5,000,000 for section 524 site development loans.
19 For the cost of direct and guaranteed loans, including
20 the cost of modifying loans, as defined in section 502 of
21 the Congressional Budget Act of 1974, as follows: section
22 502 loans, $55,400,000 shall be for direct loans; section
23 504 housing repair loans, $2,215,000; section 523 self-
24 help housing land development loans, $269,000; section
25 524 site development loans, $355,000; and repair, reha-
December 21, 2020 (12:59 p.m.)

36
1 bilitation, and new construction of section 515 rental
2 housing, $6,688,000: Provided, That to support the loan
3 program level for section 538 guaranteed loans made
4 available under this heading the Secretary may charge or
5 adjust any fees to cover the projected cost of such loan
6 guarantees pursuant to the provisions of the Credit Re-
7 form Act of 1990 (2 U.S.C. 661 et seq.), and the interest
8 on such loans may not be subsidized: Provided further,
9 That applicants in communities that have a current rural
10 area waiver under section 541 of the Housing Act of 1949
11 (42 U.S.C. 1490q) shall be treated as living in a rural
12 area for purposes of section 502 guaranteed loans pro-
13 vided under this heading: Provided further, That of the
14 amounts available under this paragraph for section 502
15 direct loans, no less than $5,000,000 shall be available for
16 direct loans for individuals whose homes will be built pur-
17 suant to a program funded with a mutual and self-help
18 housing grant authorized by section 523 of the Housing
19 Act of 1949 until June 1, 2021: Provided further, That
20 the Secretary shall implement provisions to provide incen-
21 tives to nonprofit organizations and public housing au-
22 thorities to facilitate the acquisition of Rural Housing
23 Service (RHS) multifamily housing properties by such
24 nonprofit organizations and public housing authorities
25 that commit to keep such properties in the RHS multi-
December 21, 2020 (12:59 p.m.)

37
1 family housing program for a period of time as determined
2 by the Secretary, with such incentives to include, but not
3 be limited to, the following: allow such nonprofit entities
4 and public housing authorities to earn a Return on Invest-
5 ment on their own resources to include proceeds from low
6 income housing tax credit syndication, own contributions,
7 grants, and developer loans at favorable rates and terms,
8 invested in a deal; and allow reimbursement of organiza-
9 tional costs associated with owner’s oversight of asset re-
10 ferred to as ‘‘Asset Management Fee’’ of up to $7,500
11 per property.
12 In addition, for the cost of direct loans, grants, and
13 contracts, as authorized by sections 514 and 516 of the
14 Housing Act of 1949 (42 U.S.C. 1484, 1486),
15 $15,093,000, to remain available until expended, for direct
16 farm labor housing loans and domestic farm labor housing
17 grants and contracts: Provided, That any balances avail-
18 able for the Farm Labor Program Account shall be trans-
19 ferred to and merged with this account.
23 appropriation for ‘‘Rural Development, Salaries and Ex-
24 penses’’.
December 21, 2020 (12:59 p.m.)

38
1 RENTAL ASSISTANCE PROGRAM
2 For rental assistance agreements entered into or re-

3 newed pursuant to the authority under section 521(a)(2)
4 of the Housing Act of 1949 or agreements entered into
5 in lieu of debt forgiveness or payments for eligible house-
6 holds as authorized by section 502(c)(5)(D) of the Hous-
7 ing Act of 1949, $1,410,000,000, of which $40,000,000
8 shall be available until September 30, 2022; and in addi-
9 tion such sums as may be necessary, as authorized by sec-
10 tion 521(c) of the Act, to liquidate debt incurred prior to
11 fiscal year 1992 to carry out the rental assistance program
12 under section 521(a)(2) of the Act: Provided, That rental
13 assistance agreements entered into or renewed during the
14 current fiscal year shall be funded for a one-year period:
15 Provided further, That upon request by an owner of a
16 project financed by an existing loan under section 514 or
17 515 of the Act, the Secretary may renew the rental assist-
18 ance agreement for a period of 20 years or until the term
19 of such loan has expired, subject to annual appropriations:
20 Provided further, That any unexpended balances remain-
21 ing at the end of such one-year agreements may be trans-
22 ferred and used for purposes of any debt reduction, main-
23 tenance, repair, or rehabilitation of any existing projects;
24 preservation; and rental assistance activities authorized
25 under title V of the Act: Provided further, That rental as-
December 21, 2020 (12:59 p.m.)

39
1 sistance provided under agreements entered into prior to
2 fiscal year 2021 for a farm labor multi-family housing
3 project financed under section 514 or 516 of the Act may
4 not be recaptured for use in another project until such
5 assistance has remained unused for a period of 12 con-
6 secutive months, if such project has a waiting list of ten-
7 ants seeking such assistance or the project has rental as-
8 sistance eligible tenants who are not receiving such assist-
9 ance: Provided further, That such recaptured rental assist-
10 ance shall, to the extent practicable, be applied to another
11 farm labor multi-family housing project financed under
12 section 514 or 516 of the Act: Provided further, That ex-
13 cept as provided in the fourth proviso under this heading
14 and notwithstanding any other provision of the Act, the
15 Secretary may recapture rental assistance provided under
16 agreements entered into prior to fiscal year 2021 for a
17 project that the Secretary determines no longer needs
18 rental assistance and use such recaptured funds for cur-
19 rent needs.
20 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM
21 ACCOUNT
22 For the rural housing voucher program as authorized

23 under section 542 of the Housing Act of 1949, but not-
24 withstanding subsection (b) of such section, and for addi-
25 tional costs to conduct a demonstration program for the
December 21, 2020 (12:59 p.m.)

40
1 preservation and revitalization of multi-family rental hous-
2 ing properties described in this paragraph, $68,000,000,
3 to remain available until expended: Provided, That of the
4 funds made available under this heading, $40,000,000,
5 shall be available for rural housing vouchers to any low-
6 income household (including those not receiving rental as-
7 sistance) residing in a property financed with a section
8 515 loan which has been prepaid after September 30,
9 2005: Provided further, That the amount of such voucher
10 shall be the difference between comparable market rent
11 for the section 515 unit and the tenant paid rent for such
12 unit: Provided further, That funds made available for such
13 vouchers shall be subject to the availability of annual ap-
14 propriations: Provided further, That the Secretary shall,
15 to the maximum extent practicable, administer such
16 vouchers with current regulations and administrative guid-
17 ance applicable to section 8 housing vouchers administered
18 by the Secretary of the Department of Housing and Urban
19 Development: Provided further, That if the Secretary de-
20 termines that the amount made available for vouchers in
21 this or any other Act is not needed for vouchers, the Sec-
22 retary may use such funds for the demonstration program
23 for the preservation and revitalization of multi-family
24 rental housing properties described in this paragraph: Pro-
25 vided further, That of the funds made available under this
December 21, 2020 (12:59 p.m.)

41
1 heading, $28,000,000 shall be available for a demonstra-
2 tion program for the preservation and revitalization of the
3 sections 514, 515, and 516 multi-family rental housing
4 properties to restructure existing USDA multi-family
5 housing loans, as the Secretary deems appropriate, ex-
6 pressly for the purposes of ensuring the project has suffi-
7 cient resources to preserve the project for the purpose of
8 providing safe and affordable housing for low-income resi-
9 dents and farm laborers including reducing or eliminating
10 interest; deferring loan payments, subordinating, reducing
11 or reamortizing loan debt; and other financial assistance
12 including advances, payments and incentives (including
13 the ability of owners to obtain reasonable returns on in-
14 vestment) required by the Secretary: Provided further,
15 That the Secretary shall as part of the preservation and
16 revitalization agreement obtain a restrictive use agreement
17 consistent with the terms of the restructuring: Provided
18 further, That if the Secretary determines that additional
19 funds for vouchers described in this paragraph are needed,
20 funds for the preservation and revitalization demonstra-
21 tion program may be used for such vouchers: Provided fur-
22 ther, That if Congress enacts legislation to permanently
23 authorize a multi-family rental housing loan restructuring
24 program similar to the demonstration program described
25 herein, the Secretary may use funds made available for
December 21, 2020 (12:59 p.m.)

42
1 the demonstration program under this heading to carry
2 out such legislation with the prior approval of the Commit-
3 tees on Appropriations of both Houses of Congress: Pro-
4 vided further, That in addition to any other available
5 funds, the Secretary may expend not more than
6 $1,000,000 total, from the program funds made available
7 under this heading, for administrative expenses for activi-
8 ties funded under this heading.
9 MUTUAL AND SELF-HELP HOUSING GRANTS
10 For grants and contracts pursuant to section

11 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C.
12 1490c), $31,000,000, to remain available until expended.
13 RURAL HOUSING ASSISTANCE GRANTS
14 For grants for very low-income housing repair and

15 rural housing preservation made by the Rural Housing
16 Service, as authorized by 42 U.S.C. 1474, and 1490m,
18 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

21 rect and guaranteed loans as authorized by section 306
22 and described in section 381E(d)(1) of the Consolidated
23 Farm and Rural Development Act, $2,800,000,000 for di-
24 rect loans and $500,000,000 for guaranteed loans.
December 21, 2020 (12:59 p.m.)

43
1 For the cost of direct loans, loan guarantees and
2 grants, including the cost of modifying loans, as defined
3 in section 502 of the Congressional Budget Act of 1974,
4 for rural community facilities programs as authorized by
5 section 306 and described in section 381E(d)(1) of the
6 Consolidated Farm and Rural Development Act,
8 vided, That $6,000,000 of the amount appropriated under
9 this heading shall be available for a Rural Community De-
10 velopment Initiative: Provided further, That such funds
11 shall be used solely to develop the capacity and ability of
12 private, nonprofit community-based housing and commu-
13 nity development organizations, low-income rural commu-
14 nities, and Federally Recognized Native American Tribes
15 to undertake projects to improve housing, community fa-
16 cilities, community and economic development projects in
17 rural areas: Provided further, That such funds shall be
18 made available to qualified private, nonprofit and public
19 intermediary organizations proposing to carry out a pro-
20 gram of financial and technical assistance: Provided fur-
21 ther, That such intermediary organizations shall provide
22 matching funds from other sources, including Federal
23 funds for related activities, in an amount not less than
24 funds provided: Provided further, That $6,000,000 of the
25 amount appropriated under this heading shall be to pro-
December 21, 2020 (12:59 p.m.)

44
1 vide grants for facilities in rural communities with extreme
2 unemployment and severe economic depression (Public
3 Law 106–387), with up to 5 percent for administration
4 and capacity building in the State rural development of-
5 fices: Provided further, That of the amount appropriated
6 under this heading, $25,000,000 shall be available to cover
7 the subsidy costs for loans or loan guarantees under this
8 heading: Provided further, That if any such funds remain
9 unobligated for the subsidy costs after June 30, 2021, the
10 unobligated balance may be transferred to the grant pro-
11 grams funded under this heading: Provided further, That
12 any unobligated balances from prior year appropriations
13 under this heading for the cost of direct loans, loan guar-
14 antees and grants, including amounts deobligated or can-
15 celled, may be made available to cover the subsidy costs
16 for direct loans and or loan guarantees under this heading
17 in this fiscal year: Provided further, That no amounts may
18 be made available pursuant to the preceding proviso from
19 amounts that were designated by the Congress as an
20 emergency requirement pursuant to a Concurrent Resolu-
21 tion on the Budget or the Balanced Budget and Emer-
22 gency Deficit Control Act of 1985: Provided further, That
23 $5,000,000 of the amount appropriated under this head-
24 ing shall be available for community facilities grants to
25 tribal colleges, as authorized by section 306(a)(19) of such
December 21, 2020 (12:59 p.m.)

45
1 Act: Provided further, That sections 381E–H and 381N
2 of the Consolidated Farm and Rural Development Act are
3 not applicable to the funds made available under this
4 heading.
5 RURAL BUSINESS—COOPERATIVE SERVICE
6 RURAL BUSINESS PROGRAM ACCOUNT
8 For the cost of loan guarantees and grants, for the

9 rural business development programs authorized by sec-
10 tion 310B and described in subsections (a), (c), (f) and
11 (g) of section 310B of the Consolidated Farm and Rural
12 Development Act, $56,400,000, to remain available until
13 expended: Provided, That of the amount appropriated
14 under this heading, not to exceed $500,000 shall be made
15 available for one grant to a qualified national organization
16 to provide technical assistance for rural transportation in
17 order to promote economic development and $9,000,000
18 shall be for grants to the Delta Regional Authority (7
19 U.S.C. 2009aa et seq.), the Northern Border Regional
20 Commission (40 U.S.C. 15101 et seq.), and the Appa-
21 lachian Regional Commission (40 U.S.C. 14101 et seq.)
22 for any Rural Community Advancement Program purpose
23 as described in section 381E(d) of the Consolidated Farm
24 and Rural Development Act, of which not more than 5
25 percent may be used for administrative expenses: Provided
December 21, 2020 (12:59 p.m.)

46
1 further, That $4,000,000 of the amount appropriated
2 under this heading shall be for business grants to benefit
3 Federally Recognized Native American Tribes, including
4 $250,000 for a grant to a qualified national organization
5 to provide technical assistance for rural transportation in
6 order to promote economic development: Provided further,
7 That of the amount appropriated under this heading, not
8 to exceed $2,000,000 shall be for Rural Business Develop-
9 ment Grants in rural coastal communities, with priority
10 given to National Scenic Areas that were devastated by
11 wildfires that are in need of economic development assist-
12 ance, to support innovation and job growth: Provided fur-
13 ther, That sections 381E–H and 381N of the Consolidated
14 Farm and Rural Development Act are not applicable to
15 funds made available under this heading.
16 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
18 For the principal amount of direct loans, as author-

19 ized by the Intermediary Relending Program Fund Ac-
20 count (7 U.S.C. 1936b), $18,889,000.
21 For the cost of direct loans, $2,939,000, as author-
22 ized by the Intermediary Relending Program Fund Ac-
23 count (7 U.S.C. 1936b), of which $557,000 shall be avail-
24 able through June 30, 2021, for Federally Recognized Na-
25 tive American Tribes; and of which $1,072,000 shall be
December 21, 2020 (12:59 p.m.)

47
1 available through June 30, 2021, for Mississippi Delta Re-
2 gion counties (as determined in accordance with Public
3 Law 100–460): Provided, That such costs, including the
4 cost of modifying such loans, shall be as defined in section
5 502 of the Congressional Budget Act of 1974.
6 In addition, for administrative expenses to carry out
7 the direct loan programs, $4,468,000 shall be transferred
8 to and merged with the appropriation for ‘‘Rural Develop-
9 ment, Salaries and Expenses’’.
10 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM
11 ACCOUNT
12 For the principal amount of direct loans, as author-

13 ized under section 313B(a) of the Rural Electrification
14 Act, for the purpose of promoting rural economic develop-
15 ment and job creation projects, $50,000,000.
16 The cost of grants authorized under section 313B(a)
17 of the Rural Electrification Act, for the purpose of pro-
18 moting rural economic development and job creation
19 projects shall not exceed $10,000,000.
20 RURAL COOPERATIVE DEVELOPMENT GRANTS
21 For rural cooperative development grants authorized

22 under section 310B(e) of the Consolidated Farm and
23 Rural Development Act (7 U.S.C. 1932), $26,600,000, of
24 which $2,800,000 shall be for cooperative agreements for
25 the appropriate technology transfer for rural areas pro-
December 21, 2020 (12:59 p.m.)

48
1 gram: Provided, That not to exceed $3,000,000 shall be
2 for grants for cooperative development centers, individual
3 cooperatives, or groups of cooperatives that serve socially
4 disadvantaged groups and a majority of the boards of di-
5 rectors or governing boards of which are comprised of in-
6 dividuals who are members of socially disadvantaged
7 groups; and of which $15,000,000, to remain available
8 until expended, shall be for value-added agricultural prod-
9 uct market development grants, as authorized by section
10 210A of the Agricultural Marketing Act of 1946, of which
12 for Agriculture Innovation Centers authorized pursuant to
13 section 6402 of Public Law 107–171.
14 RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
15 For the cost of loans and grants, $6,000,000 under

16 the same terms and conditions as authorized by section
17 379E of the Consolidated Farm and Rural Development
18 Act (7 U.S.C. 2008s): Provided, That such costs of loans,
19 including the cost of modifying such loans, shall be defined
20 in section 502 of the Congressional Budget Act of 1974.
21 RURAL ENERGY FOR AMERICA PROGRAM
22 For the cost of a program of loan guarantees, under

23 the same terms and conditions as authorized by section
24 9007 of the Farm Security and Rural Investment Act of
25 2002 (7 U.S.C. 8107), $392,000: Provided, That the cost
December 21, 2020 (12:59 p.m.)

49
1 of loan guarantees, including the cost of modifying such
2 loans, shall be as defined in section 502 of the Congres-
3 sional Budget Act of 1974.
4 RURAL UTILITIES SERVICE
5 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

8 rect and guaranteed loans as authorized by section 306
9 and described in section 381E(d)(2) of the Consolidated
10 Farm and Rural Development Act, as follows:
11 $1,400,000,000 for direct loans; and $50,000,000 for
12 guaranteed loans.
13 For the cost of loan guarantees and grants, including
14 the cost of modifying loans, as defined in section 502 of
15 the Congressional Budget Act of 1974, for rural water,
16 waste water, waste disposal, and solid waste management
17 programs authorized by sections 306, 306A, 306C, 306D,
18 306E, and 310B and described in sections 306C(a)(2),
19 306D, 306E, and 381E(d)(2) of the Consolidated Farm
20 and Rural Development Act, $621,567,000, to remain
21 available until expended, of which not to exceed
22 $1,000,000 shall be available for the rural utilities pro-
23 gram described in section 306(a)(2)(B) of such Act, and
24 of which not to exceed $5,000,000 shall be available for
25 the rural utilities program described in section 306E of
December 21, 2020 (12:59 p.m.)

50
1 such Act: Provided, That not to exceed $15,000,000 of
2 the amount appropriated under this heading shall be for
3 grants authorized by section 306A(i)(2) of the Consoli-
4 dated Farm and Rural Development Act in addition to
5 funding authorized by section 306A(i)(1) of such Act: Pro-
6 vided further, That $68,000,000 of the amount appro-
7 priated under this heading shall be for loans and grants
8 including water and waste disposal systems grants author-
9 ized by section 306C(a)(2)(B) and section 306D of the
10 Consolidated Farm and Rural Development Act, and Fed-
11 erally Recognized Native American Tribes authorized by
12 306C(a)(1) of such Act: Provided further, That funding
13 provided for section 306D of the Consolidated Farm and
14 Rural Development Act may be provided to a consortium
15 formed pursuant to section 325 of Public Law 105–83:
16 Provided further, That not more than 2 percent of the
17 funding provided for section 306D of the Consolidated
18 Farm and Rural Development Act may be used by the
19 State of Alaska for training and technical assistance pro-
20 grams and not more than 2 percent of the funding pro-
21 vided for section 306D of the Consolidated Farm and
22 Rural Development Act may be used by a consortium
23 formed pursuant to section 325 of Public Law 105–83 for
24 training and technical assistance programs: Provided fur-
25 ther, That not to exceed $35,000,000 of the amount ap-
December 21, 2020 (12:59 p.m.)

51
1 propriated under this heading shall be for technical assist-
2 ance grants for rural water and waste systems pursuant
3 to section 306(a)(14) of such Act, unless the Secretary
4 makes a determination of extreme need, of which
5 $8,000,000 shall be made available for a grant to a quali-
6 fied nonprofit multi-State regional technical assistance or-
7 ganization, with experience in working with small commu-
8 nities on water and waste water problems, the principal
9 purpose of such grant shall be to assist rural communities
10 with populations of 3,300 or less, in improving the plan-
11 ning, financing, development, operation, and management
12 of water and waste water systems, and of which not less
13 than $800,000 shall be for a qualified national Native
14 American organization to provide technical assistance for
15 rural water systems for tribal communities: Provided fur-
16 ther, That not to exceed $20,157,000 of the amount ap-
17 propriated under this heading shall be for contracting with
18 qualified national organizations for a circuit rider program
19 to provide technical assistance for rural water systems:
20 Provided further, That not to exceed $4,000,000 of the
21 amounts made available under this heading shall be for
22 solid waste management grants: Provided further, That
23 $10,000,000 of the amount appropriated under this head-
24 ing shall be transferred to, and merged with, the Rural
25 Utilities Service, High Energy Cost Grants Account to
December 21, 2020 (12:59 p.m.)

52
1 provide grants authorized under section 19 of the Rural
2 Electrification Act of 1936 (7 U.S.C. 918a): Provided fur-
3 ther, That any prior year balances for high-energy cost
4 grants authorized by section 19 of the Rural Electrifica-
5 tion Act of 1936 (7 U.S.C. 918a) shall be transferred to
6 and merged with the Rural Utilities Service, High Energy
7 Cost Grants Account: Provided further, That sections
8 381E–H and 381N of the Consolidated Farm and Rural
9 Development Act are not applicable to the funds made
10 available under this heading.
11 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
12 LOANS PROGRAM ACCOUNT
14 The principal amount of direct and guaranteed loans

15 as authorized by sections 305, 306, and 317 of the Rural
16 Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g)
17 shall be made as follows: loans made pursuant to sections
18 305, 306, and 317, notwithstanding 317(c), of that Act,
19 rural electric, $5,500,000,000; guaranteed underwriting
20 loans pursuant to section 313A of that Act, $750,000,000;
21 5 percent rural telecommunications loans, cost of money
22 rural telecommunications loans, and for loans made pursu-
23 ant to section 306 of that Act, rural telecommunications
24 loans, $690,000,000: Provided, That up to
25 $2,000,000,000 shall be used for the construction, acquisi-
December 21, 2020 (12:59 p.m.)

53
1 tion, design and engineering or improvement of fossil-
2 fueled electric generating plants (whether new or existing)
3 that utilize carbon subsurface utilization and storage sys-
4 tems.
5 For the cost of direct loans as authorized by section
6 305 of the Rural Electrification Act of 1936 (7 U.S.C.
7 935), including the cost of modifying loans, as defined in
8 section 502 of the Congressional Budget Act of 1974, cost
9 of money rural telecommunications loans, $2,277,000.
12 $33,270,000, which shall be transferred to and merged
13 with the appropriation for ‘‘Rural Development, Salaries
14 and Expenses’’.
15 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND
16 PROGRAM
17 For the principal amount of broadband telecommuni-

18 cation loans, $11,869,000.
19 For grants for telemedicine and distance learning
20 services in rural areas, as authorized by 7 U.S.C. 950aaa
21 et seq., $60,000,000, to remain available until expended:
22 Provided, That $3,000,000 shall be made available for
23 grants authorized by section 379G of the Consolidated
24 Farm and Rural Development Act: Provided further, That
25 funding provided under this heading for grants under sec-
December 21, 2020 (12:59 p.m.)

54
1 tion 379G of the Consolidated Farm and Rural Develop-
2 ment Act may only be provided to entities that meet all
3 of the eligibility criteria for a consortium as established
4 by this section.
5 For the cost of broadband loans, as authorized by
6 section 601 of the Rural Electrification Act, $2,000,000,
7 to remain available until expended: Provided, That the
8 cost of direct loans shall be as defined in section 502 of
9 the Congressional Budget Act of 1974.
10 In addition, $35,000,000, to remain available until
11 expended, for the Community Connect Grant Program au-
12 thorized by 7 U.S.C. 950bb–3.
December 21, 2020 (12:59 p.m.)

55
1 TITLE IV
2 DOMESTIC FOOD PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR FOOD,
4 NUTRITION, AND CONSUMER SERVICES
6 Secretary for Food, Nutrition, and Consumer Services,
8 Act to an agency in the Food, Nutrition and Consumer
9 Services mission area for salaries and expenses are avail-
11 the Office.
12 FOOD AND NUTRITION SERVICE
13 CHILD NUTRITION PROGRAMS
15 For necessary expenses to carry out the Richard B.

16 Russell National School Lunch Act (42 U.S.C. 1751 et
17 seq.), except section 21, and the Child Nutrition Act of
18 1966 (42 U.S.C. 1771 et seq.), except sections 17 and
19 21; $25,118,440,000 to remain available through Sep-
20 tember 30, 2022, of which such sums as are made avail-
21 able under section 14222(b)(1) of the Food, Conservation,
22 and Energy Act of 2008 (Public Law 110–246), as
23 amended by this Act, shall be merged with and available
24 for the same time period and purposes as provided herein:
25 Provided, That of the total amount available, $18,004,000
December 21, 2020 (12:59 p.m.)

56
1 shall be available to carry out section 19 of the Child Nu-
2 trition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
3 further, That of the total amount available, $15,299,000
4 shall be available to carry out studies and evaluations and
6 That of the total amount available, $30,000,000 shall be
7 available to provide competitive grants to State agencies
8 for subgrants to local educational agencies and schools to
9 purchase the equipment, with a value of greater than
10 $1,000, needed to serve healthier meals, improve food
11 safety, and to help support the establishment, mainte-
12 nance, or expansion of the school breakfast program: Pro-
13 vided further, That of the total amount available,
14 $42,000,000 shall remain available until expended to carry
15 out section 749(g) of the Agriculture Appropriations Act
16 of 2010 (Public Law 111–80): Provided further, That sec-
17 tion 26(d) of the Richard B. Russell National School
18 Lunch Act (42 U.S.C. 1769g(d)) is amended in the first
19 sentence by striking ‘‘2010 through 2021’’ and inserting
20 ‘‘2010 through 2022’’: Provided further, That section
21 9(h)(3) of the Richard B. Russell National School Lunch
22 Act (42 U.S.C. 1758(h)(3)) is amended in the first sen-
23 tence by striking ‘‘For fiscal year 2020’’ and inserting
24 ‘‘For fiscal year 2021’’: Provided further, That section
25 9(h)(4) of the Richard B. Russell National School Lunch
December 21, 2020 (12:59 p.m.)

57
1 Act (42 U.S.C. 1758(h)(4)) is amended in the first sen-
2 tence by striking ‘‘For fiscal year 2020’’ and inserting
3 ‘‘For fiscal year 2021’’.
4 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
5 WOMEN, INFANTS, AND CHILDREN (WIC)
6 For necessary expenses to carry out the special sup-

7 plemental nutrition program as authorized by section 17
8 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
9 $6,000,000,000, to remain available through September
10 30, 2022: Provided, That notwithstanding section
11 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
12 1786(h)(10)), not less than $90,000,000 shall be used for
13 breastfeeding peer counselors and other related activities,
14 and $14,000,000 shall be used for infrastructure: Pro-
15 vided further, That none of the funds provided in this ac-
16 count shall be available for the purchase of infant formula
17 except in accordance with the cost containment and com-
18 petitive bidding requirements specified in section 17 of
19 such Act: Provided further, That none of the funds pro-
20 vided shall be available for activities that are not fully re-
21 imbursed by other Federal Government departments or
22 agencies unless authorized by section 17 of such Act: Pro-
23 vided further, That upon termination of a federally man-
24 dated vendor moratorium and subject to terms and condi-
25 tions established by the Secretary, the Secretary may
December 21, 2020 (12:59 p.m.)

58
1 waive the requirement at 7 CFR 246.12(g)(6) at the re-
2 quest of a State agency.
3 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
4 For necessary expenses to carry out the Food and

5 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.),
6 $114,035,578,000, of which $3,000,000,000, to remain
7 available through September 30, 2023, shall be placed in
8 reserve for use only in such amounts and at such times
9 as may become necessary to carry out program operations:
10 Provided, That funds provided herein shall be expended
11 in accordance with section 16 of the Food and Nutrition
12 Act of 2008: Provided further, That of the funds made
13 available under this heading, $998,000 may be used to
14 provide nutrition education services to State agencies and
15 Federally Recognized Tribes participating in the Food
16 Distribution Program on Indian Reservations: Provided
17 further, That this appropriation shall be subject to any
18 work registration or workfare requirements as may be re-
19 quired by law: Provided further, That funds made available
20 for Employment and Training under this heading shall re-
21 main available through September 30, 2022: Provided fur-
22 ther, That funds made available under this heading for
23 section 28(d)(1), section 4(b), and section 27(a) of the
24 Food and Nutrition Act of 2008 shall remain available
25 through September 30, 2022: Provided further, That with
December 21, 2020 (12:59 p.m.)

59
1 respect to funds made available under this heading for sec-
2 tion 28(d)(1), the Secretary shall use 2 percent for admin-
3 istration, training and technical assistance, and pilot
4 projects under section 28: Provided further, That none of
5 the funds made available under this heading may be obli-
6 gated or expended in contravention of section 213A of the
7 Immigration and Nationality Act (8 U.S.C. 1183A): Pro-
8 vided further, That funds made available under this head-
9 ing may be used to enter into contracts and employ staff
10 to conduct studies, evaluations, or to conduct activities re-
11 lated to program integrity provided that such activities are
12 authorized by the Food and Nutrition Act of 2008.
13 COMMODITY ASSISTANCE PROGRAM
14 For necessary expenses to carry out disaster assist-

15 ance and the Commodity Supplemental Food Program as
16 authorized by section 4(a) of the Agriculture and Con-
17 sumer Protection Act of 1973 (7 U.S.C. 612c note); the
18 Emergency Food Assistance Act of 1983; special assist-
19 ance for the nuclear affected islands, as authorized by sec-
20 tion 103(f)(2) of the Compact of Free Association Amend-
21 ments Act of 2003 (Public Law 108–188); and the Farm-
22 ers’ Market Nutrition Program, as authorized by section
23 17(m) of the Child Nutrition Act of 1966, $426,700,000,
24 to remain available through September 30, 2022: Pro-
25 vided, That none of these funds shall be available to reim-
December 21, 2020 (12:59 p.m.)

60
1 burse the Commodity Credit Corporation for commodities
2 donated to the program: Provided further, That notwith-
3 standing any other provision of law, effective with funds
4 made available in fiscal year 2021 to support the Seniors
5 Farmers’ Market Nutrition Program, as authorized by
6 section 4402 of the Farm Security and Rural Investment
7 Act of 2002, such funds shall remain available through
8 September 30, 2022: Provided further, That of the funds
9 made available under section 27(a) of the Food and Nutri-
10 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may
11 use up to 20 percent for costs associated with the distribu-
12 tion of commodities.
13 NUTRITION PROGRAMS ADMINISTRATION
14 For necessary administrative expenses of the Food

15 and Nutrition Service for carrying out any domestic nutri-
16 tion assistance program, $156,805,000: Provided, That of
17 the funds provided herein, $2,000,000 shall be used for
18 the purposes of section 4404 of Public Law 107–171, as
19 amended by section 4401 of Public Law 110–246.
December 21, 2020 (12:59 p.m.)

61
1 TITLE V
2 FOREIGN ASSISTANCE AND RELATED
3 PROGRAMS
4 OFFICE OF THE UNDER SECRETARY FOR TRADE AND
5 FOREIGN AGRICULTURAL AFFAIRS

7 Secretary for Trade and Foreign Agricultural Affairs,
9 Act to any agency in the Trade and Foreign Agricultural
10 Affairs mission area for salaries and expenses are avail-
12 the Office.
13 OFFICE OF CODEX ALIMENTARIUS
14 For necessary expenses of the Office of Codex

15 Alimentarius, $4,805,000, including not to exceed
16 $40,000 for official reception and representation expenses.
17 FOREIGN AGRICULTURAL SERVICE
20 For necessary expenses of the Foreign Agricultural

21 Service, including not to exceed $250,000 for representa-
22 tion allowances and for expenses pursuant to section 8 of
23 the Act approved August 3, 1956 (7 U.S.C. 1766),
24 $221,835,000, of which no more than 6 percent shall re-
25 main available until September 30, 2022, for overseas op-
December 21, 2020 (12:59 p.m.)

62
1 erations to include the payment of locally employed staff:
2 Provided, That the Service may utilize advances of funds,
3 or reimburse this appropriation for expenditures made on
4 behalf of Federal agencies, public and private organiza-
5 tions and institutions under agreements executed pursu-
6 ant to the agricultural food production assistance pro-
7 grams (7 U.S.C. 1737) and the foreign assistance pro-
8 grams of the United States Agency for International De-
9 velopment: Provided further, That funds made available
10 for middle-income country training programs, funds made
11 available for the Borlaug International Agricultural
12 Science and Technology Fellowship program, and up to
13 $2,000,000 of the Foreign Agricultural Service appropria-
14 tion solely for the purpose of offsetting fluctuations in
15 international currency exchange rates, subject to docu-
16 mentation by the Foreign Agricultural Service, shall re-
17 main available until expended.
18 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD
19 FOR PROGRESS PROGRAM ACCOUNT
21 For administrative expenses to carry out the credit

22 program of title I, Food for Peace Act (Public Law 83–
23 480) and the Food for Progress Act of 1985, $112,000,
24 shall be transferred to and merged with the appropriation
December 21, 2020 (12:59 p.m.)

63
1 for ‘‘Farm Production and Conservation Business Center,
2 Salaries and Expenses’’.
3 FOOD FOR PEACE TITLE II GRANTS
4 For expenses during the current fiscal year, not oth-

5 erwise recoverable, and unrecovered prior years’ costs, in-
6 cluding interest thereon, under the Food for Peace Act
7 (Public Law 83–480), for commodities supplied in connec-
8 tion with dispositions abroad under title II of said Act,
9 $1,740,000,000, to remain available until expended.
10 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION
11 AND CHILD NUTRITION PROGRAM GRANTS
12 For necessary expenses to carry out the provisions

13 of section 3107 of the Farm Security and Rural Invest-
14 ment Act of 2002 (7 U.S.C. 1736o–1), $230,000,000, to
15 remain available until expended: Provided, That the Com-
16 modity Credit Corporation is authorized to provide the
17 services, facilities, and authorities for the purpose of im-
18 plementing such section, subject to reimbursement from
19 amounts provided herein: Provided further, That of the
20 amount made available under this heading, not more than
21 10 percent, but not less than $23,000,000, shall remain
22 available until expended to purchase agricultural commod-
23 ities as described in subsection 3107(a)(2) of the Farm
25 1736o–1(a)(2)).
December 21, 2020 (12:59 p.m.)

64
1 COMMODITY CREDIT CORPORATION EXPORT (LOANS)
2 CREDIT GUARANTEE PROGRAM ACCOUNT
4 For administrative expenses to carry out the Com-

5 modity Credit Corporation’s Export Guarantee Program,
6 GSM 102 and GSM 103, $6,381,000, to cover common
7 overhead expenses as permitted by section 11 of the Com-
8 modity Credit Corporation Charter Act and in conformity
9 with the Federal Credit Reform Act of 1990, of which
11 appropriation for ‘‘Foreign Agricultural Service, Salaries
12 and Expenses’’, and of which $318,000 shall be trans-
13 ferred to and merged with the appropriation for ‘‘Farm
14 Production and Conservation Business Center, Salaries
15 and Expenses’’.
December 21, 2020 (12:59 p.m.)

65
1 TITLE VI
2 RELATED AGENCY AND FOOD AND DRUG
3 ADMINISTRATION
4 DEPARTMENT OF HEALTH AND HUMAN SERVICES
5 FOOD AND DRUG ADMINISTRATION
8 For necessary expenses of the Food and Drug Ad-

9 ministration, including hire and purchase of passenger
10 motor vehicles; for payment of space rental and related
11 costs pursuant to Public Law 92–313 for programs and
12 activities of the Food and Drug Administration which are
13 included in this Act; for rental of special purpose space
14 in the District of Columbia or elsewhere; in addition to
15 amounts appropriated to the FDA Innovation Account, for
16 carrying out the activities described in section 1002(b)(4)
17 of the 21st Century Cures Act (Public Law 114–255); for
18 miscellaneous and emergency expenses of enforcement ac-
19 tivities, authorized and approved by the Secretary and to
20 be accounted for solely on the Secretary’s certificate, not
21 to exceed $25,000; and notwithstanding section 521 of
22 Public Law 107–188; $5,876,025,000: Provided, That of
23 the amount provided under this heading, $1,107,199,000
24 shall be derived from prescription drug user fees author-
25 ized by 21 U.S.C. 379h, and shall be credited to this ac-
December 21, 2020 (12:59 p.m.)

66
1 count and remain available until expended; $236,059,000
2 shall be derived from medical device user fees authorized
3 by 21 U.S.C. 379j, and shall be credited to this account
4 and remain available until expended; $520,208,000 shall
5 be derived from human generic drug user fees authorized
6 by 21 U.S.C. 379j–42, and shall be credited to this ac-
7 count and remain available until expended; $42,494,000
8 shall be derived from biosimilar biological product user
9 fees authorized by 21 U.S.C. 379j–52, and shall be cred-
10 ited to this account and remain available until expended;
11 $33,340,000 shall be derived from animal drug user fees
12 authorized by 21 U.S.C. 379j–12, and shall be credited
13 to this account and remain available until expended;
14 $22,797,000 shall be derived from generic new animal
15 drug user fees authorized by 21 U.S.C. 379j–21, and shall
16 be credited to this account and remain available until ex-
17 pended; $712,000,000 shall be derived from tobacco prod-
18 uct user fees authorized by 21 U.S.C. 387s, and shall be
19 credited to this account and remain available until ex-
20 pended: Provided further, That in addition to and notwith-
21 standing any other provision under this heading, amounts
22 collected for prescription drug user fees, medical device
23 user fees, human generic drug user fees, biosimilar biologi-
24 cal product user fees, animal drug user fees, and generic
25 new animal drug user fees that exceed the respective fiscal
December 21, 2020 (12:59 p.m.)

67
1 year 2021 limitations are appropriated and shall be cred-
2 ited to this account and remain available until expended:
3 Provided further, That fees derived from prescription drug,
4 medical device, human generic drug, biosimilar biological
5 product, animal drug, and generic new animal drug as-
6 sessments for fiscal year 2021, including any such fees
7 collected prior to fiscal year 2021 but credited for fiscal
8 year 2021, shall be subject to the fiscal year 2021 limita-
9 tions: Provided further, That the Secretary may accept
10 payment during fiscal year 2021 of user fees specified
11 under this heading and authorized for fiscal year 2022,
12 prior to the due date for such fees, and that amounts of
13 such fees assessed for fiscal year 2022 for which the Sec-
14 retary accepts payment in fiscal year 2021 shall not be
15 included in amounts under this heading: Provided further,
16 That none of these funds shall be used to develop, estab-
17 lish, or operate any program of user fees authorized by
18 31 U.S.C. 9701: Provided further, That of the total
19 amount appropriated: (1) $1,099,160,000 shall be for the
20 Center for Food Safety and Applied Nutrition and related
21 field activities in the Office of Regulatory Affairs, of which
22 no less than $15,000,000 shall be used for inspections of
23 foreign seafood manufacturers and field examinations of
24 imported seafood; (2) $1,996,126,000 shall be for the
25 Center for Drug Evaluation and Research and related
December 21, 2020 (12:59 p.m.)

68
1 field activities in the Office of Regulatory Affairs; (3)
2 $437,071,000 shall be for the Center for Biologics Evalua-
3 tion and Research and for related field activities in the
4 Office of Regulatory Affairs; (4) $244,350,000 shall be
5 for the Center for Veterinary Medicine and for related
6 field activities in the Office of Regulatory Affairs; (5)
7 $609,121,000 shall be for the Center for Devices and Ra-
8 diological Health and for related field activities in the Of-
9 fice of Regulatory Affairs; (6) $66,712,000 shall be for
10 the National Center for Toxicological Research; (7)
11 $681,513,000 shall be for the Center for Tobacco Prod-
12 ucts and for related field activities in the Office of Regu-
13 latory Affairs; (8) $188,707,000 shall be for Rent and Re-
14 lated activities, of which $52,944,000 is for White Oak
15 Consolidation, other than the amounts paid to the General
16 Services Administration for rent; (9) $235,112,000 shall
17 be for payments to the General Services Administration
18 for rent; and (10) $318,153,000 shall be for other activi-
19 ties, including the Office of the Commissioner of Food and
20 Drugs, the Office of Food Policy and Response, the Office
21 of Operations, the Office of the Chief Scientist, and cen-
22 tral services for these offices: Provided further, That not
23 to exceed $25,000 of this amount shall be for official re-
24 ception and representation expenses, not otherwise pro-
25 vided for, as determined by the Commissioner: Provided
December 21, 2020 (12:59 p.m.)

69
1 further, That any transfer of funds pursuant to section
2 770(n) of the Federal Food, Drug, and Cosmetic Act (21
3 U.S.C. 379dd(n)) shall only be from amounts made avail-
4 able under this heading for other activities: Provided fur-
5 ther, That of the amounts that are made available under
6 this heading for ‘‘other activities’’, and that are not de-
7 rived from user fees, $1,500,000 shall be transferred to
8 and merged with the appropriation for ‘‘Department of
9 Health and Human Services—Office of Inspector Gen-
10 eral’’ for oversight of the programs and operations of the
11 Food and Drug Administration and shall be in addition
12 to funds otherwise made available for oversight of the
13 Food and Drug Administration: Provided further, That
14 funds may be transferred from one specified activity to
15 another with the prior approval of the Committees on Ap-
16 propriations of both Houses of Congress.
17 In addition, mammography user fees authorized by
18 42 U.S.C. 263b, export certification user fees authorized
19 by 21 U.S.C. 381, priority review user fees authorized by
20 21 U.S.C. 360n and 360ff, food and feed recall fees, food
21 reinspection fees, and voluntary qualified importer pro-
22 gram fees authorized by 21 U.S.C. 379j–31, outsourcing
23 facility fees authorized by 21 U.S.C. 379j–62, prescription
24 drug wholesale distributor licensing and inspection fees
25 authorized by 21 U.S.C. 353(e)(3), third-party logistics
December 21, 2020 (12:59 p.m.)

70
1 provider licensing and inspection fees authorized by 21
2 U.S.C. 360eee–3(c)(1), third-party auditor fees authorized
3 by 21 U.S.C. 384d(c)(8), medical countermeasure priority
4 review voucher user fees authorized by 21 U.S.C. 360bbb–
5 4a, and fees relating to over-the-counter monograph drugs
6 authorized by 21 U.S.C. 379j–72 shall be credited to this
7 account, to remain available until expended.
9 For plans, construction, repair, improvement, exten-

10 sion, alteration, demolition, and purchase of fixed equip-
11 ment or facilities of or used by the Food and Drug Admin-
12 istration, where not otherwise provided, $12,788,000, to
13 remain available until expended.
14 FDA INNOVATION ACCOUNT, CURES ACT
16 For necessary expenses to carry out the purposes de-

17 scribed under section 1002(b)(4) of the 21st Century
18 Cures Act, in addition to amounts available for such pur-
19 poses under the heading ‘‘Salaries and Expenses’’,
21 vided, That amounts appropriated in this paragraph are
22 appropriated pursuant to section 1002(b)(3) of the 21st
23 Century Cures Act, are to be derived from amounts trans-
24 ferred under section 1002(b)(2)(A) of such Act, and may
25 be transferred by the Commissioner of Food and Drugs
December 21, 2020 (12:59 p.m.)

71
1 to the appropriation for ‘‘Department of Health and
2 Human Services Food and Drug Administration Salaries
3 and Expenses’’ solely for the purposes provided in such
4 Act: Provided further, That upon a determination by the
5 Commissioner that funds transferred pursuant to the pre-
6 vious proviso are not necessary for the purposes provided,
7 such amounts may be transferred back to the account:
8 Provided further, That such transfer authority is in addi-
9 tion to any other transfer authority provided by law.
10 INDEPENDENT AGENCY
11 FARM CREDIT ADMINISTRATION
13 Not to exceed $80,400,000 (from assessments col-

14 lected from farm credit institutions, including the Federal
15 Agricultural Mortgage Corporation) shall be obligated
16 during the current fiscal year for administrative expenses
17 as authorized under 12 U.S.C. 2249: Provided, That this
18 limitation shall not apply to expenses associated with re-
19 ceiverships: Provided further, That the agency may exceed
20 this limitation by up to 10 percent with notification to the
21 Committees on Appropriations of both Houses of Con-
22 gress: Provided further, That the purposes of section
23 3.7(b)(2)(A)(i) of the Farm Credit Act of 1971 (12 U.S.C.
24 2128(b)(2)(A)(i)), the Farm Credit Administration may
25 exempt, an amount in its sole discretion, from the applica-
December 21, 2020 (12:59 p.m.)

72
1 tion of the limitation provided in that clause of export
2 loans described in the clause guaranteed or insured in a
3 manner other than described in subclause (II) of the
4 clause.
December 21, 2020 (12:59 p.m.)

73
1 TITLE VII
2 GENERAL PROVISIONS
3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
4 SEC. 701. The Secretary may use any appropriations

5 made available to the Department of Agriculture in this
6 Act to purchase new passenger motor vehicles, in addition
7 to specific appropriations for this purpose, so long as the
8 total number of vehicles purchased in fiscal year 2021
9 does not exceed the number of vehicles owned or leased
10 in fiscal year 2018: Provided, That, prior to purchasing
11 additional motor vehicles, the Secretary must determine
12 that such vehicles are necessary for transportation safety,
13 to reduce operational costs, and for the protection of life,
14 property, and public safety: Provided further, That the
15 Secretary may not increase the Department of Agri-
16 culture’s fleet above the 2018 level unless the Secretary
17 notifies in writing, and receives approval from, the Com-
18 mittees on Appropriations of both Houses of Congress
19 within 30 days of the notification.
20 SEC. 702. Notwithstanding any other provision of
21 this Act, the Secretary of Agriculture may transfer unobli-
22 gated balances of discretionary funds appropriated by this
23 Act or any other available unobligated discretionary bal-
24 ances that are remaining available of the Department of
25 Agriculture to the Working Capital Fund for the acquisi-
December 21, 2020 (12:59 p.m.)

74
1 tion of plant and capital equipment necessary for the deliv-
2 ery of financial, administrative, and information tech-
3 nology services of primary benefit to the agencies of the
4 Department of Agriculture, such transferred funds to re-
5 main available until expended: Provided, That none of the
6 funds made available by this Act or any other Act shall
7 be transferred to the Working Capital Fund without the
8 prior approval of the agency administrator: Provided fur-
9 ther, That none of the funds transferred to the Working
10 Capital Fund pursuant to this section shall be available
11 for obligation without written notification to and the prior
12 approval of the Committees on Appropriations of both
13 Houses of Congress: Provided further, That none of the
14 funds appropriated by this Act or made available to the
15 Department’s Working Capital Fund shall be available for
16 obligation or expenditure to make any changes to the De-
17 partment’s National Finance Center without written noti-
18 fication to and prior approval of the Committees on Ap-
19 propriations of both Houses of Congress as required by
20 section 716 of this Act: Provided further, That none of
21 the funds appropriated by this Act or made available to
22 the Department’s Working Capital Fund shall be available
23 for obligation or expenditure to initiate, plan, develop, im-
24 plement, or make any changes to remove or relocate any
25 systems, missions, personnel, or functions of the offices
December 21, 2020 (12:59 p.m.)

75
1 of the Chief Financial Officer and the Chief Information
2 Officer, co-located with or from the National Finance Cen-
3 ter prior to written notification to and prior approval of
4 the Committee on Appropriations of both Houses of Con-
5 gress and in accordance with the requirements of section
6 716 of this Act: Provided further, That the National Fi-
7 nance Center Information Technology Services Division
8 personnel and data center management responsibilities,
9 and control of any functions, missions, and systems for
10 current and future human resources management and in-
11 tegrated personnel and payroll systems (PPS) and func-
12 tions provided by the Chief Financial Officer and the Chief
13 Information Officer shall remain in the National Finance
14 Center and under the management responsibility and ad-
15 ministrative control of the National Finance Center: Pro-
16 vided further, That the Secretary of Agriculture and the
17 offices of the Chief Financial Officer shall actively market
18 to existing and new Departments and other government
19 agencies National Finance Center shared services includ-
20 ing, but not limited to, payroll, financial management, and
21 human capital shared services and allow the National Fi-
22 nance Center to perform technology upgrades: Provided
23 further, That of annual income amounts in the Working
24 Capital Fund of the Department of Agriculture attrib-
25 utable to the amounts in excess of the true costs of the
December 21, 2020 (12:59 p.m.)

76
1 shared services provided by the National Finance Center
2 and budgeted for the National Finance Center, the Sec-
3 retary shall reserve not more than 4 percent for the re-
4 placement or acquisition of capital equipment, including
5 equipment for the improvement, delivery, and implementa-
6 tion of financial, administrative, and information tech-
7 nology services, and other systems of the National Finance
8 Center or to pay any unforeseen, extraordinary cost of the
9 National Finance Center: Provided further, That none of
10 the amounts reserved shall be available for obligation un-
11 less the Secretary submits written notification of the obli-
12 gation to the Committees on Appropriations of both
13 Houses of Congress: Provided further, That the limitations
14 on the obligation of funds pending notification to Congres-
15 sional Committees shall not apply to any obligation that,
16 as determined by the Secretary, is necessary to respond
17 to a declared state of emergency that significantly impacts
18 the operations of the National Finance Center; or to evac-
19 uate employees of the National Finance Center to a safe
20 haven to continue operations of the National Finance Cen-
21 ter.
22 SEC. 703. No part of any appropriation contained in
23 this Act shall remain available for obligation beyond the
24 current fiscal year unless expressly so provided herein.
December 21, 2020 (12:59 p.m.)

77
1 SEC. 704. No funds appropriated by this Act may be
2 used to pay negotiated indirect cost rates on cooperative
3 agreements or similar arrangements between the United
4 States Department of Agriculture and nonprofit institu-
5 tions in excess of 10 percent of the total direct cost of
6 the agreement when the purpose of such cooperative ar-
7 rangements is to carry out programs of mutual interest
8 between the two parties. This does not preclude appro-
9 priate payment of indirect costs on grants and contracts
10 with such institutions when such indirect costs are com-
11 puted on a similar basis for all agencies for which appro-
12 priations are provided in this Act.
13 SEC. 705. Appropriations to the Department of Agri-
14 culture for the cost of direct and guaranteed loans made
15 available in the current fiscal year shall remain available
16 until expended to disburse obligations made in the current
17 fiscal year for the following accounts: the Rural Develop-
18 ment Loan Fund program account, the Rural Electrifica-
19 tion and Telecommunication Loans program account, and
20 the Rural Housing Insurance Fund program account.
21 SEC. 706. None of the funds made available to the
22 Department of Agriculture by this Act may be used to ac-
23 quire new information technology systems or significant
24 upgrades, as determined by the Office of the Chief Infor-
25 mation Officer, without the approval of the Chief Informa-
December 21, 2020 (12:59 p.m.)

78
1 tion Officer and the concurrence of the Executive Informa-
2 tion Technology Investment Review Board: Provided, That
3 notwithstanding any other provision of law, none of the
4 funds appropriated or otherwise made available by this
5 Act may be transferred to the Office of the Chief Informa-
6 tion Officer without written notification to and the prior
7 approval of the Committees on Appropriations of both
8 Houses of Congress: Provided further, That, notwith-
9 standing section 11319 of title 40, United States Code,
10 none of the funds available to the Department of Agri-
11 culture for information technology shall be obligated for
12 projects, contracts, or other agreements over $25,000
13 prior to receipt of written approval by the Chief Informa-
14 tion Officer: Provided further, That the Chief Information
15 Officer may authorize an agency to obligate funds without
16 written approval from the Chief Information Officer for
17 projects, contracts, or other agreements up to $250,000
18 based upon the performance of an agency measured
19 against the performance plan requirements described in
20 the explanatory statement accompanying Public Law 113–
21 235.
22 SEC. 707. Funds made available under section 524(b)
23 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in
24 the current fiscal year shall remain available until ex-
December 21, 2020 (12:59 p.m.)

79
1 pended to disburse obligations made in the current fiscal
2 year.
4 law, any former Rural Utilities Service borrower that has
5 repaid or prepaid an insured, direct or guaranteed loan
6 under the Rural Electrification Act of 1936, or any not-
7 for-profit utility that is eligible to receive an insured or
8 direct loan under such Act, shall be eligible for assistance
9 under section 313B(a) of such Act in the same manner
10 as a borrower under such Act.
11 SEC. 709. (a) Except as otherwise specifically pro-
12 vided by law, not more than $20,000,000 in unobligated
13 balances from appropriations made available for salaries
14 and expenses in this Act for the Farm Service Agency
15 shall remain available through September 30, 2022, for
16 information technology expenses.
17 (b) Except as otherwise specifically provided by law,
18 not more than $20,000,000 in unobligated balances from
19 appropriations made available for salaries and expenses in
20 this Act for the Rural Development mission area shall re-
21 main available through September 30, 2022, for informa-
22 tion technology expenses.
23 SEC. 710. None of the funds appropriated or other-
24 wise made available by this Act may be used for first-class
25 travel by the employees of agencies funded by this Act in
December 21, 2020 (12:59 p.m.)

80
1 contravention of sections 301–10.122 through 301–10.124
2 of title 41, Code of Federal Regulations.
3 SEC. 711. In the case of each program established
4 or amended by the Agricultural Act of 2014 (Public Law
5 113–79) or by a successor to that Act, other than by title
6 I or subtitle A of title III of such Act, or programs for
7 which indefinite amounts were provided in that Act, that
8 is authorized or required to be carried out using funds
9 of the Commodity Credit Corporation—
10 (1) such funds shall be available for salaries
11 and related administrative expenses, including tech-
12 nical assistance, associated with the implementation
13 of the program, without regard to the limitation on
14 the total amount of allotments and fund transfers
15 contained in section 11 of the Commodity Credit
16 Corporation Charter Act (15 U.S.C. 714i); and
17 (2) the use of such funds for such purpose shall
18 not be considered to be a fund transfer or allotment
19 for purposes of applying the limitation on the total
20 amount of allotments and fund transfers contained
21 in such section.
22 SEC. 712. Of the funds made available by this Act,
23 not more than $2,900,000 shall be used to cover necessary
24 expenses of activities related to all advisory committees,
25 panels, commissions, and task forces of the Department
December 21, 2020 (12:59 p.m.)

81
1 of Agriculture, except for panels used to comply with nego-
2 tiated rule makings and panels used to evaluate competi-
3 tively awarded grants.
4 SEC. 713. (a) None of the funds made available in
5 this Act may be used to maintain or establish a computer
6 network unless such network blocks the viewing,
7 downloading, and exchanging of pornography.
8 (b) Nothing in subsection (a) shall limit the use of
9 funds necessary for any Federal, State, tribal, or local law
10 enforcement agency or any other entity carrying out crimi-
11 nal investigations, prosecution, or adjudication activities.
12 SEC. 714. Notwithstanding subsection (b) of section
13 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this
14 section referred to as ‘‘section 14222’’), none of the funds
15 appropriated or otherwise made available by this or any
16 other Act shall be used to pay the salaries and expenses
17 of personnel to carry out a program under section 32 of
18 the Act of August 24, 1935 (7 U.S.C. 612c; in this section
19 referred to as ‘‘section 32’’) in excess of $1,359,864,000
20 (exclusive of carryover appropriations from prior fiscal
21 years), as follows: Child Nutrition Programs Entitlement
22 Commodities— $485,000,000; State Option Contracts—
23 $5,000,000; Removal of Defective Commodities—
24 $2,500,000; Administration of Section 32 Commodity
25 Purchases— $36,746,000: Provided, That of the total
December 21, 2020 (12:59 p.m.)

82
1 funds made available in the matter preceding this proviso
2 that remain unobligated on October 1, 2021, such unobli-
3 gated balances shall carryover into fiscal year 2022 and
4 shall remain available until expended for any of the pur-
5 poses of section 32, except that any such carryover funds
6 used in accordance with clause (3) of section 32 may not
7 exceed $350,000,000 and may not be obligated until the
8 Secretary of Agriculture provides written notification of
9 the expenditures to the Committees on Appropriations of
10 both Houses of Congress at least two weeks in advance:
11 Provided further, That, with the exception of any available
12 carryover funds authorized in any prior appropriations Act
13 to be used for the purposes of clause (3) of section 32,
14 none of the funds appropriated or otherwise made avail-
15 able by this or any other Act shall be used to pay the
16 salaries or expenses of any employee of the Department
17 of Agriculture to carry out clause (3) of section 32.
18 SEC. 715. None of the funds appropriated by this or
19 any other Act shall be used to pay the salaries and ex-
20 penses of personnel who prepare or submit appropriations
21 language as part of the President’s budget submission to
22 the Congress for programs under the jurisdiction of the
23 Appropriations Subcommittees on Agriculture, Rural De-
24 velopment, Food and Drug Administration, and Related
25 Agencies that assumes revenues or reflects a reduction
December 21, 2020 (12:59 p.m.)

83
1 from the previous year due to user fees proposals that
2 have not been enacted into law prior to the submission
3 of the budget unless such budget submission identifies
4 which additional spending reductions should occur in the
5 event the user fees proposals are not enacted prior to the
6 date of the convening of a committee of conference for
7 the fiscal year 2022 appropriations Act.
8 SEC. 716. (a) None of the funds provided by this Act,
9 or provided by previous appropriations Acts to the agen-
10 cies funded by this Act that remain available for obligation
11 or expenditure in the current fiscal year, or provided from
12 any accounts in the Treasury derived by the collection of
13 fees available to the agencies funded by this Act, shall be
14 available for obligation or expenditure through a re-
15 programming, transfer of funds, or reimbursements as au-
16 thorized by the Economy Act, or in the case of the Depart-
17 ment of Agriculture, through use of the authority provided
18 by section 702(b) of the Department of Agriculture Or-
19 ganic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
20 Law 89–106 (7 U.S.C. 2263), that—
21 (1) creates new programs;
22 (2) eliminates a program, project, or activity;
23 (3) increases funds or personnel by any means
24 for any project or activity for which funds have been
25 denied or restricted;
December 21, 2020 (12:59 p.m.)

84
1 (4) relocates an office or employees;
2 (5) reorganizes offices, programs, or activities;
3 or
4 (6) contracts out or privatizes any functions or
5 activities presently performed by Federal employees;
6 unless the Secretary of Agriculture or the Sec-
7 retary of Health and Human Services (as the case
8 may be) notifies in writing and receives approval
9 from the Committees on Appropriations of both
10 Houses of Congress at least 30 days in advance of
11 the reprogramming of such funds or the use of such
12 authority.
13 (b) None of the funds provided by this Act, or pro-
14 vided by previous Appropriations Acts to the agencies
15 funded by this Act that remain available for obligation or
16 expenditure in the current fiscal year, or provided from
19 available for obligation or expenditure for activities, pro-
20 grams, or projects through a reprogramming or use of the
21 authorities referred to in subsection (a) involving funds
22 in excess of $500,000 or 10 percent, whichever is less,
23 that—
24 (1) augments existing programs, projects, or ac-
25 tivities;
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1 (2) reduces by 10 percent funding for any exist-
2 ing program, project, or activity, or numbers of per-
3 sonnel by 10 percent as approved by Congress; or
4 (3) results from any general savings from a re-
5 duction in personnel which would result in a change
6 in existing programs, activities, or projects as ap-
7 proved by Congress;
8 unless the Secretary of Agriculture or the Sec-
9 retary of Health and Human Services (as the case
10 may be) notifies in writing and receives approval
13 the reprogramming or transfer of such funds or the
14 use of such authority.
15 (c) The Secretary of Agriculture or the Secretary of
16 Health and Human Services shall notify in writing and
17 receive approval from the Committees on Appropriations
18 of both Houses of Congress before implementing any pro-
19 gram or activity not carried out during the previous fiscal
20 year unless the program or activity is funded by this Act
21 or specifically funded by any other Act.
22 (d) None of the funds provided by this Act, or pro-
23 vided by previous Appropriations Acts to the agencies
24 funded by this Act that remain available for obligation or
25 expenditure in the current fiscal year, or provided from
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86
3 available for—
4 (1) modifying major capital investments fund-
5 ing levels, including information technology systems,
6 that involves increasing or decreasing funds in the
7 current fiscal year for the individual investment in
8 excess of $500,000 or 10 percent of the total cost,
9 whichever is less;
10 (2) realigning or reorganizing new, current, or
11 vacant positions or agency activities or functions to
12 establish a center, office, branch, or similar entity
13 with five or more personnel; or
14 (3) carrying out activities or functions that
15 were not described in the budget request;
16 unless the agencies funded by this Act notify, in
17 writing, the Committees on Appropriations of both
19 using the funds for these purposes.
20 (e) As described in this section, no funds may be used
21 for any activities unless the Secretary of Agriculture or
22 the Secretary of Health and Human Services receives from
23 the Committee on Appropriations of both Houses of Con-
24 gress written or electronic mail confirmation of receipt of
25 the notification as required in this section.
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87
1 SEC. 717. Notwithstanding section 310B(g)(5) of the
2 Consolidated Farm and Rural Development Act (7 U.S.C.
3 1932(g)(5)), the Secretary may assess a one-time fee for
4 any guaranteed business and industry loan in an amount
5 that does not exceed 3 percent of the guaranteed principal
6 portion of the loan.
8 wise made available to the Department of Agriculture, the
9 Food and Drug Administration, or the Farm Credit Ad-
10 ministration shall be used to transmit or otherwise make
11 available reports, questions, or responses to questions that
12 are a result of information requested for the appropria-
13 tions hearing process to any non-Department of Agri-
14 culture, non-Department of Health and Human Services,
15 or non-Farm Credit Administration employee.
16 SEC. 719. Unless otherwise authorized by existing
17 law, none of the funds provided in this Act, may be used
18 by an executive branch agency to produce any pre-
19 packaged news story intended for broadcast or distribution
20 in the United States unless the story includes a clear noti-
21 fication within the text or audio of the prepackaged news
22 story that the prepackaged news story was prepared or
23 funded by that executive branch agency.
24 SEC. 720. No employee of the Department of Agri-
25 culture may be detailed or assigned from an agency or
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88
1 office funded by this Act or any other Act to any other
2 agency or office of the Department for more than 60 days
3 in a fiscal year unless the individual’s employing agency
4 or office is fully reimbursed by the receiving agency or
5 office for the salary and expenses of the employee for the
6 period of assignment.
7 SEC. 721. Not later than 30 days after the date of
8 enactment of this Act, the Secretary of Agriculture, the
9 Commissioner of the Food and Drug Administration, and
10 the Chairman of the Farm Credit Administration shall
11 submit to the Committees on Appropriations of both
12 Houses of Congress a detailed spending plan by program,
13 project, and activity for all the funds made available under
14 this Act including appropriated user fees, as defined in
16 matter preceding division A of this consolidated Act).
17 SEC. 722. Of the unobligated balances from amounts
18 made available for the supplemental nutrition program as
19 authorized by section 17 of the Child Nutrition Act of
20 1966 (42 U.S.C. 1786), $1,250,000,000 are hereby re-
21 scinded: Provided, That no amounts may be rescinded
22 from amounts that were designated by the Congress as
23 an emergency requirement pursuant to a Concurrent Res-
24 olution on the Budget or the Balanced Budget and Emer-
25 gency Deficit Control Act of 1985.
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89
1 SEC. 723. For the purposes of determining eligibility
2 or level of program assistance for Rural Development pro-
3 grams the Secretary shall not include incarcerated prison
4 populations.
5 SEC. 724. For loans and loan guarantees that do not
6 require budget authority and the program level has been
7 established in this Act, the Secretary of Agriculture may
8 increase the program level for such loans and loan guaran-
9 tees by not more than 25 percent: Provided, That prior
10 to the Secretary implementing such an increase, the Sec-
11 retary notifies, in writing, the Committees on Appropria-
12 tions of both Houses of Congress at least 15 days in ad-
13 vance.
14 SEC. 725. None of the credit card refunds or rebates
15 transferred to the Working Capital Fund pursuant to sec-
16 tion 729 of the Agriculture, Rural Development, Food and
17 Drug Administration, and Related Agencies Appropria-
18 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76)
19 shall be available for obligation without written notifica-
20 tion to, and the prior approval of, the Committees on Ap-
21 propriations of both Houses of Congress: Provided, That
22 the refunds or rebates so transferred shall be available for
23 obligation only for the acquisition of plant and capital
24 equipment necessary for the delivery of financial, adminis-
25 trative, and information technology services, including
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90
1 cloud adoption and migration, of primary benefit to the
2 agencies of the Department of Agriculture.
3 SEC. 726. None of the funds made available by this
4 Act may be used to implement, administer, or enforce the
5 ‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc-
6 ing Retailer Standards in the Supplemental Nutrition As-
7 sistance Program (SNAP)’’ published by the Department
8 of Agriculture in the Federal Register on December 15,
9 2016 (81 Fed. Reg. 90675) until the Secretary of Agri-
10 culture amends the definition of the term ‘‘variety’’ as de
11 fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Fed-
12 eral Regulations, and ‘‘variety’’ as applied in the definition
13 of the term ‘‘staple food’’ as defined in section 271.2 of
14 title 7, Code of Federal Regulations, to increase the num-
15 ber of items that qualify as acceptable varieties in each
16 staple food category so that the total number of such items
17 in each staple food category exceeds the number of such
18 items in each staple food category included in the final
19 rule as published on December 15, 2016: Provided, That
20 until the Secretary promulgates such regulatory amend-
21 ments, the Secretary shall apply the requirements regard-
22 ing acceptable varieties and breadth of stock to Supple-
23 mental Nutrition Assistance Program retailers that were
24 in effect on the day before the date of the enactment of
25 the Agricultural Act of 2014 (Public Law 113–79).
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91
1 SEC. 727. In carrying out subsection (h) of section
2 502 of the Housing Act of 1949 (42 U.S.C. 1472), the
3 Secretary of Agriculture shall have the same authority
4 with respect to loans guaranteed under such section and
5 eligible lenders for such loans as the Secretary has under
6 subsections (h) and (j) of section 538 of such Act (42
7 U.S.C. 1490p–2) with respect to loans guaranteed under
8 such section 538 and eligible lenders for such loans.
10 Act may be used to propose, promulgate, or implement
11 any rule, or take any other action with respect to, allowing
12 or requiring information intended for a prescribing health
13 care professional, in the case of a drug or biological prod-
14 uct subject to section 503(b)(1) of the Federal Food,
15 Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis-
16 tributed to such professional electronically (in lieu of in
17 paper form) unless and until a Federal law is enacted to
18 allow or require such distribution.
20 or any other Act may be used to carry out the final rule
21 promulgated by the Food and Drug Administration and
22 put into effect November 16, 2015, in regards to the haz-
23 ard analysis and risk-based preventive control require-
24 ments of the current good manufacturing practice, hazard
25 analysis, and risk-based preventive controls for food for
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92
1 animals rule with respect to the regulation of the produc-
2 tion, distribution, sale, or receipt of dried spent grain by-
3 products of the alcoholic beverage production process.
4 SEC. 730. There is hereby appropriated $11,000,000,
5 to remain available until expended, to carry out section
6 6407 of the Farm Security and Rural Investment Act of
7 2002 (7 U.S.C. 8107a): Provided, That the Secretary may
8 allow eligible entities, or comparable entities that provide
9 energy efficiency services using their own billing mecha-
10 nism to offer loans to customers in any part of their serv-
11 ice territory and to offer loans to replace a manufactured
12 housing unit with another manufactured housing unit, if
13 replacement would be more cost effective in saving energy.
14 SEC. 731. (a) The Secretary of Agriculture shall—
15 (1) conduct audits in a manner that evaluates
16 the following factors in the country or region being
17 audited, as applicable—
18 (A) veterinary control and oversight;
19 (B) disease history and vaccination prac-
20 tices;
21 (C) livestock demographics and
22 traceability;
23 (D) epidemiological separation from poten-
24 tial sources of infection;
25 (E) surveillance practices;
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93
1 (F) diagnostic laboratory capabilities; and
2 (G) emergency preparedness and response;
3 and
4 (2) promptly make publicly available the final
5 reports of any audits or reviews conducted pursuant
6 to subsection (1).
7 (b) This section shall be applied in a manner con-
8 sistent with United States obligations under its inter-
9 national trade agreements.
11 Act may be used to implement section 3.7(f) of the Farm
12 Credit Act of 1971 in a manner inconsistent with section
13 343(a)(13) of the Consolidated Farm and Rural Develop-
14 ment Act.
16 Act may be used to carry out any activities or incur any
17 expense related to the issuance of licenses under section
18 3 of the Animal Welfare Act (7 U.S.C. 2133), or the re-
19 newal of such licenses, to class B dealers who sell dogs
20 and cats for use in research, experiments, teaching, or
21 testing.
22 SEC. 734. (a)(1) No Federal funds made available for
23 this fiscal year for the rural water, waste water, waste dis-
24 posal, and solid waste management programs authorized
25 by sections 306, 306A, 306C, 306D, 306E, and 310B of
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94
1 the Consolidated Farm and Rural Development Act (7
2 U.S.C. 1926 et seq.) shall be used for a project for the
3 construction, alteration, maintenance, or repair of a public
4 water or wastewater system unless all of the iron and steel
5 products used in the project are produced in the United
6 States.
7 (2) In this section, the term ‘‘iron and steel
8 products’’ means the following products made pri-
9 marily of iron or steel: lined or unlined pipes and fit-
10 tings, manhole covers and other municipal castings,
11 hydrants, tanks, flanges, pipe clamps and restraints,
12 valves, structural steel, reinforced precast concrete,
13 and construction materials.
14 (b) Subsection (a) shall not apply in any case or cat-
15 egory of cases in which the Secretary of Agriculture (in
16 this section referred to as the ‘‘Secretary’’) or the designee
17 of the Secretary finds that—
18 (1) applying subsection (a) would be incon-
19 sistent with the public interest;
20 (2) iron and steel products are not produced in
21 the United States in sufficient and reasonably avail-
22 able quantities or of a satisfactory quality; or
23 (3) inclusion of iron and steel products pro-
24 duced in the United States will increase the cost of
25 the overall project by more than 25 percent.
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95
1 (c) If the Secretary or the designee receives a request
2 for a waiver under this section, the Secretary or the des-
3 ignee shall make available to the public on an informal
4 basis a copy of the request and information available to
5 the Secretary or the designee concerning the request, and
6 shall allow for informal public input on the request for
7 at least 15 days prior to making a finding based on the
8 request. The Secretary or the designee shall make the re-
9 quest and accompanying information available by elec-
10 tronic means, including on the official public Internet Web
11 site of the Department.
12 (d) This section shall be applied in a manner con-
13 sistent with United States obligations under international
14 agreements.
15 (e) The Secretary may retain up to 0.25 percent of
16 the funds appropriated in this Act for ‘‘Rural Utilities
17 Service—Rural Water and Waste Disposal Program Ac-
18 count’’ for carrying out the provisions described in sub-
19 section (a)(1) for management and oversight of the re-
20 quirements of this section.
21 (f) Subsection (a) shall not apply with respect to a
22 project for which the engineering plans and specifications
23 include use of iron and steel products otherwise prohibited
24 by such subsection if the plans and specifications have re-
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96
1 ceived required approvals from State agencies prior to the
2 date of enactment of this Act.
3 (g) For purposes of this section, the terms ‘‘United
4 States’’ and ‘‘State’’ shall include each of the several
5 States, the District of Columbia, and each Federally rec-
6 ognized Indian tribe.
7 SEC. 735. None of the funds appropriated by this Act
8 may be used in any way, directly or indirectly, to influence
9 congressional action on any legislation or appropriation
10 matters pending before Congress, other than to commu-
11 nicate to Members of Congress as described in 18 U.S.C.
12 1913.
13 SEC. 736. Of the total amounts made available by
14 this Act for direct loans and grants in section 730 and
15 in the following headings: ‘‘Rural Housing Service—Rural
16 Housing Insurance Fund Program Account’’; ‘‘Rural
17 Housing Service—Mutual and Self-Help Housing
18 Grants’’; ‘‘Rural Housing Service—Rural Housing Assist-
19 ance Grants’’; ‘‘Rural Housing Service—Rural Commu-
20 nity Facilities Program Account’’; ‘‘Rural Business-Coop-
21 erative Service—Rural Business Program Account’’;
22 ‘‘Rural Business-Cooperative Service—Rural Economic
23 Development Loans Program Account’’; ‘‘Rural Business-
24 Cooperative Service—Rural Cooperative Development
25 Grants’’; ‘‘Rural Utilities Service—Rural Water and
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97
1 Waste Disposal Program Account’’; ‘‘Rural Utilities Serv-
2 ice—Rural Electrification and Telecommunications Loans
3 Program Account’’; and ‘‘Rural Utilities Service—Dis-
4 tance Learning, Telemedicine, and Broadband Program’’,
5 to the maximum extent feasible, at least 10 percent of the
6 funds shall be allocated for assistance in persistent poverty
7 counties under this section, including, notwithstanding
8 any other provision regarding population limits, any coun-
9 ty seat of such a persistent poverty county that has a pop-
10 ulation that does not exceed the authorized population
11 limit by more than 10 percent: Provided, That for pur-
12 poses of this section, the term ‘‘persistent poverty coun-
13 ties’’ means any county that has had 20 percent or more
14 of its population living in poverty over the past 30 years,
15 as measured by the 1990 and 2000 decennial censuses,
16 and 2007–2011 American Community Survey 5-year aver-
17 age, or any territory or possession of the United States:
18 Provided further, That with respect to specific activities
19 for which program levels have been made available by this
20 Act that are not supported by budget authority, the re-
21 quirements of this section shall be applied to such program
22 level.
23 SEC. 737. In addition to any other funds made avail-
24 able in this Act or any other Act, there is appropriated
25 $12,000,000 to carry out section 18(g)(8) of the Richard
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98
1 B. Russell National School Lunch Act (42 U.S.C.
2 1769(g)), to remain available until expended: Provided,
3 That notwithstanding section 18(g)(3)(C) of the Richard
4 B. Russell National School Lunch Act (42 U.S.C. 1769
5 (g)(3)(c)), the total grant amount provided to a farm to
6 school grant recipient in fiscal year 2021 shall not exceed
7 $500,000.
9 to remain available until September 30, 2022, for the cost
10 of loans and grants that is consistent with section 4206
11 of the Agricultural Act of 2014, for necessary expenses
12 of the Secretary to support projects that provide access
13 to healthy food in underserved areas, to create and pre-
14 serve quality jobs, and to revitalize low-income commu-
15 nities.
16 SEC. 739. For an additional amount for ‘‘Animal and
17 Plant Health Inspection Service—Salaries and Expenses’’,
18 $8,500,000, to remain available until September 30, 2022,
19 for one-time control and management and associated ac-
20 tivities directly related to the multiple-agency response to
21 citrus greening.
23 Act may be used to notify a sponsor or otherwise acknowl-
24 edge receipt of a submission for an exemption for inves-
25 tigational use of a drug or biological product under section
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99
1 505(i) of the Federal Food, Drug, and Cosmetic Act (21
2 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
3 Service Act (42 U.S.C. 262(a)(3)) in research in which
4 a human embryo is intentionally created or modified to
5 include a heritable genetic modification. Any such submis-
6 sion shall be deemed to have not been received by the Sec-
7 retary, and the exemption may not go into effect.
9 or any other Act may be used to enforce the final rule
10 promulgated by the Food and Drug Administration enti-
11 tled ‘‘Standards for the Growing, Harvesting, Packing,
12 and Holding of Produce for Human Consumption,’’ and
13 published on November 27, 2015, with respect to the regu-
14 lation of entities that grow, harvest, pack, or hold wine
15 grapes, hops, pulse crops, or almonds.
17 to remain available until September 30, 2022, for a pilot
18 program for the National Institute of Food and Agri-
19 culture to provide grants to nonprofit organizations for
20 programs and services to establish and enhance farming
21 and ranching opportunities for military veterans.
22 SEC. 743. For school years 2020–2021 and 2021–
23 2022, none of the funds made available by this Act may
24 be used to implement or enforce the matter following the
25 first comma in the second sentence of footnote (c) of sec-
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100
1 tion 220.8(c) of title 7, Code of Federal Regulations, with
2 respect to the substitution of vegetables for fruits under
3 the school breakfast program established under section 4
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
6 Act or any other Act may be used—
7 (1) in contravention of section 7606 of the Ag-
8 ricultural Act of 2014 (7 U.S.C. 5940), subtitle G
9 of the Agricultural Marketing Act of 1946, or sec-
10 tion 10114 of the Agriculture Improvement Act of
11 2018; or
12 (2) to prohibit the transportation, processing,
13 sale, or use of hemp, or seeds of such plant, that is
14 grown or cultivated in accordance with subsection
15 section 7606 of the Agricultural Act of 2014 or Sub-
16 title G of the Agricultural Marketing Act of 1946,
17 within or outside the State in which the hemp is
18 grown or cultivated.
19 SEC. 745. Out of amounts appropriated to the Food
20 and Drug Administration under title VI, the Secretary of
21 Health and Human Services, acting through the Commis-
22 sioner of Food and Drugs, shall, not later than September
23 30, 2021, and following the review required under Execu-
24 tive Order No. 12866 (5 U.S.C. 601 note; relating to regu-
25 latory planning and review), issue advice revising the ad-
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101
1 vice provided in the notice of availability entitled ‘‘Advice
2 About Eating Fish, From the Environmental Protection
3 Agency and Food and Drug Administration; Revised Fish
4 Advice; Availability’’ (82 Fed. Reg. 6571 (January 19,
5 2017)), in a manner that is consistent with nutrition
6 science recognized by the Food and Drug Administration
7 on the net effects of seafood consumption.
9 to remain available until expended, for grants under sec-
10 tion 12502 of Public Law 115–334.
11 SEC. 747. There is hereby appropriated $2,000,000
12 to carry out section 1621 of Public Law 110–246.
14 to remain available until September 30, 2022, to carry out
15 section 4003(b) of Public Law 115–334 relating to dem-
16 onstration projects for Tribal Organizations.
17 SEC. 749. In addition to amounts otherwise made
18 available by this Act and notwithstanding the last sentence
19 of 16 U.S.C. 1310, there is appropriated $4,000,000, to
20 remain available until expended, to implement non-renew-
21 able agreements on eligible lands, including flooded agri-
22 cultural lands, as determined by the Secretary, under the
23 Water Bank Act (16 U.S.C. 1301–1311).
24 SEC. 750. The Secretary shall set aside for Rural
25 Economic Area Partnership (REAP) Zones, until August
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102
1 15, 2021, an amount of funds made available in title III
2 under the headings of Rural Housing Insurance Fund
3 Program Account, Mutual and Self-Help Housing Grants,
4 Rural Housing Assistance Grants, Rural Community Fa-
5 cilities Program Account, Rural Business Program Ac-
6 count, Rural Development Loan Fund Program Account,
7 and Rural Water and Waste Disposal Program Account,
8 equal to the amount obligated in REAP Zones with re-
9 spect to funds provided under such headings in the most
10 recent fiscal year any such funds were obligated under
11 such headings for REAP Zones.
14 SEC. 752. The Secretary of Agriculture may waive
15 the matching funds requirement under Section 412(g) of
16 the Agricultural Research, Extension, and Education Re-
17 form Act of 1998 (7 U.S.C. 7632(g)).
19 to remain available until expended, for a pilot program
20 for the Secretary to provide grants to qualified non-profit
21 organizations and public housing authorities to provide
22 technical assistance, including financial and legal services,
23 to RHS multi-family housing borrowers to facilitate the
24 acquisition of RHS multi-family housing properties in
25 areas where the Secretary determines a risk of loss of af-
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103
1 fordable housing, by non-profit housing organizations and
2 public housing authorities as authorized by law that com-
3 mit to keep such properties in the RHS multi-family hous-
4 ing program for a period of time as determined by the
5 Secretary.
7 to carry out section 222 of Subtitle A of the Department
8 of Agriculture Reorganization Act of 1994 (7 U.S.C.
9 6923) as amended by section 12302 of Public Law 115–
10 334.
17 to carry out section 1450 of the National Agricultural Re-
18 search, Extension, and Teaching Policy Act of 1977 (7
19 U.S.C. 3222e) as amended by section 7120 of Public Law
20 115–334.
22 to carry out section 1671 of the Food, Agriculture, Con-
23 servation, and Trade Act of 1990 (7 U.S.C. 5924) as
24 amended by section 7208 of Public Law 115–334.
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104
1 SEC. 759. In response to an eligible community where
2 the drinking water supplies are inadequate due to a nat-
3 ural disaster, as determined by the Secretary, including
4 drought or severe weather, the Secretary may provide po-
5 table water through the Emergency Community Water As-
6 sistance Grant Program for an additional period of time
7 not to exceed 120 days beyond the established period pro-
8 vided under the Program in order to protect public health.
12 SEC. 761. Funds made available under title II of the
13 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
14 used to provide assistance to recipient nations if adequate
15 monitoring and controls, as determined by the Adminis-
16 trator, are in place to ensure that emergency food aid is
17 received by the intended beneficiaries in areas affected by
18 food shortages and not diverted for unauthorized or inap-
19 propriate purposes.
21 law, ARS facilities as described in the ‘‘Memorandum of
22 Understanding Between the U.S. Department of Agri-
23 culture Animal and Plant Health Inspection Service
24 (APHIS) and the U.S. Department of Agriculture Agri-
25 cultural Research Service (ARS) Concerning Laboratory
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105
1 Animal Welfare’’ (16–6100–0103–MU Revision 16–1)
2 shall be inspected by APHIS for compliance with the Ani-
3 mal Welfare Act and its regulations and standards.
5 to remain available until expended, to carry out section
6 2103 of Public Law 115–334: Provided, That the Sec-
7 retary shall prioritize the wetland compliance needs of
8 areas with significant numbers of individual wetlands, wet-
9 land acres, and conservation compliance requests.
11 Act may be used to procure raw or processed poultry prod-
12 ucts imported into the United States from the People’s
13 Republic of China for use in the school lunch program
14 under the Richard B. Russell National School Lunch Act
15 (42 U.S.C. 1751 et seq.), the Child and Adult Care Food
16 Program under section 17 of such Act (42 U.S.C. 1766),
17 the Summer Food Service Program for Children under
18 section 13 of such Act (42 U.S.C. 1761), or the school
19 breakfast program under the Child Nutrition Act of 1966
20 (42 U.S.C. 1771 et seq.).
22 for an additional amount for ‘‘Department of Health and
23 Human Services—Food and Drug Administration—Sala-
24 ries and Expenses’’ to remain available until expended and
25 in addition to amounts otherwise made available for such
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106
1 purposes, for the development of research, education, and
2 outreach partnerships with academic institutions to study
3 and promote seafood safety.
5 to remain available until September 30, 2022, for the Na-
6 tional Institute of Food and Agriculture to issue a com-
7 petitive grant to support the establishment of an Agri-
8 culture Business Innovation Center at a historically black
9 college or university to serve as a technical assistance hub
10 to enhance agriculture-based business development oppor-
11 tunities.
12 SEC. 767. For school year 2021–2022, only a school
13 food authority that had a negative balance in the nonprofit
14 school food service account as of December 31, 2020, shall
15 be required to establish a price for paid lunches in accord-
16 ance with section 12(p) of the Richard B. Russell National
17 School Lunch Act (42 U.S.C. 1760(p)).
21 SEC. 769. In addition to any funds made available
22 in this Act or any other Act, there is hereby appropriated
24 2022, for grants from the National Institute of Food and
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107
1 Agriculture to the 1890 Institutions to support the Cen-
2 ters of Excellence.
4 to remain available until expended, for the Secretary of
5 Agriculture to carry out a pilot program that assists rural
6 hospitals to improve long-term operations and financial
7 health by providing technical assistance through analysis
8 of current hospital management practices.
10 available by this or any other Act, there is hereby appro-
11 priated $5,000,000, to remain available until expended, to
12 the Secretary for a pilot program to provide grants to a
13 regional consortium to fund technical assistance and con-
14 struction of regional wastewater systems for historically
15 impoverished communities that have had difficulty in in-
16 stalling traditional wastewater treatment systems due to
17 soil conditions.
18 SEC. 772. The Secretary of Agriculture shall—
19 (1) within 180 days of enactment of this Act
20 publish a notice of proposed rulemaking in the Fed-
21 eral Register seeking public comments on the effects
22 of lifting the stay issued on July 31, 2013 (78 Fed.
23 Reg. 46255) with consideration given to changes in
24 industry and the implementation of certain
25 rulemakings since the publication of the stay;
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108
1 (2) take public comments on the notice for not
2 more than 60 days; and
3 (3) not later than 180 days after the end of the
4 comment period, publish in the Federal Register the
5 date upon which the stay is lifted if such action is
6 justified based on the comments received.
9 section 23 of the Child Nutrition Act of 1966 (42 U.S.C.
10 1793), of which $2,000,000 shall be for grants under such
11 section to the Commonwealth of Puerto Rico, the Com-
12 monwealth of the Northern Mariana Islands, the United
13 States Virgin Islands, Guam, and American Samoa.
14 SEC. 774. Any funds made available by this or any
15 other Act that the Secretary withholds pursuant to section
16 1668(g)(2) of the Food, Agriculture, Conservation, and
17 Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended,
18 shall be available for grants for biotechnology risk assess-
19 ment research: Provided, That the Secretary may transfer
20 such funds among appropriations of the Department of
21 Agriculture for purposes of making such grants.
22 SEC. 775. (a) There is hereby appropriated
23 $531,000,000, to remain available until expended, for an
24 additional amount for section 779 of Public Law 115–141.
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109
1 (b) Section 313(b) of the Rural Electrification Act
2 of 1936, as amended (7 U.S.C. 940c(b)), shall be applied
3 for fiscal year 2021 and each fiscal year thereafter until
4 the specified funding has been expended as if the following
5 were inserted after the final period in subsection (b)(2):
6 ‘‘In addition, the Secretary shall use $425,000,000 of
7 funds available in this subaccount in fiscal year 2019 for
8 an additional amount for the same purpose and under the
9 same terms and conditions as funds appropriated by sec-
10 tion 779 of Public Law 115–141, shall use $255,000,000
11 of funds available in this subaccount in fiscal year 2020
12 for an additional amount for the same purpose and under
13 the same terms and conditions as funds appropriated by
14 section 779 of Public Law 115–141, and shall use
15 $104,000,000 of funds available in this subaccount in fis-
16 cal year 2021 for an additional amount for the same pur-
17 pose and under the same terms and conditions as funds
18 appropriated by section 779 of Public Law 115–141.’’:
19 Provided, That any use of such funds shall be treated as
20 a reprogramming of funds under section 716 of this Act.
21 (c) Section 787(b) of division B of Public Law 116–
22 94 shall no longer apply.
23 SEC. 776. There is hereby appropriated $500,000 to
24 carry out section 224 of Subtitle A of the Department of
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110
1 Agriculture Reorganization Act of 1994 (7 U.S.C. 6924)
2 as amended by section 12504 of Public Law 115–334.
3 SEC. 777. There is hereby appropriated $400,000 to
4 carry out section 1672(g)(4)(B) of the Food, Agriculture,
5 Conservation, and Trade Act of 1990 (7 U.S.C.
6 5925(g)(4(B)) as amended by section 7209 of Public Law
7 115–334.
9 law, the acceptable market name of any engineered animal
10 approved prior to the effective date of the National Bio-
11 engineered Food Disclosure Standard (February 19,
12 2019) shall include the words ‘‘genetically engineered’’
13 prior to the existing acceptable market name.
14 SEC. 779. For an additional amount for ‘‘National
15 Institute of Food and Agriculture—Research and Edu-
16 cation Activities’’, $500,000, to develop a public-private
17 cooperative framework based on open data standards for
18 neutral data repository solutions to preserve and share the
19 big data generated by technological advancements in the
20 agriculture industry and for the preservation and curation
21 of data in collaboration with land-grant universities.
23 law, no funds available to the Department of Agriculture
24 may be used to move any staff office or any agency from
25 the mission area in which it was located on August 1,
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111
1 2018, to any other mission area or office within the De-
2 partment in the absence of the enactment of specific legis-
3 lation affirming such move.
5 to remain available until expended, for the Secretary of
6 Agriculture to carry out a pilot program to provide finan-
7 cial assistance for rural communities to further develop
8 renewable energy.
9 SEC. 782. Section 7605(b) of the Agriculture Im-
10 provement Act of 2018 (7 U.S.C. 5940 note; Public Law
11 115–334) is amended by striking ‘‘September 30, 2021’’
12 and inserting ‘‘January 1, 2022’’.
13 SEC. 783. Section 9(i)(2) of the Food and Nutrition
14 Act of 2008 (7 U.S.C. 2018(i)(2)) is amended by striking
15 ‘‘December 31, 2020’’ and inserting ‘‘December 31,
16 2021’’.
17 SEC. 784. Section 779 of Public Law 115–141 is
18 amended by striking ‘‘expansion efforts made’’ and insert-
19 ing ‘‘service in a service area’’ in the fourth proviso, and
20 by inserting ‘‘, unless such service area is not provided
21 sufficient access to broadband at the minimum service
22 threshold’’ after ‘‘Rural Utilities Service’’ in the fourth
23 proviso.
24 SEC. 785. In addition to amounts otherwise provided,
25 there is hereby appropriated $1,000,000, to remain avail-
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112
1 able until expended, to carry out activities authorized
2 under subsections (a)(2) and (e)(2) of Section 21 of the
3 Richard B. Russell National School Lunch Act (42 U.S.C.
4 1769b–1(a)(2) and (e)(2)).
5 SEC. 786. The Secretary, acting through the Chief
6 of the Natural Resources Conservation Service, may use
7 funds appropriated under this Act for the Watershed and
8 Flood Prevention Operations Program and the Watershed
9 Rehabilitation Program carried out pursuant to the Wa-
10 tershed Protection and Flood Prevention Act (16 U.S.C.
11 1001 et seq.), and for the Emergency Watershed Protec-
12 tion Program carried out pursuant to section 403 of the
13 Agricultural Credit Act of 1978 (16 U.S.C. 2203) to pro-
14 vide technical services for such programs pursuant to sec-
15 tion 1252(a)(1) of the Food Security Act of 1985 (16
16 U.S.C. 3851(a)(1)), notwithstanding subsection (c) of
17 such section.
18 SEC. 787. (a) The Secretary of Health and Human
19 Services, acting through the Commissioner of Food and
20 Drugs (Commissioner), shall develop and, if it determines
21 feasible, implement a number of options for regulating the
22 export of shrimp to the United States from other coun-
23 tries, including the three largest exporting countries by
24 volume to the United States over the last three calendar
25 years, such as sampling of products prior to export to the
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113
1 United States, increasing foreign inspections of export fa-
2 cilities, increased seafood importer inspections, foreign
3 surveillance inspections at overseas manufacturing sites,
4 enhanced import screening, higher rates of examination
5 and sampling, use of third-party audits, and formal sea-
6 food arrangements with foreign competent authorities.
7 (b) The Commissioner shall especially give priority
8 consideration to the following with the funds appro-
9 priated—
10 (1) that appropriate controls are applied to
11 shrimp feed and production ponds, processing
12 plants, and facilities throughout the chain of dis-
13 tribution to determine compliance with seafood safe-
14 ty requirements;
15 (2) dedicate its inspectional effort to determine
16 compliance with seafood arrangements, once estab-
17 lished, from any dedicated funds;
18 (3) provide an annual report to the Committee
19 before the end of fiscal years 2021, 2022, and 2023
20 with the reporting requirement goal being to provide
21 the Committee information related to FDA’s over-
22 sight of the safety of shrimp products imported into
23 the United States.
25 to carry out the duties of the working group established
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114
1 under section 770 of the Agriculture, Rural Development,
2 Food and Drug Administration, and Related Agencies Ap-
3 propriations Act, 2019 (Public Law 116–6; 133 Stat. 89).
5 or any other act may be used to restrict the offering of
6 low-fat (1% fat) flavored milk in the National School
7 Lunch Program or School Breakfast Program, as long as
8 such milk is not inconsistent with the most recent Dietary
9 Guidelines for Americans published under section 301 of
10 the National Nutrition Monitoring and Related Research
11 Act of 1990.
12 SEC. 790. The Commissioner of the Food and Drug
13 Administration shall develop a plan within 180 days of en-
14 actment that would allow the Agency to identify, detain
15 and refuse all FDA regulated products originating from
16 foreign establishments that did not allow FDA investiga-
17 tors immediate physical access to the registered establish-
18 ment and its records to determine a registered establish-
19 ment’s ongoing compliance with FDA laws and regula-
20 tions. Any foreign establishment that meets these criteria
21 may be placed on import alert. This import alert would
22 be specific for this foreign establishment, focusing on de-
23 taining all products from this establishment.
24 SEC. 791. In administering the pilot program estab-
25 lished by section 779 of division A of the Consolidated Ap-
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115
1 propriations Act, 2018 (Public Law 115–141), the Sec-
2 retary of Agriculture may, for purposes of determining en-
3 tities eligible to receive assistance, consider those commu-
4 nities which are ‘‘Areas Rural in Character’’: Provided,
5 That not more than 10 percent of the funds made avail-
6 able by section 775 may be used for this purpose.
8 for the Goodfellow Federal facility, to remain available
9 until expended, of which $20,000,000 shall be transferred
10 to and merged with the appropriation for ‘‘Office of the
11 Chief Information Officer’’, $16,046,000 shall be trans-
12 ferred to and merged with the appropriation for ‘‘Food
13 Safety and Inspection Service’’, and of which $9,815,000
14 shall be transferred to and merged with the appropriation
15 for ‘‘Rural Development, Salaries and Expenses’’.
16 SEC. 793. Of the unobligated balances from prior
17 year appropriations made available under the heading
18 ‘‘Distance Learning, Telemedicine, and Broadband Pro-
19 gram’’ for the cost of broadband loans, as authorized by
20 section 601 of the Rural Electrification Act, $12,000,000
21 are hereby rescinded.
22 SEC. 794. Funds made available in the Consolidated
23 Appropriations Act, 2016 (Public Law 114–113) for the
24 ‘‘Rural Community Facilities Program Account’’ under
25 section 306 of the Consolidated Farm and Rural Develop-
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116
1 ment Act, 7 U.S.C. 1926, for the principal amount of di-
2 rect loans to eligible approved re-lenders are to remain
3 available through fiscal year 2026 for the liquidation of
4 valid obligations incurred in fiscal year 2016.
6 Act may be used to pay the salaries or expenses of per-
7 sonnel—
8 (1) to inspect horses under section 3 of the
9 Federal Meat Inspection Act (21 U.S.C. 603);
10 (2) to inspect horses under section 903 of the
11 Federal Agriculture Improvement and Reform Act of
12 1996 (7 U.S.C. 1901 note; Public Law 104–127); or
13 (3) to implement or enforce section 352.19 of
14 title 9, Code of Federal Regulations (or a successor
15 regulation).
16 SEC. 796. Not later than 1 year after the date of
17 enactment of this Act, the National Academy of Sciences,
18 Engineering, and Medicine shall complete a review and
19 provide a report to the Secretary of Agriculture, the Sec-
20 retary of Health and Human Services, and the Congress,
21 on the most recent edition of the dietary guidelines for
22 Americans that includes the following:
23 (1) A comparative analysis of the scientific
24 methodologies, review protocols, and evaluation proc-
25 esses used to develop the most recently issued guide-
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117
1 lines as compared to recommendations included in
2 the National Academy of Sciences, Engineering, and
3 Medicine September 2017 report entitled ‘‘Rede-
4 signing the Process for Establishing the Dietary
5 Guidelines for Americans’’.
6 (2) A comparative analysis of the scientific
7 studies used to develop such guidelines to determine
8 the dietary needs of Americans with diet-related
9 metabolic diseases as compared to the most current
10 and rigorous scientific studies on diet and diet-re-
11 lated metabolic diseases available.
12 (3) An analysis of how full implementation of
13 the recommendations described in paragraph (1)
14 would have affected the most recently issued guide-
15 lines.
16 SEC. 797. (a) There is hereby appropriated
17 $3,000,000, to remain available until expended, for a pilot
18 program for the Animal and Plant Health Inspection
19 Service to provide grants to State departments of agri-
20 culture and forestry commissions in states identified in the
21 final environmental assessment published in the Federal
22 Register on September 23, 2020 (85 Fed. Reg. 59735),
23 to combat and treat cogongrass through established
24 cogongrass control programs.
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118
1 (b) Any remaining unobligated balances of funds
2 made available for field crop and rangeland ecosystem
3 pests under the heading ‘‘Animal and Plant Health In-
4 spection Service—Salaries and Expenses’’, in the Consoli-
5 dated Appropriations Act, 2019 (Public Law 116–6) and
6 the Further Consolidated Appropriations Act, 2020 (Pub-
7 lic Law 116–94), and specifically provided as funds for
8 APHIS to partner with states in the control and eradi-
9 cation of the cogongrass weed in the conference report ac-
10 companying Public Law 116–6 and in the explanatory
11 statement described in section 4 in the matter preceding
12 division A of Public Law 116–94, are hereby permanently
13 rescinded, and an amount of additional new budget au-
14 thority equivalent to the amount rescinded is hereby ap-
15 propriated, to remain available until expended in addition
16 to other funds as may be available for such purposes, for
17 the same purposes and under the same conditions as the
18 funds made available under subsection (a) of this section.
19 (c) Not to exceed 2 percent of the funds provided
20 under this section shall be available for necessary costs
21 of grant administration.
24 cation Activities’’, $300,000, for the Under Secretary for
25 Research, Education, and Economics to convene a blue-
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119
1 ribbon panel for the purpose of evaluating the overall
2 structure of research and education through the public
3 and land-grant universities, including 1890 Institutions,
4 to define a new architecture that can better integrate, co-
5 ordinate, and assess economic impact of the collective
6 work of these institutions.
9 cation Activities’’, $4,000,000, to remain available until
10 September 30, 2022, for a competitive grant to an institu-
11 tion in the land-grant university system to establish a
12 Farm of the Future testbed and demonstration site.
13 SEC. 799A. There is hereby appropriated
14 $22,000,000, to remain available until expended, to carry
15 out section 12513 of Public Law 115–334: Provided, That
16 of the amounts made available, $20,000,000 shall be for
17 established dairy business innovation initiatives and the
18 Secretary shall take measures to ensure an equal distribu-
19 tion of funds between the three regional innovation initia-
20 tives.
21 SEC. 799B. None of the funds appropriated or other-
22 wise made available by this Act shall be available for the
23 United States Department of Agriculture to propose, fi-
24 nalize or implement any regulation that would promulgate
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120
1 new user fees pursuant to 31 U.S.C. 9701 after the date
2 of the enactment of this Act.
3 SEC. 799C. (a) Any remaining unobligated balances
4 of funds made available under the heading ‘‘Department
5 of Agriculture—Agricultural Programs—Processing, Re-
6 search and Marketing—Office of the Secretary’’ in sub-
7 sections (b) and (d) of section 791 of division B of the
8 Further Consolidated Appropriations Act, 2020 Public
9 Law 116–94 for block grants to eligible states and terri-
10 tories pursuant to the first proviso under the heading ‘‘De-
11 partment of Agriculture—Agricultural Programs—Proc-
12 essing, Research and Marketing—Office of the Secretary’’
13 in the Additional Supplemental Appropriations for Dis-
14 aster Relief Act of 2019 Public Law 116–20, as amended
15 by subsection (c) of section 791 of division B Public Law
16 116–94, may be made available for any of the other pur-
17 poses and under the same authorities and conditions for
18 those purposes as the funds made available under such
19 heading in such Act, and for the purposes specified and
20 under the same authorities and conditions as in the first,
21 second, third, and fourth provisos of subsection (b) of sec-
22 tion 791 of division B of Public Law 116–94: Provided,
23 That this section shall not be effective before the award
24 of the block grants that were announced prior to the date
25 of enactment of this Act: Provided further, That any block
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121
1 grant amounts that were announced prior to the date of
2 enactment of this Act and are subsequently awarded shall
3 not be returned to the Farm Service Agency until the date
4 specified in the grant agreement.
5 (b) Of the remaining unobligated balances of funds
6 made available under the heading ‘‘Department of Agri-
7 culture—Agricultural Programs—Processing, Research
8 and Marketing—Office of the Secretary’’ in the
9 Coronavirus Aid, Relief, and Economic Security Act (Pub-
10 lic Law 116–136), $1,000,000,000 shall be made available
11 for the same purposes and under the same authorities and
12 conditions as the funds made available under the heading
13 ‘‘Department of Agriculture—Agricultural Programs—
14 Processing, Research and Marketing—Office of the Sec-
15 retary’’ in the Additional Supplemental Appropriations for
16 Disaster Relief Act of 2019 (Public Law 116–20), as of
17 December 19, 2019, and for the purposes specified and
18 under the same authorities and conditions as in the first,
19 second, third, and fourth provisos of subsection (b) of sec-
20 tion 791 of division B of Public Law 116–94.
21 (c) The amounts repurposed pursuant to this section
22 that were previously designated by the Congress as an
23 emergency requirement pursuant to section
25 Deficit Control Act of 1985 are designated by the Con-
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122
1 gress as an emergency requirement pursuant to that sec-
2 tion of that Act.
3 SEC. 799D. For necessary expenses for salary and
4 related costs associated with Agriculture Quarantine and
5 Inspection Services activities pursuant to 21 U.S.C.
6 136a(6), and in addition to any other funds made avail-
7 able for this purpose, there is appropriated, out of any
8 money in the Treasury not otherwise appropriated,
10 2022, to offset the loss resulting from the coronavirus
11 pandemic of quarantine and inspection fees collected pur-
12 suant to sections 2508 and 2509 of the Food, Agriculture,
13 Conservation, and Trade Act of 1990 (21 U.S.C. 136,
14 136a): Provided, That amounts made available in this sec-
15 tion shall be treated as funds collected by fees authorized
16 under sections 2508 and 2509 of the Food, Agriculture,
17 Conservation, and Trade Act of 1990 (21 U.S.C. 136,
18 136a) for purposes of section 421(f) of the Homeland Se-
19 curity Act of 2002 (6 U.S.C. 231(f)): Provided further,
20 That such amount is designated by the Congress as being
21 for an emergency requirement pursuant to section
23 Deficit Control Act of 1985.
December 21, 2020 (12:59 p.m.)

123
1 This division may be cited as the ‘‘Agriculture, Rural
2 Development, Food and Drug Administration, and Re-
3 lated Agencies Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

124
1 DIVISION B—COMMERCE, JUSTICE,
2 SCIENCE, AND RELATED AGENCIES
4 TITLE I
5 DEPARTMENT OF COMMERCE
6 INTERNATIONAL TRADE ADMINISTRATION
7 OPERATIONS AND ADMINISTRATION
8 For necessary expenses for international trade activi-

9 ties of the Department of Commerce provided for by law,
10 to carry out activities associated with facilitating, attract-
11 ing, and retaining business investment in the United
12 States, and for engaging in trade promotional activities
13 abroad, including expenses of grants and cooperative
14 agreements for the purpose of promoting exports of
15 United States firms, without regard to sections 3702 and
16 3703 of title 44, United States Code; full medical coverage
17 for dependent members of immediate families of employees
18 stationed overseas and employees temporarily posted over-
19 seas; travel and transportation of employees of the Inter-
20 national Trade Administration between two points abroad,
21 without regard to section 40118 of title 49, United States
22 Code; employment of citizens of the United States and
23 aliens by contract for services; rental of space abroad for
24 periods not exceeding 10 years, and expenses of alteration,
25 repair, or improvement; purchase or construction of tem-
December 21, 2020 (12:59 p.m.)

125
1 porary demountable exhibition structures for use abroad;
2 payment of tort claims, in the manner authorized in the
3 first paragraph of section 2672 of title 28, United States
4 Code, when such claims arise in foreign countries; not to
5 exceed $294,300 for official representation expenses
6 abroad; purchase of passenger motor vehicles for official
7 use abroad, not to exceed $45,000 per vehicle; obtaining
8 insurance on official motor vehicles; and rental of tie lines,
9 $541,000,000, of which $70,000,000 shall remain avail-
10 able until September 30, 2022: Provided, That
11 $11,000,000 is to be derived from fees to be retained and
12 used by the International Trade Administration, notwith-
13 standing section 3302 of title 31, United States Code: Pro-
14 vided further, That, of amounts provided under this head-
15 ing, not less than $16,400,000 shall be for China anti-
16 dumping and countervailing duty enforcement and compli-
17 ance activities: Provided further, That the provisions of the
18 first sentence of section 105(f) and all of section 108(c)
19 of the Mutual Educational and Cultural Exchange Act of
20 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in car-
21 rying out these activities; and that for the purpose of this
22 Act, contributions under the provisions of the Mutual
23 Educational and Cultural Exchange Act of 1961 shall in-
24 clude payment for assessments for services provided as
25 part of these activities.
December 21, 2020 (12:59 p.m.)

126
1 BUREAU OF INDUSTRY AND SECURITY
2 OPERATIONS AND ADMINISTRATION
3 For necessary expenses for export administration and

4 national security activities of the Department of Com-
5 merce, including costs associated with the performance of
6 export administration field activities both domestically and
7 abroad; full medical coverage for dependent members of
8 immediate families of employees stationed overseas; em-
9 ployment of citizens of the United States and aliens by
10 contract for services abroad; payment of tort claims, in
11 the manner authorized in the first paragraph of section
12 2672 of title 28, United States Code, when such claims
13 arise in foreign countries; not to exceed $13,500 for offi-
14 cial representation expenses abroad; awards of compensa-
15 tion to informers under the Export Control Reform Act
16 of 2018 (subtitle B of title XVII of the John S. McCain
17 National Defense Authorization Act for Fiscal Year 2019;
18 Public Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et
19 seq.), and as authorized by section 1(b) of the Act of June
20 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase
21 of passenger motor vehicles for official use and motor vehi-
22 cles for law enforcement use with special requirement vehi-
23 cles eligible for purchase without regard to any price limi-
24 tation otherwise established by law, $133,000,000, to re-
25 main available until expended: Provided, That the provi-
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127
1 sions of the first sentence of section 105(f) and all of sec-
2 tion 108(c) of the Mutual Educational and Cultural Ex-
3 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
4 apply in carrying out these activities: Provided further,
5 That payments and contributions collected and accepted
6 for materials or services provided as part of such activities
7 may be retained for use in covering the cost of such activi-
8 ties, and for providing information to the public with re-
9 spect to the export administration and national security
10 activities of the Department of Commerce and other ex-
11 port control programs of the United States and other gov-
12 ernments.
13 ECONOMIC DEVELOPMENT ADMINISTRATION
14 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
15 For grants for economic development assistance as

16 provided by the Public Works and Economic Development
17 Act of 1965, for trade adjustment assistance, and for
18 grants authorized by sections 27 and 28 of the Stevenson-
19 Wydler Technology Innovation Act of 1980 (15 U.S.C.
20 3722 and 3723), as amended, $305,500,000 to remain
21 available until expended, of which $38,000,000 shall be
22 for grants under such section 27 and $2,000,000 shall be
23 for grants under such section 28: Provided, That any devi-
24 ation from the amounts designated for specific activities
25 in the explanatory statement described in section 4 (in the
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128
1 matter preceding division A of this consolidated Act), or
2 any use of deobligated balances of funds provided under
3 this heading in previous years, shall be subject to the pro-
4 cedures set forth in section 505 of this Act.
6 For necessary expenses of administering the eco-

7 nomic development assistance programs as provided for by
8 law, $40,500,000: Provided, That funds provided under
9 this heading may be used to monitor projects approved
10 pursuant to title I of the Public Works Employment Act
11 of 1976; title II of the Trade Act of 1974; sections 27
12 and 28 of the Stevenson-Wydler Technology Innovation
13 Act of 1980 (15 U.S.C. 3722 and 3723), as amended; and
14 the Community Emergency Drought Relief Act of 1977.
15 MINORITY BUSINESS DEVELOPMENT AGENCY
16 MINORITY BUSINESS DEVELOPMENT
17 For necessary expenses of the Department of Com-

18 merce in fostering, promoting, and developing minority
19 business enterprises, including expenses of grants, con-
20 tracts, and other agreements with public or private organi-
21 zations, $48,000,000, of which not more than
22 $16,000,000 shall be available for overhead expenses, in-
23 cluding salaries and expenses, rent, utilities, and informa-
24 tion technology services.
December 21, 2020 (12:59 p.m.)

129
1 ECONOMIC AND STATISTICAL ANALYSIS
3 For necessary expenses, as authorized by law, of eco-

4 nomic and statistical analysis programs of the Department
5 of Commerce, $111,855,000, to remain available until
6 September 30, 2022.
7 BUREAU OF THE CENSUS
8 CURRENT SURVEYS AND PROGRAMS
9 For necessary expenses for collecting, compiling, ana-

10 lyzing, preparing, and publishing statistics, provided for
11 by law, $288,403,000: Provided, That, from amounts pro-
12 vided herein, funds may be used for promotion, outreach,
13 and marketing activities.
14 PERIODIC CENSUSES AND PROGRAMS
16 For necessary expenses for collecting, compiling, ana-

17 lyzing, preparing, and publishing statistics for periodic
18 censuses and programs provided for by law, $818,241,000,
19 to remain available until September 30, 2022: Provided,
20 That, from amounts provided herein, funds may be used
21 for promotion, outreach, and marketing activities: Pro-
22 vided further, That within the amounts appropriated,
23 $3,556,000 shall be transferred to the ‘‘Office of Inspector
24 General’’ account for activities associated with carrying
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130
1 out investigations and audits related to the Bureau of the
2 Census.
3 NATIONAL TELECOMMUNICATIONS AND INFORMATION
4 ADMINISTRATION
6 For necessary expenses, as provided for by law, of

7 the National Telecommunications and Information Ad-
8 ministration (NTIA), $45,500,000, to remain available
9 until September 30, 2022: Provided, That, notwith-
10 standing 31 U.S.C. 1535(d), the Secretary of Commerce
11 shall charge Federal agencies for costs incurred in spec-
12 trum management, analysis, operations, and related serv-
13 ices, and such fees shall be retained and used as offsetting
14 collections for costs of such spectrum services, to remain
15 available until expended: Provided further, That the Sec-
16 retary of Commerce is authorized to retain and use as off-
17 setting collections all funds transferred, or previously
18 transferred, from other Government agencies for all costs
19 incurred in telecommunications research, engineering, and
20 related activities by the Institute for Telecommunication
21 Sciences of NTIA, in furtherance of its assigned functions
22 under this paragraph, and such funds received from other
23 Government agencies shall remain available until ex-
24 pended.
December 21, 2020 (12:59 p.m.)

131
1 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING
2 AND CONSTRUCTION
3 For the administration of prior-year grants, recov-

4 eries and unobligated balances of funds previously appro-
5 priated are available for the administration of all open
6 grants until their expiration.
7 UNITED STATES PATENT AND TRADEMARK OFFICE
10 For necessary expenses of the United States Patent

11 and Trademark Office (USPTO) provided for by law, in-
12 cluding defense of suits instituted against the Under Sec-
13 retary of Commerce for Intellectual Property and Director
14 of the USPTO, $3,695,295,000, to remain available until
15 expended: Provided, That the sum herein appropriated
16 from the general fund shall be reduced as offsetting collec-
17 tions of fees and surcharges assessed and collected by the
18 USPTO under any law are received during fiscal year
19 2021, so as to result in a fiscal year 2021 appropriation
20 from the general fund estimated at $0: Provided further,
21 That during fiscal year 2021, should the total amount of
22 such offsetting collections be less than $3,695,295,000,
23 this amount shall be reduced accordingly: Provided fur-
24 ther, That any amount received in excess of
25 $3,695,295,000 in fiscal year 2021 and deposited in the
December 21, 2020 (12:59 p.m.)

132
1 Patent and Trademark Fee Reserve Fund shall remain
2 available until expended: Provided further, That the Direc-
3 tor of USPTO shall submit a spending plan to the Com-
4 mittees on Appropriations of the House of Representatives
5 and the Senate for any amounts made available by the
6 preceding proviso and such spending plan shall be treated
7 as a reprogramming under section 505 of this Act and
8 shall not be available for obligation or expenditure except
9 in compliance with the procedures set forth in that section:
10 Provided further, That any amounts reprogrammed in ac-
11 cordance with the preceding proviso shall be transferred
12 to the United States Patent and Trademark Office ‘‘Sala-
13 ries and Expenses’’ account: Provided further, That the
14 budget of the President submitted for fiscal year 2022
15 under section 1105 of title 31, United States Code, shall
16 include within amounts provided under this heading for
17 necessary expenses of the USPTO any increases that are
18 expected to result from an increase promulgated through
19 rule or regulation in offsetting collections of fees and sur-
20 charges assessed and collected by the USPTO under any
21 law in either fiscal year 2021 or fiscal year 2022: Provided
22 further, That from amounts provided herein, not to exceed
23 $13,500 shall be made available in fiscal year 2021 for
24 official reception and representation expenses: Provided
25 further, That in fiscal year 2021 from the amounts made
December 21, 2020 (12:59 p.m.)

133
1 available for ‘‘Salaries and Expenses’’ for the USPTO, the
2 amounts necessary to pay (1) the difference between the
3 percentage of basic pay contributed by the USPTO and
4 employees under section 8334(a) of title 5, United States
5 Code, and the normal cost percentage (as defined by sec-
6 tion 8331(17) of that title) as provided by the Office of
7 Personnel Management (OPM) for USPTO’s specific use,
8 of basic pay, of employees subject to subchapter III of
9 chapter 83 of that title, and (2) the present value of the
10 otherwise unfunded accruing costs, as determined by OPM
11 for USPTO’s specific use of post-retirement life insurance
12 and post-retirement health benefits coverage for all
13 USPTO employees who are enrolled in Federal Employees
14 Health Benefits (FEHB) and Federal Employees Group
15 Life Insurance (FEGLI), shall be transferred to the Civil
16 Service Retirement and Disability Fund, the FEGLI
17 Fund, and the Employees FEHB Fund, as appropriate,
18 and shall be available for the authorized purposes of those
19 accounts: Provided further, That any differences between
20 the present value factors published in OPM’s yearly 300
21 series benefit letters and the factors that OPM provides
22 for USPTO’s specific use shall be recognized as an im-
23 puted cost on USPTO’s financial statements, where appli-
24 cable: Provided further, That, notwithstanding any other
25 provision of law, all fees and surcharges assessed and col-
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134
1 lected by USPTO are available for USPTO only pursuant
2 to section 42(c) of title 35, United States Code, as amend-
3 ed by section 22 of the Leahy-Smith America Invents Act
4 (Public Law 112–29): Provided further, That within the
5 amounts appropriated, $2,000,000 shall be transferred to
6 the ‘‘Office of Inspector General’’ account for activities as-
7 sociated with carrying out investigations and audits re-
8 lated to the USPTO.
9 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
10 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
12 For necessary expenses of the National Institute of

13 Standards and Technology (NIST), $788,000,000, to re-
14 main available until expended, of which not to exceed
15 $9,000,000 may be transferred to the ‘‘Working Capital
16 Fund’’: Provided, That not to exceed $5,000 shall be for
18 further, That NIST may provide local transportation for
19 summer undergraduate research fellowship program par-
20 ticipants.
21 INDUSTRIAL TECHNOLOGY SERVICES
22 For necessary expenses for industrial technology

23 services, $166,500,000, to remain available until ex-
24 pended, of which $150,000,000 shall be for the Hollings
25 Manufacturing Extension Partnership, and of which
December 21, 2020 (12:59 p.m.)

135
1 $16,500,000 shall be for the Manufacturing USA Pro-
2 gram (formerly known as the National Network for Manu-
3 facturing Innovation).
4 CONSTRUCTION OF RESEARCH FACILITIES
5 For construction of new research facilities, including

6 architectural and engineering design, and for renovation
7 and maintenance of existing facilities, not otherwise pro-
8 vided for the National Institute of Standards and Tech-
9 nology, as authorized by sections 13 through 15 of the
10 National Institute of Standards and Technology Act (15
11 U.S.C. 278c–278e), $80,000,000, to remain available until
12 expended: Provided, That the Secretary of Commerce shall
13 include in the budget justification materials for fiscal year
14 2022 that the Secretary submits to Congress in support
15 of the Department of Commerce budget (as submitted
16 with the budget of the President under section 1105(a)
17 of title 31, United States Code) an estimate for each Na-
18 tional Institute of Standards and Technology construction
19 project having a total multi-year program cost of more
20 than $5,000,000, and simultaneously the budget justifica-
21 tion materials shall include an estimate of the budgetary
22 requirements for each such project for each of the 5 subse-
23 quent fiscal years.
December 21, 2020 (12:59 p.m.)

136
1 NATIONAL OCEANIC AND ATMOSPHERIC
2 ADMINISTRATION
3 OPERATIONS, RESEARCH, AND FACILITIES
5 For necessary expenses of activities authorized by law

6 for the National Oceanic and Atmospheric Administration,
7 including maintenance, operation, and hire of aircraft and
8 vessels; pilot programs for State-led fisheries manage-
9 ment, notwithstanding any other provision of law; grants,
10 contracts, or other payments to nonprofit organizations
11 for the purposes of conducting activities pursuant to coop-
12 erative agreements; and relocation of facilities,
13 $3,840,300,000, to remain available until September 30,
14 2022: Provided, That fees and donations received by the
15 National Ocean Service for the management of national
16 marine sanctuaries may be retained and used for the sala-
17 ries and expenses associated with those activities, notwith-
18 standing section 3302 of title 31, United States Code: Pro-
19 vided further, That in addition, $246,171,000 shall be de-
20 rived by transfer from the fund entitled ‘‘Promote and De-
21 velop Fishery Products and Research Pertaining to Amer-
22 ican Fisheries’’, which shall only be used for fishery activi-
23 ties related to the Saltonstall-Kennedy Grant Program;
24 Fisheries Data Collections, Surveys, and Assessments;
25 Fisheries Management Programs and Services; and Inter-
December 21, 2020 (12:59 p.m.)

137
1 jurisdictional Fisheries Grants: Provided further, That not
2 to exceed $66,389,000 shall be for payment to the ‘‘De-
3 partment of Commerce Working Capital Fund’’: Provided
4 further, That of the $4,103,971,000 provided for in direct
5 obligations under this heading, $3,840,300,000 is appro-
6 priated from the general fund, $246,171,000 is provided
7 by transfer, and $17,500,000 is derived from recoveries
8 of prior year obligations: Provided further, That any devi-
9 ation from the amounts designated for specific activities
10 in the explanatory statement described in section 4 (in the
12 any use of deobligated balances of funds provided under
13 this heading in previous years, shall be subject to the pro-
14 cedures set forth in section 505 of this Act: Provided fur-
15 ther, That in addition, for necessary retired pay expenses
16 under the Retired Serviceman’s Family Protection and
17 Survivor Benefits Plan, and for payments for the medical
18 care of retired personnel and their dependents under the
19 Dependents’ Medical Care Act (10 U.S.C. ch. 55), such
20 sums as may be necessary.
21 PROCUREMENT, ACQUISITION AND CONSTRUCTION
23 For procurement, acquisition and construction of

24 capital assets, including alteration and modification costs,
25 of the National Oceanic and Atmospheric Administration,
December 21, 2020 (12:59 p.m.)

138
2 2023, except that funds provided for acquisition and con-
3 struction of vessels and aircraft, and construction of facili-
4 ties shall remain available until expended: Provided, That
5 of the $1,545,558,000 provided for in direct obligations
6 under this heading, $1,532,558,000 is appropriated from
7 the general fund and $13,000,000 is provided from recov-
8 eries of prior year obligations: Provided further, That any
9 deviation from the amounts designated for specific activi-
10 ties in the explanatory statement described in section 4
11 (in the matter preceding division A of this consolidated
12 Act), or any use of deobligated balances of funds provided
13 under this heading in previous years, shall be subject to
14 the procedures set forth in section 505 of this Act: Pro-
15 vided further, That the Secretary of Commerce shall in-
16 clude in budget justification materials for fiscal year 2022
17 that the Secretary submits to Congress in support of the
18 Department of Commerce budget (as submitted with the
19 budget of the President under section 1105(a) of title 31,
20 United States Code) an estimate for each National Oce-
21 anic and Atmospheric Administration procurement, acqui-
22 sition or construction project having a total of more than
23 $5,000,000 and simultaneously the budget justification
24 shall include an estimate of the budgetary requirements
25 for each such project for each of the 5 subsequent fiscal
December 21, 2020 (12:59 p.m.)

139
1 years: Provided further, That, within the amounts appro-
2 priated, $2,000,000 shall be transferred to the ‘‘Office of
3 Inspector General’’ account for activities associated with
4 carrying out investigations and audits related to satellite
5 procurement, acquisition and construction.
6 PACIFIC COASTAL SALMON RECOVERY
7 For necessary expenses associated with the restora-

8 tion of Pacific salmon populations, $65,000,000, to re-
9 main available until September 30, 2022: Provided, That,
10 of the funds provided herein, the Secretary of Commerce
11 may issue grants to the States of Washington, Oregon,
12 Idaho, Nevada, California, and Alaska, and to the feder-
13 ally recognized Tribes of the Columbia River and Pacific
14 Coast (including Alaska), for projects necessary for con-
15 servation of salmon and steelhead populations that are
16 listed as threatened or endangered, or that are identified
17 by a State as at-risk to be so listed, for maintaining popu-
18 lations necessary for exercise of Tribal treaty fishing
19 rights or native subsistence fishing, or for conservation of
20 Pacific coastal salmon and steelhead habitat, based on
21 guidelines to be developed by the Secretary of Commerce:
22 Provided further, That all funds shall be allocated based
23 on scientific and other merit principles and shall not be
24 available for marketing activities: Provided further, That
25 funds disbursed to States shall be subject to a matching
December 21, 2020 (12:59 p.m.)

140
1 requirement of funds or documented in-kind contributions
2 of at least 33 percent of the Federal funds.
3 FISHERMEN’S CONTINGENCY FUND
4 For carrying out the provisions of title IV of Public

5 Law 95–372, not to exceed $349,000, to be derived from
6 receipts collected pursuant to that Act, to remain available
7 until expended.
8 FISHERIES FINANCE PROGRAM ACCOUNT
9 Subject to section 502 of the Congressional Budget

10 Act of 1974, during fiscal year 2021, obligations of direct
11 loans may not exceed $24,000,000 for Individual Fishing
12 Quota loans and not to exceed $100,000,000 for tradi-
13 tional direct loans as authorized by the Merchant Marine
14 Act of 1936.
15 DEPARTMENTAL MANAGEMENT
17 For necessary expenses for the management of the

18 Department of Commerce provided for by law, including
19 not to exceed $4,500 for official reception and representa-
20 tion, $73,000,000: Provided, That no employee of the De-
21 partment of Commerce may be detailed or assigned from
22 a bureau or office funded by this Act or any other Act
23 to offices within the Office of the Secretary of the Depart-
24 ment of Commerce for more than 90 days in a fiscal year
25 unless the individual’s employing bureau or office is fully
December 21, 2020 (12:59 p.m.)

141
1 reimbursed for the salary and expenses of the employee
2 for the entire period of assignment using funds provided
3 under this heading. Provided further, That amounts made
4 available to the Department of Commerce in this or any
5 prior Act may not be transferred pursuant to section 508
6 of this or any prior Act to the account funded under this
7 heading, except in the case of extraordinary circumstances
8 that threaten life or property.
9 RENOVATION AND MODERNIZATION
10 For necessary expenses for the renovation and mod-

11 ernization of the Herbert C. Hoover Building, $1,123,000.
12 NONRECURRING EXPENSES FUND
13 For necessary expenses for a business application

14 system modernization, $20,000,000, to remain available
15 until September 30, 2023: Provided, That any unobligated
16 balances of expired discretionary funds transferred to the
17 Department of Commerce Nonrecurring Expenses Fund,
18 as authorized by section 111 of title I of division B of
19 Public Law 116ƒ93, may be obligated only after the Com-
21 and the Senate are notified at least 15 days in advance
22 of the planned use of funds.

25 General in carrying out the provisions of the Inspector
December 21, 2020 (12:59 p.m.)

142
1 General Act of 1978 (5 U.S.C. App.), $34,000,000: Pro-
2 vided, That notwithstanding section 6413 of the Middle
3 Class Tax Relief and Job Creation Act of 2012 (Public
4 Law 112–96), an additional $2,000,000, to remain avail-
5 able until expended, shall be derived from the Public Safe-
6 ty Trust Fund for activities associated with carrying out
7 investigations and audits related to the First Responder
8 Network Authority (FirstNet).
9 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
11 SEC. 101. During the current fiscal year, applicable

12 appropriations and funds made available to the Depart-
13 ment of Commerce by this Act shall be available for the
14 activities specified in the Act of October 26, 1949 (15
15 U.S.C. 1514), to the extent and in the manner prescribed
16 by the Act, and, notwithstanding 31 U.S.C. 3324, may
17 be used for advanced payments not otherwise authorized
18 only upon the certification of officials designated by the
19 Secretary of Commerce that such payments are in the
20 public interest.
21 SEC. 102. During the current fiscal year, appropria-
22 tions made available to the Department of Commerce by
23 this Act for salaries and expenses shall be available for
24 hire of passenger motor vehicles as authorized by 31
25 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.
December 21, 2020 (12:59 p.m.)

143
1 3109; and uniforms or allowances therefor, as authorized
2 by law (5 U.S.C. 5901–5902).
3 SEC. 103. Not to exceed 5 percent of any appropria-
4 tion made available for the current fiscal year for the De-
5 partment of Commerce in this Act may be transferred be-
6 tween such appropriations, but no such appropriation shall
7 be increased by more than 10 percent by any such trans-
8 fers: Provided, That any transfer pursuant to this section
9 shall be treated as a reprogramming of funds under sec-
10 tion 505 of this Act and shall not be available for obliga-
11 tion or expenditure except in compliance with the proce-
12 dures set forth in that section: Provided further, That the
13 Secretary of Commerce shall notify the Committees on Ap-
14 propriations at least 15 days in advance of the acquisition
15 or disposal of any capital asset (including land, structures,
16 and equipment) not specifically provided for in this Act
17 or any other law appropriating funds for the Department
18 of Commerce.
19 SEC. 104. The requirements set forth by section 105
20 of the Commerce, Justice, Science, and Related Agencies
21 Appropriations Act, 2012 (Public Law 112–55), as
22 amended by section 105 of title I of division B of Public
23 Law 113–6, are hereby adopted by reference and made
24 applicable with respect to fiscal year 2021: Provided, That
25 the life cycle cost for the Joint Polar Satellite System is
December 21, 2020 (12:59 p.m.)

144
1 $11,322,125,000, the life cycle cost of the Polar Follow
2 On Program is $6,837,900,000, the life cycle cost for the
3 Geostationary Operational Environmental Satellite R-Se-
4 ries Program is $11,700,100,000, and the life cycle cost
5 for the Space Weather Follow On Program is
6 $692,800,000.
8 law, the Secretary of Commerce may furnish services (in-
9 cluding but not limited to utilities, telecommunications,
10 and security services) necessary to support the operation,
11 maintenance, and improvement of space that persons,
12 firms, or organizations are authorized, pursuant to the
13 Public Buildings Cooperative Use Act of 1976 or other
14 authority, to use or occupy in the Herbert C. Hoover
15 Building, Washington, DC, or other buildings, the mainte-
16 nance, operation, and protection of which has been dele-
17 gated to the Secretary from the Administrator of General
18 Services pursuant to the Federal Property and Adminis-
19 trative Services Act of 1949 on a reimbursable or non-
20 reimbursable basis. Amounts received as reimbursement
21 for services provided under this section or the authority
22 under which the use or occupancy of the space is author-
23 ized, up to $200,000, shall be credited to the appropria-
24 tion or fund which initially bears the costs of such services.
December 21, 2020 (12:59 p.m.)

145
1 SEC. 106. Nothing in this title shall be construed to
2 prevent a grant recipient from deterring child pornog-
3 raphy, copyright infringement, or any other unlawful ac-
4 tivity over its networks.
5 SEC. 107. The Administrator of the National Oceanic
6 and Atmospheric Administration is authorized to use, with
7 their consent, with reimbursement and subject to the lim-
8 its of available appropriations, the land, services, equip-
9 ment, personnel, and facilities of any department, agency,
10 or instrumentality of the United States, or of any State,
11 local government, Indian Tribal government, Territory, or
12 possession, or of any political subdivision thereof, or of
13 any foreign government or international organization, for
14 purposes related to carrying out the responsibilities of any
15 statute administered by the National Oceanic and Atmos-
16 pheric Administration.
17 SEC. 108. The National Technical Information Serv-
18 ice shall not charge any customer for a copy of any report
19 or document generated by the Legislative Branch unless
20 the Service has provided information to the customer on
21 how an electronic copy of such report or document may
22 be accessed and downloaded for free online. Should a cus-
23 tomer still require the Service to provide a printed or dig-
24 ital copy of the report or document, the charge shall be
December 21, 2020 (12:59 p.m.)

146
1 limited to recovering the Service’s cost of processing, re-
2 producing, and delivering such report or document.
3 SEC. 109. To carry out the responsibilities of the Na-
4 tional Oceanic and Atmospheric Administration (NOAA),
5 the Administrator of NOAA is authorized to: (1) enter
6 into grants and cooperative agreements with; (2) use on
7 a non-reimbursable basis land, services, equipment, per-
8 sonnel, and facilities provided by; and (3) receive and ex-
9 pend funds made available on a consensual basis from: a
10 Federal agency, State or subdivision thereof, local govern-
11 ment, Tribal government, Territory, or possession or any
12 subdivisions thereof: Provided, That funds received for
13 permitting and related regulatory activities pursuant to
14 this section shall be deposited under the heading ‘‘Na-
15 tional Oceanic and Atmospheric Administration—Oper-
16 ations, Research, and Facilities’’ and shall remain avail-
17 able until September 30, 2022, for such purposes: Pro-
18 vided further, That all funds within this section and their
19 corresponding uses are subject to section 505 of this Act.
20 SEC. 110. Amounts provided by this Act or by any
21 prior appropriations Act that remain available for obliga-
22 tion, for necessary expenses of the programs of the Eco-
23 nomics and Statistics Administration of the Department
24 of Commerce, including amounts provided for programs
25 of the Bureau of Economic Analysis and the Bureau of
December 21, 2020 (12:59 p.m.)

147
1 the Census, shall be available for expenses of cooperative
2 agreements with appropriate entities, including any Fed-
3 eral, State, or local governmental unit, or institution of
4 higher education, to aid and promote statistical, research,
5 and methodology activities which further the purposes for
6 which such amounts have been made available.
7 SEC. 111. Amounts provided by this Act for the Hol-
8 lings Manufacturing Extension Partnership under the
9 heading ‘‘National Institute of Standards and Tech-
10 nology—Industrial Technology Services’’ shall not be sub-
11 ject to cost share requirements under 15 U.S.C.
12 278k(e)(2): Provided, That the authority made available
13 pursuant to this section shall be elective for any Manufac-
14 turing Extension Partnership Center that also receives
15 funding from a State that is conditioned upon the applica-
16 tion of a Federal cost sharing requirement.
17 SEC. 112. The Secretary of Commerce, or the des-
18 ignee of the Secretary, may waive the matching require-
19 ments under sections 306 and 306A, and the cost sharing
20 requirements under section 315, of the Coastal Zone Man-
21 agement Act of 1972 (16 U.S.C. 1455, 1455a, and 1461)
22 as necessary for amounts made available under this Act
23 under the heading ‘‘Operations, Research, and Facilities’’
24 under the heading ‘‘National Oceanic and Atmospheric
25 Administration’’.
December 21, 2020 (12:59 p.m.)

148
1 SEC. 113. Of unobligated balances of amounts pro-
2 vided to the Bureau of the Census under this or any prior
3 appropriations Act, up to $208,000,000 may be trans-
4 ferred to the Bureau of the Census Working Capital Fund
5 for information and business technology system mod-
6 ernization and facilities infrastructure improvements nec-
7 essary for the operations of the Bureau: Provided, That
8 the amounts previously provided by the Congress for the
9 2020 Census remain available only for the period of time
10 as provided when initially enacted: Provided further, That
11 this transfer authority is in addition to any other transfer
12 authority in this Act: Provided further, That no amounts
13 may be transferred that were previously designated by the
14 Congress for the 2020 Census pursuant to section
15 251(b)(2)(G) of the Balanced Budget and Emergency
16 Deficit Control Act of 1985, as amended: Provided further,
17 That such amounts may be obligated only after the Com-
20 of the planned use of funds.
21 This title may be cited as the ‘‘Department of Com-
22 merce Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

149
1 TITLE II
2 DEPARTMENT OF JUSTICE
3 GENERAL ADMINISTRATION
5 For expenses necessary for the administration of the

6 Department of Justice, $119,000,000, of which not to ex-
7 ceed $4,000,000 for security and construction of Depart-
8 ment of Justice facilities shall remain available until ex-
9 pended.
10 JUSTICE INFORMATION SHARING TECHNOLOGY
12 For necessary expenses for information sharing tech-

13 nology, including planning, development, deployment and
14 departmental direction, $34,000,000, to remain available
15 until expended: Provided, That the Attorney General may
16 transfer up to $40,000,000 to this account, from funds
17 available to the Department of Justice for information
18 technology, to remain available until expended, for enter-
19 prise-wide information technology initiatives: Provided fur-
20 ther, That the transfer authority in the preceding proviso
21 is in addition to any other transfer authority contained
22 in this Act: Provided further, That any transfer pursuant
23 to the first proviso shall be treated as a reprogramming
24 under section 505 of this Act and shall not be available
December 21, 2020 (12:59 p.m.)

150
1 for obligation or expenditure except in compliance with the
2 procedures set forth in that section.
3 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
5 For expenses necessary for the administration of im-

6 migration-related activities of the Executive Office for Im-
7 migration Review, $734,000,000, of which $4,000,000
8 shall be derived by transfer from the Executive Office for
9 Immigration Review fees deposited in the ‘‘Immigration
10 Examinations Fee’’ account, and of which not less than
11 $22,500,000 shall be available for services and activities
12 provided by the Legal Orientation Program: Provided,
13 That not to exceed $35,000,000 of the total amount made
14 available under this heading shall remain available until
15 expended.
18 General, $110,565,000, including not to exceed $10,000
19 to meet unforeseen emergencies of a confidential char-
20 acter: Provided, That not to exceed $4,000,000 shall re-
21 main available until September 30, 2022.
22 UNITED STATES PAROLE COMMISSION
24 For necessary expenses of the United States Parole

25 Commission as authorized, $13,539,000: Provided, That,
December 21, 2020 (12:59 p.m.)

151
1 notwithstanding any other provision of law, upon the expi-
2 ration of a term of office of a Commissioner, the Commis-
3 sioner may continue to act until a successor has been ap-
4 pointed.
5 LEGAL ACTIVITIES
6 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
8 For expenses necessary for the legal activities of the

9 Department of Justice, not otherwise provided for, includ-
10 ing not to exceed $20,000 for expenses of collecting evi-
11 dence, to be expended under the direction of, and to be
12 accounted for solely under the certificate of, the Attorney
13 General; the administration of pardon and clemency peti-
14 tions; and rent of private or Government-owned space in
15 the District of Columbia, $960,000,000, of which not to
16 exceed $20,000,000 for litigation support contracts shall
17 remain available until expended: Provided, That of the
18 amount provided for INTERPOL Washington dues pay-
19 ments, not to exceed $685,000 shall remain available until
20 expended: Provided further, That of the total amount ap-
21 propriated, not to exceed $9,000 shall be available to
22 INTERPOL Washington for official reception and rep-
23 resentation expenses: Provided further, That of the total
24 amount appropriated, not to exceed $9,000 shall be avail-
25 able to the Criminal Division for official reception and rep-
December 21, 2020 (12:59 p.m.)

152
1 resentation expenses: Provided further, That notwith-
2 standing section 205 of this Act, upon a determination
3 by the Attorney General that emergent circumstances re-
4 quire additional funding for litigation activities of the Civil
5 Division, the Attorney General may transfer such amounts
6 to ‘‘Salaries and Expenses, General Legal Activities’’ from
7 available appropriations for the current fiscal year for the
8 Department of Justice, as may be necessary to respond
9 to such circumstances: Provided further, That any transfer
10 pursuant to the preceding proviso shall be treated as a
11 reprogramming under section 505 of this Act and shall
12 not be available for obligation or expenditure except in
13 compliance with the procedures set forth in that section:
14 Provided further, That of the amount appropriated, such
15 sums as may be necessary shall be available to the Civil
16 Rights Division for salaries and expenses associated with
17 the election monitoring program under section 8 of the
18 Voting Rights Act of 1965 (52 U.S.C. 10305) and to reim-
19 burse the Office of Personnel Management for such sala-
20 ries and expenses: Provided further, That of the amounts
21 provided under this heading for the election monitoring
22 program, $3,390,000 shall remain available until ex-
23 pended: Provided further, That of the amount appro-
24 priated, not less than $195,754,000 shall be available for
December 21, 2020 (12:59 p.m.)

153
1 the Criminal Division, including related expenses for the
2 Mutual Legal Assistance Treaty Program.
3 In addition, for expenses of the Department of Jus-
4 tice associated with processing cases under the National
5 Childhood Vaccine Injury Act of 1986, not to exceed
6 $17,000,000, to be appropriated from the Vaccine Injury
7 Compensation Trust Fund and to remain available until
8 expended.
9 SALARIES AND EXPENSES, ANTITRUST DIVISION
10 For expenses necessary for the enforcement of anti-

11 trust and kindred laws, $184,524,000, to remain available
12 until expended: Provided, That notwithstanding any other
13 provision of law, fees collected for premerger notification
14 filings under the Hart-Scott-Rodino Antitrust Improve-
15 ments Act of 1976 (15 U.S.C. 18a), regardless of the year
16 of collection (and estimated to be $150,000,000 in fiscal
17 year 2021), shall be retained and used for necessary ex-
18 penses in this appropriation, and shall remain available
19 until expended: Provided further, That the sum herein ap-
20 propriated from the general fund shall be reduced as such
21 offsetting collections are received during fiscal year 2021,
22 so as to result in a final fiscal year 2021 appropriation
23 from the general fund estimated at $34,524,000.
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154
1 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
2 For necessary expenses of the Offices of the United

3 States Attorneys, including inter-governmental and coop-
4 erative agreements, $2,342,177,000: Provided, That of the
5 total amount appropriated, not to exceed $7,200 shall be
6 available for official reception and representation ex-
7 penses: Provided further, That not to exceed $25,000,000
9 That each United States Attorney shall establish or par-
10 ticipate in a task force on human trafficking.
11 UNITED STATES TRUSTEE SYSTEM FUND
12 For necessary expenses of the United States Trustee

13 Program, as authorized, $232,361,000, to remain avail-
14 able until expended: Provided, That, notwithstanding any
15 other provision of law, deposits to the United States
16 Trustee System Fund and amounts herein appropriated
17 shall be available in such amounts as may be necessary
18 to pay refunds due depositors: Provided further, That, not-
19 withstanding any other provision of law, fees deposited
20 into the Fund pursuant to section 589a(b) of title 28,
21 United States Code (as limited by section 1004(b) of the
22 Bankruptcy Judgeship Act of 2017 (division B of Public
23 Law 115–72)), shall be retained and used for necessary
24 expenses in this appropriation and shall remain available
25 until expended: Provided further, That to the extent that
December 21, 2020 (12:59 p.m.)

155
1 fees deposited into the Fund in fiscal year 2021, net of
2 amounts necessary to pay refunds due depositors, exceed
3 $232,361,000, those excess amounts shall be available in
4 future fiscal years only to the extent provided in advance
5 in appropriations Acts: Provided further, That the sum
6 herein appropriated from the general fund shall be re-
7 duced (1) as such fees are received during fiscal year
8 2021, net of amounts necessary to pay refunds due deposi-
9 tors, (estimated at $318,000,000) and (2) to the extent
10 that any remaining general fund appropriations can be de-
11 rived from amounts deposited in the Fund in previous fis-
12 cal years that are not otherwise appropriated, so as to re-
13 sult in a final fiscal year 2021 appropriation from the gen-
14 eral fund estimated at $0.
15 SALARIES AND EXPENSES, FOREIGN CLAIMS
16 SETTLEMENT COMMISSION
17 For expenses necessary to carry out the activities of

18 the Foreign Claims Settlement Commission, including
19 services as authorized by section 3109 of title 5, United
20 States Code, $2,366,000.
21 FEES AND EXPENSES OF WITNESSES
22 For fees and expenses of witnesses, for expenses of

23 contracts for the procurement and supervision of expert
24 witnesses, for private counsel expenses, including ad-
25 vances, and for expenses of foreign counsel, $270,000,000,
December 21, 2020 (12:59 p.m.)

156
1 to remain available until expended, of which not to exceed
2 $16,000,000 is for construction of buildings for protected
3 witness safesites; not to exceed $3,000,000 is for the pur-
4 chase and maintenance of armored and other vehicles for
5 witness security caravans; and not to exceed $25,000,000
6 is for the purchase, installation, maintenance, and up-
7 grade of secure telecommunications equipment and a se-
8 cure automated information network to store and retrieve
9 the identities and locations of protected witnesses: Pro-
10 vided, That amounts made available under this heading
11 may not be transferred pursuant to section 205 of this
12 Act.
13 SALARIES AND EXPENSES, COMMUNITY RELATIONS
14 SERVICE
16 For necessary expenses of the Community Relations

17 Service, $18,000,000: Provided, That notwithstanding sec-
18 tion 205 of this Act, upon a determination by the Attorney
19 General that emergent circumstances require additional
20 funding for conflict resolution and violence prevention ac-
21 tivities of the Community Relations Service, the Attorney
22 General may transfer such amounts to the Community Re-
23 lations Service, from available appropriations for the cur-
24 rent fiscal year for the Department of Justice, as may be
25 necessary to respond to such circumstances: Provided fur-
December 21, 2020 (12:59 p.m.)

157
1 ther, That any transfer pursuant to the preceding proviso
2 shall be treated as a reprogramming under section 505
3 of this Act and shall not be available for obligation or ex-
4 penditure except in compliance with the procedures set
5 forth in that section.
6 ASSETS FORFEITURE FUND
7 For expenses authorized by subparagraphs (B), (F),

8 and (G) of section 524(c)(1) of title 28, United States
9 Code, $20,514,000, to be derived from the Department
10 of Justice Assets Forfeiture Fund.
11 UNITED STATES MARSHALS SERVICE
13 For necessary expenses of the United States Mar-

14 shals Service, $1,496,000,000, of which not to exceed
15 $6,000 shall be available for official reception and rep-
16 resentation expenses, and not to exceed $25,000,000 shall
18 CONSTRUCTION
19 For construction in space that is controlled, occupied,

20 or utilized by the United States Marshals Service for pris-
21 oner holding and related support, $15,000,000, to remain
23 FEDERAL PRISONER DETENTION
24 For necessary expenses related to United States pris-

25 oners in the custody of the United States Marshals Service
December 21, 2020 (12:59 p.m.)

158
1 as authorized by section 4013 of title 18, United States
2 Code, $2,046,609,000, to remain available until expended:
3 Provided, That not to exceed $20,000,000 shall be consid-
4 ered ‘‘funds appropriated for State and local law enforce-
5 ment assistance’’ pursuant to section 4013(b) of title 18,
6 United States Code: Provided further, That the United
7 States Marshals Service shall be responsible for managing
8 the Justice Prisoner and Alien Transportation System.
9 NATIONAL SECURITY DIVISION
12 For expenses necessary to carry out the activities of

13 the National Security Division, $117,451,000, of which
14 not to exceed $5,000,000 for information technology sys-
15 tems shall remain available until expended: Provided, That
16 notwithstanding section 205 of this Act, upon a deter-
17 mination by the Attorney General that emergent cir-
18 cumstances require additional funding for the activities of
19 the National Security Division, the Attorney General may
20 transfer such amounts to this heading from available ap-
21 propriations for the current fiscal year for the Department
22 of Justice, as may be necessary to respond to such cir-
23 cumstances: Provided further, That any transfer pursuant
24 to the preceding proviso shall be treated as a reprogram-
25 ming under section 505 of this Act and shall not be avail-
December 21, 2020 (12:59 p.m.)

159
1 able for obligation or expenditure except in compliance
2 with the procedures set forth in that section.
3 INTERAGENCY LAW ENFORCEMENT
4 INTERAGENCY CRIME AND DRUG ENFORCEMENT
5 For necessary expenses for the identification, inves-

6 tigation, and prosecution of individuals associated with the
7 most significant drug trafficking organizations,
8 transnational organized crime, and money laundering or-
9 ganizations not otherwise provided for, to include inter-
10 governmental agreements with State and local law en-
11 forcement agencies engaged in the investigation and pros-
12 ecution of individuals involved in transnational organized
13 crime and drug trafficking, $550,458,000, of which
15 vided, That any amounts obligated from appropriations
16 under this heading may be used under authorities avail-
17 able to the organizations reimbursed from this appropria-
18 tion.
19 FEDERAL BUREAU OF INVESTIGATION
21 For necessary expenses of the Federal Bureau of In-

22 vestigation for detection, investigation, and prosecution of
23 crimes against the United States, $9,748,686,000, of
24 which not to exceed $216,900,000 shall remain available
25 until expended: Provided, That not to exceed $284,000
December 21, 2020 (12:59 p.m.)

160
1 shall be available for official reception and representation
2 expenses.
3 CONSTRUCTION
4 For necessary expenses, to include the cost of equip-

5 ment, furniture, and information technology requirements,
6 related to construction or acquisition of buildings, facili-
7 ties, and sites by purchase, or as otherwise authorized by
8 law; conversion, modification, and extension of federally
9 owned buildings; preliminary planning and design of
10 projects; and operation and maintenance of secure work
11 environment facilities and secure networking capabilities;
13 DRUG ENFORCEMENT ADMINISTRATION
15 For necessary expenses of the Drug Enforcement Ad-

16 ministration, including not to exceed $70,000 to meet un-
17 foreseen emergencies of a confidential character pursuant
18 to section 530C of title 28, United States Code; and ex-
19 penses for conducting drug education and training pro-
20 grams, including travel and related expenses for partici-
21 pants in such programs and the distribution of items of
22 token value that promote the goals of such programs,
23 $2,336,263,000, of which not to exceed $75,000,000 shall
24 remain available until expended and not to exceed $90,000
December 21, 2020 (12:59 p.m.)

161
1 expenses: Provided, That, notwithstanding section 3672 of
2 Public Law 106–310, up to $10,000,000 may be used to
3 reimburse States, units of local government, Indian Tribal
4 Governments, other public entities, and multi-jurisdic-
5 tional or regional consortia thereof for expenses incurred
6 to clean up and safely dispose of substances associated
7 with clandestine methamphetamine laboratories, conver-
8 sion and extraction operations, tableting operations, or
9 laboratories and processing operations for fentanyl and
10 fentanyl-related substances which may present a danger
11 to public health or the environment.
12 CONSTRUCTION
13 For necessary expenses, to include the cost of prelimi-

14 nary planning and design, equipment, furniture, and infor-
15 mation technology requirements, related to the construc-
16 tion or acquisition of buildings, facilities, and sites by pur-
17 chase, or as otherwise authorized by law, for the addition
18 of a laboratory and warehouse to meet the demand of test-
19 ing drugs, including fentanyl, $50,000,000, to remain
21 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
22 EXPLOSIVES
24 For necessary expenses of the Bureau of Alcohol, To-

25 bacco, Firearms and Explosives, for training of State and
December 21, 2020 (12:59 p.m.)

162
1 local law enforcement agencies with or without reimburse-
2 ment, including training in connection with the training
3 and acquisition of canines for explosives and fire
4 accelerants detection; and for provision of laboratory as-
5 sistance to State and local law enforcement agencies, with
6 or without reimbursement, $1,483,887,000, of which not
7 to exceed $36,000 shall be for official reception and rep-
8 resentation expenses, not to exceed $1,000,000 shall be
9 available for the payment of attorneys’ fees as provided
10 by section 924(d)(2) of title 18, United States Code, and
11 not to exceed $25,000,000 shall remain available until ex-
12 pended: Provided, That none of the funds appropriated
13 herein shall be available to investigate or act upon applica-
14 tions for relief from Federal firearms disabilities under
15 section 925(c) of title 18, United States Code: Provided
16 further, That such funds shall be available to investigate
17 and act upon applications filed by corporations for relief
18 from Federal firearms disabilities under section 925(c) of
19 title 18, United States Code: Provided further, That no
20 funds made available by this or any other Act may be used
21 to transfer the functions, missions, or activities of the Bu-
22 reau of Alcohol, Tobacco, Firearms and Explosives to
23 other agencies or Departments.
December 21, 2020 (12:59 p.m.)

163
1 FEDERAL PRISON SYSTEM
4 For necessary expenses of the Federal Prison System

5 for the administration, operation, and maintenance of
6 Federal penal and correctional institutions, and for the
7 provision of technical assistance and advice on corrections
8 related issues to foreign governments, $7,708,375,000, of
9 which not less than $409,483,000 shall be for the pro-
10 grams and activities authorized by the First Step Act of
11 2018 (Public Law 115–391): Provided, That the Attorney
12 General may transfer to the Department of Health and
13 Human Services such amounts as may be necessary for
14 direct expenditures by that Department for medical relief
15 for inmates of Federal penal and correctional institutions:
16 Provided further, That the Director of the Federal Prison
17 System, where necessary, may enter into contracts with
18 a fiscal agent or fiscal intermediary claims processor to
19 determine the amounts payable to persons who, on behalf
20 of the Federal Prison System, furnish health services to
21 individuals committed to the custody of the Federal Prison
22 System: Provided further, That not to exceed $5,400 shall
23 be available for official reception and representation ex-
24 penses: Provided further, That not to exceed $50,000,000
25 shall remain available until expended for necessary oper-
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164
1 ations: Provided further, That, of the amounts provided
2 for contract confinement, not to exceed $20,000,000 shall
3 remain available until expended to make payments in ad-
4 vance for grants, contracts and reimbursable agreements,
5 and other expenses: Provided further, That the Director
6 of the Federal Prison System may accept donated prop-
7 erty and services relating to the operation of the prison
8 card program from a not-for-profit entity which has oper-
9 ated such program in the past, notwithstanding the fact
10 that such not-for-profit entity furnishes services under
11 contracts to the Federal Prison System relating to the op-
12 eration of pre-release services, halfway houses, or other
13 custodial facilities.
15 For planning, acquisition of sites, and construction

16 of new facilities; purchase and acquisition of facilities and
17 remodeling, and equipping of such facilities for penal and
18 correctional use, including all necessary expenses incident
19 thereto, by contract or force account; and constructing,
20 remodeling, and equipping necessary buildings and facili-
21 ties at existing penal and correctional institutions, includ-
22 ing all necessary expenses incident thereto, by contract or
23 force account, $127,000,000, to remain available until ex-
24 pended: Provided, That labor of United States prisoners
25 may be used for work performed under this appropriation.
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165
1 FEDERAL PRISON INDUSTRIES, INCORPORATED
2 The Federal Prison Industries, Incorporated, is here-

3 by authorized to make such expenditures within the limits
4 of funds and borrowing authority available, and in accord
5 with the law, and to make such contracts and commit-
6 ments without regard to fiscal year limitations as provided
7 by section 9104 of title 31, United States Code, as may
8 be necessary in carrying out the program set forth in the
9 budget for the current fiscal year for such corporation.
10 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
11 PRISON INDUSTRIES, INCORPORATED
12 Not to exceed $2,700,000 of the funds of the Federal

13 Prison Industries, Incorporated, shall be available for its
14 administrative expenses, and for services as authorized by
15 section 3109 of title 5, United States Code, to be com-
16 puted on an accrual basis to be determined in accordance
17 with the corporation’s current prescribed accounting sys-
18 tem, and such amounts shall be exclusive of depreciation,
19 payment of claims, and expenditures which such account-
20 ing system requires to be capitalized or charged to cost
21 of commodities acquired or produced, including selling and
22 shipping expenses, and expenses in connection with acqui-
23 sition, construction, operation, maintenance, improvement,
24 protection, or disposition of facilities and other property
25 belonging to the corporation or in which it has an interest.
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166
1 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
2 OFFICE ON VIOLENCE AGAINST WOMEN
3 VIOLENCE AGAINST WOMEN PREVENTION AND
4 PROSECUTION PROGRAMS
6 For grants, contracts, cooperative agreements, and

7 other assistance for the prevention and prosecution of vio-
8 lence against women, as authorized by the Omnibus Crime
9 Control and Safe Streets Act of 1968 (34 U.S.C. 10101
10 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and
11 Law Enforcement Act of 1994 (Public Law 103–322)
12 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990
13 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu-
14 torial Remedies and Other Tools to end the Exploitation
15 of Children Today Act of 2003 (Public Law 108–21); the
16 Juvenile Justice and Delinquency Prevention Act of 1974
17 (34 U.S.C. 11101 et seq.) (‘‘the 1974 Act’’); the Victims
18 of Trafficking and Violence Protection Act of 2000 (Public
19 Law 106–386) (‘‘the 2000 Act’’); the Violence Against
20 Women and Department of Justice Reauthorization Act
21 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Vio-
22 lence Against Women Reauthorization Act of 2013 (Public
23 Law 113–4) (‘‘the 2013 Act’’); the Rape Survivor Child
24 Custody Act of 2015 (Public Law 114–22) (‘‘the 2015
25 Act’’); and the Abolish Human Trafficking Act (Public
December 21, 2020 (12:59 p.m.)

167
1 Law 115–392); and for related victims services,
2 $513,500,000, to remain available until expended, of
3 which $435,000,000 shall be derived by transfer from
4 amounts available for obligation in this Act from the Fund
5 established by section 1402 of chapter XIV of title II of
6 Public Law 98–473 (34 U.S.C. 20101), notwithstanding
7 section 1402(d) of such Act of 1984, and merged with the
8 amounts otherwise made available under this heading:
9 Provided, That except as otherwise provided by law, not
10 to exceed 5 percent of funds made available under this
11 heading may be used for expenses related to evaluation,
12 training, and technical assistance: Provided further, That
13 any balances remaining available from prior year appro-
14 priations under this heading for tracking violence against
15 Indian women, as authorized by section 905 of the 2005
16 Act, shall also be available to enhance the ability of Tribal
17 Government entities to access, enter information into, and
18 obtain information from, Federal criminal information
19 databases, as authorized by section 534 of title 28, United
20 States Code: Provided further, That some or all of such
21 balances may be transferred, at the discretion of the At-
22 torney General, to ‘‘General Administration, Justice Infor-
23 mation Sharing Technology’’ for the Tribal Access Pro-
24 gram for national crime information in furtherance of this
25 purpose: Provided further, That the authority to transfer
December 21, 2020 (12:59 p.m.)

168
1 funds under the previous proviso shall be in addition to
2 any other transfer authority contained in this Act: Pro-
3 vided further, That of the amount provided—
4 (1) $215,000,000 is for grants to combat vio-
5 lence against women, as authorized by part T of the
6 1968 Act;
7 (2) $40,000,000 is for transitional housing as-
8 sistance grants for victims of domestic violence, dat-
9 ing violence, stalking, or sexual assault as authorized
10 by section 40299 of the 1994 Act;
11 (3) $2,500,000 is for the National Institute of
12 Justice and the Bureau of Justice Statistics for re-
13 search, evaluation, and statistics of violence against
14 women and related issues addressed by grant pro-
15 grams of the Office on Violence Against Women,
16 which shall be transferred to ‘‘Research, Evaluation
17 and Statistics’’ for administration by the Office of
18 Justice Programs;
19 (4) $12,000,000 is for a grant program to pro-
20 vide services to advocate for and respond to youth
21 victims of domestic violence, dating violence, sexual
22 assault, and stalking; assistance to children and
23 youth exposed to such violence; programs to engage
24 men and youth in preventing such violence; and as-
25 sistance to middle and high school students through
December 21, 2020 (12:59 p.m.)

169
1 education and other services related to such violence:
2 Provided, That unobligated balances available for
3 the programs authorized by sections 41201, 41204,
4 41303, and 41305 of the 1994 Act, prior to its
5 amendment by the 2013 Act, shall be available for
6 this program: Provided further, That 10 percent of
7 the total amount available for this grant program
8 shall be available for grants under the program au-
9 thorized by section 2015 of the 1968 Act: Provided
10 further, That the definitions and grant conditions in
11 section 40002 of the 1994 Act shall apply to this
12 program;
13 (5) $53,000,000 is for grants to encourage ar-
14 rest policies as authorized by part U of the 1968
15 Act, of which $4,000,000 is for a homicide reduction
16 initiative;
17 (6) $41,000,000 is for sexual assault victims
18 assistance, as authorized by section 41601 of the
19 1994 Act;
20 (7) $45,000,000 is for rural domestic violence
21 and child abuse enforcement assistance grants, as
22 authorized by section 40295 of the 1994 Act;
23 (8) $20,000,000 is for grants to reduce violent
24 crimes against women on campus, as authorized by
25 section 304 of the 2005 Act;
December 21, 2020 (12:59 p.m.)

170
1 (9) $47,000,000 is for legal assistance for vic-
2 tims, as authorized by section 1201 of the 2000 Act;
3 (10) $5,500,000 is for enhanced training and
4 services to end violence against and abuse of women
5 in later life, as authorized by section 40801 of the
6 1994 Act;
7 (11) $18,000,000 is for grants to support fami-
8 lies in the justice system, as authorized by section
9 1301 of the 2000 Act: Provided, That unobligated
10 balances available for the programs authorized by
11 section 1301 of the 2000 Act and section 41002 of
12 the 1994 Act, prior to their amendment by the 2013
13 Act, shall be available for this program;
14 (12) $6,500,000 is for education and training
15 to end violence against and abuse of women with
16 disabilities, as authorized by section 1402 of the
17 2000 Act;
18 (13) $1,000,000 is for the National Resource
19 Center on Workplace Responses to assist victims of
20 domestic violence, as authorized by section 41501 of
21 the 1994 Act;
22 (14) $1,000,000 is for analysis and research on
23 violence against Indian women, including as author-
24 ized by section 904 of the 2005 Act: Provided, That
25 such funds may be transferred to ‘‘Research, Eval-
December 21, 2020 (12:59 p.m.)

171
1 uation and Statistics’’ for administration by the Of-
2 fice of Justice Programs;
3 (15) $500,000 is for a national clearinghouse
4 that provides training and technical assistance on
5 issues relating to sexual assault of American Indian
6 and Alaska Native women;
7 (16) $4,000,000 is for grants to assist Tribal
8 Governments in exercising special domestic violence
9 criminal jurisdiction, as authorized by section 904 of
10 the 2013 Act: Provided, That the grant conditions in
11 section 40002(b) of the 1994 Act shall apply to this
12 program; and
13 (17) $1,500,000 is for the purposes authorized
14 under the 2015 Act.
15 OFFICE OF JUSTICE PROGRAMS
16 RESEARCH, EVALUATION AND STATISTICS

18 other assistance authorized by title I of the Omnibus
19 Crime Control and Safe Streets Act of 1968 (‘‘the 1968
20 Act’’); the Violent Crime Control and Law Enforcement
21 Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the
22 Juvenile Justice and Delinquency Prevention Act of 1974
23 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act
24 (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and
25 Other Tools to end the Exploitation of Children Today Act
December 21, 2020 (12:59 p.m.)

172
1 of 2003 (Public Law 108–21) (‘‘the PROTECT Act’’); the
2 Justice for All Act of 2004 (Public Law 108–405); the
3 Violence Against Women and Department of Justice Re-
4 authorization Act of 2005 (Public Law 109–162) (‘‘the
5 2005 Act’’); the Victims of Child Abuse Act of 1990 (Pub-
6 lic Law 101–647); the Second Chance Act of 2007 (Public
7 Law 110–199); the Victims of Crime Act of 1984 (Public
8 Law 98–473); the Adam Walsh Child Protection and Safe-
9 ty Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh
10 Act’’); the PROTECT Our Children Act of 2008 (Public
11 Law 110–401); subtitle C of title II of the Homeland Se-
12 curity Act of 2002 (Public Law 107–296) (‘‘the 2002
13 Act’’); the Prison Rape Elimination Act of 2003 (Public
14 Law 108–79) (‘‘PREA’’); the NICS Improvement Amend-
15 ments Act of 2007 (Public Law 110–180); the Violence
16 Against Women Reauthorization Act of 2013 (Public Law
17 113–4) (‘‘the 2013 Act’’); the Comprehensive Addiction
18 and Recovery Act of 2016 (Public Law 114–198); the
19 First Step Act of 2018 (Public Law 115–391); and other
20 programs, $82,000,000, to remain available until ex-
21 pended, of which—
22 (1) $45,000,000 is for criminal justice statistics
23 programs, and other activities, as authorized by part
24 C of title I of the 1968 Act, of which $3,000,000 is
25 for a data collection on law enforcement suicide; and
December 21, 2020 (12:59 p.m.)

173
1 (2) $37,000,000 is for research, development,
2 and evaluation programs, and other activities as au-
3 thorized by part B of title I of the 1968 Act and
4 subtitle C of title II of the 2002 Act, and for activi-
5 ties authorized by or consistent with the First Step
6 Act of 2018, of which $6,000,000 is for research
7 targeted toward developing a better understanding
8 of the domestic radicalization phenomenon, and ad-
9 vancing evidence-based strategies for effective inter-
10 vention and prevention; $1,000,000 is for research
11 to study the root causes of school violence to include
12 the impact and effectiveness of grants made under
13 the STOP School Violence Act; $1,500,000 is for a
14 national study to identify improvements for law en-
15 forcement officials who respond to and investigate
16 child pornography crimes; $4,000,000 is for the re-
17 search, design, and testing of a scalable national
18 model to reduce incarceration rates for minor proba-
19 tion and parole violations; and not less than
20 $2,000,000 is for research, testing, and evaluation
21 of the use of counter-unmanned aircraft systems in
22 support of law enforcement operations.
December 21, 2020 (12:59 p.m.)

174
1 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

4 other assistance authorized by the Violent Crime Control
5 and Law Enforcement Act of 1994 (Public Law 103–322)
6 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe
7 Streets Act of 1968 (Public Law 90–351) (‘‘the 1968
8 Act’’); the Justice for All Act of 2004 (Public Law 108–
9 405); the Victims of Child Abuse Act of 1990 (Public Law
10 101–647) (‘‘the 1990 Act’’); the Trafficking Victims Pro-
11 tection Reauthorization Act of 2005 (Public Law 109–
12 164); the Violence Against Women and Department of
13 Justice Reauthorization Act of 2005 (Public Law 109–
14 162) (‘‘the 2005 Act’’); the Adam Walsh Child Protection
15 and Safety Act of 2006 (Public Law 109–248) (‘‘the
16 Adam Walsh Act’’); the Victims of Trafficking and Vio-
17 lence Protection Act of 2000 (Public Law 106–386); the
18 NICS Improvement Amendments Act of 2007 (Public
19 Law 110–180); subtitle C of title II of the Homeland Se-
20 curity Act of 2002 (Public Law 107–296) (‘‘the 2002
21 Act’’); the Prison Rape Elimination Act of 2003 (Public
22 Law 108–79); the Second Chance Act of 2007 (Public
23 Law 110–199); the Prioritizing Resources and Organiza-
24 tion for Intellectual Property Act of 2008 (Public Law
25 110–403); the Victims of Crime Act of 1984 (Public Law
December 21, 2020 (12:59 p.m.)

175
1 98–473); the Mentally Ill Offender Treatment and Crime
2 Reduction Reauthorization and Improvement Act of 2008
3 (Public Law 110–416); the Violence Against Women Re-
4 authorization Act of 2013 (Public Law 113–4) (‘‘the 2013
5 Act’’); the Comprehensive Addiction and Recovery Act of
6 2016 (Public Law 114–198) (‘‘CARA’’); the Justice for
7 All Reauthorization Act of 2016 (Public Law 114–324);
8 Kevin and Avonte’s Law (division Q of Public Law 115–
9 141) (‘‘Kevin and Avonte’s Law’’); the Keep Young Ath-
10 letes Safe Act of 2018 (title III of division S of Public
11 Law 115–141) (‘‘the Keep Young Athletes Safe Act’’); the
12 STOP School Violence Act of 2018 (title V of division S
13 of Public Law 115–141) (‘‘the STOP School Violence
14 Act’’); the Fix NICS Act of 2018 (title VI of division S
15 of Public Law 115–141); the Project Safe Neighborhoods
16 Grant Program Authorization Act of 2018 (Public Law
17 115–185); the SUPPORT for Patients and Communities
18 Act (Public Law 115–271); the Second Chance Reauthor-
19 ization Act of 2018 (Public Law 115–391); the Matthew
20 Shepard and James Byrd, Jr. Hate Crimes Prevention
21 Act (Public Law 111–84); the Ashanti Alert Act of 2018
22 (Public Law 115–401); and other programs,
23 $1,914,000,000, to remain available until expended as fol-
24 lows—
December 21, 2020 (12:59 p.m.)

176
1 (1) $484,000,000 for the Edward Byrne Memo-
2 rial Justice Assistance Grant program as authorized
3 by subpart 1 of part E of title I of the 1968 Act
4 (except that section 1001(c), and the special rules
5 for Puerto Rico under section 505(g), of title I of
6 the 1968 Act shall not apply for purposes of this
7 Act), of which, notwithstanding such subpart 1—
8 (A) $13,000,000 is for an Officer Robert
9 Wilson III memorial initiative on Preventing Vi-
10 olence Against Law Enforcement and Ensuring
11 Officer Resilience and Survivability (VALOR);
12 (B) $8,000,000 is for an initiative to sup-
13 port evidence-based policing;
14 (C) $8,000,000 is for an initiative to en-
15 hance prosecutorial decision-making;
16 (D) $2,400,000 is for the operation, main-
17 tenance, and expansion of the National Missing
18 and Unidentified Persons System;
19 (E) $7,500,000 is for a grant program for
20 State and local law enforcement to provide offi-
21 cer training on responding to individuals with
22 mental illness or disabilities;
23 (F) $2,000,000 is for a student loan re-
24 payment assistance program pursuant to sec-
25 tion 952 of Public Law 110–315;
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177
1 (G) $15,500,000 is for prison rape preven-
2 tion and prosecution grants to States and units
3 of local government, and other programs, as au-
4 thorized by the Prison Rape Elimination Act of
5 2003 (Public Law 108–79);
6 (H) $3,000,000 is for a grant program au-
7 thorized by Kevin and Avonte’s Law;
8 (I) $4,000,000 is for the establishment of
9 a national center on forensics at an accredited
10 university of higher education with affiliate
11 medical and law schools, in partnership with a
12 co-located full-service State department of fo-
13 rensic science with a medical examiner function;
14 (J) $20,000,000 is for grants authorized
15 under the Project Safe Neighborhoods Grant
16 Authorization Act of 2018 (Public Law 115–
17 185);
18 (K) $7,000,000 is for the Capital Litiga-
19 tion Improvement Grant Program, as author-
20 ized by section 426 of Public Law 108–405,
21 and for grants for wrongful conviction review;
22 (L) $14,000,000 is for community-based
23 violence prevention initiatives;
24 (M) $3,000,000 is for a national center for
25 restorative justice;
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178
1 (N) $1,000,000 is for the purposes of the
2 Ashanti Alert Network as authorized under the
3 Ashanti Alert Act of 2018 (Public Law 115–
4 401);
5 (O) $3,500,000 is for a grant program to
6 replicate family-based alternative sentencing
7 pilot programs;
8 (P) $1,000,000 is for a grant program to
9 support child advocacy training in post-sec-
10 ondary education;
11 (Q) $7,000,000 is for a rural violent crime
12 initiative, including assistance for law enforce-
13 ment;
14 (R) $2,000,000 is for grants to States and
15 units of local government to deploy managed
16 access systems to combat contraband cell phone
17 use in prison; and
18 (S) $2,000,000 is for grants for develop-
19 ment of child-friendly family visitation spaces in
20 correctional facilities;
21 (2) $244,000,000 for the State Criminal Alien
22 Assistance Program, as authorized by section
23 241(i)(5) of the Immigration and Nationality Act (8
24 U.S.C. 1231(i)(5)): Provided, That no jurisdiction
25 shall request compensation for any cost greater than
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179
1 the actual cost for Federal immigration and other
2 detainees housed in State and local detention facili-
3 ties;
4 (3) $85,000,000 for victim services programs
5 for victims of trafficking, as authorized by section
6 107(b)(2) of Public Law 106–386, for programs au-
7 thorized under Public Law 109–164, or programs
8 authorized under Public Law 113–4;
9 (4) $12,000,000 for economic, high technology,
10 white collar, and Internet crime prevention grants,
11 including as authorized by section 401 of Public
12 Law 110–403, of which $2,500,000 is for competi-
13 tive grants that help State and local law enforce-
14 ment tackle intellectual property thefts, and
15 $2,000,000 is for grants to develop databases on
16 Internet of Things device capabilities and to build
17 and execute training modules for law enforcement;
18 (5) $20,000,000 for sex offender management
19 assistance, as authorized by the Adam Walsh Act,
20 and related activities;
21 (6) $30,000,000 for the Patrick Leahy Bullet-
22 proof Vest Partnership Grant Program, as author-
23 ized by section 2501 of title I of the 1968 Act: Pro-
24 vided, That $1,500,000 is transferred directly to the
25 National Institute of Standards and Technology’s
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180
1 Office of Law Enforcement Standards for research,
2 testing, and evaluation programs;
3 (7) $1,000,000 for the National Sex Offender
4 Public Website;
5 (8) $85,000,000 for grants to States to up-
6 grade criminal and mental health records for the
7 National Instant Criminal Background Check Sys-
8 tem, of which no less than $25,000,000 shall be for
9 grants made under the authorities of the NICS Im-
10 provement Amendments Act of 2007 (Public Law
11 110–180) and Fix NICS Act of 2018;
12 (9) $33,000,000 for Paul Coverdell Forensic
13 Sciences Improvement Grants under part BB of title
14 I of the 1968 Act;
15 (10) $141,000,000 for DNA-related and foren-
16 sic programs and activities, of which—
17 (A) $110,000,000 is for the purposes au-
18 thorized under section 2 of the DNA Analysis
19 Backlog Elimination Act of 2000 (Public Law
20 106–546) (the Debbie Smith DNA Backlog
21 Grant Program): Provided, That up to 4 per-
22 cent of funds made available under this para-
23 graph may be used for the purposes described
24 in the DNA Training and Education for Law
25 Enforcement, Correctional Personnel, and
December 21, 2020 (12:59 p.m.)

181
1 Court Officers program (Public Law 108–405,
2 section 303);
3 (B) $19,000,000 for other local, State, and
4 Federal forensic activities;
5 (C) $8,000,000 is for the purposes de-
6 scribed in the Kirk Bloodsworth Post-Convic-
7 tion DNA Testing Grant Program (Public Law
8 108–405, section 412); and
9 (D) $4,000,000 is for Sexual Assault Fo-
10 rensic Exam Program grants, including as au-
11 thorized by section 304 of Public Law 108–405;
12 (11) $48,000,000 for a grant program for com-
13 munity-based sexual assault response reform;
14 (12) $12,500,000 for the court-appointed spe-
15 cial advocate program, as authorized by section 217
16 of the 1990 Act;
17 (13) $46,000,000 for assistance to Indian
18 Tribes;
19 (14) $100,000,000 for offender reentry pro-
20 grams and research, as authorized by the Second
21 Chance Act of 2007 (Public Law 110–199) and by
22 the Second Chance Reauthorization Act of 2018
23 (Public Law 115–391), without regard to the time
24 limitations specified at section 6(1) of such Act, of
25 which not to exceed $6,000,000 is for a program to
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182
1 improve State, local, and Tribal probation or parole
2 supervision efforts and strategies; $5,000,000 is for
3 Children of Incarcerated Parents Demonstrations to
4 enhance and maintain parental and family relation-
5 ships for incarcerated parents as a reentry or recidi-
6 vism reduction strategy; and $4,500,000 is for addi-
7 tional replication sites employing the Project HOPE
8 Opportunity Probation with Enforcement model im-
9 plementing swift and certain sanctions in probation,
10 of which no less than $500,000 shall be used for a
11 project that provides training, technical assistance,
12 and best practices: Provided, That up to $7,500,000
13 of funds made available in this paragraph may be
14 used for performance-based awards for Pay for Suc-
15 cess projects, of which up to $5,000,000 shall be for
16 Pay for Success programs implementing the Perma-
17 nent Supportive Housing Model;
18 (15) $394,000,000 for comprehensive opioid
19 abuse reduction activities, including as authorized by
20 CARA, and for the following programs, which shall
21 address opioid, stimulant, and substance abuse re-
22 duction consistent with underlying program authori-
23 ties—
December 21, 2020 (12:59 p.m.)

183
1 (A) $83,000,000 for Drug Courts, as au-
2 thorized by section 1001(a)(25)(A) of title I of
3 the 1968 Act;
4 (B) $35,000,000 for mental health courts
5 and adult and juvenile collaboration program
6 grants, as authorized by parts V and HH of
7 title I of the 1968 Act, and the Mentally Ill Of-
8 fender Treatment and Crime Reduction Reau-
9 thorization and Improvement Act of 2008 (Pub-
10 lic Law 110–416);
11 (C) $34,000,000 for grants for Residential
12 Substance Abuse Treatment for State Pris-
13 oners, as authorized by part S of title I of the
14 1968 Act;
15 (D) $25,000,000 for a veterans treatment
16 courts program;
17 (E) $32,000,000 for a program to monitor
18 prescription drugs and scheduled listed chemical
19 products; and
20 (F) $185,000,000 for a comprehensive
21 opioid, stimulant, and substance abuse pro-
22 gram;
23 (16) $2,500,000 for a competitive grant pro-
24 gram authorized by the Keep Young Athletes Safe
25 Act;
December 21, 2020 (12:59 p.m.)

184
1 (17) $79,000,000 for grants to be administered
2 by the Bureau of Justice Assistance for purposes au-
3 thorized under the STOP School Violence Act;
4 (18) $2,000,000 for grants to State and local
5 law enforcement agencies for the expenses associated
6 with the investigation and prosecution of criminal of-
7 fenses, involving civil rights, authorized by the Em-
8 mett Till Unsolved Civil Rights Crimes Reauthoriza-
9 tion Act of 2016 (Public Law 114–325);
10 (19) $5,000,000 for grants to State, local, and
11 Tribal law enforcement agencies to conduct edu-
12 cational outreach and training on hate crimes and to
13 investigate and prosecute hate crimes, as authorized
14 by section 4704 of the Matthew Shepard and James
15 Byrd, Jr. Hate Crimes Prevention Act (Public Law
16 111–84); and
17 (20) $90,000,000 for initiatives to improve po-
18 lice-community relations, of which $35,000,000 is
19 for a competitive matching grant program for pur-
20 chases of body-worn cameras for State, local, and
21 Tribal law enforcement; $33,000,000 is for a justice
22 reinvestment initiative, for activities related to crimi-
23 nal justice reform and recidivism reduction; and
24 $22,000,000 is for an Edward Byrne Memorial
25 criminal justice innovation program:
December 21, 2020 (12:59 p.m.)

185
1 Provided, That, if a unit of local government uses any of
2 the funds made available under this heading to increase
3 the number of law enforcement officers, the unit of local
4 government will achieve a net gain in the number of law
5 enforcement officers who perform non-administrative pub-
6 lic sector safety service.
7 JUVENILE JUSTICE PROGRAMS

9 other assistance authorized by the Juvenile Justice and
10 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the
11 Omnibus Crime Control and Safe Streets Act of 1968
12 (‘‘the 1968 Act’’); the Violence Against Women and De-
13 partment of Justice Reauthorization Act of 2005 (Public
14 Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
15 Assistance Act (34 U.S.C. 11291 et seq.); the Prosecu-
16 torial Remedies and Other Tools to end the Exploitation
17 of Children Today Act of 2003 (Public Law 108–21); the
18 Victims of Child Abuse Act of 1990 (Public Law 101–
19 647) (‘‘the 1990 Act’’); the Adam Walsh Child Protection
20 and Safety Act of 2006 (Public Law 109–248) (‘‘the
21 Adam Walsh Act’’); the PROTECT Our Children Act of
22 2008 (Public Law 110–401); the Violence Against Women
23 Reauthorization Act of 2013 (Public Law 113–4) (‘‘the
24 2013 Act’’); the Justice for All Reauthorization Act of
25 2016 (Public Law 114–324); the Missing Children’s As-
December 21, 2020 (12:59 p.m.)

186
1 sistance Act of 2018 (Public Law 115–267); the Juvenile
2 Justice Reform Act of 2018 (Public Law 115–385); and
3 other juvenile justice programs, $346,000,000, to remain
4 available until expended as follows—
5 (1) $67,000,000 for programs authorized by
6 section 221 of the 1974 Act, and for training and
7 technical assistance to assist small, nonprofit organi-
8 zations with the Federal grants process: Provided,
9 That of the amounts provided under this paragraph,
10 $500,000 shall be for a competitive demonstration
11 grant program to support emergency planning
12 among State, local, and Tribal juvenile justice resi-
13 dential facilities;
14 (2) $100,000,000 for youth mentoring grants;
15 (3) $49,000,000 for delinquency prevention, of
16 which, pursuant to sections 261 and 262 of the
17 1974 Act—
18 (A) $2,000,000 shall be for grants to pre-
19 vent trafficking of girls;
20 (B) $10,000,000 shall be for the Tribal
21 Youth Program;
22 (C) $500,000 shall be for an Internet site
23 providing information and resources on children
24 of incarcerated parents;
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187
1 (D) $3,000,000 shall be for competitive
2 grants focusing on girls in the juvenile justice
3 system;
4 (E) $10,000,000 shall be for an opioid-af-
5 fected youth initiative; and
6 (F) $8,000,000 shall be for an initiative
7 relating to children exposed to violence;
8 (4) $30,000,000 for programs authorized by
9 the Victims of Child Abuse Act of 1990;
10 (5) $94,000,000 for missing and exploited chil-
11 dren programs, including as authorized by sections
12 404(b) and 405(a) of the 1974 Act (except that sec-
13 tion 102(b)(4)(B) of the PROTECT Our Children
14 Act of 2008 (Public Law 110–401) shall not apply
15 for purposes of this Act);
16 (6) $3,500,000 for child abuse training pro-
17 grams for judicial personnel and practitioners, as
18 authorized by section 222 of the 1990 Act; and
19 (7) $2,500,000 for a program to improve juve-
20 nile indigent defense:
21 Provided, That not more than 10 percent of each amount
22 may be used for research, evaluation, and statistics activi-
23 ties designed to benefit the programs or activities author-
24 ized: Provided further, That not more than 2 percent of
25 the amounts designated under paragraphs (1) through (3)
December 21, 2020 (12:59 p.m.)

188
1 and (6) may be used for training and technical assistance:
2 Provided further, That the two preceding provisos shall not
3 apply to grants and projects administered pursuant to sec-
4 tions 261 and 262 of the 1974 Act and to missing and
5 exploited children programs.
6 PUBLIC SAFETY OFFICER BENEFITS
8 For payments and expenses authorized under section

9 1001(a)(4) of title I of the Omnibus Crime Control and
10 Safe Streets Act of 1968, such sums as are necessary (in-
11 cluding amounts for administrative costs), to remain avail-
12 able until expended; and $24,800,000 for payments au-
13 thorized by section 1201(b) of such Act and for edu-
14 cational assistance authorized by section 1218 of such Act,
15 to remain available until expended: Provided, That not-
16 withstanding section 205 of this Act, upon a determina-
17 tion by the Attorney General that emergent circumstances
18 require additional funding for such disability and edu-
19 cation payments, the Attorney General may transfer such
20 amounts to ‘‘Public Safety Officer Benefits’’ from avail-
21 able appropriations for the Department of Justice as may
22 be necessary to respond to such circumstances: Provided
23 further, That any transfer pursuant to the preceding pro-
24 viso shall be treated as a reprogramming under section
25 505 of this Act and shall not be available for obligation
December 21, 2020 (12:59 p.m.)

189
1 or expenditure except in compliance with the procedures
2 set forth in that section.
3 COMMUNITY ORIENTED POLICING SERVICES
4 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
6 For activities authorized by the Violent Crime Con-

7 trol and Law Enforcement Act of 1994 (Public Law 103–
8 322); the Omnibus Crime Control and Safe Streets Act
9 of 1968 (‘‘the 1968 Act’’); the Violence Against Women
10 and Department of Justice Reauthorization Act of 2005
11 (Public Law 109–162) (‘‘the 2005 Act’’); the American
12 Law Enforcement Heroes Act of 2017 (Public Law 115–
13 37); the Law Enforcement Mental Health and Wellness
14 Act (Public Law 115–113) (‘‘the LEMHW Act’’); the
15 SUPPORT for Patients and Communities Act (Public
16 Law 115–271); and the Supporting and Treating Officers
17 In Crisis Act of 2019 (Public Law 116-32) (‘‘the STOIC
18 Act’’), $386,000,000, to remain available until expended:
19 Provided, That any balances made available through prior
20 year deobligations shall only be available in accordance
21 with section 505 of this Act: Provided further, That of the
22 amount provided under this heading—
23 (1) $237,000,000 is for grants under section
24 1701 of title I of the 1968 Act (34 U.S.C. 10381)
25 for the hiring and rehiring of additional career law
December 21, 2020 (12:59 p.m.)

190
1 enforcement officers under part Q of such title not-
2 withstanding subsection (i) of such section: Pro-
3 vided, That, notwithstanding section 1704(c) of such
4 title (34 U.S.C. 10384(c)), funding for hiring or re-
5 hiring a career law enforcement officer may not ex-
6 ceed $125,000 unless the Director of the Office of
7 Community Oriented Policing Services grants a
8 waiver from this limitation: Provided further, That
9 within the amounts appropriated under this para-
10 graph, $29,500,000 is for improving Tribal law en-
11 forcement, including hiring, equipment, training,
12 anti-methamphetamine activities, and anti-opioid ac-
13 tivities: Provided further, That of the amounts ap-
14 propriated under this paragraph $40,000,000 is for
15 regional information sharing activities, as authorized
16 by part M of title I of the 1968 Act, which shall be
17 transferred to and merged with ‘‘Research, Evalua-
18 tion, and Statistics’’ for administration by the Office
19 of Justice Programs: Provided further, That within
20 the amounts appropriated under this paragraph, no
21 less than $3,000,000 is to support the Tribal Access
22 Program: Provided further, That within the amounts
23 appropriated under this paragraph, $8,000,000 is
24 for training, peer mentoring, mental health program
December 21, 2020 (12:59 p.m.)

191
1 activities, and other support services as authorized
2 under the LEMHW Act and STOIC Act;
3 (2) $11,000,000 is for activities authorized by
4 the POLICE Act of 2016 (Public Law 114–199);
5 (3) $15,000,000 is for competitive grants to
6 State law enforcement agencies in States with high
7 seizures of precursor chemicals, finished meth-
8 amphetamine, laboratories, and laboratory dump sei-
9 zures: Provided, That funds appropriated under this
10 paragraph shall be utilized for investigative purposes
11 to locate or investigate illicit activities, including
12 precursor diversion, laboratories, or methamphet-
13 amine traffickers;
14 (4) $35,000,000 is for competitive grants to
15 statewide law enforcement agencies in States with
16 high rates of primary treatment admissions for her-
17 oin and other opioids: Provided, That these funds
18 shall be utilized for investigative purposes to locate
19 or investigate illicit activities, including activities re-
20 lated to the distribution of heroin or unlawful dis-
21 tribution of prescription opioids, or unlawful heroin
22 and prescription opioid traffickers through statewide
23 collaboration;
24 (5) $53,000,000 is for competitive grants to be
25 administered by the Community Oriented Policing
December 21, 2020 (12:59 p.m.)

192
1 Services Office for purposes authorized under the
2 STOP School Violence Act (title V of division S of
3 Public Law 115–141); and
4 (6) $35,000,000 is for community policing de-
5 velopment activities in furtherance of section 1701
6 of title I of the 1968 Act (34 U.S.C. 10381).
7 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

10 available in this title for official reception and representa-
11 tion expenses, a total of not to exceed $50,000 from funds
12 appropriated to the Department of Justice in this title
13 shall be available to the Attorney General for official re-
14 ception and representation expenses.
15 SEC. 202. None of the funds appropriated by this
16 title shall be available to pay for an abortion, except where
17 the life of the mother would be endangered if the fetus
18 were carried to term, or in the case of rape or incest: Pro-
19 vided, That should this prohibition be declared unconstitu-
20 tional by a court of competent jurisdiction, this section
21 shall be null and void.
22 SEC. 203. None of the funds appropriated under this
23 title shall be used to require any person to perform, or
24 facilitate in any way the performance of, any abortion.
December 21, 2020 (12:59 p.m.)

193
1 SEC. 204. Nothing in the preceding section shall re-
2 move the obligation of the Director of the Bureau of Pris-
3 ons to provide escort services necessary for a female in-
4 mate to receive such service outside the Federal facility:
5 Provided, That nothing in this section in any way dimin-
6 ishes the effect of section 203 intended to address the phil-
7 osophical beliefs of individual employees of the Bureau of
8 Prisons.
10 tion made available for the current fiscal year for the De-
11 partment of Justice in this Act may be transferred be-
12 tween such appropriations, but no such appropriation, ex-
13 cept as otherwise specifically provided, shall be increased
14 by more than 10 percent by any such transfers: Provided,
15 That any transfer pursuant to this section shall be treated
16 as a reprogramming of funds under section 505 of this
17 Act and shall not be available for obligation except in com-
18 pliance with the procedures set forth in that section.
19 SEC. 206. None of the funds made available under
20 this title may be used by the Federal Bureau of Prisons
21 or the United States Marshals Service for the purpose of
22 transporting an individual who is a prisoner pursuant to
23 conviction for crime under State or Federal law and is
24 classified as a maximum or high security prisoner, other
25 than to a prison or other facility certified by the Federal
December 21, 2020 (12:59 p.m.)

194
1 Bureau of Prisons as appropriately secure for housing
2 such a prisoner.
3 SEC. 207. (a) None of the funds appropriated by this
4 Act may be used by Federal prisons to purchase cable tele-
5 vision services, or to rent or purchase audiovisual or elec-
6 tronic media or equipment used primarily for recreational
7 purposes.
8 (b) Subsection (a) does not preclude the rental, main-
9 tenance, or purchase of audiovisual or electronic media or
10 equipment for inmate training, religious, or educational
11 programs.
13 this title shall be obligated or expended for any new or
14 enhanced information technology program having total es-
15 timated development costs in excess of $100,000,000, un-
16 less the Deputy Attorney General and the investment re-
17 view board certify to the Committees on Appropriations
18 of the House of Representatives and the Senate that the
19 information technology program has appropriate program
20 management controls and contractor oversight mecha-
21 nisms in place, and that the program is compatible with
22 the enterprise architecture of the Department of Justice.
23 SEC. 209. The notification thresholds and procedures
24 set forth in section 505 of this Act shall apply to devi-
25 ations from the amounts designated for specific activities
December 21, 2020 (12:59 p.m.)

195
1 in this Act and in the explanatory statement described in
2 section 4 (in the matter preceding division A of this con-
3 solidated Act), and to any use of deobligated balances of
4 funds provided under this title in previous years.
6 may be used to plan for, begin, continue, finish, process,
7 or approve a public-private competition under the Office
8 of Management and Budget Circular A–76 or any suc-
9 cessor administrative regulation, directive, or policy for
10 work performed by employees of the Bureau of Prisons
11 or of Federal Prison Industries, Incorporated.
13 law, no funds shall be available for the salary, benefits,
14 or expenses of any United States Attorney assigned dual
15 or additional responsibilities by the Attorney General or
16 his designee that exempt that United States Attorney
17 from the residency requirements of section 545 of title 28,
18 United States Code.
19 SEC. 212. At the discretion of the Attorney General,
20 and in addition to any amounts that otherwise may be
21 available (or authorized to be made available) by law, with
22 respect to funds appropriated by this title under the head-
23 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and
24 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus-
25 tice Programs’’—
December 21, 2020 (12:59 p.m.)

196
1 (1) up to 2 percent of funds made available to
2 the Office of Justice Programs for grant or reim-
3 bursement programs may be used by such Office to
4 provide training and technical assistance; and
5 (2) up to 2 percent of funds made available for
6 grant or reimbursement programs under such head-
7 ings, except for amounts appropriated specifically for
8 research, evaluation, or statistical programs adminis-
9 tered by the National Institute of Justice and the
10 Bureau of Justice Statistics, shall be transferred to
11 and merged with funds provided to the National In-
12 stitute of Justice and the Bureau of Justice Statis-
13 tics, to be used by them for research, evaluation, or
14 statistical purposes, without regard to the authoriza-
15 tions for such grant or reimbursement programs.
16 SEC. 213. Upon request by a grantee for whom the
17 Attorney General has determined there is a fiscal hard-
18 ship, the Attorney General may, with respect to funds ap-
19 propriated in this or any other Act making appropriations
20 for fiscal years 2018 through 2021 for the following pro-
21 grams, waive the following requirements:
22 (1) For the adult and juvenile offender State
23 and local reentry demonstration projects under part
24 FF of title I of the Omnibus Crime Control and
25 Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.),
December 21, 2020 (12:59 p.m.)

197
1 the requirements under section 2976(g)(1) of such
2 part (34 U.S.C. 10631(g)(1)).
3 (2) For grants to protect inmates and safe-
4 guard communities as authorized by section 6 of the
5 Prison Rape Elimination Act of 2003 (34 U.S.C.
6 30305(c)(3)), the requirements of section 6(c)(3) of
7 such Act.
9 law, section 20109(a) of subtitle A of title II of the Violent
10 Crime Control and Law Enforcement Act of 1994 (34
11 U.S.C. 12109(a)) shall not apply to amounts made avail-
12 able by this or any other Act.
14 this Act, other than for the national instant criminal back-
15 ground check system established under section 103 of the
16 Brady Handgun Violence Prevention Act (34 U.S.C.
17 40901), may be used by a Federal law enforcement officer
18 to facilitate the transfer of an operable firearm to an indi-
19 vidual if the Federal law enforcement officer knows or sus-
20 pects that the individual is an agent of a drug cartel, un-
21 less law enforcement personnel of the United States con-
22 tinuously monitor or control the firearm at all times.
23 SEC. 216. (a) None of the income retained in the De-
24 partment of Justice Working Capital Fund pursuant to
25 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C.
December 21, 2020 (12:59 p.m.)

198
1 527 note) shall be available for obligation during fiscal
2 year 2021, except up to $12,000,000 may be obligated for
3 implementation of a unified Department of Justice finan-
4 cial management system.
5 (b) Not to exceed $30,000,000 of the unobligated bal-
6 ances transferred to the capital account of the Department
7 of Justice Working Capital Fund pursuant to title I of
8 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note)
9 shall be available for obligation in fiscal year 2021, and
10 any use, obligation, transfer, or allocation of such funds
11 shall be treated as a reprogramming of funds under sec-
12 tion 505 of this Act.
13 (c) Not to exceed $10,000,000 of the excess unobli-
14 gated balances available under section 524(c)(8)(E) of
15 title 28, United States Code, shall be available for obliga-
16 tion during fiscal year 2021, and any use, obligation,
17 transfer or allocation of such funds shall be treated as a
18 reprogramming of funds under section 505 of this Act.
19 SEC. 217. Discretionary funds that are made avail-
20 able in this Act for the Office of Justice Programs may
21 be used to participate in Performance Partnership Pilots
22 authorized under such authorities as have been enacted
23 for Performance Partnership Pilots in appropriations acts
24 in prior fiscal years and the current fiscal year.
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199
1 SEC. 218. Section 1930(a)(6)(B) of title 28, United
2 States Code, shall be applied for this fiscal year and next
3 fiscal year by substituting ‘‘ $300,000,000’’ for ‘‘
4 $200,000,000’’.
5 SEC. 219. Section 527 of title 28, United States
6 Code, is amended in the third sentence by inserting ‘‘: (1)’’
7 before ‘‘the Department’’ and by inserting ‘‘; and (2) fed-
8 erally recognized tribes for supplies, materials, and serv-
9 ices related to access to Federal law enforcement data-
10 bases;’’ after ‘‘and services’’.
12 Code, is amended:
13 (a) in subsections (a) and (b) by striking ‘‘United
14 States marshal for the district’’ each place it appears and
15 inserting ‘‘Attorney General’’; and
16 (b) in subsection (c) by striking ‘‘United States mar-
17 shal’’ and inserting ‘‘Attorney General’’.
18 SEC. 221. Section 151 of the Foreign Relations Au-
19 thorization Act, Fiscal Years 1990 and 1991 (Public Law
20 101–246; 5 U.S.C. 5928 note), is amended—
21 (1) by striking ‘‘or’’ after ‘‘Drug Enforcement
22 Administration’’ and inserting ‘‘, the’’; and
23 (2) by inserting ‘‘, or the United States Mar-
24 shals Service’’ after ‘‘Federal Bureau of Investiga-
25 tion’’.
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200
2 to remain available until expended, for an additional
3 amount for ‘‘Department of Justice—General Administra-
4 tion’’, for expenses associated with the development and
5 operation of a database concerning substantiated in-
6 stances of excessive use of force related to law enforcement
7 matters and officer misconduct, as described by, and sub-
8 ject to the requirements of, section 3 of Executive Order
9 13929 (June 16, 2020), as such Executive Order was in
10 effect on the date of the enactment of this Act: Provided,
11 That the Attorney General may transfer the funds pro-
12 vided in this section to other appropriations accounts in
13 the Department of Justice to use for expenses associated
14 with the development and operation of such database: Pro-
15 vided further, That the transfer authority in the preceding
16 proviso is in addition to any other transfer authority con-
17 tained in this Act: Provided further, That any transfer
18 pursuant to the first proviso shall be treated as a re-
19 programming under section 505 of this Act and shall not
20 be available for obligation or expenditure except in compli-
21 ance with the procedures set forth in that section.
22 This title may be cited as the ‘‘Department of Justice
23 Appropriations Act, 2021’’.
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201
1 TITLE III
2 SCIENCE
3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY
4 For necessary expenses of the Office of Science and
5 Technology Policy, in carrying out the purposes of the Na-
6 tional Science and Technology Policy, Organization, and
7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
8 passenger motor vehicles, and services as authorized by
9 section 3109 of title 5, United States Code, not to exceed
10 $2,250 for official reception and representation expenses,
11 and rental of conference rooms in the District of Colum-
12 bia, $5,544,000.
13 NATIONAL SPACE COUNCIL
14 For necessary expenses of the National Space Coun-
15 cil, in carrying out the purposes of title V of Public Law
16 100–685 and Executive Order No. 13803, hire of pas-
17 senger motor vehicles, and services as authorized by sec-
18 tion 3109 of title 5, United States Code, not to exceed
20 $1,965,000: Provided, That notwithstanding any other
21 provision of law, the National Space Council may accept
22 personnel support from Federal agencies, departments,
23 and offices, and such Federal agencies, departments, and
24 offices may detail staff without reimbursement to the Na-
25 tional Space Council for purposes provided herein.
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202
1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
2 SCIENCE
3 For necessary expenses, not otherwise provided for,

4 in the conduct and support of science research and devel-
5 opment activities, including research, development, oper-
6 ations, support, and services; maintenance and repair, fa-
7 cility planning and design; space flight, spacecraft control,
8 and communications activities; program management; per-
9 sonnel and related costs, including uniforms or allowances
10 therefor, as authorized by sections 5901 and 5902 of title
11 5, United States Code; travel expenses; purchase and hire
12 of passenger motor vehicles; and purchase, lease, charter,
13 maintenance, and operation of mission and administrative
14 aircraft, $7,301,000,000, to remain available until Sep-
15 tember 30, 2022: Provided, That, $2,000,000,000 shall be
16 for Earth Science; $2,700,000,000 shall be for Planetary
17 Science; $1,356,200,000 shall be for Astrophysics;
18 $414,700,000 shall be for the James Webb Space Tele-
19 scope; $751,000,000 shall be for Heliophysics, and
20 $79,100,000 shall be for Biological and Physical Science:
21 Provided further, That the National Aeronautics and
22 Space Administration shall use the Space Launch System
23 (SLS) for the Europa Clipper mission if the SLS is avail-
24 able and if torsional loading analysis has confirmed Clip-
25 per’s appropriateness for SLS: Provided further, That, if
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203
1 the conditions in the preceding proviso cannot be met, the
2 Administrator shall conduct a full and open competition,
3 that is not limited to the launch vehicles listed in the NLS-
4 II contract of the Launch Services Program as of the date
5 of the enactment of this Act, to select a commercial launch
6 vehicle for Europa Clipper.
7 AERONAUTICS

9 in the conduct and support of aeronautics research and
10 development activities, including research, development,
11 operations, support, and services; maintenance and repair,
12 facility planning and design; space flight, spacecraft con-
13 trol, and communications activities; program manage-
14 ment; personnel and related costs, including uniforms or
15 allowances therefor, as authorized by sections 5901 and
16 5902 of title 5, United States Code; travel expenses; pur-
17 chase and hire of passenger motor vehicles; and purchase,
18 lease, charter, maintenance, and operation of mission and
19 administrative aircraft, $828,700,000, to remain available
20 until September 30, 2022.
21 SPACE TECHNOLOGY

23 in the conduct and support of space technology research
24 and development activities, including research, develop-
25 ment, operations, support, and services; maintenance and
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204
1 repair, facility planning and design; space flight, space-
2 craft control, and communications activities; program
3 management; personnel and related costs, including uni-
4 forms or allowances therefor, as authorized by sections
5 5901 and 5902 of title 5, United States Code; travel ex-
6 penses; purchase and hire of passenger motor vehicles; and
7 purchase, lease, charter, maintenance, and operation of
8 mission and administrative aircraft, $1,100,000,000, to
9 remain available until September 30, 2022: Provided,
10 That $227,000,000 shall be for RESTORE–L/SPace In-
11 frastructure DExterous Robot: Provided further, That
12 $110,000,000 shall be for the development, production,
13 and demonstration of a nuclear thermal propulsion sys-
14 tem, of which $80,000,000 shall be for the design of a
15 flight demonstration system: Provided further, That, not
16 later than 180 days after the enactment of this Act, the
17 National Aeronautics and Space Administration shall pro-
18 vide a plan for the design of a flight demonstration.
19 EXPLORATION

21 in the conduct and support of exploration research and
22 development activities, including research, development,
23 operations, support, and services; maintenance and repair,
24 facility planning and design; space flight, spacecraft con-
25 trol, and communications activities; program manage-
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205
1 ment; personnel and related costs, including uniforms or
2 allowances therefor, as authorized by sections 5901 and
3 5902 of title 5, United States Code; travel expenses; pur-
4 chase and hire of passenger motor vehicles; and purchase,
5 lease, charter, maintenance, and operation of mission and
6 administrative aircraft, $6,555,400,000, to remain avail-
7 able until September 30, 2022: Provided, That not less
8 than $1,406,700,000 shall be for the Orion Multi-Purpose
9 Crew Vehicle: Provided further, That not less than
10 $2,585,900,000 shall be for the Space Launch System
11 (SLS) launch vehicle, which shall have a lift capability not
12 less than 130 metric tons and which shall have core ele-
13 ments and an Exploration Upper Stage developed simulta-
14 neously to be used to the maximum extent practicable, in-
15 cluding for Earth to Moon missions and Moon landings:
16 Provided further, That of the amounts provided for SLS,
17 not less than $400,000,000 shall be for SLS Block 1B
18 development including the Exploration Upper Stage and
19 associated systems including related facilitization, to sup-
20 port an SLS Block 1B mission available to launch in 2025
21 in addition to the planned Block 1 missions for Artemis
22 1 through Artemis 3: Provided further, That $590,000,000
23 shall be for Exploration Ground Systems and associated
24 Block 1B activities, including $74,000,000 for a second
25 mobile launch platform: Provided further, That the Na-
December 21, 2020 (12:59 p.m.)

206
1 tional Aeronautics and Space Administration shall provide
2 to the Committees on Appropriations of the House of Rep-
3 resentatives and the Senate, concurrent with the annual
4 budget submission, a 5-year budget profile for an inte-
5 grated system that includes the SLS, the Orion Multi-Pur-
6 pose Crew Vehicle, and associated ground systems that
7 will ensure a crewed launch as early as possible, as well
8 as a system-based funding profile for a sustained launch
9 cadence that contemplates the use of an SLS Block 1B
10 cargo variant and associated ground systems: Provided
11 further, That $1,972,800,000 shall be for exploration re-
12 search and development.
13 SPACE OPERATIONS

15 in the conduct and support of space operations research
16 and development activities, including research, develop-
17 ment, operations, support and services; space flight, space-
18 craft control, and communications activities, including op-
19 erations, production, and services; maintenance and re-
20 pair, facility planning and design; program management;
21 personnel and related costs, including uniforms or allow-
22 ances therefor, as authorized by sections 5901 and 5902
23 of title 5, United States Code; travel expenses; purchase
24 and hire of passenger motor vehicles; and purchase, lease,
25 charter, maintenance, and operation of mission and ad-
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207
1 ministrative aircraft, $3,988,200,000, to remain available
3 SCIENCE, TECHNOLOGY, ENGINEERING, AND
4 MATHEMATICS ENGAGEMENT

6 in the conduct and support of aerospace and aeronautical
7 education research and development activities, including
8 research, development, operations, support, and services;
9 program management; personnel and related costs, includ-
10 ing uniforms or allowances therefor, as authorized by sec-
11 tions 5901 and 5902 of title 5, United States Code; travel
12 expenses; purchase and hire of passenger motor vehicles;
13 and purchase, lease, charter, maintenance, and operation
14 of mission and administrative aircraft, $127,000,000, to
15 remain available until September 30, 2022, of which
16 $26,000,000 shall be for the Established Program to
17 Stimulate Competitive Research and $51,000,000 shall be
18 for the National Space Grant College and Fellowship Pro-
19 gram.
20 SAFETY, SECURITY AND MISSION SERVICES

22 in the conduct and support of science, aeronautics, space
23 technology, exploration, space operations and education
24 research and development activities, including research,
25 development, operations, support, and services; mainte-
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208
1 nance and repair, facility planning and design; space
2 flight, spacecraft control, and communications activities;
3 program management; personnel and related costs, includ-
4 ing uniforms or allowances therefor, as authorized by sec-
5 tions 5901 and 5902 of title 5, United States Code; travel
6 expenses; purchase and hire of passenger motor vehicles;
7 not to exceed $63,000 for official reception and represen-
8 tation expenses; and purchase, lease, charter, mainte-
9 nance, and operation of mission and administrative air-
10 craft, $2,936,500,000, to remain available until Sep-
11 tember 30, 2022: Provided, That if available balances in
12 the ‘‘Science, Space, and Technology Education Trust
13 Fund’’ are not sufficient to provide for the grant disburse-
14 ments required under the third and fourth provisos under
15 such heading in the Department of Housing and Urban
16 Development-Independent Agencies Appropriations Act,
17 1989 (Public Law 100–404) as amended by the Depart-
18 ments of Veterans Affairs and Housing and Urban Devel-
19 opment, and Independent Agencies Appropriations Act,
20 1995 (Public Law 103–327) up to $1,000,000 shall be
21 available from amounts made available under this heading
22 to make such grant disbursements.
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209
1 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND
2 RESTORATION
3 For necessary expenses for construction of facilities

4 including repair, rehabilitation, revitalization, and modi-
5 fication of facilities, construction of new facilities and ad-
6 ditions to existing facilities, facility planning and design,
7 and restoration, and acquisition or condemnation of real
8 property, as authorized by law, and environmental compli-
9 ance and restoration, $390,278,000, to remain available
10 until September 30, 2026: Provided, That proceeds from
11 leases deposited into this account shall be available for a
12 period of 5 years to the extent and in amounts as provided
13 in annual appropriations Acts: Provided further, That such
14 proceeds referred to in the preceding proviso shall be avail-
15 able for obligation for fiscal year 2021 in an amount not
16 to exceed $18,700,000: Provided further, That each an-
17 nual budget request shall include an annual estimate of
18 gross receipts and collections and proposed use of all funds
19 collected pursuant to section 20145 of title 51, United
20 States Code.

23 General in carrying out the Inspector General Act of 1978,
24 $44,200,000, of which $500,000 shall remain available
December 21, 2020 (12:59 p.m.)

210
1 ADMINISTRATIVE PROVISIONS
3 Funds for any announced prize otherwise authorized

4 shall remain available, without fiscal year limitation, until
5 a prize is claimed or the offer is withdrawn.
6 Not to exceed 5 percent of any appropriation made
7 available for the current fiscal year for the National Aero-
8 nautics and Space Administration in this Act may be
9 transferred between such appropriations, but no such ap-
10 propriation, except as otherwise specifically provided, shall
12 fers. Any funds transferred to ‘‘Construction and Environ-
13 mental Compliance and Restoration’’ for construction ac-
14 tivities shall not increase that account by more than 20
15 percent. Balances so transferred shall be merged with and
16 available for the same purposes and the same time period
17 as the appropriations to which transferred. Any transfer
18 pursuant to this provision shall be treated as a reprogram-
19 ming of funds under section 505 of this Act and shall not
20 be available for obligation except in compliance with the
21 procedures set forth in that section.
22 Not to exceed 5 percent of any appropriation pro-
23 vided for the National Aeronautics and Space Administra-
24 tion under previous appropriations Acts that remains
25 available for obligation or expenditure in fiscal year 2021
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211
1 may be transferred between such appropriations, but no
2 such appropriation, except as otherwise specifically pro-
3 vided, shall be increased by more than 10 percent by any
4 such transfers. Any transfer pursuant to this provision
5 shall retain its original availability and shall be treated
6 as a reprogramming of funds under section 505 of this
7 Act and shall not be available for obligation except in com-
8 pliance with the procedures set forth in that section.
9 The spending plan required by this Act shall be pro-
10 vided by the National Aeronautics and Space Administra-
11 tion at the theme, program, project, and activity level. The
12 spending plan, as well as any subsequent change of an
13 amount established in that spending plan that meets the
14 notification requirements of section 505 of this Act, shall
15 be treated as a reprogramming under section 505 of this
16 Act and shall not be available for obligation or expenditure
17 except in compliance with the procedures set forth in that
18 section.
19 Not more than 40 percent of the amounts made avail-
20 able in this Act for the Gateway; Advanced Cislunar and
21 Surface Capabilities; Commercial LEO Development;
22 Human Landing System; and Lunar Discovery and Explo-
23 ration, excluding the Lunar Reconnaissance Orbiter, may
24 be obligated until the Administrator submits a multi-year
25 plan to the Committees on Appropriations of the House
December 21, 2020 (12:59 p.m.)

212
1 of Representatives and the Senate that identifies esti-
2 mated dates, by fiscal year, for Space Launch System
3 flights to build the Gateway; the commencement of part-
4 nerships with commercial entities for additional LEO mis-
5 sions to land humans and rovers on the Moon; and con-
6 ducting additional scientific activities on the Moon. The
7 multi-year plan shall include key milestones to be met by
8 fiscal year to achieve goals for each of the lunar programs
9 described in the previous sentence and funding required
10 by fiscal year to achieve such milestones, as well as fund-
11 ing provided in fiscal year 2021 and previous years.
12 Of the amounts provided for Exploration Systems
13 Development, $25,000,000 shall be transferred to Con-
14 struction and Environmental Compliance and Restoration
15 (CECR) for Exploration Construction of Facilities con-
16 sistent with direction provided in the explanatory state-
17 ment described in section 4 (in the matter preceding divi-
18 sion A of this consolidated Act). The authority provided
19 by this paragraph is in addition to the authority provided
20 by the second paragraph under this heading.
21 Not more than 20 percent or $50,000,000, whichever
22 is less, of the amounts made available in the current-year
23 CECR appropriation may be applied to CECR projects
24 funded under previous years’ CECR appropriation Acts.
25 Use of current-year funds under this provision shall be
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213
1 treated as a reprogramming of funds under section 505
2 of this act and shall not be available for obligation except
3 in compliance with the procedures set forth in that section.
4 NATIONAL SCIENCE FOUNDATION
5 RESEARCH AND RELATED ACTIVITIES
6 For necessary expenses in carrying out the National

7 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.),
8 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services
10 Code; maintenance and operation of aircraft and purchase
11 of flight services for research support; acquisition of air-
12 craft; and authorized travel; $6,909,769,000, to remain
13 available until September 30, 2022, of which not to exceed
14 $544,000,000 shall remain available until expended for
15 polar research and operations support, and for reimburse-
16 ment to other Federal agencies for operational and science
17 support and logistical and other related activities for the
18 United States Antarctic program: Provided, That receipts
19 for scientific support services and materials furnished by
20 the National Research Centers and other National Science
21 Foundation supported research facilities may be credited
22 to this appropriation.
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214
1 MAJOR RESEARCH EQUIPMENT AND FACILITIES
2 CONSTRUCTION
3 For necessary expenses for the acquisition, construc-

4 tion, commissioning, and upgrading of major research
5 equipment, facilities, and other such capital assets pursu-
6 ant to the National Science Foundation Act of 1950 (42
7 U.S.C. 1861 et seq.), including authorized travel,
9 EDUCATION AND HUMAN RESOURCES
10 For necessary expenses in carrying out science, math-

11 ematics, and engineering education and human resources
12 programs and activities pursuant to the National Science
13 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), includ-
14 ing services as authorized by section 3109 of title 5,
15 United States Code, authorized travel, and rental of con-
16 ference rooms in the District of Columbia, $968,000,000,
17 to remain available until September 30, 2022.
18 AGENCY OPERATIONS AND AWARD MANAGEMENT
19 For agency operations and award management nec-

20 essary in carrying out the National Science Foundation
21 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized
22 by section 3109 of title 5, United States Code; hire of pas-
23 senger motor vehicles; uniforms or allowances therefor, as
24 authorized by sections 5901 and 5902 of title 5, United
25 States Code; rental of conference rooms in the District of
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215
1 Columbia; and reimbursement of the Department of
2 Homeland Security for security guard services;
3 $345,640,000: Provided, That not to exceed $8,280 is for
5 further, That contracts may be entered into under this
6 heading in fiscal year 2021 for maintenance and operation
7 of facilities and for other services to be provided during
8 the next fiscal year.
9 OFFICE OF THE NATIONAL SCIENCE BOARD
10 For necessary expenses (including payment of sala-

11 ries, authorized travel, hire of passenger motor vehicles,
12 the rental of conference rooms in the District of Columbia,
13 and the employment of experts and consultants under sec-
14 tion 3109 of title 5, United States Code) involved in car-
15 rying out section 4 of the National Science Foundation
16 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209
17 (42 U.S.C. 1880 et seq.), $4,500,000: Provided, That not
18 to exceed $2,500 shall be available for official reception
19 and representation expenses.

22 General as authorized by the Inspector General Act of
23 1978, $17,850,000, of which $400,000 shall remain avail-
24 able until September 30, 2022.
December 21, 2020 (12:59 p.m.)

216
3 Not to exceed 5 percent of any appropriation made

4 available for the current fiscal year for the National
5 Science Foundation in this Act may be transferred be-
6 tween such appropriations, but no such appropriation shall
8 fers. Any transfer pursuant to this paragraph shall be
9 treated as a reprogramming of funds under section 505
10 of this Act and shall not be available for obligation except
11 in compliance with the procedures set forth in that section.
12 The Director of the National Science Foundation
13 (NSF) shall notify the Committees on Appropriations of
14 the House of Representatives and the Senate at least 30
15 days in advance of any planned divestment through trans-
16 fer, decommissioning, termination, or deconstruction of
17 any NSF-owned facilities or any NSF capital assets (in-
18 cluding land, structures, and equipment) valued greater
19 than $2,500,000.
20 This title may be cited as the ‘‘Science Appropria-
21 tions Act, 2021’’.
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217
1 TITLE IV
2 RELATED AGENCIES
3 COMMISSION ON CIVIL RIGHTS
5 For necessary expenses of the Commission on Civil

6 Rights, including hire of passenger motor vehicles,
7 $12,500,000: Provided, That none of the funds appro-
8 priated in this paragraph may be used to employ any indi-
9 viduals under Schedule C of subpart C of part 213 of title
10 5 of the Code of Federal Regulations exclusive of one spe-
11 cial assistant for each Commissioner: Provided further,
12 That none of the funds appropriated in this paragraph
13 shall be used to reimburse Commissioners for more than
14 75 billable days, with the exception of the chairperson,
15 who is permitted 125 billable days: Provided further, That
16 the Chair may accept and use any gift or donation to carry
17 out the work of the Commission: Provided further, That
18 none of the funds appropriated in this paragraph shall be
19 used for any activity or expense that is not explicitly au-
20 thorized by section 3 of the Civil Rights Commission Act
21 of 1983 (42 U.S.C. 1975a): Provided further, That not-
22 withstanding the preceding proviso, $500,000 shall be
23 used to separately fund the Commission on the Social Sta-
24 tus of Black Men and Boys.
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218
1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
3 For necessary expenses of the Equal Employment

4 Opportunity Commission as authorized by title VII of the
5 Civil Rights Act of 1964, the Age Discrimination in Em-
6 ployment Act of 1967, the Equal Pay Act of 1963, the
7 Americans with Disabilities Act of 1990, section 501 of
8 the Rehabilitation Act of 1973, the Civil Rights Act of
9 1991, the Genetic Information Nondiscrimination Act
10 (GINA) of 2008 (Public Law 110–233), the ADA Amend-
11 ments Act of 2008 (Public Law 110–325), and the Lilly
12 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in-
13 cluding services as authorized by section 3109 of title 5,
14 United States Code; hire of passenger motor vehicles as
15 authorized by section 1343(b) of title 31, United States
16 Code; nonmonetary awards to private citizens; and up to
17 $31,500,000 for payments to State and local enforcement
18 agencies for authorized services to the Commission,
19 $404,490,000: Provided, That the Commission is author-
20 ized to make available for official reception and represen-
21 tation expenses not to exceed $2,250 from available funds:
22 Provided further, That the Commission may take no action
23 to implement any workforce repositioning, restructuring,
24 or reorganization until such time as the Committees on
25 Appropriations of the House of Representatives and the
December 21, 2020 (12:59 p.m.)

219
1 Senate have been notified of such proposals, in accordance
2 with the reprogramming requirements of section 505 of
3 this Act: Provided further, That the Chair may accept and
4 use any gift or donation to carry out the work of the Com-
5 mission.
6 INTERNATIONAL TRADE COMMISSION
8 For necessary expenses of the International Trade

9 Commission, including hire of passenger motor vehicles
10 and services as authorized by section 3109 of title 5,
11 United States Code, and not to exceed $2,250 for official
12 reception and representation expenses, $103,000,000, to
14 LEGAL SERVICES CORPORATION
15 PAYMENT TO THE LEGAL SERVICES CORPORATION
16 For payment to the Legal Services Corporation to

17 carry out the purposes of the Legal Services Corporation
18 Act of 1974, $465,000,000, of which $425,500,000 is for
19 basic field programs and required independent audits;
20 $5,500,000 is for the Office of Inspector General, of which
21 such amounts as may be necessary may be used to conduct
22 additional audits of recipients; $23,000,000 is for manage-
23 ment and grants oversight; $4,250,000 is for client self-
24 help and information technology; $4,750,000 is for a Pro
25 Bono Innovation Fund; and $2,000,000 is for loan repay-
December 21, 2020 (12:59 p.m.)

220
1 ment assistance: Provided, That the Legal Services Cor-
2 poration may continue to provide locality pay to officers
3 and employees at a rate no greater than that provided by
4 the Federal Government to Washington, DC-based em-
5 ployees as authorized by section 5304 of title 5, United
6 States Code, notwithstanding section 1005(d) of the Legal
7 Services Corporation Act (42 U.S.C. 2996d(d)): Provided
8 further, That the authorities provided in section 205 of
9 this Act shall be applicable to the Legal Services Corpora-
10 tion: Provided further, That, for the purposes of section
11 505 of this Act, the Legal Services Corporation shall be
12 considered an agency of the United States Government.
13 ADMINISTRATIVE PROVISION—LEGAL SERVICES
14 CORPORATION
15 None of the funds appropriated in this Act to the

16 Legal Services Corporation shall be expended for any pur-
17 pose prohibited or limited by, or contrary to any of the
18 provisions of, sections 501, 502, 503, 504, 505, and 506
19 of Public Law 105–119, and all funds appropriated in this
20 Act to the Legal Services Corporation shall be subject to
21 the same terms and conditions set forth in such sections,
22 except that all references in sections 502 and 503 to 1997
23 and 1998 shall be deemed to refer instead to 2020 and
24 2021, respectively.
December 21, 2020 (12:59 p.m.)

221
1 MARINE MAMMAL COMMISSION
3 For necessary expenses of the Marine Mammal Com-

4 mission as authorized by title II of the Marine Mammal
5 Protection Act of 1972 (16 U.S.C. 1361 et seq.),
6 $3,769,000.
7 OFFICE OF THE UNITED STATES TRADE
8 REPRESENTATIVE
10 For necessary expenses of the Office of the United

11 States Trade Representative, including the hire of pas-
12 senger motor vehicles and the employment of experts and
13 consultants as authorized by section 3109 of title 5,
14 United States Code, $55,000,000, of which $1,000,000
15 shall remain available until expended: Provided, That of
16 the total amount made available under this heading, not
17 to exceed $124,000 shall be available for official reception
19 TRADE ENFORCEMENT TRUST FUND
21 For activities of the United States Trade Representa-

22 tive authorized by section 611 of the Trade Facilitation
23 and Trade Enforcement Act of 2015 (19 U.S.C. 4405),
24 including transfers, $15,000,000, to be derived from the
25 Trade Enforcement Trust Fund: Provided, That any
December 21, 2020 (12:59 p.m.)

222
1 transfer pursuant to subsection (d)(1) of such section shall
2 be treated as a reprogramming under section 505 of this
3 Act.
4 STATE JUSTICE INSTITUTE
6 For necessary expenses of the State Justice Institute,

7 as authorized by the State Justice Institute Act of 1984
8 (42 U.S.C. 10701 et seq.) $7,000,000, of which $500,000
9 shall remain available until September 30, 2022: Provided,
10 That not to exceed $2,250 shall be available for official
11 reception and representation expenses: Provided further,
12 That, for the purposes of section 505 of this Act, the State
13 Justice Institute shall be considered an agency of the
14 United States Government.
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223
1 TITLE V
3 (INCLUDING RESCISSIONS)

6 this Act shall be used for publicity or propaganda purposes
7 not authorized by the Congress.
11 SEC. 503. The expenditure of any appropriation
12 under this Act for any consulting service through procure-
13 ment contract, pursuant to section 3109 of title 5, United
14 States Code, shall be limited to those contracts where such
15 expenditures are a matter of public record and available
16 for public inspection, except where otherwise provided
17 under existing law, or under existing Executive order
18 issued pursuant to existing law.
19 SEC. 504. If any provision of this Act or the applica-
20 tion of such provision to any person or circumstances shall
21 be held invalid, the remainder of the Act and the applica-
22 tion of each provision to persons or circumstances other
23 than those as to which it is held invalid shall not be af-
24 fected thereby.
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224
1 SEC. 505. None of the funds provided under this Act,
2 or provided under previous appropriations Acts to the
3 agencies funded by this Act that remain available for obli-
4 gation or expenditure in fiscal year 2021, or provided from
5 any accounts in the Treasury of the United States derived
6 by the collection of fees available to the agencies funded
7 by this Act, shall be available for obligation or expenditure
8 through a reprogramming of funds that: (1) creates or ini-
9 tiates a new program, project, or activity; (2) eliminates
10 a program, project, or activity; (3) increases funds or per-
11 sonnel by any means for any project or activity for which
12 funds have been denied or restricted; (4) relocates an of-
13 fice or employees; (5) reorganizes or renames offices, pro-
14 grams, or activities; (6) contracts out or privatizes any
15 functions or activities presently performed by Federal em-
16 ployees; (7) augments existing programs, projects, or ac-
17 tivities in excess of $500,000 or 10 percent, whichever is
18 less, or reduces by 10 percent funding for any program,
19 project, or activity, or numbers of personnel by 10 percent;
20 or (8) results from any general savings, including savings
21 from a reduction in personnel, which would result in a
22 change in existing programs, projects, or activities as ap-
23 proved by Congress; unless the House and Senate Com-
24 mittees on Appropriations are notified 15 days in advance
25 of such reprogramming of funds.
December 21, 2020 (12:59 p.m.)

225
1 SEC. 506. (a) If it has been finally determined by
2 a court or Federal agency that any person intentionally
3 affixed a label bearing a ‘‘Made in America’’ inscription,
4 or any inscription with the same meaning, to any product
5 sold in or shipped to the United States that is not made
6 in the United States, the person shall be ineligible to re-
7 ceive any contract or subcontract made with funds made
8 available in this Act, pursuant to the debarment, suspen-
9 sion, and ineligibility procedures described in sections
10 9.400 through 9.409 of title 48, Code of Federal Regula-
11 tions.
12 (b)(1) To the extent practicable, with respect to au-
13 thorized purchases of promotional items, funds made
14 available by this Act shall be used to purchase items that
15 are manufactured, produced, or assembled in the United
16 States, its territories or possessions.
17 (2) The term ‘‘promotional items’’ has the meaning
18 given the term in OMB Circular A–87, Attachment B,
19 Item (1)(f)(3).
20 SEC. 507. (a) The Departments of Commerce and
21 Justice, the National Science Foundation, and the Na-
22 tional Aeronautics and Space Administration shall provide
24 resentatives and the Senate a quarterly report on the sta-
25 tus of balances of appropriations at the account level. For
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226
1 unobligated, uncommitted balances and unobligated, com-
2 mitted balances the quarterly reports shall separately
3 identify the amounts attributable to each source year of
4 appropriation from which the balances were derived. For
5 balances that are obligated, but unexpended, the quarterly
6 reports shall separately identify amounts by the year of
7 obligation.
8 (b) The report described in subsection (a) shall be
9 submitted within 30 days of the end of each quarter.
10 (c) If a department or agency is unable to fulfill any
11 aspect of a reporting requirement described in subsection
12 (a) due to a limitation of a current accounting system,
13 the department or agency shall fulfill such aspect to the
14 maximum extent practicable under such accounting sys-
15 tem and shall identify and describe in each quarterly re-
16 port the extent to which such aspect is not fulfilled.
17 SEC. 508. Any costs incurred by a department or
18 agency funded under this Act resulting from, or to pre-
19 vent, personnel actions taken in response to funding re-
20 ductions included in this Act shall be absorbed within the
21 total budgetary resources available to such department or
22 agency: Provided, That the authority to transfer funds be-
23 tween appropriations accounts as may be necessary to
24 carry out this section is provided in addition to authorities
25 included elsewhere in this Act: Provided further, That use
December 21, 2020 (12:59 p.m.)

227
1 of funds to carry out this section shall be treated as a
2 reprogramming of funds under section 505 of this Act and
3 shall not be available for obligation or expenditure except
4 in compliance with the procedures set forth in that section:
5 Provided further, That for the Department of Commerce,
6 this section shall also apply to actions taken for the care
7 and protection of loan collateral or grant property.
8 SEC. 509. None of the funds provided by this Act
9 shall be available to promote the sale or export of tobacco
10 or tobacco products, or to seek the reduction or removal
11 by any foreign country of restrictions on the marketing
12 of tobacco or tobacco products, except for restrictions
13 which are not applied equally to all tobacco or tobacco
14 products of the same type.
16 law, amounts deposited or available in the Fund estab-
17 lished by section 1402 of chapter XIV of title II of Public
18 Law 98–473 (34 U.S.C. 20101) in any fiscal year in ex-
19 cess of $2,015,000,000 shall not be available for obligation
20 until the following fiscal year: Provided, That notwith-
21 standing section 1402(d) of such Act, of the amounts
22 available from the Fund for obligation: (1) $10,000,000
23 shall be transferred to the Department of Justice Office
24 of Inspector General and remain available until expended
25 for oversight and auditing purposes associated with this
December 21, 2020 (12:59 p.m.)

228
1 section; and (2) 5 percent shall be available to the Office
2 for Victims of Crime for grants, consistent with the re-
3 quirements of the Victims of Crime Act, to Indian Tribes
4 to improve services for victims of crime.
6 Department of Justice in this Act may be used to discrimi-
7 nate against or denigrate the religious or moral beliefs of
8 students who participate in programs for which financial
9 assistance is provided from those funds, or of the parents
10 or legal guardians of such students.
11 SEC. 512. None of the funds made available in this
12 Act may be transferred to any department, agency, or in-
13 strumentality of the United States Government, except
14 pursuant to a transfer made by, or transfer authority pro-
15 vided in, this Act or any other appropriations Act.
16 SEC. 513. (a) The Inspectors General of the Depart-
17 ment of Commerce, the Department of Justice, the Na-
18 tional Aeronautics and Space Administration, the Na-
19 tional Science Foundation, and the Legal Services Cor-
20 poration shall conduct audits, pursuant to the Inspector
21 General Act (5 U.S.C. App.), of grants or contracts for
22 which funds are appropriated by this Act, and shall submit
23 reports to Congress on the progress of such audits, which
24 may include preliminary findings and a description of
25 areas of particular interest, within 180 days after initi-
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229
1 ating such an audit and every 180 days thereafter until
2 any such audit is completed.
3 (b) Within 60 days after the date on which an audit
4 described in subsection (a) by an Inspector General is
5 completed, the Secretary, Attorney General, Adminis-
6 trator, Director, or President, as appropriate, shall make
7 the results of the audit available to the public on the Inter-
8 net website maintained by the Department, Administra-
9 tion, Foundation, or Corporation, respectively. The results
10 shall be made available in redacted form to exclude—
11 (1) any matter described in section 552(b) of
12 title 5, United States Code; and
13 (2) sensitive personal information for any indi-
14 vidual, the public access to which could be used to
15 commit identity theft or for other inappropriate or
16 unlawful purposes.
17 (c) Any person awarded a grant or contract funded
18 by amounts appropriated by this Act shall submit a state-
19 ment to the Secretary of Commerce, the Attorney General,
20 the Administrator, Director, or President, as appropriate,
21 certifying that no funds derived from the grant or contract
22 will be made available through a subcontract or in any
23 other manner to another person who has a financial inter-
24 est in the person awarded the grant or contract.
December 21, 2020 (12:59 p.m.)

230
1 (d) The provisions of the preceding subsections of
2 this section shall take effect 30 days after the date on
3 which the Director of the Office of Management and
4 Budget, in consultation with the Director of the Office of
5 Government Ethics, determines that a uniform set of rules
6 and requirements, substantially similar to the require-
7 ments in such subsections, consistently apply under the
8 executive branch ethics program to all Federal depart-
9 ments, agencies, and entities.
10 SEC. 514. (a) None of the funds appropriated or oth-
11 erwise made available under this Act may be used by the
12 Departments of Commerce and Justice, the National Aer-
13 onautics and Space Administration, or the National
14 Science Foundation to acquire a high-impact or moderate-
15 impact information system, as defined for security cat-
16 egorization in the National Institute of Standards and
17 Technology’s (NIST) Federal Information Processing
18 Standard Publication 199, ‘‘Standards for Security Cat-
19 egorization of Federal Information and Information Sys-
20 tems’’ unless the agency has—
21 (1) reviewed the supply chain risk for the infor-
22 mation systems against criteria developed by NIST
23 and the Federal Bureau of Investigation (FBI) to
24 inform acquisition decisions for high-impact and
December 21, 2020 (12:59 p.m.)

231
1 moderate-impact information systems within the
2 Federal Government;
3 (2) reviewed the supply chain risk from the pre-
4 sumptive awardee against available and relevant
5 threat information provided by the FBI and other
6 appropriate agencies; and
7 (3) in consultation with the FBI or other ap-
8 propriate Federal entity, conducted an assessment of
9 any risk of cyber-espionage or sabotage associated
10 with the acquisition of such system, including any
11 risk associated with such system being produced,
12 manufactured, or assembled by one or more entities
13 identified by the United States Government as pos-
14 ing a cyber threat, including but not limited to,
15 those that may be owned, directed, or subsidized by
16 the People’s Republic of China, the Islamic Republic
17 of Iran, the Democratic People’s Republic of Korea,
18 or the Russian Federation.
19 (b) None of the funds appropriated or otherwise
20 made available under this Act may be used to acquire a
21 high-impact or moderate-impact information system re-
22 viewed and assessed under subsection (a) unless the head
23 of the assessing entity described in subsection (a) has—
December 21, 2020 (12:59 p.m.)

232
1 (1) developed, in consultation with NIST, the
2 FBI, and supply chain risk management experts, a
3 mitigation strategy for any identified risks;
4 (2) determined, in consultation with NIST and
5 the FBI, that the acquisition of such system is in
6 the national interest of the United States; and
7 (3) reported that determination to the Commit-
8 tees on Appropriations of the House of Representa-
9 tives and the Senate and the agency Inspector Gen-
10 eral.
12 Act shall be used in any way whatsoever to support or
13 justify the use of torture by any official or contract em-
14 ployee of the United States Government.
16 Act may be used to include in any new bilateral or multi-
17 lateral trade agreement the text of—
18 (1) paragraph 2 of article 16.7 of the United
19 States–Singapore Free Trade Agreement;
21 States–Australia Free Trade Agreement; or
23 States–Morocco Free Trade Agreement.
25 Act may be used to authorize or issue a national security
December 21, 2020 (12:59 p.m.)

233
1 letter in contravention of any of the following laws author-
2 izing the Federal Bureau of Investigation to issue national
3 security letters: The Right to Financial Privacy Act of
4 1978; The Electronic Communications Privacy Act of
5 1986; The Fair Credit Reporting Act; The National Secu-
6 rity Act of 1947; USA PATRIOT Act; USA FREEDOM
7 Act of 2015; and the laws amended by these Acts.
8 SEC. 518. If at any time during any quarter, the pro-
9 gram manager of a project within the jurisdiction of the
10 Departments of Commerce or Justice, the National Aero-
11 nautics and Space Administration, or the National Science
12 Foundation totaling more than $75,000,000 has reason-
13 able cause to believe that the total program cost has in-
14 creased by 10 percent or more, the program manager shall
15 immediately inform the respective Secretary, Adminis-
16 trator, or Director. The Secretary, Administrator, or Di-
17 rector shall notify the House and Senate Committees on
18 Appropriations within 30 days in writing of such increase,
19 and shall include in such notice: the date on which such
20 determination was made; a statement of the reasons for
21 such increases; the action taken and proposed to be taken
22 to control future cost growth of the project; changes made
23 in the performance or schedule milestones and the degree
24 to which such changes have contributed to the increase
25 in total program costs or procurement costs; new esti-
December 21, 2020 (12:59 p.m.)

234
1 mates of the total project or procurement costs; and a
2 statement validating that the project’s management struc-
3 ture is adequate to control total project or procurement
4 costs.
5 SEC. 519. Funds appropriated by this Act, or made
6 available by the transfer of funds in this Act, for intel-
7 ligence or intelligence related activities are deemed to be
8 specifically authorized by the Congress for purposes of sec-
9 tion 504 of the National Security Act of 1947 (50 U.S.C.
10 3094) during fiscal year 2021 until the enactment of the
11 Intelligence Authorization Act for fiscal year 2021.
13 wise made available by this Act may be used to enter into
14 a contract in an amount greater than $5,000,000 or to
15 award a grant in excess of such amount unless the pro-
16 spective contractor or grantee certifies in writing to the
17 agency awarding the contract or grant that, to the best
18 of its knowledge and belief, the contractor or grantee has
19 filed all Federal tax returns required during the three
20 years preceding the certification, has not been convicted
21 of a criminal offense under the Internal Revenue Code of
22 1986, and has not, more than 90 days prior to certifi-
23 cation, been notified of any unpaid Federal tax assessment
24 for which the liability remains unsatisfied, unless the as-
25 sessment is the subject of an installment agreement or
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235
1 offer in compromise that has been approved by the Inter-
2 nal Revenue Service and is not in default, or the assess-
3 ment is the subject of a non-frivolous administrative or
4 judicial proceeding.
5 (RESCISSIONS)
6 SEC. 521. (a) Of the unobligated balances from prior

7 year appropriations available to the Department of Com-
8 merce, the following funds are hereby permanently re-
9 scinded, not later than September 30, 2021, from the fol-
10 lowing accounts in the specified amounts—
11 (1) ‘‘Economic Development Administration,
12 Economic Development Assistance Programs’’,
13 $10,000,000; and
14 (2) ‘‘National Oceanic and Atmospheric Admin-
15 istration, Fisheries Enforcement Asset Forfeiture
16 Fund’’, $5,000,000.
17 (b) Of the unobligated balances available to the De-
18 partment of Justice, the following funds are hereby per-
19 manently rescinded, not later than September 30, 2021,
20 from the following accounts in the specified amounts—
21 (1) ‘‘Working Capital Fund’’, $188,000,000;
22 (2) ‘‘Federal Bureau of Investigation, Salaries
23 and Expenses’’, $80,000,000 including from, but not
24 limited to, fees collected to defray expenses for the
December 21, 2020 (12:59 p.m.)

236
1 automation of fingerprint identification and criminal
2 justice information services and associated costs;
3 (3) ‘‘State and Local Law Enforcement Activi-
4 ties, Office of Justice Programs’’, $127,000,000;
5 and
6 (4) ‘‘State and Local Law Enforcement Activi-
7 ties, Community Oriented Policing Services’’,
8 $15,000,000.
9 (c) The Departments of Commerce and Justice shall
10 submit to the Committees on Appropriations of the House
11 of Representatives and the Senate a report no later than
12 September 1, 2021, specifying the amount of each rescis-
13 sion made pursuant to subsections (a) and (b).
14 (d) The amounts rescinded in subsections (a) and (b)
15 shall not be from amounts that were designated by the
16 Congress as an emergency or disaster relief requirement
17 pursuant to the concurrent resolution on the budget or
18 the Balanced Budget and Emergency Deficit Control Act
19 of 1985.
21 Act may be used to purchase first class or premium airline
22 travel in contravention of sections 301–10.122 through
23 301–10.124 of title 41 of the Code of Federal Regulations.
25 Act may be used to send or otherwise pay for the attend-
December 21, 2020 (12:59 p.m.)

237
1 ance of more than 50 employees from a Federal depart-
2 ment or agency, who are stationed in the United States,
3 at any single conference occurring outside the United
4 States unless—
5 (1) such conference is a law enforcement train-
6 ing or operational conference for law enforcement
7 personnel and the majority of Federal employees in
8 attendance are law enforcement personnel stationed
9 outside the United States; or
10 (2) such conference is a scientific conference
11 and the department or agency head determines that
12 such attendance is in the national interest and noti-
13 fies the Committees on Appropriations of the House
14 of Representatives and the Senate within at least 15
15 days of that determination and the basis for that de-
16 termination.
17 SEC. 524. The Director of the Office of Management
18 and Budget shall instruct any department, agency, or in-
19 strumentality of the United States receiving funds appro-
20 priated under this Act to track undisbursed balances in
21 expired grant accounts and include in its annual perform-
22 ance plan and performance and accountability reports the
23 following:
December 21, 2020 (12:59 p.m.)

238
1 (1) Details on future action the department,
2 agency, or instrumentality will take to resolve
3 undisbursed balances in expired grant accounts.
4 (2) The method that the department, agency, or
5 instrumentality uses to track undisbursed balances
6 in expired grant accounts.
7 (3) Identification of undisbursed balances in ex-
8 pired grant accounts that may be returned to the
9 Treasury of the United States.
10 (4) In the preceding 3 fiscal years, details on
11 the total number of expired grant accounts with
12 undisbursed balances (on the first day of each fiscal
13 year) for the department, agency, or instrumentality
14 and the total finances that have not been obligated
15 to a specific project remaining in the accounts.
16 SEC. 525. To the extent practicable, funds made
17 available in this Act should be used to purchase light bulbs
18 that are ‘‘Energy Star’’ qualified or have the ‘‘Federal En-
19 ergy Management Program’’ designation.
20 SEC. 526. (a) None of the funds made available by
21 this Act may be used for the National Aeronautics and
22 Space Administration (NASA), the Office of Science and
23 Technology Policy (OSTP), or the National Space Council
24 (NSC) to develop, design, plan, promulgate, implement,
25 or execute a bilateral policy, program, order, or contract
December 21, 2020 (12:59 p.m.)

239
1 of any kind to participate, collaborate, or coordinate bilat-
2 erally in any way with China or any Chinese-owned com-
3 pany unless such activities are specifically authorized by
4 a law enacted after the date of enactment of this Act.
5 (b) None of the funds made available by this Act may
6 be used to effectuate the hosting of official Chinese visitors
7 at facilities belonging to or utilized by NASA.
8 (c) The limitations described in subsections (a) and
9 (b) shall not apply to activities which NASA, OSTP, or
10 NSC, after consultation with the Federal Bureau of Inves-
11 tigation, have certified—
12 (1) pose no risk of resulting in the transfer of
13 technology, data, or other information with national
14 security or economic security implications to China
15 or a Chinese-owned company; and
16 (2) will not involve knowing interactions with
17 officials who have been determined by the United
18 States to have direct involvement with violations of
19 human rights.
20 (d) Any certification made under subsection (c) shall
21 be submitted to the Committees on Appropriations of the
22 House of Representatives and the Senate, and the Federal
23 Bureau of Investigation, no later than 30 days prior to
24 the activity in question and shall include a description of
December 21, 2020 (12:59 p.m.)

240
1 the purpose of the activity, its agenda, its major partici-
2 pants, and its location and timing.
8 funds necessary for any Federal, State, Tribal, or local
9 law enforcement agency or any other entity carrying out
10 criminal investigations, prosecution, adjudication, or other
11 law enforcement- or victim assistance-related activity.
12 SEC. 528. The Departments of Commerce and Jus-
13 tice, the National Aeronautics and Space Administration,
14 the National Science Foundation, the Commission on Civil
15 Rights, the Equal Employment Opportunity Commission,
16 the International Trade Commission, the Legal Services
17 Corporation, the Marine Mammal Commission, the Offices
18 of Science and Technology Policy and the United States
19 Trade Representative, the National Space Council, and
20 the State Justice Institute shall submit spending plans,
21 signed by the respective department or agency head, to
22 the Committees on Appropriations of the House of Rep-
23 resentatives and the Senate not later than 45 days after
24 the date of enactment of this Act.
December 21, 2020 (12:59 p.m.)

241
2 this Act, none of the funds appropriated or otherwise
3 made available by this Act may be used to pay award or
4 incentive fees for contractor performance that has been
5 judged to be below satisfactory performance or for per-
6 formance that does not meet the basic requirements of a
7 contract.
9 Act may be used in contravention of section 7606 (‘‘Legit-
10 imacy of Industrial Hemp Research’’) of the Agricultural
11 Act of 2014 (Public Law 113–79) by the Department of
12 Justice or the Drug Enforcement Administration.
14 this Act to the Department of Justice may be used, with
15 respect to any of the States of Alabama, Alaska, Arizona,
16 Arkansas, California, Colorado, Connecticut, Delaware,
17 Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Ken-
18 tucky, Louisiana, Maine, Maryland, Massachusetts, Michi-
19 gan, Minnesota, Mississippi, Missouri, Montana, Nevada,
20 New Hampshire, New Jersey, New Mexico, New York,
21 North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
22 Pennsylvania, Rhode Island, South Carolina, South Da-
23 kota, Tennessee, Texas, Utah, Vermont, Virginia, Wash-
24 ington, West Virginia, Wisconsin, and Wyoming, or with
25 respect to the District of Columbia, the Commonwealth
December 21, 2020 (12:59 p.m.)

242
1 of the Northern Mariana Islands, the United States Virgin
2 Islands, Guam, or Puerto Rico, to prevent any of them
3 from implementing their own laws that authorize the use,
4 distribution, possession, or cultivation of medical mari-
5 juana.
6 SEC. 532. The Department of Commerce, the Na-
7 tional Aeronautics and Space Administration, and the Na-
8 tional Science Foundation shall provide a quarterly report
10 resentatives and the Senate on any official travel to China
11 by any employee of such Department or agency, including
12 the purpose of such travel.
13 SEC. 533. None of the funds provided in this Act
14 shall be available for obligation for the James Webb Space
15 Telescope (JWST) after December 31, 2021, if the indi-
16 vidual identified under subsection (c)(2)(E) of section
17 30104 of title 51, United States Code, as responsible for
18 JWST determines that the formulation and development
19 costs (with development cost as defined under section
20 30104 of title 51, United States Code) are likely to exceed
21 $8,802,700,000, unless the program is modified so that
22 the costs do not exceed $8,802,700,000.
23 SEC. 534. Of the amounts made available by this Act,
24 not less than 10 percent of each total amount provided,
25 respectively, for Public Works grants authorized by the
December 21, 2020 (12:59 p.m.)

243
1 Public Works and Economic Development Act of 1965 and
2 grants authorized by section 27 of the Stevenson-Wydler
3 Technology Innovation Act of 1980 (15 U.S.C. 3722) shall
4 be allocated for assistance in persistent poverty counties:
5 Provided, That for purposes of this section, the term ‘‘per-
6 sistent poverty counties’’ means any county that has had
7 20 percent or more of its population living in poverty over
8 the past 30 years, as measured by the 1990 and 2000
9 decennial censuses and the most recent Small Area In-
10 come and Poverty Estimates, or any Territory or posses-
11 sion of the United States.
13 wise made available in this or any other Act may be used
14 to transfer, release, or assist in the transfer or release to
15 or within the United States, its territories, or possessions
16 Khalid Sheikh Mohammed or any other detainee who—
17 (1) is not a United States citizen or a member
18 of the Armed Forces of the United States; and
19 (2) is or was held on or after June 24, 2009,
20 at the United States Naval Station, Guantanamo
21 Bay, Cuba, by the Department of Defense.
23 erwise made available in this or any other Act may be used
24 to construct, acquire, or modify any facility in the United
25 States, its territories, or possessions to house any indi-
December 21, 2020 (12:59 p.m.)

244
1 vidual described in subsection (c) for the purposes of de-
2 tention or imprisonment in the custody or under the effec-
3 tive control of the Department of Defense.
4 (b) The prohibition in subsection (a) shall not apply
5 to any modification of facilities at United States Naval
6 Station, Guantanamo Bay, Cuba.
7 (c) An individual described in this subsection is any
8 individual who, as of June 24, 2009, is located at United
9 States Naval Station, Guantanamo Bay, Cuba, and who—
10 (1) is not a citizen of the United States or a
11 member of the Armed Forces of the United States;
12 and
13 (2) is—
14 (A) in the custody or under the effective
15 control of the Department of Defense; or
16 (B) otherwise under detention at United
17 States Naval Station, Guantanamo Bay, Cuba.
18 SEC. 537. (a) Notwithstanding any other provision
19 of law or treaty, none of the funds appropriated or other-
20 wise made available under this Act or any other Act may
21 be expended or obligated by a department, agency, or in-
22 strumentality of the United States to pay administrative
23 expenses or to compensate an officer or employee of the
24 United States in connection with requiring an export li-
25 cense for the export to Canada of components, parts, ac-
December 21, 2020 (12:59 p.m.)

245
1 cessories or attachments for firearms listed in Category
2 I, section 121.1 of title 22, Code of Federal Regulations
3 (International Trafficking in Arms Regulations (ITAR),
4 part 121, as it existed on April 1, 2005) with a total value
5 not exceeding $500 wholesale in any transaction, provided
6 that the conditions of subsection (b) of this section are
7 met by the exporting party for such articles.
8 (b) The foregoing exemption from obtaining an ex-
9 port license—
10 (1) does not exempt an exporter from filing any
11 Shipper’s Export Declaration or notification letter
12 required by law, or from being otherwise eligible
13 under the laws of the United States to possess, ship,
14 transport, or export the articles enumerated in sub-
15 section (a); and
16 (2) does not permit the export without a license
17 of—
18 (A) fully automatic firearms and compo-
19 nents and parts for such firearms, other than
20 for end use by the Federal Government, or a
21 Provincial or Municipal Government of Canada;
22 (B) barrels, cylinders, receivers (frames) or
23 complete breech mechanisms for any firearm
24 listed in Category I, other than for end use by
December 21, 2020 (12:59 p.m.)

246
1 the Federal Government, or a Provincial or Mu-
2 nicipal Government of Canada; or
3 (C) articles for export from Canada to an-
4 other foreign destination.
5 (c) In accordance with this section, the District Di-
6 rectors of Customs and postmasters shall permit the per-
7 manent or temporary export without a license of any un-
8 classified articles specified in subsection (a) to Canada for
9 end use in Canada or return to the United States, or tem-
10 porary import of Canadian-origin items from Canada for
11 end use in the United States or return to Canada for a
12 Canadian citizen.
13 (d) The President may require export licenses under
14 this section on a temporary basis if the President deter-
15 mines, upon publication first in the Federal Register, that
16 the Government of Canada has implemented or main-
17 tained inadequate import controls for the articles specified
18 in subsection (a), such that a significant diversion of such
19 articles has and continues to take place for use in inter-
20 national terrorism or in the escalation of a conflict in an-
21 other nation. The President shall terminate the require-
22 ments of a license when reasons for the temporary require-
23 ments have ceased.
25 law, no department, agency, or instrumentality of the
December 21, 2020 (12:59 p.m.)

247
1 United States receiving appropriated funds under this Act
2 or any other Act shall obligate or expend in any way such
3 funds to pay administrative expenses or the compensation
4 of any officer or employee of the United States to deny
5 any application submitted pursuant to 22 U.S.C.
6 2778(b)(1)(B) and qualified pursuant to 27 CFR section
7 478.112 or .113, for a permit to import United States ori-
8 gin ‘‘curios or relics’’ firearms, parts, or ammunition.
10 Act may be used to pay the salaries or expenses of per-
11 sonnel to deny, or fail to act on, an application for the
12 importation of any model of shotgun if—
13 (1) all other requirements of law with respect to
14 the proposed importation are met; and
15 (2) no application for the importation of such
16 model of shotgun, in the same configuration, had
17 been denied by the Attorney General prior to Janu-
18 ary 1, 2011, on the basis that the shotgun was not
19 particularly suitable for or readily adaptable to
20 sporting purposes.
22 Act may be obligated or expended to implement the Arms
23 Trade Treaty until the Senate approves a resolution of
24 ratification for the Treaty.
December 21, 2020 (12:59 p.m.)

248
1 SEC. 541. For an additional amount for ‘‘United
2 States Marshals Service, Federal Prisoner Detention’’,
3 $125,000,000, to remain available until expended, to pre-
4 vent, prepare for, and respond to coronavirus, domestically
5 or internationally, including for necessary expenses related
6 to United States prisoners in the custody of the United
7 States Marshals Service, to be used only as authorized by
8 section 4013 of title 18, United States Code: Provided,
13 SEC. 542. For an additional amount for ‘‘Federal Bu-
14 reau of Investigation, Salaries and Expenses’’,
16 2022, to prevent, prepare for, and respond to coronavirus,
17 domestically or internationally, including the impact of
18 coronavirus on the work of the Department of Justice, to
19 make necessary improvements to the National Instant
20 Criminal Background Check System, and to offset the loss
21 resulting from the coronavirus pandemic of fees collected
22 pursuant to section 41104 of title 34, United States Code:
23 Provided, That such amount is designated by the Congress
24 as being for an emergency requirement pursuant to sec-
December 21, 2020 (12:59 p.m.)

249
1 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
3 SEC. 543. For an additional amount for ‘‘Federal
4 Prison System, Salaries and Expenses’’, $300,000,000, to
5 remain available until September 30, 2022, to prevent,
6 prepare for, and respond to coronavirus, domestically or
7 internationally, including the impact of coronavirus on the
8 work of the Department of Justice: Provided, That such
9 amount is designated by the Congress as being for an
13 This division may be cited as the ‘‘Commerce, Jus-
14 tice, Science, and Related Agencies Appropriations Act,
15 2021’’.
December 21, 2020 (12:59 p.m.)

250
1 DIVISION C—DEPARTMENT OF DEFENSE
3 TITLE I
4 MILITARY PERSONNEL
5 MILITARY PERSONNEL, ARMY
6 For pay, allowances, individual clothing, subsistence,
7 interest on deposits, gratuities, permanent change of sta-
8 tion travel (including all expenses thereof for organiza-
9 tional movements), and expenses of temporary duty travel
10 between permanent duty stations, for members of the
11 Army on active duty (except members of reserve compo-
12 nents provided for elsewhere), cadets, and aviation cadets;
13 for members of the Reserve Officers’ Training Corps; and
14 for payments pursuant to section 156 of Public Law 97–
15 377, as amended (42 U.S.C. 402 note), and to the Depart-
16 ment of Defense Military Retirement Fund,
17 $44,861,853,000.
18 MILITARY PERSONNEL, NAVY
23 between permanent duty stations, for members of the
24 Navy on active duty (except members of the Reserve pro-
25 vided for elsewhere), midshipmen, and aviation cadets; for
December 21, 2020 (12:59 p.m.)

251
1 members of the Reserve Officers’ Training Corps; and for
2 payments pursuant to section 156 of Public Law 97–377,
3 as amended (42 U.S.C. 402 note), and to the Department
4 of Defense Military Retirement Fund, $33,764,579,000.
5 MILITARY PERSONNEL, MARINE CORPS
10 between permanent duty stations, for members of the Ma-
11 rine Corps on active duty (except members of the Reserve
12 provided for elsewhere); and for payments pursuant to sec-
13 tion 156 of Public Law 97–377, as amended (42 U.S.C.
14 402 note), and to the Department of Defense Military Re-
15 tirement Fund, $14,557,436,000.
16 MILITARY PERSONNEL, AIR FORCE
21 between permanent duty stations, for members of the Air
22 Force on active duty (except members of reserve compo-
23 nents provided for elsewhere), cadets, and aviation cadets;
24 for members of the Reserve Officers’ Training Corps; and
25 for payments pursuant to section 156 of Public Law 97–
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252
1 377, as amended (42 U.S.C. 402 note), and to the Depart-
3 $32,784,171,000.
4 RESERVE PERSONNEL, ARMY
5 For pay, allowances, clothing, subsistence, gratuities,
6 travel, and related expenses for personnel of the Army Re-
7 serve on active duty under sections 10211, 10302, and
8 7038 of title 10, United States Code, or while serving on
9 active duty under section 12301(d) of title 10, United
10 States Code, in connection with performing duty specified
11 in section 12310(a) of title 10, United States Code, or
12 while undergoing reserve training, or while performing
13 drills or equivalent duty or other duty, and expenses au-
14 thorized by section 16131 of title 10, United States Code;
15 and for payments to the Department of Defense Military
16 Retirement Fund, $5,037,119,000.
17 RESERVE PERSONNEL, NAVY
19 travel, and related expenses for personnel of the Navy Re-
20 serve on active duty under section 10211 of title 10,
21 United States Code, or while serving on active duty under
22 section 12301(d) of title 10, United States Code, in con-
23 nection with performing duty specified in section 12310(a)
24 of title 10, United States Code, or while undergoing re-
25 serve training, or while performing drills or equivalent
December 21, 2020 (12:59 p.m.)

253
1 duty, and expenses authorized by section 16131 of title
2 10, United States Code; and for payments to the Depart-
4 $2,200,600,000.
5 RESERVE PERSONNEL, MARINE CORPS
7 travel, and related expenses for personnel of the Marine
8 Corps Reserve on active duty under section 10211 of title
9 10, United States Code, or while serving on active duty
10 under section 12301(d) of title 10, United States Code,
11 in connection with performing duty specified in section
12 12310(a) of title 10, United States Code, or while under-
13 going reserve training, or while performing drills or equiv-
14 alent duty, and for members of the Marine Corps platoon
15 leaders class, and expenses authorized by section 16131
16 of title 10, United States Code; and for payments to the
17 Department of Defense Military Retirement Fund,
18 $843,564,000.
19 RESERVE PERSONNEL, AIR FORCE
21 travel, and related expenses for personnel of the Air Force
22 Reserve on active duty under sections 10211, 10305, and
23 8038 of title 10, United States Code, or while serving on
24 active duty under section 12301(d) of title 10, United
December 21, 2020 (12:59 p.m.)

254
2 while undergoing reserve training, or while performing
3 drills or equivalent duty or other duty, and expenses au-
5 and for payments to the Department of Defense Military
6 Retirement Fund, $2,193,493,000.
7 NATIONAL GUARD PERSONNEL, ARMY
9 travel, and related expenses for personnel of the Army Na-
10 tional Guard while on duty under sections 10211, 10302,
11 or 12402 of title 10 or section 708 of title 32, United
12 States Code, or while serving on duty under section
13 12301(d) of title 10 or section 502(f) of title 32, United
16 while undergoing training, or while performing drills or
17 equivalent duty or other duty, and expenses authorized by
18 section 16131 of title 10, United States Code; and for pay-
19 ments to the Department of Defense Military Retirement
20 Fund, $8,663,999,000.
21 NATIONAL GUARD PERSONNEL, AIR FORCE
23 travel, and related expenses for personnel of the Air Na-
24 tional Guard on duty under sections 10211, 10305, or
25 12402 of title 10 or section 708 of title 32, United States
December 21, 2020 (12:59 p.m.)

255
1 Code, or while serving on duty under section 12301(d) of
2 title 10 or section 502(f) of title 32, United States Code,
3 in connection with performing duty specified in section
4 12310(a) of title 10, United States Code, or while under-
5 going training, or while performing drills or equivalent
6 duty or other duty, and expenses authorized by section
7 16131 of title 10, United States Code; and for payments
8 to the Department of Defense Military Retirement Fund,
9 $4,530,091,000.
December 21, 2020 (12:59 p.m.)

256
1 TITLE II
2 OPERATION AND MAINTENANCE
3 OPERATION AND MAINTENANCE, ARMY
4 For expenses, not otherwise provided for, necessary
5 for the operation and maintenance of the Army, as author-
6 ized by law, $38,418,982,000: Provided, That not to ex-
7 ceed $12,478,000 may be used for emergencies and ex-
8 traordinary expenses, to be expended upon the approval
9 or authority of the Secretary of the Army, and payments
10 may be made upon his certificate of necessity for confiden-
11 tial military purposes.
12 OPERATION AND MAINTENANCE, NAVY
14 for the operation and maintenance of the Navy and the
15 Marine Corps, as authorized by law, $47,632,527,000:
16 Provided, That not to exceed $15,055,000 may be used
17 for emergencies and extraordinary expenses, to be ex-
18 pended upon the approval or authority of the Secretary
19 of the Navy, and payments may be made upon his certifi-
20 cate of necessity for confidential military purposes.
21 OPERATION AND MAINTENANCE, MARINE CORPS
23 for the operation and maintenance of the Marine Corps,
24 as authorized by law, $7,286,184,000.
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257
1 OPERATION AND MAINTENANCE, AIR FORCE
3 for the operation and maintenance of the Air Force, as
4 authorized by law, $33,528,409,000: Provided, That not
5 to exceed $7,699,000 may be used for emergencies and
6 extraordinary expenses, to be expended upon the approval
7 or authority of the Secretary of the Air Force, and pay-
8 ments may be made upon his certificate of necessity for
9 confidential military purposes.
10 OPERATION AND MAINTENANCE, SPACE FORCE
12 for the operation and maintenance of the Space Force, as
13 authorized by law, $2,492,114,000.
14 OPERATION AND MAINTENANCE, DEFENSE-WIDE

17 for the operation and maintenance of activities and agen-
18 cies of the Department of Defense (other than the military
19 departments), as authorized by law, $39,048,990,000:
20 Provided, That not more than $3,000,000 may be used
21 for the Combatant Commander Initiative Fund authorized
22 under section 166a of title 10, United States Code: Pro-
23 vided further, That not to exceed $36,000,000 may be
24 used for emergencies and extraordinary expenses, to be ex-
25 pended upon the approval or authority of the Secretary
December 21, 2020 (12:59 p.m.)

258
1 of Defense, and payments may be made upon his certifi-
2 cate of necessity for confidential military purposes: Pro-
3 vided further, That of the funds provided under this head-
4 ing, not less than $48,000,000 shall be made available for
5 the Procurement Technical Assistance Cooperative Agree-
6 ment Program, of which not less than $4,500,000 shall
7 be available for centers defined in 10 U.S.C. 2411(1)(D):
8 Provided further, That none of the funds appropriated or
9 otherwise made available by this Act may be used to plan
10 or implement the consolidation of a budget or appropria-
11 tions liaison office of the Office of the Secretary of De-
12 fense, the office of the Secretary of a military department,
13 or the service headquarters of one of the Armed Forces
14 into a legislative affairs or legislative liaison office: Pro-
15 vided further, That $18,000,000, to remain available until
16 expended, is available only for expenses relating to certain
17 classified activities, and may be transferred as necessary
18 by the Secretary of Defense to operation and maintenance
19 appropriations or research, development, test and evalua-
20 tion appropriations, to be merged with and to be available
21 for the same time period as the appropriations to which
22 transferred: Provided further, That any ceiling on the in-
23 vestment item unit cost of items that may be purchased
24 with operation and maintenance funds shall not apply to
25 the funds described in the preceding proviso: Provided fur-
December 21, 2020 (12:59 p.m.)

259
1 ther, That of the funds provided under this heading,
2 $656,140,000, of which $434,630,000, to remain available
3 until September 30, 2022, shall be available for Inter-
4 national Security Cooperation Programs and other pro-
5 grams to provide support and assistance to foreign secu-
6 rity forces or other groups or individuals to conduct, sup-
7 port or facilitate counterterrorism, crisis response, or
8 building partner capacity programs: Provided further,
9 That the Secretary of Defense shall, not less than 15 days
10 prior to obligating funds made available in this section for
11 International Security Cooperation Programs, notify the
12 congressional defense committees in writing of the details
13 of any such obligation: Provided further, That the Sec-
14 retary of Defense shall provide quarterly reports to the
15 Committees on Appropriations of the House of Represent-
16 atives and the Senate on the use and status of funds made
17 available in this paragraph: Provided further, That the
18 transfer authority provided under this heading is in addi-
19 tion to any other transfer authority provided elsewhere in
20 this Act.
21 OPERATION AND MAINTENANCE, ARMY RESERVE
23 for the operation and maintenance, including training, or-
24 ganization, and administration, of the Army Reserve; re-
25 pair of facilities and equipment; hire of passenger motor
December 21, 2020 (12:59 p.m.)

260
1 vehicles; travel and transportation; care of the dead; re-
2 cruiting; procurement of services, supplies, and equip-
3 ment; and communications, $2,887,898,000.
4 OPERATION AND MAINTENANCE, NAVY RESERVE
7 ganization, and administration, of the Navy Reserve; re-
8 pair of facilities and equipment; hire of passenger motor
13 RESERVE
16 ganization, and administration, of the Marine Corps Re-
17 serve; repair of facilities and equipment; hire of passenger
18 motor vehicles; travel and transportation; care of the dead;
19 recruiting; procurement of services, supplies, and equip-
20 ment; and communications, $283,494,000.
21 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
24 ganization, and administration, of the Air Force Reserve;
25 repair of facilities and equipment; hire of passenger motor
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261
4 OPERATION AND MAINTENANCE, ARMY NATIONAL
5 GUARD
6 For expenses of training, organizing, and admin-
7 istering the Army National Guard, including medical and
8 hospital treatment and related expenses in non-Federal
9 hospitals; maintenance, operation, and repairs to struc-
10 tures and facilities; hire of passenger motor vehicles; per-
11 sonnel services in the National Guard Bureau; travel ex-
12 penses (other than mileage), as authorized by law for
13 Army personnel on active duty, for Army National Guard
14 division, regimental, and battalion commanders while in-
15 specting units in compliance with National Guard Bureau
16 regulations when specifically authorized by the Chief, Na-
17 tional Guard Bureau; supplying and equipping the Army
18 National Guard as authorized by law; and expenses of re-
19 pair, modification, maintenance, and issue of supplies and
20 equipment (including aircraft), $7,350,837,000.
21 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
22 For expenses of training, organizing, and admin-
23 istering the Air National Guard, including medical and
24 hospital treatment and related expenses in non-Federal
25 hospitals; maintenance, operation, and repairs to struc-
December 21, 2020 (12:59 p.m.)

262
1 tures and facilities; transportation of things, hire of pas-
2 senger motor vehicles; supplying and equipping the Air
3 National Guard, as authorized by law; expenses for repair,
4 modification, maintenance, and issue of supplies and
5 equipment, including those furnished from stocks under
6 the control of agencies of the Department of Defense;
7 travel expenses (other than mileage) on the same basis as
8 authorized by law for Air National Guard personnel on
9 active Federal duty, for Air National Guard commanders
10 while inspecting units in compliance with National Guard
11 Bureau regulations when specifically authorized by the
12 Chief, National Guard Bureau, $6,785,853,000.
13 UNITED STATES COURT OF APPEALS FOR THE ARMED
14 FORCES
15 For salaries and expenses necessary for the United
16 States Court of Appeals for the Armed Forces,
17 $15,211,000, of which not to exceed $5,000 may be used
18 for official representation purposes.
19 ENVIRONMENTAL RESTORATION, ARMY
21 For the Department of the Army, $264,285,000, to

22 remain available until transferred: Provided, That the Sec-
23 retary of the Army shall, upon determining that such
24 funds are required for environmental restoration, reduc-
25 tion and recycling of hazardous waste, removal of unsafe
December 21, 2020 (12:59 p.m.)

263
1 buildings and debris of the Department of the Army, or
2 for similar purposes, transfer the funds made available by
3 this appropriation to other appropriations made available
4 to the Department of the Army, to be merged with and
5 to be available for the same purposes and for the same
6 time period as the appropriations to which transferred:
7 Provided further, That upon a determination that all or
8 part of the funds transferred from this appropriation are
9 not necessary for the purposes provided herein, such
10 amounts may be transferred back to this appropriation:
11 Provided further, That the transfer authority provided
12 under this heading is in addition to any other transfer au-
13 thority provided elsewhere in this Act.
14 ENVIRONMENTAL RESTORATION, NAVY
16 For the Department of the Navy, $421,250,000, to

18 retary of the Navy shall, upon determining that such
21 buildings and debris of the Department of the Navy, or
22 for similar purposes, transfer the funds made available by
23 this appropriation to other appropriations made available
24 to the Department of the Navy, to be merged with and
25 to be available for the same purposes and for the same
December 21, 2020 (12:59 p.m.)

264
1 time period as the appropriations to which transferred:
2 Provided further, That upon a determination that all or
3 part of the funds transferred from this appropriation are
4 not necessary for the purposes provided herein, such
8 thority provided elsewhere in this Act.
9 ENVIRONMENTAL RESTORATION, AIR FORCE
11 For the Department of the Air Force, $509,250,000,

12 to remain available until transferred: Provided, That the
13 Secretary of the Air Force shall, upon determining that
14 such funds are required for environmental restoration, re-
15 duction and recycling of hazardous waste, removal of un-
16 safe buildings and debris of the Department of the Air
17 Force, or for similar purposes, transfer the funds made
18 available by this appropriation to other appropriations
19 made available to the Department of the Air Force, to be
20 merged with and to be available for the same purposes
21 and for the same time period as the appropriations to
22 which transferred: Provided further, That upon a deter-
23 mination that all or part of the funds transferred from
24 this appropriation are not necessary for the purposes pro-
25 vided herein, such amounts may be transferred back to
December 21, 2020 (12:59 p.m.)

265
1 this appropriation: Provided further, That the transfer au-
2 thority provided under this heading is in addition to any
3 other transfer authority provided elsewhere in this Act.
4 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
6 For the Department of Defense, $19,952,000, to re-

7 main available until transferred: Provided, That the Sec-
8 retary of Defense shall, upon determining that such funds
9 are required for environmental restoration, reduction and
10 recycling of hazardous waste, removal of unsafe buildings
11 and debris of the Department of Defense, or for similar
12 purposes, transfer the funds made available by this appro-
13 priation to other appropriations made available to the De-
14 partment of Defense, to be merged with and to be avail-
15 able for the same purposes and for the same time period
16 as the appropriations to which transferred: Provided fur-
17 ther, That upon a determination that all or part of the
18 funds transferred from this appropriation are not nec-
19 essary for the purposes provided herein, such amounts
20 may be transferred back to this appropriation: Provided
21 further, That the transfer authority provided under this
22 heading is in addition to any other transfer authority pro-
23 vided elsewhere in this Act.
December 21, 2020 (12:59 p.m.)

266
1 ENVIRONMENTAL RESTORATION, FORMERLY USED
2 DEFENSE SITES
4 For the Department of the Army, $288,750,000, to

6 retary of the Army shall, upon determining that such
9 buildings and debris at sites formerly used by the Depart-
10 ment of Defense, transfer the funds made available by this
11 appropriation to other appropriations made available to
12 the Department of the Army, to be merged with and to
13 be available for the same purposes and for the same time
14 period as the appropriations to which transferred: Pro-
15 vided further, That upon a determination that all or part
16 of the funds transferred from this appropriation are not
17 necessary for the purposes provided herein, such amounts
18 may be transferred back to this appropriation: Provided
19 further, That the transfer authority provided under this
20 heading is in addition to any other transfer authority pro-
21 vided elsewhere in this Act.
22 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
23 For expenses relating to the Overseas Humanitarian,
24 Disaster, and Civic Aid programs of the Department of
25 Defense (consisting of the programs provided under sec-
December 21, 2020 (12:59 p.m.)

267
1 tions 401, 402, 404, 407, 2557, and 2561 of title 10,
2 United States Code), $147,500,000, to remain available
3 until September 30, 2022: Provided, That such amounts
4 shall not be subject to the limitation in section 407(c)(3)
5 of title 10, United States Code.
6 COOPERATIVE THREAT REDUCTION ACCOUNT
7 For assistance, including assistance provided by con-
8 tract or by grants, under programs and activities of the
9 Department of Defense Cooperative Threat Reduction
10 Program authorized under the Department of Defense Co-
11 operative Threat Reduction Act, $360,190,000, to remain
12 available until September 30, 2023.
13 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
14 DEVELOPMENT ACCOUNT
15 For the Department of Defense Acquisition Work-
16 force Development Account, $88,181,000, to remain avail-
17 able for obligation until September 30, 2021: Provided,
18 That no other amounts may be otherwise credited or
19 transferred to the Account, or deposited into the Account,
20 in fiscal year 2021 pursuant to section 1705(d) of title
21 10, United States Code.
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268
1 TITLE III
2 PROCUREMENT
3 AIRCRAFT PROCUREMENT, ARMY
4 For construction, procurement, production, modifica-
5 tion, and modernization of aircraft, equipment, including
6 ordnance, ground handling equipment, spare parts, and
7 accessories therefor; specialized equipment and training
8 devices; expansion of public and private plants, including
9 the land necessary therefor, for the foregoing purposes,
10 and such lands and interests therein, may be acquired,
11 and construction prosecuted thereon prior to approval of
12 title; and procurement and installation of equipment, ap-
13 pliances, and machine tools in public and private plants;
14 reserve plant and Government and contractor-owned
15 equipment layaway; and other expenses necessary for the
16 foregoing purposes, $3,457,342,000, to remain available
17 for obligation until September 30, 2023.
18 MISSILE PROCUREMENT, ARMY
20 tion, and modernization of missiles, equipment, including
21 ordnance, ground handling equipment, spare parts, and
22 accessories therefor; specialized equipment and training
23 devices; expansion of public and private plants, including
24 the land necessary therefor, for the foregoing purposes,
25 and such lands and interests therein, may be acquired,
December 21, 2020 (12:59 p.m.)

269
2 title; and procurement and installation of equipment, ap-
3 pliances, and machine tools in public and private plants;
4 reserve plant and Government and contractor-owned
5 equipment layaway; and other expenses necessary for the
6 foregoing purposes, $3,220,541,000, to remain available
8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT
9 VEHICLES, ARMY
10 For construction, procurement, production, and
11 modification of weapons and tracked combat vehicles,
12 equipment, including ordnance, spare parts, and acces-
13 sories therefor; specialized equipment and training devices;
14 expansion of public and private plants, including the land
15 necessary therefor, for the foregoing purposes, and such
16 lands and interests therein, may be acquired, and con-
17 struction prosecuted thereon prior to approval of title; and
18 procurement and installation of equipment, appliances,
19 and machine tools in public and private plants; reserve
20 plant and Government and contractor-owned equipment
21 layaway; and other expenses necessary for the foregoing
22 purposes, $3,611,887,000, to remain available for obliga-
23 tion until September 30, 2023.
December 21, 2020 (12:59 p.m.)

270
1 PROCUREMENT OF AMMUNITION, ARMY
3 modification of ammunition, and accessories therefor; spe-
4 cialized equipment and training devices; expansion of pub-
5 lic and private plants, including ammunition facilities, au-
6 thorized by section 2854 of title 10, United States Code,
7 and the land necessary therefor, for the foregoing pur-
8 poses, and such lands and interests therein, may be ac-
9 quired, and construction prosecuted thereon prior to ap-
10 proval of title; and procurement and installation of equip-
11 ment, appliances, and machine tools in public and private
12 plants; reserve plant and Government and contractor-
13 owned equipment layaway; and other expenses necessary
14 for the foregoing purposes, $2,790,140,000, to remain
15 available for obligation until September 30, 2023.
16 OTHER PROCUREMENT, ARMY
18 modification of vehicles, including tactical, support, and
19 non-tracked combat vehicles; the purchase of passenger
20 motor vehicles for replacement only; communications and
21 electronic equipment; other support equipment; spare
22 parts, ordnance, and accessories therefor; specialized
23 equipment and training devices; expansion of public and
24 private plants, including the land necessary therefor, for
25 the foregoing purposes, and such lands and interests
December 21, 2020 (12:59 p.m.)

271
1 therein, may be acquired, and construction prosecuted
2 thereon prior to approval of title; and procurement and
3 installation of equipment, appliances, and machine tools
4 in public and private plants; reserve plant and Govern-
5 ment and contractor-owned equipment layaway; and other
6 expenses necessary for the foregoing purposes,
7 $8,603,112,000, to remain available for obligation until
9 AIRCRAFT PROCUREMENT, NAVY
11 tion, and modernization of aircraft, equipment, including
12 ordnance, spare parts, and accessories therefor; specialized
13 equipment; expansion of public and private plants, includ-
14 ing the land necessary therefor, and such lands and inter-
15 ests therein, may be acquired, and construction prosecuted
16 thereon prior to approval of title; and procurement and
17 installation of equipment, appliances, and machine tools
18 in public and private plants; reserve plant and Govern-
19 ment and contractor-owned equipment layaway,
22 WEAPONS PROCUREMENT, NAVY
24 tion, and modernization of missiles, torpedoes, other weap-
25 ons, and related support equipment including spare parts,
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272
1 and accessories therefor; expansion of public and private
2 plants, including the land necessary therefor, and such
4 struction prosecuted thereon prior to approval of title; and
5 procurement and installation of equipment, appliances,
6 and machine tools in public and private plants; reserve
7 plant and Government and contractor-owned equipment
8 layaway, $4,477,773,000, to remain available for obliga-
9 tion until September 30, 2023.
10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE
11 CORPS
24 for the foregoing purposes, $792,023,000, to remain avail-
25 able for obligation until September 30, 2023.
December 21, 2020 (12:59 p.m.)

273
1 SHIPBUILDING AND CONVERSION, NAVY
2 For expenses necessary for the construction, acquisi-
3 tion, or conversion of vessels as authorized by law, includ-
4 ing armor and armament thereof, plant equipment, appli-
5 ances, and machine tools and installation thereof in public
6 and private plants; reserve plant and Government and con-
7 tractor-owned equipment layaway; procurement of critical,
8 long lead time components and designs for vessels to be
9 constructed or converted in the future; and expansion of
10 public and private plants, including land necessary there-
11 for, and such lands and interests therein, may be acquired,
13 title, as follows:
14 Columbia Class Submarine, $2,869,024,000;
15 Columbia Class Submarine (AP),
16 $1,253,175,000;
17 Carrier Replacement Program (CVN–80),
18 $958,933,000;
19 Carrier Replacement Program (CVN–81),
20 $1,606,432,000;
21 Virginia Class Submarine, $4,603,213,000;
22 Virginia Class Submarine (AP),
23 $2,173,187,000;
24 CVN Refueling Overhauls, $1,531,153,000;
25 CVN Refueling Overhauls (AP), $17,384,000;
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1 DDG–1000 Program, $78,205,000;
2 DDG–51 Destroyer, $3,219,843,000;
3 DDG–51 Destroyer (AP), $159,297,000;
4 FFG–Frigate, $1,053,123,000;
5 LPD Flight II, $1,125,801,000;
6 LPD 32 (AP), $1,000,000;
7 LPD 33 (AP), $1,000,000;
8 Expeditionary Sea Base (AP), $73,000,000;
9 LHA Replacement, $500,000,000;
10 Expeditionary Fast Transport, $260,000,000;
11 TAO Fleet Oiler, $20,000,000;
12 Towing, Salvage, and Rescue Ship,
13 $157,790,000;
14 LCU 1700, $87,395,000;
15 Service Craft, $244,147,000;
16 LCAC SLEP, $56,461,000;
17 Auxiliary Vessels, $60,000,000;
18 For outfitting, post delivery, conversions, and
19 first destination transportation, $752,005,000; and
20 Completion of Prior Year Shipbuilding Pro-
21 grams, $407,312,000.
22 In all: $23,268,880,000, to remain available for obli-
23 gation until September 30, 2025: Provided, That addi-
24 tional obligations may be incurred after September 30,
25 2025, for engineering services, tests, evaluations, and
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275
1 other such budgeted work that must be performed in the
2 final stage of ship construction: Provided further, That
3 none of the funds provided under this heading for the con-
4 struction or conversion of any naval vessel to be con-
5 structed in shipyards in the United States shall be ex-
6 pended in foreign facilities for the construction of major
7 components of such vessel: Provided further, That none
8 of the funds provided under this heading shall be used
9 for the construction of any naval vessel in foreign ship-
10 yards: Provided further, That funds appropriated or other-
11 wise made available by this Act for Columbia Class Sub-
12 marine (AP) may be available for the purposes authorized
13 by subsections (f), (g), (h) or (i) of section 2218a of title
14 10, United States Code, only in accordance with the provi-
15 sions of the applicable subsection.
16 OTHER PROCUREMENT, NAVY
17 For procurement, production, and modernization of
18 support equipment and materials not otherwise provided
19 for, Navy ordnance (except ordnance for new aircraft, new
20 ships, and ships authorized for conversion); the purchase
21 of passenger motor vehicles for replacement only; expan-
22 sion of public and private plants, including the land nec-
23 essary therefor, and such lands and interests therein, may
24 be acquired, and construction prosecuted thereon prior to
25 approval of title; and procurement and installation of
December 21, 2020 (12:59 p.m.)

276
1 equipment, appliances, and machine tools in public and
2 private plants; reserve plant and Government and con-
3 tractor-owned equipment layaway, $10,512,209,000, to
4 remain available for obligation until September 30, 2023:
5 Provided, That such funds are also available for the main-
6 tenance, repair, and modernization of Pacific Fleet ships
7 under a pilot program established for such purposes.
8 PROCUREMENT, MARINE CORPS
9 For expenses necessary for the procurement, manu-
10 facture, and modification of missiles, armament, military
11 equipment, spare parts, and accessories therefor; plant
12 equipment, appliances, and machine tools, and installation
13 thereof in public and private plants; reserve plant and
14 Government and contractor-owned equipment layaway; ve-
15 hicles for the Marine Corps, including the purchase of pas-
16 senger motor vehicles for replacement only; and expansion
17 of public and private plants, including land necessary
18 therefor, and such lands and interests therein, may be ac-
20 proval of title, $2,648,375,000, to remain available for ob-
21 ligation until September 30, 2023.
22 AIRCRAFT PROCUREMENT, AIR FORCE
23 For construction, procurement, and modification of
24 aircraft and equipment, including armor and armament,
25 specialized ground handling equipment, and training de-
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277
1 vices, spare parts, and accessories therefor; specialized
2 equipment; expansion of public and private plants, Gov-
3 ernment-owned equipment and installation thereof in such
4 plants, erection of structures, and acquisition of land, for
7 thereon prior to approval of title; reserve plant and Gov-
8 ernment and contractor-owned equipment layaway; and
9 other expenses necessary for the foregoing purposes in-
10 cluding rents and transportation of things,
13 MISSILE PROCUREMENT, AIR FORCE
15 missiles, rockets, and related equipment, including spare
16 parts and accessories therefor; ground handling equip-
17 ment, and training devices; expansion of public and pri-
18 vate plants, Government-owned equipment and installa-
19 tion thereof in such plants, erection of structures, and ac-
20 quisition of land, for the foregoing purposes, and such
22 struction prosecuted thereon prior to approval of title; re-
23 serve plant and Government and contractor-owned equip-
24 ment layaway; and other expenses necessary for the fore-
25 going purposes including rents and transportation of
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278
1 things, $2,142,181,000, to remain available for obligation
3 PROCUREMENT OF AMMUNITION, AIR FORCE
16 for the foregoing purposes, $550,844,000, to remain avail-
18 OTHER PROCUREMENT, AIR FORCE
19 For procurement and modification of equipment (in-
20 cluding ground guidance and electronic control equipment,
21 and ground electronic and communication equipment),
22 and supplies, materials, and spare parts therefor, not oth-
23 erwise provided for; the purchase of passenger motor vehi-
24 cles for replacement only; lease of passenger motor vehi-
25 cles; and expansion of public and private plants, Govern-
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279
1 ment-owned equipment and installation thereof in such
2 plants, erection of structures, and acquisition of land, for
5 thereon, prior to approval of title; reserve plant and Gov-
6 ernment and contractor-owned equipment layaway,
9 PROCUREMENT, SPACE FORCE
11 spacecraft, rockets, and related equipment, including
12 spare parts and accessories therefor; ground handling
13 equipment, and training devices; expansion of public and
14 private plants, Government-owned equipment and installa-
15 tion thereof in such plants, erection of structures, and ac-
16 quisition of land, for the foregoing purposes, and such
18 struction prosecuted thereon prior to approval of title; re-
19 serve plant and Government and contractor-owned equip-
20 ment layaway; and other expenses necessary for the fore-
21 going purposes including rents and transportation of
22 things, $2,310,994,000, to remain available for obligation
December 21, 2020 (12:59 p.m.)

280
1 PROCUREMENT, DEFENSE-WIDE
2 For expenses of activities and agencies of the Depart-
3 ment of Defense (other than the military departments)
4 necessary for procurement, production, and modification
5 of equipment, supplies, materials, and spare parts there-
6 for, not otherwise provided for; the purchase of passenger
7 motor vehicles for replacement only; expansion of public
8 and private plants, equipment, and installation thereof in
9 such plants, erection of structures, and acquisition of land
10 for the foregoing purposes, and such lands and interests
12 thereon prior to approval of title; reserve plant and Gov-
13 ernment and contractor-owned equipment layaway,
16 DEFENSE PRODUCTION ACT PURCHASES
17 For activities by the Department of Defense pursuant
18 to sections 108, 301, 302, and 303 of the Defense Produc-
19 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533),
21 vided, That no less than $60,000,000 of the funds pro-
22 vided under this heading shall be obligated and expended
23 by the Secretary of Defense in behalf of the Department
24 of Defense as if delegated the necessary authorities con-
25 ferred by the Defense Production Act of 1950.
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281
1 TITLE IV
2 RESEARCH, DEVELOPMENT, TEST AND
3 EVALUATION
4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
5 ARMY
6 For expenses necessary for basic and applied sci-
7 entific research, development, test and evaluation, includ-
8 ing maintenance, rehabilitation, lease, and operation of fa-
9 cilities and equipment, $13,969,032,000, to remain avail-
12 NAVY
17 able for obligation until September 30, 2022: Provided,
18 That funds appropriated in this paragraph which are
19 available for the V–22 may be used to meet unique oper-
20 ational requirements of the Special Operations Forces.
22 AIR FORCE
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282
4 SPACE FORCE
11 DEFENSE-WIDE
12 For expenses of activities and agencies of the Depart-
13 ment of Defense (other than the military departments),
14 necessary for basic and applied scientific research, devel-
15 opment, test and evaluation; advanced research projects
16 as may be designated and determined by the Secretary
17 of Defense, pursuant to law; maintenance, rehabilitation,
18 lease, and operation of facilities and equipment,
21 OPERATIONAL TEST AND EVALUATION, DEFENSE
23 for the independent activities of the Director, Operational
24 Test and Evaluation, in the direction and supervision of
25 operational test and evaluation, including initial oper-
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283
1 ational test and evaluation which is conducted prior to,
2 and in support of, production decisions; joint operational
3 testing and evaluation; and administrative expenses in
4 connection therewith, $257,120,000, to remain available
December 21, 2020 (12:59 p.m.)

284
1 TITLE V
2 REVOLVING AND MANAGEMENT FUNDS
3 DEFENSE WORKING CAPITAL FUNDS
4 For the Defense Working Capital Funds,
5 $1,473,910,000.
6 TITLE VI
7 OTHER DEPARTMENT OF DEFENSE PROGRAMS
8 DEFENSE HEALTH PROGRAM
9 For expenses, not otherwise provided for, for medical
10 and health care programs of the Department of Defense
11 as authorized by law, $33,684,607,000; of which
12 $30,747,659,000 shall be for operation and maintenance,
13 of which not to exceed one percent shall remain available
14 for obligation until September 30, 2022, and of which up
15 to $16,008,365,000 may be available for contracts entered
16 into under the TRICARE program; of which
17 $544,369,000, to remain available for obligation until Sep-
18 tember 30, 2023, shall be for procurement; and of which
20 September 30, 2022, shall be for research, development,
21 test and evaluation: Provided, That, notwithstanding any
22 other provision of law, of the amount made available under
23 this heading for research, development, test and evalua-
24 tion, not less than $8,000,000 shall be available for HIV
25 prevention educational activities undertaken in connection
December 21, 2020 (12:59 p.m.)

285
1 with United States military training, exercises, and hu-
2 manitarian assistance activities conducted primarily in Af-
3 rican nations: Provided further, That of the funds provided
4 under this heading for research, development, test and
5 evaluation, not less than $1,489,000,000 shall be made
6 available to the United States Army Medical Research and
7 Development Command to carry out the congressionally
8 directed medical research programs: Provided further,
9 That the Secretary of Defense shall submit to the congres-
10 sional defense committees quarterly reports on the current
11 status of the deployment of the electronic health record:
12 Provided further, That the Secretary of Defense shall pro-
13 vide notice to the congressional defense committees not
14 later than 10 business days after delaying the proposed
15 timeline of such deployment if such delay is longer than
16 1 week: Provided further, That the Comptroller General
17 of the United States shall perform quarterly performance
18 reviews of such deployment.
19 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
20 DEFENSE
22 for the destruction of the United States stockpile of lethal
23 chemical agents and munitions in accordance with the pro-
24 visions of section 1412 of the Department of Defense Au-
25 thorization Act, 1986 (50 U.S.C. 1521), and for the de-
December 21, 2020 (12:59 p.m.)

286
1 struction of other chemical warfare materials that are not
2 in the chemical weapon stockpile, $1,049,800,000, of
3 which $106,691,000 shall be for operation and mainte-
4 nance, of which no less than $51,009,000 shall be for the
5 Chemical Stockpile Emergency Preparedness Program,
6 consisting of $22,235,000 for activities on military instal-
7 lations and $28,774,000, to remain available until Sep-
8 tember 30, 2022, to assist State and local governments;
9 $616,000 shall be for procurement, to remain available
10 until September 30, 2023, of which not less than
11 $616,000 shall be for the Chemical Stockpile Emergency
12 Preparedness Program to assist State and local govern-
13 ments; and $942,493,000, to remain available until Sep-
14 tember 30, 2022, shall be for research, development, test
15 and evaluation, of which $935,999,000 shall only be for
16 the Assembled Chemical Weapons Alternatives program.
17 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
18 DEFENSE
20 For drug interdiction and counter-drug activities of

21 the Department of Defense, for transfer to appropriations
22 available to the Department of Defense for military per-
23 sonnel of the reserve components serving under the provi-
24 sions of title 10 and title 32, United States Code; for oper-
25 ation and maintenance; for procurement; and for research,
December 21, 2020 (12:59 p.m.)

287
1 development, test and evaluation, $914,429,000, of which
2 $567,003,000 shall be for counter-narcotics support;
3 $127,704,000 shall be for the drug demand reduction pro-
4 gram; $194,211,000 shall be for the National Guard
5 counter-drug program; and $25,511,000 shall be for the
6 National Guard counter-drug schools program: Provided,
7 That the funds appropriated under this heading shall be
8 available for obligation for the same time period and for
9 the same purpose as the appropriation to which trans-
10 ferred: Provided further, That upon a determination that
11 all or part of the funds transferred from this appropriation
12 are not necessary for the purposes provided herein, such
16 thority contained elsewhere in this Act.
17 OFFICE OF THE INSPECTOR GENERAL
18 For expenses and activities of the Office of the In-
19 spector General in carrying out the provisions of the In-
20 spector General Act of 1978, as amended, $375,439,000,
21 of which $373,483,000 shall be for operation and mainte-
22 nance, of which not to exceed $700,000 is available for
23 emergencies and extraordinary expenses to be expended
24 upon the approval or authority of the Inspector General,
25 and payments may be made upon the Inspector General’s
December 21, 2020 (12:59 p.m.)

288
1 certificate of necessity for confidential military purposes;
2 of which $858,000, to remain available for obligation until
3 September 30, 2023, shall be for procurement; and of
4 which $1,098,000, to remain available until September 30,
5 2022, shall be for research, development, test and evalua-
6 tion.
7 TITLE VII
8 RELATED AGENCIES
9 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
10 DISABILITY SYSTEM FUND

11 For payment to the Central Intelligence Agency Re-
12 tirement and Disability System Fund, to maintain the
13 proper funding level for continuing the operation of the
14 Central Intelligence Agency Retirement and Disability
15 System, $514,000,000.
16 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
17 For necessary expenses of the Intelligence Commu-
18 nity Management Account, $633,719,000.
December 21, 2020 (12:59 p.m.)

289
1 TITLE VIII
3 SEC. 8001. No part of any appropriation contained
4 in this Act shall be used for publicity or propaganda pur-
5 poses not authorized by the Congress.
6 SEC. 8002. During the current fiscal year, provisions
7 of law prohibiting the payment of compensation to, or em-
8 ployment of, any person not a citizen of the United States
9 shall not apply to personnel of the Department of Defense:
10 Provided, That salary increases granted to direct and indi-
11 rect hire foreign national employees of the Department of
12 Defense funded by this Act shall not be at a rate in excess
13 of the percentage increase authorized by law for civilian
14 employees of the Department of Defense whose pay is
15 computed under the provisions of section 5332 of title 5,
16 United States Code, or at a rate in excess of the percent-
17 age increase provided by the appropriate host nation to
18 its own employees, whichever is higher: Provided further,
19 That this section shall not apply to Department of De-
20 fense foreign service national employees serving at United
21 States diplomatic missions whose pay is set by the Depart-
22 ment of State under the Foreign Service Act of 1980: Pro-
23 vided further, That the limitations of this provision shall
24 not apply to foreign national employees of the Department
25 of Defense in the Republic of Turkey.
December 21, 2020 (12:59 p.m.)

290
2 in this Act shall remain available for obligation beyond
3 the current fiscal year, unless expressly so provided herein.
4 SEC. 8004. No more than 20 percent of the appro-
5 priations in this Act which are limited for obligation dur-
6 ing the current fiscal year shall be obligated during the
7 last 2 months of the fiscal year: Provided, That this sec-
8 tion shall not apply to obligations for support of active
9 duty training of reserve components or summer camp
10 training of the Reserve Officers’ Training Corps.
11 (TRANSFER OF FUNDS)
12 SEC. 8005. Upon determination by the Secretary of

13 Defense that such action is necessary in the national inter-
14 est, the Secretary may, with the approval of the Office
15 of Management and Budget, transfer not to exceed
16 $4,000,000,000 of working capital funds of the Depart-
17 ment of Defense or funds made available in this Act to
18 the Department of Defense for military functions (except
19 military construction) between such appropriations or
20 funds or any subdivision thereof, to be merged with and
21 to be available for the same purposes, and for the same
22 time period, as the appropriation or fund to which trans-
23 ferred: Provided, That such authority to transfer may not
24 be used unless for higher priority items, based on unfore-
25 seen military requirements, than those for which originally
December 21, 2020 (12:59 p.m.)

291
1 appropriated and in no case where the item for which
2 funds are requested has been denied by the Congress: Pro-
3 vided further, That the Secretary of Defense shall notify
4 the Congress promptly of all transfers made pursuant to
5 this authority or any other authority in this Act: Provided
6 further, That no part of the funds in this Act shall be
7 available to prepare or present a request to the Commit-
8 tees on Appropriations of the House of Representatives
9 and the Senate for reprogramming of funds, unless for
10 higher priority items, based on unforeseen military re-
11 quirements, than those for which originally appropriated
12 and in no case where the item for which reprogramming
13 is requested has been denied by the Congress: Provided
14 further, That a request for multiple reprogrammings of
15 funds using authority provided in this section shall be
16 made prior to June 30, 2021: Provided further, That
17 transfers among military personnel appropriations shall
18 not be taken into account for purposes of the limitation
19 on the amount of funds that may be transferred under
20 this section.
21 SEC. 8006. (a) With regard to the list of specific pro-
22 grams, projects, and activities (and the dollar amounts
23 and adjustments to budget activities corresponding to
24 such programs, projects, and activities) contained in the
25 tables titled Explanation of Project Level Adjustments in
December 21, 2020 (12:59 p.m.)

292
1 the explanatory statement regarding this Act and the ta-
2 bles contained in the classified annex accompanying this
3 Act, the obligation and expenditure of amounts appro-
4 priated or otherwise made available in this Act for those
5 programs, projects, and activities for which the amounts
6 appropriated exceed the amounts requested are hereby re-
7 quired by law to be carried out in the manner provided
8 by such tables to the same extent as if the tables were
9 included in the text of this Act.
10 (b) Amounts specified in the referenced tables de-
11 scribed in subsection (a) shall not be treated as subdivi-
12 sions of appropriations for purposes of section 8005 of this
13 Act: Provided, That section 8005 shall apply when trans-
14 fers of the amounts described in subsection (a) occur be-
15 tween appropriation accounts.
16 SEC. 8007. (a) Not later than 60 days after enact-
17 ment of this Act, the Department of Defense shall submit
18 a report to the congressional defense committees to estab-
19 lish the baseline for application of reprogramming and
20 transfer authorities for fiscal year 2021: Provided, That
21 the report shall include—
22 (1) a table for each appropriation with a sepa-
23 rate column to display the President’s budget re-
24 quest, adjustments made by Congress, adjustments
December 21, 2020 (12:59 p.m.)

293
1 due to enacted rescissions, if appropriate, and the
2 fiscal year enacted level;
3 (2) a delineation in the table for each appro-
4 priation both by budget activity and program,
5 project, and activity as detailed in the Budget Ap-
6 pendix; and
7 (3) an identification of items of special congres-
8 sional interest.
9 (b) Notwithstanding section 8005 of this Act, none
10 of the funds provided in this Act shall be available for
11 reprogramming or transfer until the report identified in
12 subsection (a) is submitted to the congressional defense
13 committees, unless the Secretary of Defense certifies in
14 writing to the congressional defense committees that such
15 reprogramming or transfer is necessary as an emergency
16 requirement: Provided, That this subsection shall not
17 apply to transfers from the following appropriations ac-
18 counts:
19 (1) ‘‘Environmental Restoration, Army’’;
20 (2) ‘‘Environmental Restoration, Navy’’;
21 (3) ‘‘Environmental Restoration, Air Force’’;
22 (4) ‘‘Environmental Restoration, Defense-
23 Wide’’;
24 (5) ‘‘Environmental Restoration, Formerly
25 Used Defense Sites’’; and
December 21, 2020 (12:59 p.m.)

294
1 (6) ‘‘Drug Interdiction and Counter-drug Ac-
2 tivities, Defense’’.
4 SEC. 8008. During the current fiscal year, cash bal-

5 ances in working capital funds of the Department of De-
6 fense established pursuant to section 2208 of title 10,
7 United States Code, may be maintained in only such
8 amounts as are necessary at any time for cash disburse-
9 ments to be made from such funds: Provided, That trans-
10 fers may be made between such funds: Provided further,
11 That transfers may be made between working capital
12 funds and the ‘‘Foreign Currency Fluctuations, Defense’’
13 appropriation and the ‘‘Operation and Maintenance’’ ap-
14 propriation accounts in such amounts as may be deter-
15 mined by the Secretary of Defense, with the approval of
16 the Office of Management and Budget, except that such
17 transfers may not be made unless the Secretary of Defense
18 has notified the Congress of the proposed transfer: Pro-
19 vided further, That except in amounts equal to the
20 amounts appropriated to working capital funds in this Act,
21 no obligations may be made against a working capital fund
22 to procure or increase the value of war reserve material
23 inventory, unless the Secretary of Defense has notified the
24 Congress prior to any such obligation.
December 21, 2020 (12:59 p.m.)

295
1 SEC. 8009. Funds appropriated by this Act may not
2 be used to initiate a special access program without prior
3 notification 30 calendar days in advance to the congres-
4 sional defense committees.
6 shall be available to initiate: (1) a multiyear contract that
7 employs economic order quantity procurement in excess of
8 $20,000,000 in any one year of the contract or that in-
9 cludes an unfunded contingent liability in excess of
10 $20,000,000; or (2) a contract for advance procurement
11 leading to a multiyear contract that employs economic
12 order quantity procurement in excess of $20,000,000 in
13 any one year, unless the congressional defense committees
14 have been notified at least 30 days in advance of the pro-
15 posed contract award: Provided, That no part of any ap-
16 propriation contained in this Act shall be available to ini-
17 tiate a multiyear contract for which the economic order
18 quantity advance procurement is not funded at least to
19 the limits of the Government’s liability: Provided further,
20 That no part of any appropriation contained in this Act
21 shall be available to initiate multiyear procurement con-
22 tracts for any systems or component thereof if the value
23 of the multiyear contract would exceed $500,000,000 un-
24 less specifically provided in this Act: Provided further,
25 That no multiyear procurement contract can be termi-
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296
1 nated without 30-day prior notification to the congres-
2 sional defense committees: Provided further, That the exe-
3 cution of multiyear authority shall require the use of a
4 present value analysis to determine lowest cost compared
5 to an annual procurement: Provided further, That none of
6 the funds provided in this Act may be used for a multiyear
7 contract executed after the date of the enactment of this
8 Act unless in the case of any such contract—
9 (1) the Secretary of Defense has submitted to
10 Congress a budget request for full funding of units
11 to be procured through the contract and, in the case
12 of a contract for procurement of aircraft, that in-
13 cludes, for any aircraft unit to be procured through
14 the contract for which procurement funds are re-
15 quested in that budget request for production be-
16 yond advance procurement activities in the fiscal
17 year covered by the budget, full funding of procure-
18 ment of such unit in that fiscal year;
19 (2) cancellation provisions in the contract do
20 not include consideration of recurring manufacturing
21 costs of the contractor associated with the produc-
22 tion of unfunded units to be delivered under the con-
23 tract;
December 21, 2020 (12:59 p.m.)

297
1 (3) the contract provides that payments to the
2 contractor under the contract shall not be made in
3 advance of incurred costs on funded units; and
4 (4) the contract does not provide for a price ad-
5 justment based on a failure to award a follow-on
6 contract.
7 SEC. 8011. Within the funds appropriated for the op-
8 eration and maintenance of the Armed Forces, funds are
9 hereby appropriated pursuant to section 401 of title 10,
10 United States Code, for humanitarian and civic assistance
11 costs under chapter 20 of title 10, United States Code.
12 Such funds may also be obligated for humanitarian and
13 civic assistance costs incidental to authorized operations
14 and pursuant to authority granted in section 401 of title
15 10, United States Code, and these obligations shall be re-
16 ported as required by section 401(d) of title 10, United
17 States Code: Provided, That funds available for operation
18 and maintenance shall be available for providing humani-
19 tarian and similar assistance by using Civic Action Teams
20 in the Trust Territories of the Pacific Islands and freely
21 associated states of Micronesia, pursuant to the Compact
22 of Free Association as authorized by Public Law 99–239:
23 Provided further, That upon a determination by the Sec-
24 retary of the Army that such action is beneficial for grad-
25 uate medical education programs conducted at Army med-
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298
1 ical facilities located in Hawaii, the Secretary of the Army
2 may authorize the provision of medical services at such
3 facilities and transportation to such facilities, on a nonre-
4 imbursable basis, for civilian patients from American
5 Samoa, the Commonwealth of the Northern Mariana Is-
6 lands, the Marshall Islands, the Federated States of Mi-
7 cronesia, Palau, and Guam.
8 SEC. 8012. (a) During the current fiscal year, the
9 civilian personnel of the Department of Defense may not
10 be managed solely on the basis of any constraint or limita-
11 tion in terms of man years, end strength, full-time equiva-
12 lent positions, or maximum number of employees, but are
13 to be managed primarily on the basis of, and in a manner
14 consistent with—
15 (1) the total force management policies and
16 procedures established under section 129a of title
17 10, United States Code;
18 (2) the workload required to carry out the func-
19 tions and activities of the Department; and
20 (3) the funds made available to the Department
21 for such fiscal year.
22 (b) None of the funds appropriated by this Act may
23 be used to reduce the civilian workforce programmed full
24 time equivalent levels absent the appropriate analysis of
25 the impacts of these reductions on workload, military force
December 21, 2020 (12:59 p.m.)

299
1 structure, lethality, readiness, operational effectiveness,
2 stress on the military force, and fully burdened costs.
3 (c) A projection of the number of full-time equivalent
4 positions shall not be considered a constraint or limitation
5 for purposes of subsection (a) and reducing funding for
6 under-execution of such a projection shall not be consid-
7 ered managing based on a constraint or limitation for pur-
8 poses of such subsection.
9 (d) The fiscal year 2022 budget request for the De-
10 partment of Defense, and any justification material and
11 other documentation supporting such request, shall be
12 prepared and submitted to Congress as if subsections (a)
13 and (b) were effective with respect to such fiscal year.
14 (e) Nothing in this section shall be construed to apply
15 to military (civilian) technicians.
17 Act shall be used in any way, directly or indirectly, to in-
18 fluence congressional action on any legislation or appro-
19 priation matters pending before the Congress.
21 Act shall be available for the basic pay and allowances of
22 any member of the Army participating as a full-time stu-
23 dent and receiving benefits paid by the Secretary of Vet-
24 erans Affairs from the Department of Defense Education
25 Benefits Fund when time spent as a full-time student is
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300
1 credited toward completion of a service commitment: Pro-
2 vided, That this section shall not apply to those members
3 who have reenlisted with this option prior to October 1,
4 1987: Provided further, That this section applies only to
5 active components of the Army.
7 SEC. 8015. (a) Funds appropriated in title III of this

8 Act for the Department of Defense Pilot Mentor-Protégé
9 Program may be transferred to any other appropriation
10 contained in this Act solely for the purpose of imple-
11 menting a Mentor-Protégé Program developmental assist-
12 ance agreement pursuant to section 831 of the National
13 Defense Authorization Act for Fiscal Year 1991 (Public
14 Law 101–510; 10 U.S.C. 2302 note), as amended, under
15 the authority of this provision or any other transfer au-
16 thority contained in this Act.
17 (b) The Secretary of Defense shall include with the
18 budget justification documents in support of the budget
19 for any fiscal year after fiscal year 2021 (as submitted
20 to Congress pursuant to section 1105 of title 31, United
21 States Code) a description of each transfer under this sec-
22 tion that occurred during the last fiscal year before the
23 fiscal year in which such budget is submitted.
24 SEC. 8016. None of the funds in this Act may be
25 available for the purchase by the Department of Defense
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301
1 (and its departments and agencies) of welded shipboard
2 anchor and mooring chain 4 inches in diameter and under
3 unless the anchor and mooring chain are manufactured
4 in the United States from components which are substan-
5 tially manufactured in the United States: Provided, That
6 for the purpose of this section, the term ‘‘manufactured’’
7 shall include cutting, heat treating, quality control, testing
8 of chain and welding (including the forging and shot blast-
9 ing process): Provided further, That for the purpose of this
10 section substantially all of the components of anchor and
11 mooring chain shall be considered to be produced or manu-
12 factured in the United States if the aggregate cost of the
13 components produced or manufactured in the United
14 States exceeds the aggregate cost of the components pro-
15 duced or manufactured outside the United States: Pro-
16 vided further, That when adequate domestic supplies are
17 not available to meet Department of Defense requirements
18 on a timely basis, the Secretary of the Service responsible
19 for the procurement may waive this restriction on a case-
20 by-case basis by certifying in writing to the Committees
21 on Appropriations of the House of Representatives and the
22 Senate that such an acquisition must be made in order
23 to acquire capability for national security purposes.
24 SEC. 8017. None of the funds available in this Act
25 to the Department of Defense, other than appropriations
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302
1 made for necessary or routine refurbishments, upgrades
2 or maintenance activities, shall be used to reduce or to
3 prepare to reduce the number of deployed and non-de-
4 ployed strategic delivery vehicles and launchers below the
5 levels set forth in the report submitted to Congress in ac-
6 cordance with section 1042 of the National Defense Au-
7 thorization Act for Fiscal Year 2012.
9 Act shall be used for the support of any nonappropriated
10 funds activity of the Department of Defense that procures
11 malt beverages and wine with nonappropriated funds for
12 resale (including such alcoholic beverages sold by the
13 drink) on a military installation located in the United
14 States unless such malt beverages and wine are procured
15 within that State, or in the case of the District of Colum-
16 bia, within the District of Columbia, in which the military
17 installation is located: Provided, That, in a case in which
18 the military installation is located in more than one State,
19 purchases may be made in any State in which the installa-
20 tion is located: Provided further, That such local procure-
21 ment requirements for malt beverages and wine shall
22 apply to all alcoholic beverages only for military installa-
23 tions in States which are not contiguous with another
24 State: Provided further, That alcoholic beverages other
25 than wine and malt beverages, in contiguous States and
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303
1 the District of Columbia shall be procured from the most
2 competitive source, price and other factors considered.
3 SEC. 8019. None of the funds available to the De-
4 partment of Defense may be used to demilitarize or dis-
5 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,
6 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or
7 to demilitarize or destroy small arms ammunition or am-
8 munition components that are not otherwise prohibited
9 from commercial sale under Federal law, unless the small
10 arms ammunition or ammunition components are certified
11 by the Secretary of the Army or designee as unserviceable
12 or unsafe for further use.
13 SEC. 8020. No more than $500,000 of the funds ap-
14 propriated or made available in this Act shall be used dur-
15 ing a single fiscal year for any single relocation of an orga-
16 nization, unit, activity or function of the Department of
17 Defense into or within the National Capital Region: Pro-
18 vided, That the Secretary of Defense may waive this re-
19 striction on a case-by-case basis by certifying in writing
20 to the congressional defense committees that such a relo-
21 cation is required in the best interest of the Government.
22 SEC. 8021. In addition to the funds provided else-
23 where in this Act, $25,000,000 is appropriated only for
24 incentive payments authorized by section 504 of the In-
25 dian Financing Act of 1974 (25 U.S.C. 1544): Provided,
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304
1 That a prime contractor or a subcontractor at any tier
2 that makes a subcontract award to any subcontractor or
3 supplier as defined in section 1544 of title 25, United
4 States Code, or a small business owned and controlled by
5 an individual or individuals defined under section 4221(9)
6 of title 25, United States Code, shall be considered a con-
7 tractor for the purposes of being allowed additional com-
8 pensation under section 504 of the Indian Financing Act
9 of 1974 (25 U.S.C. 1544) whenever the prime contract
10 or subcontract amount is over $500,000 and involves the
11 expenditure of funds appropriated by an Act making ap-
12 propriations for the Department of Defense with respect
13 to any fiscal year: Provided further, That notwithstanding
14 section 1906 of title 41, United States Code, this section
15 shall be applicable to any Department of Defense acquisi-
16 tion of supplies or services, including any contract and any
17 subcontract at any tier for acquisition of commercial items
18 produced or manufactured, in whole or in part, by any
19 subcontractor or supplier defined in section 1544 of title
20 25, United States Code, or a small business owned and
21 controlled by an individual or individuals defined under
22 section 4221(9) of title 25, United States Code.
23 SEC. 8022. Funds appropriated by this Act for the
24 Defense Media Activity shall not be used for any national
25 or international political or psychological activities.
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305
1 SEC. 8023. During the current fiscal year, the De-
2 partment of Defense is authorized to incur obligations of
3 not to exceed $350,000,000 for purposes specified in sec-
4 tion 2350j(c) of title 10, United States Code, in anticipa-
5 tion of receipt of contributions, only from the Government
6 of Kuwait, under that section: Provided, That, upon re-
7 ceipt, such contributions from the Government of Kuwait
8 shall be credited to the appropriations or fund which in-
9 curred such obligations.
10 SEC. 8024. The Secretary of Defense shall notify the
11 congressional defense committees in writing not more than
12 30 days after the receipt of any contribution of funds re-
13 ceived from the government of a foreign country for any
14 purpose relating to the stationing or operations of the
15 United States Armed Forces: Provided, That such notifi-
16 cation shall include the amount of the contribution; the
17 purpose for which such contribution was made; and the
18 authority under which such contribution was accepted by
19 the Secretary of Defense: Provided further, That not fewer
20 than 15 days prior to obligating such funds, the Secretary
21 of Defense shall submit to the congressional defense com-
22 mittees in writing a notification of the planned use of such
23 contributions, including whether such contributions would
24 support existing or new stationing or operations of the
25 United States Armed Forces.
December 21, 2020 (12:59 p.m.)

306
1 SEC. 8025. (a) Of the funds made available in this
2 Act, not less than $56,205,000 shall be available for the
3 Civil Air Patrol Corporation, of which—
4 (1) $43,205,000 shall be available from ‘‘Oper-
5 ation and Maintenance, Air Force’’ to support Civil
6 Air Patrol Corporation operation and maintenance,
7 readiness, counter-drug activities, and drug demand
8 reduction activities involving youth programs;
9 (2) $11,200,000 shall be available from ‘‘Air-
10 craft Procurement, Air Force’’; and
11 (3) $1,800,000 shall be available from ‘‘Other
12 Procurement, Air Force’’ for vehicle procurement.
13 (b) The Secretary of the Air Force should waive reim-
14 bursement for any funds used by the Civil Air Patrol for
15 counter-drug activities in support of Federal, State, and
16 local government agencies.
17 SEC. 8026. (a) None of the funds appropriated in this
18 Act are available to establish a new Department of De-
19 fense (department) federally funded research and develop-
20 ment center (FFRDC), either as a new entity, or as a
21 separate entity administrated by an organization man-
22 aging another FFRDC, or as a nonprofit membership cor-
23 poration consisting of a consortium of other FFRDCs and
24 other nonprofit entities.
December 21, 2020 (12:59 p.m.)

307
1 (b) No member of a Board of Directors, Trustees,
2 Overseers, Advisory Group, Special Issues Panel, Visiting
3 Committee, or any similar entity of a defense FFRDC,
4 and no paid consultant to any defense FFRDC, except
5 when acting in a technical advisory capacity, may be com-
6 pensated for his or her services as a member of such enti-
7 ty, or as a paid consultant by more than one FFRDC in
8 a fiscal year: Provided, That a member of any such entity
9 referred to previously in this subsection shall be allowed
10 travel expenses and per diem as authorized under the Fed-
11 eral Joint Travel Regulations, when engaged in the per-
12 formance of membership duties.
13 (c) Notwithstanding any other provision of law, none
14 of the funds available to the department from any source
15 during the current fiscal year may be used by a defense
16 FFRDC, through a fee or other payment mechanism, for
17 construction of new buildings not located on a military in-
18 stallation, for payment of cost sharing for projects funded
19 by Government grants, for absorption of contract over-
20 runs, or for certain charitable contributions, not to include
21 employee participation in community service and/or devel-
22 opment.
23 (d) Notwithstanding any other provision of law, of
24 the funds available to the department during fiscal year
25 2021, not more than 6,053 staff years of technical effort
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308
1 (staff years) may be funded for defense FFRDCs: Pro-
2 vided, That, within such funds for 6,053 staff years, funds
3 shall be available only for 1,148 staff years for the defense
4 studies and analysis FFRDCs: Provided further, That this
5 subsection shall not apply to staff years funded in the Na-
6 tional Intelligence Program (NIP) and the Military Intel-
7 ligence Program (MIP).
8 (e) The Secretary of Defense shall, with the submis-
9 sion of the department’s fiscal year 2022 budget request,
10 submit a report presenting the specific amounts of staff
11 years of technical effort to be allocated for each defense
12 FFRDC during that fiscal year and the associated budget
13 estimates.
14 SEC. 8027. None of the funds appropriated or made
15 available in this Act shall be used to procure carbon, alloy,
16 or armor steel plate for use in any Government-owned fa-
17 cility or property under the control of the Department of
18 Defense which were not melted and rolled in the United
19 States or Canada: Provided, That these procurement re-
20 strictions shall apply to any and all Federal Supply Class
21 9515, American Society of Testing and Materials (ASTM)
22 or American Iron and Steel Institute (AISI) specifications
23 of carbon, alloy or armor steel plate: Provided further,
24 That the Secretary of the military department responsible
25 for the procurement may waive this restriction on a case-
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309
1 by-case basis by certifying in writing to the Committees
3 Senate that adequate domestic supplies are not available
4 to meet Department of Defense requirements on a timely
5 basis and that such an acquisition must be made in order
6 to acquire capability for national security purposes: Pro-
7 vided further, That these restrictions shall not apply to
8 contracts which are in being as of the date of the enact-
9 ment of this Act.
10 SEC. 8028. For the purposes of this Act, the term
11 ‘‘congressional defense committees’’ means the Armed
12 Services Committee of the House of Representatives, the
13 Armed Services Committee of the Senate, the Sub-
14 committee on Defense of the Committee on Appropriations
15 of the Senate, and the Subcommittee on Defense of the
16 Committee on Appropriations of the House of Representa-
17 tives.
18 SEC. 8029. During the current fiscal year, the De-
19 partment of Defense may acquire the modification, depot
20 maintenance and repair of aircraft, vehicles and vessels
21 as well as the production of components and other De-
22 fense-related articles, through competition between De-
23 partment of Defense depot maintenance activities and pri-
24 vate firms: Provided, That the Senior Acquisition Execu-
25 tive of the military department or Defense Agency con-
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310
1 cerned, with power of delegation, shall certify that success-
2 ful bids include comparable estimates of all direct and in-
3 direct costs for both public and private bids: Provided fur-
4 ther, That Office of Management and Budget Circular A–
5 76 shall not apply to competitions conducted under this
6 section.
7 SEC. 8030. (a)(1) If the Secretary of Defense, after
8 consultation with the United States Trade Representative,
9 determines that a foreign country which is party to an
10 agreement described in paragraph (2) has violated the
11 terms of the agreement by discriminating against certain
12 types of products produced in the United States that are
13 covered by the agreement, the Secretary of Defense shall
14 rescind the Secretary’s blanket waiver of the Buy Amer-
15 ican Act with respect to such types of products produced
16 in that foreign country.
17 (2) An agreement referred to in paragraph (1)
18 is any reciprocal defense procurement memorandum
19 of understanding, between the United States and a
20 foreign country pursuant to which the Secretary of
21 Defense has prospectively waived the Buy American
22 Act for certain products in that country.
23 (b) The Secretary of Defense shall submit to the Con-
24 gress a report on the amount of Department of Defense
25 purchases from foreign entities in fiscal year 2021. Such
December 21, 2020 (12:59 p.m.)

311
1 report shall separately indicate the dollar value of items
2 for which the Buy American Act was waived pursuant to
3 any agreement described in subsection (a)(2), the Trade
4 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
5 international agreement to which the United States is a
6 party.
7 (c) For purposes of this section, the term ‘‘Buy
8 American Act’’ means chapter 83 of title 41, United
9 States Code.
10 SEC. 8031. During the current fiscal year, amounts
11 contained in the Department of Defense Overseas Military
12 Facility Investment Recovery Account shall be available
13 until expended for the payments specified by section
14 2687a(b)(2) of title 10, United States Code.
16 of law, the Secretary of the Air Force may convey at no
17 cost to the Air Force, without consideration, to Indian
18 tribes located in the States of Nevada, Idaho, North Da-
19 kota, South Dakota, Montana, Oregon, Minnesota, and
20 Washington relocatable military housing units located at
21 Grand Forks Air Force Base, Malmstrom Air Force Base,
22 Mountain Home Air Force Base, Ellsworth Air Force
23 Base, and Minot Air Force Base that are excess to the
24 needs of the Air Force.
December 21, 2020 (12:59 p.m.)

312
1 (b) The Secretary of the Air Force shall convey, at
2 no cost to the Air Force, military housing units under sub-
3 section (a) in accordance with the request for such units
4 that are submitted to the Secretary by the Operation
5 Walking Shield Program on behalf of Indian tribes located
6 in the States of Nevada, Idaho, North Dakota, South Da-
7 kota, Montana, Oregon, Minnesota, and Washington. Any
8 such conveyance shall be subject to the condition that the
9 housing units shall be removed within a reasonable period
10 of time, as determined by the Secretary.
11 (c) The Operation Walking Shield Program shall re-
12 solve any conflicts among requests of Indian tribes for
13 housing units under subsection (a) before submitting re-
14 quests to the Secretary of the Air Force under subsection
15 (b).
16 (d) In this section, the term ‘‘Indian tribe’’ means
17 any recognized Indian tribe included on the current list
18 published by the Secretary of the Interior under section
19 104 of the Federally Recognized Indian Tribe Act of 1994
20 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131).
21 SEC. 8033. During the current fiscal year, appropria-
22 tions which are available to the Department of Defense
23 for operation and maintenance may be used to purchase
24 items having an investment item unit cost of not more
25 than $250,000.
December 21, 2020 (12:59 p.m.)

313
2 SEC. 8034. Subject to section 8005 of this Act, the

3 Secretary of Defense may transfer funds appropriated in
4 fiscal year 2021 for ‘‘Shipbuilding and Conversion, Navy:
5 LPD Flight II–LPD 31’’ to ‘‘Shipbuilding and Conver-
6 sion, Navy: LPD 32 (AP)’’, and ‘‘Shipbuilding and Con-
7 version, Navy: LPD 33 (AP)’’ for fiscal year 2021 advance
8 procurement authorized by section 124(c) of the National
9 Defense Authorization Act for Fiscal Year 2021: Provided,
10 That the transfer authority provided under this provision
12 in this Act.
13 SEC. 8035. Up to $14,000,000 of the funds appro-
14 priated under the heading ‘‘Operation and Maintenance,
15 Navy’’ may be made available for the Asia Pacific Re-
16 gional Initiative Program for the purpose of enabling the
17 United States Indo-Pacific Command to execute Theater
18 Security Cooperation activities such as humanitarian as-
19 sistance, and payment of incremental and personnel costs
20 of training and exercising with foreign security forces:
21 Provided, That funds made available for this purpose may
22 be used, notwithstanding any other funding authorities for
23 humanitarian assistance, security assistance or combined
24 exercise expenses: Provided further, That funds may not
25 be obligated to provide assistance to any foreign country
December 21, 2020 (12:59 p.m.)

314
1 that is otherwise prohibited from receiving such type of
2 assistance under any other provision of law.
3 SEC. 8036. The Secretary of Defense shall issue reg-
4 ulations to prohibit the sale of any tobacco or tobacco-
5 related products in military resale outlets in the United
6 States, its territories and possessions at a price below the
7 most competitive price in the local community: Provided,
8 That such regulations shall direct that the prices of to-
9 bacco or tobacco-related products in overseas military re-
10 tail outlets shall be within the range of prices established
11 for military retail system stores located in the United
12 States.
13 SEC. 8037. (a) During the current fiscal year, none
14 of the appropriations or funds available to the Department
15 of Defense Working Capital Funds shall be used for the
16 purchase of an investment item for the purpose of acquir-
17 ing a new inventory item for sale or anticipated sale dur-
18 ing the current fiscal year or a subsequent fiscal year to
19 customers of the Department of Defense Working Capital
20 Funds if such an item would not have been chargeable
21 to the Department of Defense Business Operations Fund
22 during fiscal year 1994 and if the purchase of such an
23 investment item would be chargeable during the current
24 fiscal year to appropriations made to the Department of
25 Defense for procurement.
December 21, 2020 (12:59 p.m.)

315
1 (b) The fiscal year 2022 budget request for the De-
2 partment of Defense as well as all justification material
3 and other documentation supporting the fiscal year 2022
4 Department of Defense budget shall be prepared and sub-
5 mitted to the Congress on the basis that any equipment
6 which was classified as an end item and funded in a pro-
7 curement appropriation contained in this Act shall be
8 budgeted for in a proposed fiscal year 2022 procurement
9 appropriation and not in the supply management business
10 area or any other area or category of the Department of
11 Defense Working Capital Funds.
13 Act for programs of the Central Intelligence Agency shall
14 remain available for obligation beyond the current fiscal
15 year, except for funds appropriated for the Reserve for
16 Contingencies, which shall remain available until Sep-
17 tember 30, 2022: Provided, That funds appropriated,
18 transferred, or otherwise credited to the Central Intel-
19 ligence Agency Central Services Working Capital Fund
20 during this or any prior or subsequent fiscal year shall
21 remain available until expended: Provided further, That
22 any funds appropriated or transferred to the Central Intel-
23 ligence Agency for advanced research and development ac-
24 quisition, for agent operations, and for covert action pro-
25 grams authorized by the President under section 503 of
December 21, 2020 (12:59 p.m.)

316
1 the National Security Act of 1947 (50 U.S.C. 3093) shall
2 remain available until September 30, 2022: Provided fur-
3 ther, That any funds appropriated or transferred to the
4 Central Intelligence Agency for the construction, improve-
5 ment, or alteration of facilities, including leased facilities,
6 to be used primarily by personnel of the intelligence com-
7 munity shall remain available until September 30, 2023.
8 SEC. 8039. Of the funds appropriated to the Depart-
9 ment of Defense under the heading ‘‘Operation and Main-
10 tenance, Defense-Wide’’, not less than $12,000,000 shall
11 be made available only for the mitigation of environmental
12 impacts, including training and technical assistance to
13 tribes, related administrative support, the gathering of in-
14 formation, documenting of environmental damage, and de-
15 veloping a system for prioritization of mitigation and cost
16 to complete estimates for mitigation, on Indian lands re-
17 sulting from Department of Defense activities.
19 Act may be expended by an entity of the Department of
20 Defense unless the entity, in expending the funds, com-
21 plies with the Buy American Act. For purposes of this
22 subsection, the term ‘‘Buy American Act’’ means chapter
23 83 of title 41, United States Code.
24 (b) If the Secretary of Defense determines that a per-
25 son has been convicted of intentionally affixing a label
December 21, 2020 (12:59 p.m.)

317
1 bearing a ‘‘Made in America’’ inscription to any product
2 sold in or shipped to the United States that is not made
3 in America, the Secretary shall determine, in accordance
4 with section 2410f of title 10, United States Code, wheth-
5 er the person should be debarred from contracting with
6 the Department of Defense.
7 (c) In the case of any equipment or products pur-
8 chased with appropriations provided under this Act, it is
9 the sense of the Congress that any entity of the Depart-
10 ment of Defense, in expending the appropriation, purchase
11 only American-made equipment and products, provided
12 that American-made equipment and products are cost-
13 competitive, quality competitive, and available in a timely
14 fashion.
15 SEC. 8041. (a) Except as provided in subsections (b)
16 and (c), none of the funds made available by this Act may
17 be used—
18 (1) to establish a field operating agency; or
19 (2) to pay the basic pay of a member of the
20 Armed Forces or civilian employee of the depart-
21 ment who is transferred or reassigned from a head-
22 quarters activity if the member or employee’s place
23 of duty remains at the location of that headquarters.
24 (b) The Secretary of Defense or Secretary of a mili-
25 tary department may waive the limitations in subsection
December 21, 2020 (12:59 p.m.)

318
1 (a), on a case-by-case basis, if the Secretary determines,
2 and certifies to the Committees on Appropriations of the
3 House of Representatives and the Senate that the grant-
4 ing of the waiver will reduce the personnel requirements
5 or the financial requirements of the department.
6 (c) This section does not apply to—
7 (1) field operating agencies funded within the
8 National Intelligence Program;
9 (2) an Army field operating agency established
10 to eliminate, mitigate, or counter the effects of im-
11 provised explosive devices, and, as determined by the
12 Secretary of the Army, other similar threats;
13 (3) an Army field operating agency established
14 to improve the effectiveness and efficiencies of bio-
15 metric activities and to integrate common biometric
16 technologies throughout the Department of Defense;
17 or
18 (4) an Air Force field operating agency estab-
19 lished to administer the Air Force Mortuary Affairs
20 Program and Mortuary Operations for the Depart-
21 ment of Defense and authorized Federal entities.
22 SEC. 8042. (a) None of the funds appropriated by
23 this Act shall be available to convert to contractor per-
24 formance an activity or function of the Department of De-
25 fense that, on or after the date of the enactment of this
December 21, 2020 (12:59 p.m.)

319
1 Act, is performed by Department of Defense civilian em-
2 ployees unless—
3 (1) the conversion is based on the result of a
4 public-private competition that includes a most effi-
5 cient and cost effective organization plan developed
6 by such activity or function;
7 (2) the Competitive Sourcing Official deter-
8 mines that, over all performance periods stated in
9 the solicitation of offers for performance of the ac-
10 tivity or function, the cost of performance of the ac-
11 tivity or function by a contractor would be less costly
12 to the Department of Defense by an amount that
13 equals or exceeds the lesser of—
14 (A) 10 percent of the most efficient organi-
15 zation’s personnel-related costs for performance
16 of that activity or function by Federal employ-
17 ees; or
18 (B) $10,000,000; and
19 (3) the contractor does not receive an advan-
20 tage for a proposal that would reduce costs for the
21 Department of Defense by—
22 (A) not making an employer-sponsored
23 health insurance plan available to the workers
24 who are to be employed in the performance of
25 that activity or function under the contract; or
December 21, 2020 (12:59 p.m.)

320
1 (B) offering to such workers an employer-
2 sponsored health benefits plan that requires the
3 employer to contribute less towards the pre-
4 mium or subscription share than the amount
5 that is paid by the Department of Defense for
6 health benefits for civilian employees under
7 chapter 89 of title 5, United States Code.
8 (b)(1) The Department of Defense, without regard
9 to subsection (a) of this section or subsection (a), (b), or
10 (c) of section 2461 of title 10, United States Code, and
11 notwithstanding any administrative regulation, require-
12 ment, or policy to the contrary shall have full authority
13 to enter into a contract for the performance of any com-
14 mercial or industrial type function of the Department of
15 Defense that—
16 (A) is included on the procurement list es-
17 tablished pursuant to section 2 of the Javits-
18 Wagner-O’Day Act (section 8503 of title 41,
19 United States Code);
20 (B) is planned to be converted to perform-
21 ance by a qualified nonprofit agency for the
22 blind or by a qualified nonprofit agency for
23 other severely handicapped individuals in ac-
24 cordance with that Act; or
December 21, 2020 (12:59 p.m.)

321
1 (C) is planned to be converted to perform-
2 ance by a qualified firm under at least 51 per-
3 cent ownership by an Indian tribe, as defined in
4 section 4(e) of the Indian Self-Determination
5 and Education Assistance Act (25 U.S.C.
6 450b(e)), or a Native Hawaiian Organization,
7 as defined in section 8(a)(15) of the Small
8 Business Act (15 U.S.C. 637(a)(15)).
9 (2) This section shall not apply to depot con-
10 tracts or contracts for depot maintenance as pro-
11 vided in sections 2469 and 2474 of title 10, United
12 States Code.
13 (c) The conversion of any activity or function of the
14 Department of Defense under the authority provided by
15 this section shall be credited toward any competitive or
16 outsourcing goal, target, or measurement that may be es-
17 tablished by statute, regulation, or policy and is deemed
18 to be awarded under the authority of, and in compliance
19 with, subsection (h) of section 2304 of title 10, United
20 States Code, for the competition or outsourcing of com-
21 mercial activities.
22 (RESCISSIONS)
23 SEC. 8043. Of the funds appropriated in Department

24 of Defense Appropriations Acts, the following funds are
25 hereby rescinded from the following accounts and pro-
December 21, 2020 (12:59 p.m.)

322
1 grams in the specified amounts: Provided, That no
2 amounts may be rescinded from amounts that were des-
3 ignated by the Congress for Overseas Contingency Oper-
4 ations/Global War on Terrorism or as an emergency re-
5 quirement pursuant to the Concurrent Resolution on the
6 Budget or the Balanced Budget and Emergency Deficit
7 Control Act of 1985, as amended:
8 ‘‘Shipbuilding and Conversion, Navy: DDG–51
9 Destroyer’’, 2014/2021, $66,567,000;
10 ‘‘Procurement of Weapons and Tracked Combat
11 Vehicles, Army’’, 2019/2021, $23,840,000;
12 ‘‘Aircraft Procurement, Navy’’, 2019/2021,
13 $23,094,000;
14 ‘‘Aircraft Procurement, Air Force’’, 2019/2021,
15 $465,447,000;
16 ‘‘Other Procurement, Air Force’’, 2019/2021,
17 $12,400,000;
18 ‘‘Aircraft Procurement, Army’’, 2020/2022,
19 $26,900,000;
20 ‘‘Missile Procurement, Army’’, 2020/2022,
21 $2,377,000;
23 Vehicles, Army’’, 2020/2022, $148,141,000;
24 ‘‘Procurement of Ammunition, Army’’, 2020/
25 2022, $7,500,000;
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1 ‘‘Other Procurement, Army’’, 2020/2022,
2 $13,175,000;
3 ‘‘Aircraft Procurement, Navy’’, 2020/2022,
4 $417,128,000;
5 ‘‘Weapons Procurement, Navy’’, 2020/2022,
6 $7,500,000;
7 ‘‘Procurement of Ammunition, Navy and Ma-
8 rine Corps’’, 2020/2022, $8,973,000;
9 ‘‘Shipbuilding and Conversion, Navy: TAO
10 Fleet Oiler (AP)’’, 2020/2024, $73,000,000;
11 ‘‘Shipbuilding and Conversion, Navy: CVN Re-
12 fueling Overhauls’’, 2020/2024, $13,100,000;
13 ‘‘Other Procurement, Navy’’, 2020/2022,
14 $87,052,000;
15 ‘‘Procurement, Marine Corps’’, 2020/2022,
16 $55,139,000;
18 $543,015,000;
19 ‘‘Missile Procurement, Air Force’’, 2020/2022,
20 $24,500,000;
21 ‘‘Space Procurement, Air Force’’, 2020/2022,
22 $64,400,000;
23 ‘‘Other Procurement, Air Force’’, 2020/2022,
24 $66,726,000;
December 21, 2020 (12:59 p.m.)

324
1 ‘‘Research, Development, Test and Evaluation,
2 Army’’, 2020/2021, $284,228,000;
4 Navy’’, 2020/2021, $84,005,000;
6 Air Force’’, 2020/2021, $251,809,000;
8 Defense-Wide’’, 2020/2021, $378,031,000; and
9 ‘‘Defense Counterintelligence and Security
10 Agency Working Capital Fund’’, 2020/XXXX,
11 $100,000,000.
12 SEC. 8044. None of the funds available in this Act
13 may be used to reduce the authorized positions for mili-
14 tary technicians (dual status) of the Army National
15 Guard, Air National Guard, Army Reserve and Air Force
16 Reserve for the purpose of applying any administratively
17 imposed civilian personnel ceiling, freeze, or reduction on
18 military technicians (dual status), unless such reductions
19 are a direct result of a reduction in military force struc-
20 ture.
22 wise made available in this Act may be obligated or ex-
23 pended for assistance to the Democratic People’s Republic
24 of Korea unless specifically appropriated for that purpose:
25 Provided, That this restriction shall not apply to any ac-
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325
1 tivities incidental to the Defense POW/MIA Accounting
2 Agency mission to recover and identify the remains of
3 United States Armed Forces personnel from the Demo-
4 cratic People’s Republic of Korea.
5 SEC. 8046. Funds appropriated in this Act for oper-
6 ation and maintenance of the Military Departments, Com-
7 batant Commands and Defense Agencies shall be available
8 for reimbursement of pay, allowances and other expenses
9 which would otherwise be incurred against appropriations
10 for the National Guard and Reserve when members of the
11 National Guard and Reserve provide intelligence or coun-
12 terintelligence support to Combatant Commands, Defense
13 Agencies and Joint Intelligence Activities, including the
14 activities and programs included within the National Intel-
15 ligence Program and the Military Intelligence Program:
16 Provided, That nothing in this section authorizes deviation
17 from established Reserve and National Guard personnel
18 and training procedures.
19 SEC. 8047. (a) None of the funds available to the
20 Department of Defense for any fiscal year for drug inter-
21 diction or counter-drug activities may be transferred to
22 any other department or agency of the United States ex-
23 cept as specifically provided in an appropriations law.
24 (b) None of the funds available to the Central Intel-
25 ligence Agency for any fiscal year for drug interdiction or
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326
1 counter-drug activities may be transferred to any other de-
2 partment or agency of the United States except as specifi-
3 cally provided in an appropriations law.
5 Act may be used for the procurement of ball and roller
6 bearings other than those produced by a domestic source
7 and of domestic origin: Provided, That the Secretary of
8 the military department responsible for such procurement
9 may waive this restriction on a case-by-case basis by certi-
10 fying in writing to the Committees on Appropriations of
11 the House of Representatives and the Senate, that ade-
12 quate domestic supplies are not available to meet Depart-
13 ment of Defense requirements on a timely basis and that
14 such an acquisition must be made in order to acquire ca-
15 pability for national security purposes: Provided further,
16 That this restriction shall not apply to the purchase of
17 ‘‘commercial items’’, as defined by section 103 of title 41,
18 United States Code, except that the restriction shall apply
19 to ball or roller bearings purchased as end items.
20 SEC. 8049. Of the amounts appropriated for ‘‘Work-
21 ing Capital Fund, Army’’, $125,000,000 shall be available
22 to maintain competitive rates at the arsenals.
23 SEC. 8050. In addition to the amounts appropriated
24 or otherwise made available elsewhere in this Act,
25 $49,000,000 is hereby appropriated to the Department of
December 21, 2020 (12:59 p.m.)

327
1 Defense: Provided, That upon the determination of the
2 Secretary of Defense that it shall serve the national inter-
3 est, the Secretary shall make grants in the amounts speci-
4 fied as follows: $24,000,000 to the United Service Organi-
5 zations and $25,000,000 to the Red Cross.
7 used to purchase any supercomputer which is not manu-
8 factured in the United States, unless the Secretary of De-
9 fense certifies to the congressional defense committees
10 that such an acquisition must be made in order to acquire
11 capability for national security purposes that is not avail-
12 able from United States manufacturers.
13 SEC. 8052. Notwithstanding any other provision in
14 this Act, the Small Business Innovation Research program
15 and the Small Business Technology Transfer program set-
16 asides shall be taken proportionally from all programs,
17 projects, or activities to the extent they contribute to the
18 extramural budget. The Secretary of each military depart-
19 ment, the Director of each Defense Agency, and the head
20 of each other relevant component of the Department of
21 Defense shall submit to the congressional defense commit-
22 tees, concurrent with submission of the budget justifica-
23 tion documents to Congress pursuant to section 1105 of
24 title 31, United States Code, a report with a detailed ac-
25 counting of the Small Business Innovation Research pro-
December 21, 2020 (12:59 p.m.)

328
1 gram and the Small Business Technology Transfer pro-
2 gram set-asides taken from programs, projects, or activi-
3 ties within such department, agency, or component during
4 the most recently completed fiscal year.
6 partment of Defense under this Act shall be obligated or
7 expended to pay a contractor under a contract with the
8 Department of Defense for costs of any amount paid by
9 the contractor to an employee when—
10 (1) such costs are for a bonus or otherwise in
11 excess of the normal salary paid by the contractor
12 to the employee; and
13 (2) such bonus is part of restructuring costs as-
14 sociated with a business combination.
16 SEC. 8054. During the current fiscal year, no more

17 than $30,000,000 of appropriations made in this Act
18 under the heading ‘‘Operation and Maintenance, Defense-
19 Wide’’ may be transferred to appropriations available for
20 the pay of military personnel, to be merged with, and to
21 be available for the same time period as the appropriations
22 to which transferred, to be used in support of such per-
23 sonnel in connection with support and services for eligible
24 organizations and activities outside the Department of De-
December 21, 2020 (12:59 p.m.)

329
1 fense pursuant to section 2012 of title 10, United States
2 Code.
3 SEC. 8055. During the current fiscal year, in the case
4 of an appropriation account of the Department of Defense
5 for which the period of availability for obligation has ex-
6 pired or which has closed under the provisions of section
7 1552 of title 31, United States Code, and which has a
8 negative unliquidated or unexpended balance, an obliga-
9 tion or an adjustment of an obligation may be charged
10 to any current appropriation account for the same purpose
11 as the expired or closed account if—
12 (1) the obligation would have been properly
13 chargeable (except as to amount) to the expired or
14 closed account before the end of the period of avail-
15 ability or closing of that account;
16 (2) the obligation is not otherwise properly
17 chargeable to any current appropriation account of
18 the Department of Defense; and
19 (3) in the case of an expired account, the obli-
20 gation is not chargeable to a current appropriation
21 of the Department of Defense under the provisions
22 of section 1405(b)(8) of the National Defense Au-
23 thorization Act for Fiscal Year 1991, Public Law
24 101–510, as amended (31 U.S.C. 1551 note): Pro-
25 vided, That in the case of an expired account, if sub-
December 21, 2020 (12:59 p.m.)

330
1 sequent review or investigation discloses that there
2 was not in fact a negative unliquidated or unex-
3 pended balance in the account, any charge to a cur-
4 rent account under the authority of this section shall
5 be reversed and recorded against the expired ac-
6 count: Provided further, That the total amount
7 charged to a current appropriation under this sec-
8 tion may not exceed an amount equal to 1 percent
9 of the total appropriation for that account:
10 Provided, That the Under Secretary of Defense (Comp-
11 troller) shall include with the budget of the President for
12 fiscal year 2022 (as submitted to Congress pursuant to
13 section 1105 of title 31, United States Code) a statement
14 describing each instance if any, during each of the fiscal
15 years 2016 through 2021 in which the authority in this
16 section was exercised.
18 of law, the Chief of the National Guard Bureau may per-
19 mit the use of equipment of the National Guard Distance
20 Learning Project by any person or entity on a space-avail-
21 able, reimbursable basis. The Chief of the National Guard
22 Bureau shall establish the amount of reimbursement for
23 such use on a case-by-case basis.
24 (b) Amounts collected under subsection (a) shall be
25 credited to funds available for the National Guard Dis-
December 21, 2020 (12:59 p.m.)

331
1 tance Learning Project and be available to defray the costs
2 associated with the use of equipment of the project under
3 that subsection. Such funds shall be available for such
4 purposes without fiscal year limitation.
6 SEC. 8057. Of the funds appropriated in this Act

8 Wide’’, $46,000,000 shall be for continued implementation
9 and expansion of the Sexual Assault Special Victims’
10 Counsel Program: Provided, That the funds are made
11 available for transfer to the Department of the Army, the
12 Department of the Navy, and the Department of the Air
13 Force: Provided further, That funds transferred shall be
14 merged with and available for the same purposes and for
15 the same time period as the appropriations to which the
16 funds are transferred: Provided further, That this transfer
17 authority is in addition to any other transfer authority
18 provided in this Act.
19 SEC. 8058. None of the funds appropriated in title
20 IV of this Act may be used to procure end-items for deliv-
21 ery to military forces for operational training, operational
22 use or inventory requirements: Provided, That this restric-
23 tion does not apply to end-items used in development,
24 prototyping, and test activities preceding and leading to
25 acceptance for operational use: Provided further, That this
December 21, 2020 (12:59 p.m.)

332
1 restriction does not apply to programs funded within the
2 National Intelligence Program: Provided further, That the
3 Secretary of Defense shall, at the time of the submittal
4 to Congress of the budget of the President for fiscal year
5 2022 pursuant to section 1105 of title 31, United States
6 Code, submit to the congressional defense committees a
7 report detailing the use of funds requested in research,
8 development, test and evaluation accounts for end-items
9 used in development, prototyping and test activities pre-
10 ceding and leading to acceptance for operational use: Pro-
11 vided further, That the report shall set forth, for each end-
12 item covered by the preceding proviso, a detailed list of
13 the statutory authorities under which amounts in the ac-
14 counts described in that proviso were used for such item:
15 Provided further, That the Secretary of Defense shall, at
16 the time of the submittal to Congress of the budget of
17 the President for fiscal year 2022 pursuant to section
18 1105 of title 31, United States Code, submit to the con-
19 gressional defense committees a certification that funds
20 requested for fiscal year 2022 in research, development,
21 test and evaluation are in compliance with this section:
22 Provided further, That the Secretary of Defense may waive
23 this restriction on a case-by-case basis by certifying in
24 writing to the Committees on Appropriations of the House
December 21, 2020 (12:59 p.m.)

333
1 of Representatives and the Senate that it is in the national
2 security interest to do so.
3 SEC. 8059. (a) The Secretary of Defense may, on a
4 case-by-case basis, waive with respect to a foreign country
5 each limitation on the procurement of defense items from
6 foreign sources provided in law if the Secretary determines
7 that the application of the limitation with respect to that
8 country would invalidate cooperative programs entered
9 into between the Department of Defense and the foreign
10 country, or would invalidate reciprocal trade agreements
11 for the procurement of defense items entered into under
12 section 2531 of title 10, United States Code, and the
13 country does not discriminate against the same or similar
14 defense items produced in the United States for that coun-
15 try.
16 (b) Subsection (a) applies with respect to—
17 (1) contracts and subcontracts entered into on
18 or after the date of the enactment of this Act; and
19 (2) options for the procurement of items that
20 are exercised after such date under contracts that
21 are entered into before such date if the option prices
22 are adjusted for any reason other than the applica-
23 tion of a waiver granted under subsection (a).
24 (c) Subsection (a) does not apply to a limitation re-
25 garding construction of public vessels, ball and roller bear-
December 21, 2020 (12:59 p.m.)

334
1 ings, food, and clothing or textile materials as defined by
2 section XI (chapters 50–65) of the Harmonized Tariff
3 Schedule of the United States and products classified
4 under headings 4010, 4202, 4203, 6401 through 6406,
5 6505, 7019, 7218 through 7229, 7304.41 through
6 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
7 8211, 8215, and 9404.
9 wise made available by this or other Department of De-
10 fense Appropriations Acts may be obligated or expended
11 for the purpose of performing repairs or maintenance to
12 military family housing units of the Department of De-
13 fense, including areas in such military family housing
14 units that may be used for the purpose of conducting offi-
15 cial Department of Defense business.
17 law, funds appropriated in this Act under the heading
18 ‘‘Research, Development, Test and Evaluation, Defense-
19 Wide’’ for any new start advanced concept technology
20 demonstration project or joint capability demonstration
21 project may only be obligated 45 days after a report, in-
22 cluding a description of the project, the planned acquisi-
23 tion and transition strategy and its estimated annual and
24 total cost, has been provided in writing to the congres-
25 sional defense committees: Provided, That the Secretary
December 21, 2020 (12:59 p.m.)

335
1 of Defense may waive this restriction on a case-by-case
2 basis by certifying to the congressional defense committees
3 that it is in the national interest to do so.
4 SEC. 8062. The Secretary of Defense shall continue
5 to provide a classified quarterly report to the Committees
7 Senate, Subcommittees on Defense on certain matters as
8 directed in the classified annex accompanying this Act.
9 SEC. 8063. Notwithstanding section 12310(b) of title
10 10, United States Code, a Reserve who is a member of
11 the National Guard serving on full-time National Guard
12 duty under section 502(f) of title 32, United States Code,
13 may perform duties in support of the ground-based ele-
14 ments of the National Ballistic Missile Defense System.
16 may be used to transfer to any nongovernmental entity
17 ammunition held by the Department of Defense that has
18 a center-fire cartridge and a United States military no-
19 menclature designation of ‘‘armor penetrator’’, ‘‘armor
20 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or
21 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an
22 entity performing demilitarization services for the Depart-
23 ment of Defense under a contract that requires the entity
24 to demonstrate to the satisfaction of the Department of
25 Defense that armor piercing projectiles are either: (1) ren-
December 21, 2020 (12:59 p.m.)

336
1 dered incapable of reuse by the demilitarization process;
2 or (2) used to manufacture ammunition pursuant to a con-
3 tract with the Department of Defense or the manufacture
4 of ammunition for export pursuant to a License for Per-
5 manent Export of Unclassified Military Articles issued by
6 the Department of State.
8 law, the Chief of the National Guard Bureau, or his des-
9 ignee, may waive payment of all or part of the consider-
10 ation that otherwise would be required under section 2667
11 of title 10, United States Code, in the case of a lease of
12 personal property for a period not in excess of 1 year to
13 any organization specified in section 508(d) of title 32,
14 United States Code, or any other youth, social, or fra-
15 ternal nonprofit organization as may be approved by the
16 Chief of the National Guard Bureau, or his designee, on
17 a case-by-case basis.
19 SEC. 8066. Of the amounts appropriated in this Act

20 under the heading ‘‘Operation and Maintenance, Army’’,
22 vided, That, notwithstanding any other provision of law,
23 the Secretary of Defense is authorized to transfer such
24 funds to other activities of the Federal Government: Pro-
25 vided further, That the Secretary of Defense is authorized
December 21, 2020 (12:59 p.m.)

337
1 to enter into and carry out contracts for the acquisition
2 of real property, construction, personal services, and oper-
3 ations related to projects carrying out the purposes of this
4 section: Provided further, That contracts entered into
5 under the authority of this section may provide for such
6 indemnification as the Secretary determines to be nec-
7 essary: Provided further, That projects authorized by this
8 section shall comply with applicable Federal, State, and
9 local law to the maximum extent consistent with the na-
10 tional security, as determined by the Secretary of Defense.
12 or any other Act may be used to take any action to mod-
13 ify—
14 (1) the appropriations account structure for the
15 National Intelligence Program budget, including
16 through the creation of a new appropriation or new
17 appropriation account;
18 (2) how the National Intelligence Program
19 budget request is presented in the unclassified P–1,
20 R–1, and O–1 documents supporting the Depart-
21 ment of Defense budget request;
22 (3) the process by which the National Intel-
23 ligence Program appropriations are apportioned to
24 the executing agencies; or
December 21, 2020 (12:59 p.m.)

338
1 (4) the process by which the National Intel-
2 ligence Program appropriations are allotted, obli-
3 gated and disbursed.
4 (b) Nothing in subsection (a) shall be construed to
5 prohibit the merger of programs or changes to the Na-
6 tional Intelligence Program budget at or below the Ex-
7 penditure Center level, provided such change is otherwise
8 in accordance with paragraphs (a)(1)–(3).
9 (c) The Director of National Intelligence and the Sec-
10 retary of Defense may jointly, only for the purposes of
11 achieving auditable financial statements and improving
12 fiscal reporting, study and develop detailed proposals for
13 alternative financial management processes. Such study
14 shall include a comprehensive counterintelligence risk as-
15 sessment to ensure that none of the alternative processes
16 will adversely affect counterintelligence.
17 (d) Upon development of the detailed proposals de-
18 fined under subsection (c), the Director of National Intel-
19 ligence and the Secretary of Defense shall—
20 (1) provide the proposed alternatives to all af-
21 fected agencies;
22 (2) receive certification from all affected agen-
23 cies attesting that the proposed alternatives will help
24 achieve auditability, improve fiscal reporting, and
25 will not adversely affect counterintelligence; and
December 21, 2020 (12:59 p.m.)

339
1 (3) not later than 30 days after receiving all
2 necessary certifications under paragraph (2), present
3 the proposed alternatives and certifications to the
4 congressional defense and intelligence committees.
5 SEC. 8068. In addition to amounts provided else-
6 where in this Act, $10,000,000 is hereby appropriated to
7 the Department of Defense, to remain available for obliga-
8 tion until expended: Provided, That notwithstanding any
9 other provision of law, that upon the determination of the
10 Secretary of Defense that it shall serve the national inter-
11 est, these funds shall be available only for a grant to the
12 Fisher House Foundation, Inc., only for the construction
13 and furnishing of additional Fisher Houses to meet the
14 needs of military family members when confronted with
15 the illness or hospitalization of an eligible military bene-
16 ficiary.
18 SEC. 8069. Of the amounts appropriated for ‘‘Oper-

19 ation and Maintenance, Navy’’, up to $1,000,000 shall be
20 available for transfer to the John C. Stennis Center for
21 Public Service Development Trust Fund established under
22 section 116 of the John C. Stennis Center for Public Serv-
23 ice Training and Development Act (2 U.S.C. 1105).
25 partment of Defense may be obligated to modify command
December 21, 2020 (12:59 p.m.)

340
1 and control relationships to give Fleet Forces Command
2 operational and administrative control of United States
3 Navy forces assigned to the Pacific fleet: Provided, That
4 the command and control relationships which existed on
5 October 1, 2004, shall remain in force until a written
6 modification has been proposed to the Committees on Ap-
7 propriations of the House of Representatives and the Sen-
8 ate: Provided further, That the proposed modification may
9 be implemented 30 days after the notification unless an
10 objection is received from either the House or Senate Ap-
11 propriations Committees: Provided further, That any pro-
12 posed modification shall not preclude the ability of the
13 commander of United States Indo-Pacific Command to
14 meet operational requirements.
15 SEC. 8071. Any notice that is required to be sub-
16 mitted to the Committees on Appropriations of the House
17 of Representatives and the Senate under section 806(c)(4)
18 of the Bob Stump National Defense Authorization Act for
19 Fiscal Year 2003 (10 U.S.C. 2302 note) after the date
20 of the enactment of this Act shall be submitted pursuant
21 to that requirement concurrently to the Subcommittees on
22 Defense of the Committees on Appropriations of the
23 House of Representatives and the Senate.
December 21, 2020 (12:59 p.m.)

341

3 under the headings ‘‘Procurement, Defense-Wide’’ and
4 ‘‘Research, Development, Test and Evaluation, Defense-
5 Wide’’, $500,000,000 shall be for the Israeli Cooperative
6 Programs: Provided, That of this amount, $73,000,000
7 shall be for the Secretary of Defense to provide to the Gov-
8 ernment of Israel for the procurement of the Iron Dome
9 defense system to counter short-range rocket threats, sub-
10 ject to the U.S.-Israel Iron Dome Procurement Agree-
11 ment, as amended; $177,000,000 shall be for the Short
12 Range Ballistic Missile Defense (SRBMD) program, in-
13 cluding cruise missile defense research and development
14 under the SRBMD program, of which $50,000,000 shall
15 be for co-production activities of SRBMD systems in the
16 United States and in Israel to meet Israel’s defense re-
17 quirements consistent with each nation’s laws, regulations,
18 and procedures, subject to the U.S.-Israeli co-production
19 agreement for SRBMD, as amended; $77,000,000 shall
20 be for an upper-tier component to the Israeli Missile De-
21 fense Architecture, of which $77,000,000 shall be for co-
22 production activities of Arrow 3 Upper Tier systems in
23 the United States and in Israel to meet Israel’s defense
24 requirements consistent with each nation’s laws, regula-
25 tions, and procedures, subject to the U.S.-Israeli co-pro-
December 21, 2020 (12:59 p.m.)

342
1 duction agreement for Arrow 3 Upper Tier, as amended;
2 and $173,000,000 shall be for the Arrow System Improve-
3 ment Program including development of a long range,
4 ground and airborne, detection suite: Provided further,
5 That the transfer authority provided under this provision
7 in this Act.

10 under the heading ‘‘Shipbuilding and Conversion, Navy’’,
11 $407,312,000 shall be available until September 30, 2021,
12 to fund prior year shipbuilding cost increases: Provided,
13 That upon enactment of this Act, the Secretary of the
14 Navy shall transfer funds to the following appropriations
15 in the amounts specified: Provided further, That the
16 amounts transferred shall be merged with and be available
17 for the same purposes as the appropriations to which
18 transferred to:
19 (1) Under the heading ‘‘Shipbuilding and Con-
20 version, Navy’’, 2008/2021: Carrier Replacement
21 Program $71,000,000;
23 version, Navy’’, 2015/2021: DDG–51 Destroyer
24 $9,634,000;
December 21, 2020 (12:59 p.m.)

343
2 version, Navy’’, 2016/2021: CVN Refueling Over-
3 hauls $186,200,000;
5 version, Navy’’, 2016/2021: LPD–17 $30,578,000;
7 version, Navy’’, 2016/2021: TAO Fleet Oiler
8 $42,500,000;
10 version, Navy’’, 2018/2021: TAO Fleet Oiler
11 $17,400,000; and
13 version, Navy’’, 2018/2021: Expeditionary Fast
14 Transport $50,000,000.
16 available by the transfer of funds in this Act, for intel-
17 ligence activities are deemed to be specifically authorized
18 by the Congress for purposes of section 504 of the Na-
19 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal
20 year 2021 until the enactment of the Intelligence Author-
21 ization Act for Fiscal Year 2021.
23 shall be available for obligation or expenditure through a
24 reprogramming of funds that creates or initiates a new
25 program, project, or activity unless such program, project,
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344
1 or activity must be undertaken immediately in the interest
2 of national security and only after written prior notifica-
3 tion to the congressional defense committees.
4 SEC. 8076. The budget of the President for fiscal
5 year 2022 submitted to the Congress pursuant to section
6 1105 of title 31, United States Code, shall include sepa-
7 rate budget justification documents for costs of United
8 States Armed Forces’ participation in contingency oper-
9 ations for the Military Personnel accounts, the Operation
10 and Maintenance accounts, the Procurement accounts,
11 and the Research, Development, Test and Evaluation ac-
12 counts: Provided, That these documents shall include a de-
13 scription of the funding requested for each contingency op-
14 eration, for each military service, to include all Active and
15 Reserve components, and for each appropriations account:
16 Provided further, That these documents shall include esti-
17 mated costs for each element of expense or object class,
18 a reconciliation of increases and decreases for each contin-
19 gency operation, and programmatic data including, but
20 not limited to, troop strength for each Active and Reserve
21 component, and estimates of the major weapons systems
22 deployed in support of each contingency: Provided further,
23 That these documents shall include budget exhibits OP–
24 5 and OP–32 (as defined in the Department of Defense
25 Financial Management Regulation) for all contingency op-
December 21, 2020 (12:59 p.m.)

345
1 erations for the budget year and the two preceding fiscal
2 years.
4 used for research, development, test, evaluation, procure-
5 ment or deployment of nuclear armed interceptors of a
6 missile defense system.
7 SEC. 8078. The Secretary of Defense may use up to
8 $650,000,000 of the amounts appropriated or otherwise
9 made available in this Act to the Department of Defense
10 for the rapid acquisition and deployment of supplies and
11 associated support services pursuant to section 806 of the
12 Bob Stump National Defense Authorization Act for Fiscal
13 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note),
14 but only for the purposes specified in clauses (i), (ii), (iii),
15 and (iv) of subsection (c)(3)(B) of such section and sub-
16 ject to the applicable limits specified in clauses (i), (ii),
17 and (iii) of such subsection and, in the case of clause (iv)
18 of such subsection, subject to a limit of $50,000,000: Pro-
19 vided, That the Secretary of Defense shall notify the con-
20 gressional defense committees promptly of all uses of this
21 authority.
22 SEC. 8079. None of the funds appropriated or made
23 available in this Act shall be used to reduce or disestablish
24 the operation of the 53rd Weather Reconnaissance Squad-
25 ron of the Air Force Reserve, if such action would reduce
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346
1 the WC–130 Weather Reconnaissance mission below the
2 levels funded in this Act: Provided, That the Air Force
3 shall allow the 53rd Weather Reconnaissance Squadron to
4 perform other missions in support of national defense re-
5 quirements during the non-hurricane season.
7 shall be available for integration of foreign intelligence in-
8 formation unless the information has been lawfully col-
9 lected and processed during the conduct of authorized for-
10 eign intelligence activities: Provided, That information
11 pertaining to United States persons shall only be handled
12 in accordance with protections provided in the Fourth
13 Amendment of the United States Constitution as imple-
14 mented through Executive Order No. 12333.
15 SEC. 8081. (a) None of the funds appropriated by
16 this Act may be used to transfer research and develop-
17 ment, acquisition, or other program authority relating to
18 current tactical unmanned aerial vehicles (TUAVs) from
19 the Army.
20 (b) The Army shall retain responsibility for and oper-
21 ational control of the MQ–1C Gray Eagle Unmanned Aer-
22 ial Vehicle (UAV) in order to support the Secretary of De-
23 fense in matters relating to the employment of unmanned
24 aerial vehicles.
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347
2 Act for programs of the Office of the Director of National
3 Intelligence shall remain available for obligation beyond
4 the current fiscal year, except for funds appropriated for
5 research and technology, which shall remain available until
7 SEC. 8083. For purposes of section 1553(b) of title
8 31, United States Code, any subdivision of appropriations
9 made in this Act under the heading ‘‘Shipbuilding and
10 Conversion, Navy’’ shall be considered to be for the same
11 purpose as any subdivision under the heading ‘‘Ship-
12 building and Conversion, Navy’’ appropriations in any
13 prior fiscal year, and the 1 percent limitation shall apply
14 to the total amount of the appropriation.
15 SEC. 8084. (a) Not later than 60 days after the date
16 of enactment of this Act, the Director of National Intel-
17 ligence shall submit a report to the congressional intel-
18 ligence committees to establish the baseline for application
19 of reprogramming and transfer authorities for fiscal year
20 2021: Provided, That the report shall include—
21 (1) a table for each appropriation with a sepa-
24 due to enacted rescissions, if appropriate, and the
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348
1 (2) a delineation in the table for each appro-
2 priation by Expenditure Center and project; and
3 (3) an identification of items of special congres-
4 sional interest.
5 (b) None of the funds provided for the National Intel-
6 ligence Program in this Act shall be available for re-
7 programming or transfer until the report identified in sub-
8 section (a) is submitted to the congressional intelligence
9 committees, unless the Director of National Intelligence
10 certifies in writing to the congressional intelligence com-
11 mittees that such reprogramming or transfer is necessary
12 as an emergency requirement.
14 law, any transfer of funds, appropriated or otherwise made
15 available by this Act, for support to friendly foreign coun-
16 tries in connection with the conduct of operations in which
17 the United States is not participating, pursuant to section
18 331(d) of title 10, United States Code, shall be made in
19 accordance with section 8005 or 9002 of this Act, as appli-
20 cable.
21 SEC. 8086. Any transfer of amounts appropriated to
22 the Department of Defense Acquisition Workforce Devel-
23 opment Account in or for fiscal year 2021 to a military
24 department or Defense Agency pursuant to section
25 1705(e)(1) of title 10, United States Code, shall be cov-
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349
1 ered by and subject to section 8005 or 9002 of this Act,
2 as applicable.
4 Act for excess defense articles, assistance under section
5 333 of title 10, United States Code, or peacekeeping oper-
6 ations for the countries designated annually to be in viola-
7 tion of the standards of the Child Soldiers Prevention Act
8 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may
9 be used to support any military training or operation that
10 includes child soldiers, as defined by the Child Soldiers
11 Prevention Act of 2008, unless such assistance is other-
12 wise permitted under section 404 of the Child Soldiers
13 Prevention Act of 2008.
14 SEC. 8088. (a) None of the funds provided for the
15 National Intelligence Program in this or any prior appro-
16 priations Act shall be available for obligation or expendi-
17 ture through a reprogramming or transfer of funds in ac-
18 cordance with section 102A(d) of the National Security
19 Act of 1947 (50 U.S.C. 3024(d)) that—
20 (1) creates a new start effort;
21 (2) terminates a program with appropriated
22 funding of $10,000,000 or more;
23 (3) transfers funding into or out of the Na-
24 tional Intelligence Program; or
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350
1 (4) transfers funding between appropriations,
2 unless the congressional intelligence committees are
3 notified 30 days in advance of such reprogramming
4 of funds; this notification period may be reduced for
5 urgent national security requirements.
6 (b) None of the funds provided for the National Intel-
7 ligence Program in this or any prior appropriations Act
8 shall be available for obligation or expenditure through a
9 reprogramming or transfer of funds in accordance with
10 section 102A(d) of the National Security Act of 1947 (50
11 U.S.C. 3024(d)) that results in a cumulative increase or
12 decrease of the levels specified in the classified annex ac-
13 companying the Act unless the congressional intelligence
14 committees are notified 30 days in advance of such re-
15 programming of funds; this notification period may be re-
16 duced for urgent national security requirements.
17 SEC. 8089. In this fiscal year and each fiscal year
18 thereafter, funds appropriated under the heading ‘‘Pro-
19 curement, Space Force’’ may be obligated for payment of
20 satellite on-orbit incentives in the fiscal year in which an
21 incentive payment is earned: Provided, That any obligation
22 made pursuant to this section may not be entered into
23 until 30 calendar days in session after the congressional
24 defense committees have been notified that an on-orbit in-
25 centive payment has been earned.
December 21, 2020 (12:59 p.m.)

351
2 ‘‘congressional intelligence committees’’ means the Perma-
3 nent Select Committee on Intelligence of the House of
4 Representatives, the Select Committee on Intelligence of
5 the Senate, the Subcommittee on Defense of the Com-
6 mittee on Appropriations of the House of Representatives,
7 and the Subcommittee on Defense of the Committee on
8 Appropriations of the Senate.
10 SEC. 8091. During the current fiscal year, not to ex-

11 ceed $11,000,000 from each of the appropriations made
12 in title II of this Act for ‘‘Operation and Maintenance,
13 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
14 ation and Maintenance, Air Force’’ may be transferred by
15 the military department concerned to its central fund es-
16 tablished for Fisher Houses and Suites pursuant to sec-
17 tion 2493(d) of title 10, United States Code.
19 Act may be available for the purpose of making remit-
20 tances to the Department of Defense Acquisition Work-
21 force Development Account in accordance with section
23 SEC. 8093. (a) Any agency receiving funds made
24 available in this Act, shall, subject to subsections (b) and
25 (c), post on the public Web site of that agency any report
December 21, 2020 (12:59 p.m.)

352
1 required to be submitted by the Congress in this or any
2 other Act, upon the determination by the head of the agen-
3 cy that it shall serve the national interest.
4 (b) Subsection (a) shall not apply to a report if—
5 (1) the public posting of the report com-
6 promises national security; or
7 (2) the report contains proprietary information.
8 (c) The head of the agency posting such report shall
9 do so only after such report has been made available to
10 the requesting Committee or Committees of Congress for
11 no less than 45 days.
12 SEC. 8094. (a) None of the funds appropriated or
13 otherwise made available by this Act may be expended for
14 any Federal contract for an amount in excess of
15 $1,000,000, unless the contractor agrees not to—
16 (1) enter into any agreement with any of its
17 employees or independent contractors that requires,
18 as a condition of employment, that the employee or
19 independent contractor agree to resolve through ar-
20 bitration any claim under title VII of the Civil
21 Rights Act of 1964 or any tort related to or arising
22 out of sexual assault or harassment, including as-
23 sault and battery, intentional infliction of emotional
24 distress, false imprisonment, or negligent hiring, su-
25 pervision, or retention; or
December 21, 2020 (12:59 p.m.)

353
1 (2) take any action to enforce any provision of
2 an existing agreement with an employee or inde-
3 pendent contractor that mandates that the employee
4 or independent contractor resolve through arbitra-
5 tion any claim under title VII of the Civil Rights Act
6 of 1964 or any tort related to or arising out of sex-
7 ual assault or harassment, including assault and
8 battery, intentional infliction of emotional distress,
9 false imprisonment, or negligent hiring, supervision,
10 or retention.
12 made available by this Act may be expended for any Fed-
13 eral contract unless the contractor certifies that it requires
14 each covered subcontractor to agree not to enter into, and
15 not to take any action to enforce any provision of, any
16 agreement as described in paragraphs (1) and (2) of sub-
17 section (a), with respect to any employee or independent
18 contractor performing work related to such subcontract.
19 For purposes of this subsection, a ‘‘covered subcon-
20 tractor’’ is an entity that has a subcontract in excess of
21 $1,000,000 on a contract subject to subsection (a).
22 (c) The prohibitions in this section do not apply with
23 respect to a contractor’s or subcontractor’s agreements
24 with employees or independent contractors that may not
25 be enforced in a court of the United States.
December 21, 2020 (12:59 p.m.)

354
1 (d) The Secretary of Defense may waive the applica-
2 tion of subsection (a) or (b) to a particular contractor or
3 subcontractor for the purposes of a particular contract or
4 subcontract if the Secretary or the Deputy Secretary per-
5 sonally determines that the waiver is necessary to avoid
6 harm to national security interests of the United States,
7 and that the term of the contract or subcontract is not
8 longer than necessary to avoid such harm. The determina-
9 tion shall set forth with specificity the grounds for the
10 waiver and for the contract or subcontract term selected,
11 and shall state any alternatives considered in lieu of a
12 waiver and the reasons each such alternative would not
13 avoid harm to national security interests of the United
14 States. The Secretary of Defense shall transmit to Con-
15 gress, and simultaneously make public, any determination
16 under this subsection not less than 15 business days be-
17 fore the contract or subcontract addressed in the deter-
18 mination may be awarded.
20 SEC. 8095. From within the funds appropriated for

21 operation and maintenance for the Defense Health Pro-
22 gram in this Act, up to $137,000,000, shall be available
23 for transfer to the Joint Department of Defense-Depart-
24 ment of Veterans Affairs Medical Facility Demonstration
25 Fund in accordance with the provisions of section 1704
December 21, 2020 (12:59 p.m.)

355
1 of the National Defense Authorization Act for Fiscal Year
2 2010, Public Law 111–84: Provided, That for purposes
3 of section 1704(b), the facility operations funded are oper-
4 ations of the integrated Captain James A. Lovell Federal
5 Health Care Center, consisting of the North Chicago Vet-
6 erans Affairs Medical Center, the Navy Ambulatory Care
7 Center, and supporting facilities designated as a combined
8 Federal medical facility as described by section 706 of
9 Public Law 110–417: Provided further, That additional
10 funds may be transferred from funds appropriated for op-
11 eration and maintenance for the Defense Health Program
12 to the Joint Department of Defense-Department of Vet-
13 erans Affairs Medical Facility Demonstration Fund upon
14 written notification by the Secretary of Defense to the
16 atives and the Senate.
18 wise made available by this Act may be used by the De-
19 partment of Defense or a component thereof in contraven-
20 tion of the provisions of section 130h of title 10, United
21 States Code.
22 SEC. 8097. Appropriations available to the Depart-
23 ment of Defense may be used for the purchase of heavy
24 and light armored vehicles for the physical security of per-
25 sonnel or for force protection purposes up to a limit of
December 21, 2020 (12:59 p.m.)

356
1 $450,000 per vehicle, notwithstanding price or other limi-
2 tations applicable to the purchase of passenger carrying
3 vehicles.
5 SEC. 8098. Upon a determination by the Director of

6 National Intelligence that such action is necessary and in
7 the national interest, the Director may, with the approval
8 of the Office of Management and Budget, transfer not to
9 exceed $1,500,000,000 of the funds made available in this
10 Act for the National Intelligence Program: Provided, That
11 such authority to transfer may not be used unless for
12 higher priority items, based on unforeseen intelligence re-
13 quirements, than those for which originally appropriated
14 and in no case where the item for which funds are re-
15 quested has been denied by the Congress: Provided further,
16 That a request for multiple reprogrammings of funds
17 using authority provided in this section shall be made
18 prior to June 30, 2021.
20 Act may be used in contravention of the War Powers Res-
21 olution (50 U.S.C. 1541 et seq.).
December 21, 2020 (12:59 p.m.)

357
6 at United States Naval Station, Guantánamo Bay,
7 Cuba, by the Department of Defense.
9 wise made available in this Act may be used to transfer
10 any individual detained at United States Naval Station
11 Guantánamo Bay, Cuba, to the custody or control of the
12 individual’s country of origin, any other foreign country,
13 or any other foreign entity except in accordance with sec-
14 tion 1034 of the National Defense Authorization Act for
15 Fiscal Year 2016 (Public Law 114–92) and section 1035
16 of the John S. McCain National Defense Authorization
17 Act for Fiscal Year 2019 (Public Law 115–232).
19 otherwise made available by this or any other Act may
20 be used by the Secretary of Defense, or any other official
21 or officer of the Department of Defense, to enter into a
22 contract, memorandum of understanding, or cooperative
23 agreement with, or make a grant to, or provide a loan
24 or loan guarantee to Rosoboronexport or any subsidiary
25 of Rosoboronexport.
December 21, 2020 (12:59 p.m.)

358
1 (b) The Secretary of Defense may waive the limita-
2 tion in subsection (a) if the Secretary, in consultation with
3 the Secretary of State and the Director of National Intel-
4 ligence, determines that it is in the vital national security
5 interest of the United States to do so, and certifies in writ-
6 ing to the congressional defense committees that—
7 (1) Rosoboronexport has ceased the transfer of
8 lethal military equipment to, and the maintenance of
9 existing lethal military equipment for, the Govern-
10 ment of the Syrian Arab Republic;
11 (2) the armed forces of the Russian Federation
12 have withdrawn from Crimea, other than armed
13 forces present on military bases subject to agree-
14 ments in force between the Government of the Rus-
15 sian Federation and the Government of Ukraine;
16 and
17 (3) agents of the Russian Federation have
18 ceased taking active measures to destabilize the con-
19 trol of the Government of Ukraine over eastern
20 Ukraine.
21 (c) The Inspector General of the Department of De-
22 fense shall conduct a review of any action involving
23 Rosoboronexport with respect to a waiver issued by the
24 Secretary of Defense pursuant to subsection (b), and not
25 later than 90 days after the date on which such a waiver
December 21, 2020 (12:59 p.m.)

359
1 is issued by the Secretary of Defense, the Inspector Gen-
2 eral shall submit to the congressional defense committees
3 a report containing the results of the review conducted
4 with respect to such waiver.
6 Act may be used for the purchase or manufacture of a
7 flag of the United States unless such flags are treated as
8 covered items under section 2533a(b) of title 10, United
9 States Code.
11 otherwise made available in this or any other Act may be
12 used to construct, acquire, or modify any facility in the
13 United States, its territories, or possessions to house any
14 individual described in subsection (c) for the purposes of
15 detention or imprisonment in the custody or under the ef-
16 fective control of the Department of Defense.
19 Station, Guantánamo Bay, Cuba.
22 States Naval Station, Guantánamo Bay, Cuba, and who—
25 and
December 21, 2020 (12:59 p.m.)

360
1 (2) is—
5 States Naval Station, Guantánamo Bay, Cuba.
7 for ‘‘Shipbuilding and Conversion, Navy’’, $60,000,000, to
8 remain available for obligation until September 30, 2025,
9 may be used for the purchase of two used sealift vessels
10 for the National Defense Reserve Fleet, established under
11 section 11 of the Merchant Ship Sales Act of 1946 (46
12 U.S.C. 57100): Provided, That such amounts are available
13 for reimbursements to the Ready Reserve Force, Maritime
14 Administration account of the United States Department
15 of Transportation for programs, projects, activities, and
16 expenses related to the National Defense Reserve Fleet:
17 Provided further, That notwithstanding 10 U.S.C. 2218
18 (National Defense Sealift Fund), none of these funds shall
19 be transferred to the National Defense Sealift Fund for
20 execution.
21 SEC. 8106. The Secretary of Defense shall post grant
22 awards on a public website in a searchable format.
23 SEC. 8107. If the Secretary of a military department
24 reduces each research, development, test and evaluation,
25 and procurement account of the military department pur-
December 21, 2020 (12:59 p.m.)

361
1 suant to paragraph (1) of section 828(d) of the National
3 Law 114–92; 10 U.S.C. 2430 note), the Secretary shall
4 allocate the reduction determined under paragraph (2) of
5 such section 828(d) proportionally from all programs,
6 projects, or activities under such account: Provided, That
7 the authority under section 804(d)(2) of the National De-
8 fense Authorization Act for Fiscal Year 2016 (Public Law
9 114–92; 10 U.S.C. 2302 note) to transfer amounts avail-
10 able in the Rapid Prototyping Fund shall be subject to
11 section 8005 or 9002 of this Act, as applicable.
13 Act may be used by the National Security Agency to—
14 (1) conduct an acquisition pursuant to section
15 702 of the Foreign Intelligence Surveillance Act of
16 1978 for the purpose of targeting a United States
17 person; or
18 (2) acquire, monitor, or store the contents (as
19 such term is defined in section 2510(8) of title 18,
20 United States Code) of any electronic communica-
21 tion of a United States person from a provider of
22 electronic communication services to the public pur-
23 suant to section 501 of the Foreign Intelligence Sur-
24 veillance Act of 1978.
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362
2 or any other Act may be used to pay the salary of any
3 officer or employee of any agency funded by this Act who
4 approves or implements the transfer of administrative re-
5 sponsibilities or budgetary resources of any program,
6 project, or activity financed by this Act to the jurisdiction
7 of another Federal agency not financed by this Act with-
8 out the express authorization of Congress: Provided, That
9 this limitation shall not apply to transfers of funds ex-
10 pressly provided for in Defense Appropriations Acts, or
11 provisions of Acts providing supplemental appropriations
12 for the Department of Defense.
14 for ‘‘Operation and Maintenance, Navy’’, $376,029,000,
15 to remain available until expended, may be used for any
16 purposes related to the National Defense Reserve Fleet
17 established under section 11 of the Merchant Ship Sales
18 Act of 1946 (46 U.S.C. 57100): Provided, That such
19 amounts are available for reimbursements to the Ready
20 Reserve Force, Maritime Administration account of the
21 United States Department of Transportation for pro-
22 grams, projects, activities, and expenses related to the Na-
23 tional Defense Reserve Fleet.
25 Act may be obligated for activities authorized under sec-
December 21, 2020 (12:59 p.m.)

363
1 tion 1208 of the Ronald W. Reagan National Defense Au-
2 thorization Act for Fiscal Year 2005 (Public Law 112–
3 81; 125 Stat. 1621) to initiate support for, or expand sup-
4 port to, foreign forces, irregular forces, groups, or individ-
5 uals unless the congressional defense committees are noti-
6 fied in accordance with the direction contained in the clas-
7 sified annex accompanying this Act, not less than 15 days
8 before initiating such support: Provided, That none of the
9 funds made available in this Act may be used under sec-
10 tion 1208 for any activity that is not in support of an
11 ongoing military operation being conducted by United
12 States Special Operations Forces to combat terrorism:
13 Provided further, That the Secretary of Defense may waive
14 the prohibitions in this section if the Secretary determines
15 that such waiver is required by extraordinary cir-
16 cumstances and, by not later than 72 hours after making
17 such waiver, notifies the congressional defense committees
18 of such waiver.
19 SEC. 8112. The Secretary of Defense, in consultation
20 with the Service Secretaries, shall submit a report to the
21 congressional defense committees, not later than 180 days
22 after the enactment of this Act, detailing the submission
23 of records during the previous 12 months to databases ac-
24 cessible to the National Instant Criminal Background
25 Check System (NICS), including the Interstate Identifica-
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364
1 tion Index (III), the National Crime Information Center
2 (NCIC), and the NICS Index, as required by Public Law
3 110–180: Provided, That such report shall provide the
4 number and category of records submitted by month to
5 each such database, by Service or Component: Provided
6 further, That such report shall identify the number and
7 category of records submitted by month to those databases
8 for which the Identification for Firearm Sales (IFFS) flag
9 or other database flags were used to pre-validate the
10 records and indicate that such persons are prohibited from
11 receiving or possessing a firearm: Provided further, That
12 such report shall describe the steps taken during the pre-
13 vious 12 months, by Service or Component, to ensure com-
14 plete and accurate submission and appropriate flagging of
15 records of individuals prohibited from gun possession or
16 receipt pursuant to 18 U.S.C. 922(g) or (n) including ap-
17 plicable records involving proceedings under the Uniform
18 Code of Military Justice.
19 SEC. 8113. (a) None of the funds provided in this
20 Act for the TAO Fleet Oiler program shall be used to
21 award a new contract that provides for the acquisition of
22 the following components unless those components are
23 manufactured in the United States: Auxiliary equipment
24 (including pumps) for shipboard services; propulsion
25 equipment (including engines, reduction gears, and propel-
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365
1 lers); shipboard cranes; and spreaders for shipboard
2 cranes.
3 (b) None of the funds provided in this Act for the
4 FFG(X) Frigate program shall be used to award a new
5 contract that provides for the acquisition of the following
6 components unless those components are manufactured in
7 the United States: Air circuit breakers; gyrocompasses;
8 electronic navigation chart systems; steering controls;
9 pumps; propulsion and machinery control systems; totally
10 enclosed lifeboats; auxiliary equipment pumps; shipboard
11 cranes; auxiliary chill water systems; and propulsion pro-
12 pellers: Provided, That the Secretary of the Navy shall in-
13 corporate United States manufactured propulsion engines
14 and propulsion reduction gears into the FFG(X) Frigate
15 program beginning not later than with the eleventh ship
16 of the program.
17 SEC. 8114. No amounts credited or otherwise made
18 available in this or any other Act to the Department of
19 Defense Acquisition Workforce Development Account may
20 be transferred to:
21 (1) the Rapid Prototyping Fund established
22 under section 804(d) of the National Defense Au-
23 thorization Act for Fiscal Year 2016 (10 U.S.C.
24 2302 note); or
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366
1 (2) credited to a military-department specific
2 fund established under section 804(d)(2) of the Na-
3 tional Defense Authorization Act for Fiscal Year
4 2016 (as amended by section 897 of the National
5 Defense Authorization Act for Fiscal Year 2017).
7 Act may be used for Government Travel Charge Card ex-
8 penses by military or civilian personnel of the Department
9 of Defense for gaming, or for entertainment that includes
10 topless or nude entertainers or participants, as prohibited
11 by Department of Defense FMR, Volume 9, Chapter 3
12 and Department of Defense Instruction 1015.10 (enclo-
13 sure 3, 14a and 14b).
16 network unless such network is designed to block access
17 to pornography websites.
21 nal investigations, prosecution, or adjudication activities,
22 or for any activity necessary for the national defense, in-
23 cluding intelligence activities.
25 Act may be made available to deliver F–35 air vehicles
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367
1 or any other F–35 weapon system equipment to the Re-
2 public of Turkey, except in accordance with section 1245
3 of the National Defense Authorization Act for Fiscal Year
4 2020 (Public Law 116–92).
5 SEC. 8118. In addition to amounts provided else-
6 where in this Act, there is appropriated $284,000,000, for
7 an additional amount for ‘‘Operation and Maintenance,
8 Defense-Wide’’, to remain available until expended: Pro-
9 vided, That such funds shall only be available to the Sec-
10 retary of Defense, acting through the Office of Economic
11 Adjustment of the Department of Defense, or for transfer
12 to the Secretary of Education, notwithstanding any other
13 provision of law, to make grants, conclude cooperative
14 agreements, or supplement other Federal funds to con-
15 struct, renovate, repair, or expand elementary and sec-
16 ondary public schools on military installations in order to
17 address capacity or facility condition deficiencies at such
18 schools: Provided further, That in making such funds
19 available, the Office of Economic Adjustment or the Sec-
20 retary of Education shall give priority consideration to
21 those military installations with schools having the most
22 serious capacity or facility condition deficiencies as deter-
23 mined by the Secretary of Defense: Provided further, That
24 as a condition of receiving funds under this section a local
25 educational agency or State shall provide a matching share
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368
1 as described in the notice titled ‘‘Department of Defense
2 Program for Construction, Renovation, Repair or Expan-
3 sion of Public Schools Located on Military Installations’’
4 published by the Department of Defense in the Federal
5 Register on September 9, 2011 (76 Fed. Reg. 55883 et
6 seq.): Provided further, That these provisions apply to
7 funds provided under this section, and to funds previously
8 provided by Congress to construct, renovate, repair, or ex-
9 pand elementary and secondary public schools on military
10 installations in order to address capacity or facility condi-
11 tion deficiencies at such schools to the extent such funds
12 remain unobligated on the date of enactment of this sec-
13 tion.
14 SEC. 8119. In carrying out the program described in
15 the memorandum on the subject of ‘‘Policy for Assisted
16 Reproductive Services for the Benefit of Seriously or Se-
17 verely Ill/Injured (Category II or III) Active Duty Service
18 Members’’ issued by the Assistant Secretary of Defense
19 for Health Affairs on April 3, 2012, and the guidance
20 issued to implement such memorandum, the Secretary of
21 Defense shall apply such policy and guidance, except
22 that—
23 (1) the limitation on periods regarding embryo
24 cryopreservation and storage set forth in part III(G)
December 21, 2020 (12:59 p.m.)

369
1 and in part IV(H) of such memorandum shall not
2 apply; and
3 (2) the term ‘‘assisted reproductive technology’’
4 shall include embryo cryopreservation and storage
5 without limitation on the duration of such
6 cryopreservation and storage.
8 Act may be used to carry out the closure or realignment
9 of the United States Naval Station, Guantánamo Bay,
10 Cuba.
11 SEC. 8121. None of the funds provided for, or other-
12 wise made available, in this or any other Act, may be obli-
13 gated or expended by the Secretary of Defense to provide
14 motorized vehicles, aviation platforms, munitions other
15 than small arms and munitions appropriate for customary
16 ceremonial honors, operational military units, or oper-
17 ational military platforms if the Secretary determines that
18 providing such units, platforms, or equipment would un-
19 dermine the readiness of such units, platforms, or equip-
20 ment.
21 SEC. 8122. The Secretary of Defense may obligate
22 and expend funds made available under this Act for pro-
23 curement or for research, development, test and evaluation
24 for the F–35 Joint Strike Fighter to modify up to six F–
25 35 aircraft, including up to two F–35 aircraft of each vari-
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370
1 ant, to a test configuration: Provided, That the Secretary
2 of Defense shall, with the concurrence of the Secretary
3 of the Air Force and the Secretary of the Navy, notify
4 the congressional defense committees not fewer than 30
5 days prior to obligating and expending funds under this
6 section: Provided further, That any transfer of funds pur-
7 suant to the authority provided in this section shall be
8 made in accordance with section 8005 or 9002 of this Act,
9 as appropriate, if applicable: Provided further, That air-
10 craft referred to previously in this section are not addi-
11 tional to aircraft referred to in section 8135 of the Depart-
12 ment of Defense Appropriations Act, 2019 and section
13 8126 of the Department of Defense Appropriations Act,
14 2020.
15 SEC. 8123. Amounts appropriated for ‘‘Defense
16 Health Program’’ in this Act and hereafter may be obli-
17 gated to make death gratuity payments, as authorized in
18 subchapter II of chapter 75 of title 10, United States
19 Code, if no appropriation for ‘‘Military Personnel’’ is avail-
20 able for obligation for such payments: Provided, That such
21 obligations may subsequently be recorded against appro-
22 priations available for ‘‘Military Personnel’’.
24 this or any other Act may be used to enter into a contract,
25 memorandum of understanding, or cooperative agreement
December 21, 2020 (12:59 p.m.)

371
1 with, make a grant to, or provide a loan or loan guarantee
2 to any corporation that has any unpaid Federal tax liabil-
3 ity that has been assessed, for which all judicial and ad-
4 ministrative remedies have been exhausted or have lapsed,
5 and that is not being paid in a timely manner pursuant
6 to an agreement with the authority responsible for col-
7 lecting such tax liability, provided that the applicable Fed-
8 eral agency is aware of the unpaid Federal tax liability.
9 (b) Subsection (a) shall not apply if the applicable
10 Federal agency has considered suspension or debarment
11 of the corporation described in such subsection and has
12 made a determination that such suspension or debarment
13 is not necessary to protect the interests of the Federal
14 Government.
15 SEC. 8125. During fiscal year 2021, any advance bill-
16 ing for background investigation services and related serv-
17 ices purchased from activities financed using Defense
18 Working Capital Funds shall be excluded from the calcula-
19 tion of cumulative advance billings under section
20 2208(l)(3) of title 10, United States Code.
22 wise made available by this Act may be used to transfer
23 the National Reconnaissance Office to the Space Force:
24 Provided, That nothing in this Act shall be construed to
25 limit or prohibit cooperation, collaboration, and coordina-
December 21, 2020 (12:59 p.m.)

372
1 tion between the National Reconnaissance Office and the
2 Space Force or any other elements of the Department of
3 Defense.
5 wise made available by this Act may be used to transfer
6 any element of the Department of the Army, the Depart-
7 ment of the Navy, or a Department of Defense agency
8 to the Space Force unless, concurrent with the fiscal year
9 2022 budget submission (as submitted to Congress pursu-
10 ant to section 1105 of title 31, United States Code), the
11 Secretary of Defense provides a report to the Committees
13 Senate, detailing any plans to transfer appropriate space
14 elements of the Department of the Army, the Department
15 of the Navy, or a Department of Defense agency to the
16 Space Force and certifies in writing to the Committees
18 Senate that such transfer is consistent with the mission
19 of the Space Force and will not have an adverse impact
20 on the Department or agency from which such element
21 is being transferred: Provided, That such report shall in-
22 clude fiscal year 2022 budget and future years defense
23 program adjustments associated with such planned trans-
24 fers.
December 21, 2020 (12:59 p.m.)

373
1 SEC. 8128. Funds appropriated in titles I and IX of
2 this Act under headings for ‘‘Military Personnel’’ may be
3 used for expenses described therein for members of the
4 Space Force on active duty: Provided, That amounts ap-
5 propriated under such headings may be used for payments
6 pursuant to section 156 of Public Law 97–377, as amend-
7 ed (42 U.S.C. 402 note), and to the Department of De-
8 fense Military Retirement Fund.
10 this Act, to reflect savings due to favorable foreign ex-
11 change rates, the total amount appropriated in this Act
12 is hereby reduced by $375,000,000.
14 this Act, to reflect savings due to lower than anticipated
15 fuel costs, the total amount appropriated in this Act is
16 hereby reduced by $1,700,362,000.
17 SEC. 8131. (a) Amounts appropriated under title IV
18 of this Act, as detailed in budget activity eight of the ta-
19 bles in the explanatory statement regarding this Act, may
20 be used for expenses for the agile research, development,
21 test and evaluation, procurement, production, modifica-
22 tion, and operation and maintenance, only for the fol-
23 lowing Software and Digital Technology Pilot programs—
24 (1) Defensive Cyber Operations Army (PE
25 0608041A);
December 21, 2020 (12:59 p.m.)

374
1 (2) Risk Management Information (PE
2 0608013N);
3 (3) Maritime Tactical Command Control (PE
4 0608231N);
5 (4) Space Command and Control (PE
6 1203614SF);
7 (5) National Background Investigation Services
8 (PE 0608197V);
9 (6) Global Command and Control System-Joint
10 (PE 0308150K);
11 (7) Algorithmic Warfare Cross Functional
12 Team (PE 0308588D8Z); and
13 (8) Acquisition visibility (PE 0608648D8Z).
14 (b) None of the funds appropriated by this or prior
15 Department of Defense Appropriations Acts may be obli-
16 gated or expended to initiate additional Software and Dig-
17 ital Technology Pilot Programs in fiscal year 2021.
18 SEC. 8132. (a) In addition to amounts otherwise
19 made available in this Act, there is appropriated
20 $100,000,000 to the Under Secretary of Defense (Acquisi-
21 tion and Sustainment), to remain available until expended.
22 (b) The funds provided by subsection (a) shall be
23 available to the Under Secretary of Defense (Acquisition
24 and Sustainment), in coordination with the Assistant Sec-
25 retary of the Army (Acquisition, Logistics and Tech-
December 21, 2020 (12:59 p.m.)

375
1 nology) and the Assistant Secretary of the Navy (Re-
2 search, Development and Acquisition) and the Assistant
3 Secretary of the Air Force (Acquisition, Technology and
4 Logistics), to assess and strengthen the manufacturing
5 and defense industrial base and supply chain resiliency of
7 (c)(1) The Under Secretary of Defense (Comptroller)
8 shall transfer funds provided by subsection (a) to appro-
9 priations for operation and maintenance; procurement;
10 and research, development, test and evaluation to accom-
11 plish the purposes specified in subsection (b). Such trans-
12 ferred funds shall be merged with and be available for the
13 same purposes and for the same time period as the appro-
14 priation to which they are transferred.
15 (2) The transfer authority provided by this subsection
16 shall be in addition to any other transfer authority avail-
17 able to the Department of Defense.
18 (3) The Under Secretary of Defense (Acquisition and
19 Sustainment) shall, through the Under Secretary of De-
20 fense (Comptroller), not less than 30 days prior to making
21 any transfer under this subsection, notify the congres-
22 sional defense committees in writing of the details of the
23 transfer.
December 21, 2020 (12:59 p.m.)

376
1 (d) Funds appropriated by this section may not be
2 transferred to ‘‘Drug Interdiction and Counter-Drug Ac-
3 tivities, Defense’’.
5 SEC. 8133. In addition to amounts appropriated in

6 title II or otherwise made available elsewhere in this Act,
7 $300,500,000 is hereby appropriated to the Department
8 of Defense and made available for transfer to the oper-
9 ation and maintenance accounts of the Army, Navy, Ma-
10 rine Corps, and Air Force (including National Guard and
11 Reserve) for purposes of improving military readiness:
12 Provided, That the transfer authority provided under this
13 provision is in addition to any other transfer authority
14 provided elsewhere in this Act.
16 for requirements development, performance specification
17 development, concept design and development, ship con-
18 figuration development, systems engineering, naval archi-
19 tecture, marine engineering, operations research analysis,
20 industry studies, preliminary design, development of the
21 Detailed Design and Construction Request for Proposals
22 solicitation package, or related activities for the AS(X)
23 Submarine Tender, T–ARC(X) Cable Laying and Repair
24 Ship, or T–AGOS(X) Oceanographic Surveillance Ship
25 may be used to award a new contract for such activities
December 21, 2020 (12:59 p.m.)

377
1 unless these contracts include specifications that all auxil-
2 iary equipment, including pumps and propulsion shafts
3 are manufactured in the United States.
5 Act may be obligated or expended for the purpose of de-
6 commissioning the USS Fort Worth or the USS Coronado.
9 Wide’’, $50,000,000, to remain available until September
10 30, 2022: Provided, That such funds shall only be avail-
11 able to the Secretary of Defense, acting through the Office
12 of Economic Adjustment of the Department of Defense,
13 to make grants to communities impacted by military avia-
14 tion noise for the purpose of installing noise mitigating
15 insulation at covered facilities: Provided further, That, to
16 be eligible to receive a grant under the program, a commu-
17 nity must enter into an agreement with the Secretary
18 under which the community prioritizes the use of funds
19 for the installation of noise mitigation at covered facilities
20 in the community: Provided further, That as a condition
21 of receiving funds under this section a State or local entity
22 shall provide a matching share of ten percent: Provided
23 further, That grants under the program may be used to
24 meet the Federal match requirement under the airport im-
25 provement program established under subchapter I of
December 21, 2020 (12:59 p.m.)

378
1 chapter 471 and subchapter I of chapter 475 of title 49,
2 United States Code: Provided further, That, in carrying
3 out the program, the Secretary of Defense shall coordinate
4 with the Secretary of Transportation to minimize duplica-
5 tion of efforts with any other noise mitigation program
6 compliant with part 150 of title 14, Code of Federal Regu-
7 lations: Provided further, That, in this section, the term
8 ‘‘covered facilities’’ means hospitals, daycare facilities,
9 schools, facilities serving senior citizens, and private resi-
10 dences that are located within one mile or a day-night av-
11 erage sound level of 65 or greater of a military installation
12 or another location at which military aircraft are stationed
13 or are located in an area impacted by military aviation
14 noise within one mile or a day-night average sound level
15 of 65 or greater, as determined by the Department of De-
16 fense or Federal Aviation Administration noise modeling
17 programs.
19 wise made available by this Act may be obligated or ex-
20 pended for the lease of an icebreaking vessel unless such
21 obligation or expenditure is compliant with section 1301
22 of title 31, United States Code, and related statutes and
23 is made pursuant to a contract awarded using full and
24 open competitive procedures or procedures authorized by
25 section 2304(c)(6) of title 10, United States Code.
December 21, 2020 (12:59 p.m.)

379
1 SEC. 8138. Amounts appropriated or otherwise made
2 available to the Department of Defense in this Act, may
3 not be obligated or expended for the retirement or divesti-
4 ture of the RQ–4 Global Hawk Block 30 and Block 40
5 aircraft: Provided, That the Secretary of the Air Force
6 is prohibited from deactivating the corresponding squad-
7 rons responsible for the operations of the aforementioned
8 aircraft.
December 21, 2020 (12:59 p.m.)

380
1 TITLE IX
2 OVERSEAS CONTINGENCY OPERATIONS
3 MILITARY PERSONNEL
4 MILITARY PERSONNEL, ARMY
5 For an additional amount for ‘‘Military Personnel,
6 Army’’, $2,748,033,000: Provided, That such amount is
7 designated by the Congress for Overseas Contingency Op-
8 erations/Global War on Terrorism pursuant to section
9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
11 MILITARY PERSONNEL, NAVY
13 Navy’’, $382,286,000: Provided, That such amount is des-
15 ations/Global War on Terrorism pursuant to section
18 MILITARY PERSONNEL, MARINE CORPS
20 Marine Corps’’, $129,943,000: Provided, That such
21 amount is designated by the Congress for Overseas Con-
22 tingency Operations/Global War on Terrorism pursuant to
23 section 251(b)(2)(A)(ii) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.
December 21, 2020 (12:59 p.m.)

381
1 MILITARY PERSONNEL, AIR FORCE
3 Air Force’’, $1,077,168,000: Provided, That such amount
4 is designated by the Congress for Overseas Contingency
5 Operations/Global War on Terrorism pursuant to section
8 RESERVE PERSONNEL, ARMY
9 For an additional amount for ‘‘Reserve Personnel,
10 Army’’, $33,414,000: Provided, That such amount is des-
15 RESERVE PERSONNEL, NAVY
17 Navy’’, $11,771,000: Provided, That such amount is des-
22 RESERVE PERSONNEL, MARINE CORPS
24 Marine Corps’’, $2,048,000: Provided, That such amount
December 21, 2020 (12:59 p.m.)

382
4 RESERVE PERSONNEL, AIR FORCE
6 Air Force’’, $16,816,000: Provided, That such amount is
7 designated by the Congress for Overseas Contingency Op-
8 erations/Global War on Terrorism pursuant to section
11 NATIONAL GUARD PERSONNEL, ARMY
12 For an additional amount for ‘‘National Guard Per-
13 sonnel, Army’’, $195,314,000: Provided, That such
18 NATIONAL GUARD PERSONNEL, AIR FORCE
19 For an additional amount for ‘‘National Guard Per-
20 sonnel, Air Force’’, $5,800,000: Provided, That such
December 21, 2020 (12:59 p.m.)

383
2 OPERATION AND MAINTENANCE, ARMY
3 For an additional amount for ‘‘Operation and Main-
4 tenance, Army’’, $17,497,254,000: Provided, That such
9 OPERATION AND MAINTENANCE, NAVY
11 tenance, Navy’’, $11,568,363,000: Provided, That such
18 tenance, Marine Corps’’, $1,108,667,000: Provided, That
19 such amount is designated by the Congress for Overseas
20 Contingency Operations/Global War on Terrorism pursu-
21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget
22 and Emergency Deficit Control Act of 1985.
23 OPERATION AND MAINTENANCE, AIR FORCE
25 tenance, Air Force’’, $18,432,020,000: Provided, That
December 21, 2020 (12:59 p.m.)

384
5 OPERATION AND MAINTENANCE, SPACE FORCE
7 tenance, Space Force’’, $77,115,000: Provided, That such
12 OPERATION AND MAINTENANCE, DEFENSE-WIDE
14 tenance, Defense-Wide’’, $6,041,898,000: Provided, That
19 OPERATION AND MAINTENANCE, ARMY RESERVE
21 tenance, Army Reserve’’, $33,399,000: Provided, That
December 21, 2020 (12:59 p.m.)

385
1 OPERATION AND MAINTENANCE, NAVY RESERVE
3 tenance, Navy Reserve’’, $21,492,000: Provided, That
9 RESERVE
11 tenance, Marine Corps Reserve’’, $8,707,000: Provided,
12 That such amount is designated by the Congress for Over-
13 seas Contingency Operations/Global War on Terrorism
14 pursuant to section 251(b)(2)(A)(ii) of the Balanced
15 Budget and Emergency Deficit Control Act of 1985.
16 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
18 tenance, Air Force Reserve’’, $30,090,000: Provided, That
December 21, 2020 (12:59 p.m.)

386
1 OPERATION AND MAINTENANCE, ARMY NATIONAL
2 GUARD
4 tenance, Army National Guard’’, $79,792,000: Provided,
9 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
11 tenance, Air National Guard’’, $175,642,000: Provided,
16 AFGHANISTAN SECURITY FORCES FUND
17 For the ‘‘Afghanistan Security Forces Fund’’,
19 2022: Provided, That such funds shall be available to the
20 Secretary of Defense for the purpose of allowing the Com-
21 mander, Combined Security Transition Command—Af-
22 ghanistan, or the Secretary’s designee, to provide assist-
23 ance, with the concurrence of the Secretary of State, to
24 the security forces of Afghanistan, including the provision
25 of equipment, supplies, services, training, facility and in-
December 21, 2020 (12:59 p.m.)

387
1 frastructure repair, renovation, construction, and funding:
2 Provided further, That the Secretary of Defense may obli-
3 gate and expend funds made available to the Department
4 of Defense in this title for additional costs associated with
5 existing projects previously funded with amounts provided
6 under the heading ‘‘Afghanistan Infrastructure Fund’’ in
7 prior Acts: Provided further, That such costs shall be lim-
8 ited to contract changes resulting from inflation, market
9 fluctuation, rate adjustments, and other necessary con-
10 tract actions to complete existing projects, and associated
11 supervision and administration costs and costs for design
12 during construction: Provided further, That the Secretary
13 may not use more than $50,000,000 under the authority
14 provided in this section: Provided further, That the Sec-
15 retary shall notify in advance such contract changes and
16 adjustments in annual reports to the congressional defense
17 committees: Provided further, That the authority to pro-
18 vide assistance under this heading is in addition to any
19 other authority to provide assistance to foreign nations:
20 Provided further, That contributions of funds for the pur-
21 poses provided herein from any person, foreign govern-
22 ment, or international organization may be credited to this
23 Fund, to remain available until expended, and used for
24 such purposes: Provided further, That the Secretary of De-
25 fense shall notify the congressional defense committees in
December 21, 2020 (12:59 p.m.)

388
1 writing upon the receipt and upon the obligation of any
2 contribution, delineating the sources and amounts of the
3 funds received and the specific use of such contributions:
4 Provided further, That the Secretary of Defense shall, not
5 fewer than 15 days prior to obligating from this appro-
6 priation account, notify the congressional defense commit-
7 tees in writing of the details of any such obligation: Pro-
8 vided further, That the Secretary of Defense shall notify
9 the congressional defense committees of any proposed new
10 projects or activities, or transfer of funds between budget
11 sub-activity groups in excess of $20,000,000: Provided fur-
12 ther, That the United States may accept equipment pro-
13 cured using funds provided under this heading in this or
14 prior Acts that was transferred to the security forces of
15 Afghanistan and returned by such forces to the United
16 States: Provided further, That equipment procured using
17 funds provided under this heading in this or prior Acts,
18 and not yet transferred to the security forces of Afghani-
19 stan or transferred to the security forces of Afghanistan
20 and returned by such forces to the United States, may
21 be treated as stocks of the Department of Defense upon
22 written notification to the congressional defense commit-
23 tees: Provided further, That of the funds provided under
24 this heading, not less than $20,000,000 shall be for re-
25 cruitment and retention of women in the Afghanistan Na-
December 21, 2020 (12:59 p.m.)

389
1 tional Security Forces, and the recruitment and training
2 of female security personnel: Provided further, That funds
3 appropriated under this heading and made available for
4 the salaries and benefits of personnel of the Afghanistan
5 Security Forces may only be used for personnel who are
6 enrolled in the Afghanistan Personnel and Pay System:
7 Provided further, That funds appropriated under this
8 heading for the Afghanistan Security Forces may only be
9 obligated if the Secretary of Defense, in consultation with
10 the Secretary of State, certifies in writing to the congres-
11 sional defense committees that such forces are controlled
12 by a civilian, representative government that is committed
13 to protecting human rights and women’s rights and pre-
14 venting terrorists and terrorist groups from using the ter-
15 ritory of Afghanistan to threaten the security of the
16 United States and United States allies: Provided further,
21 COUNTER-ISIS TRAIN AND EQUIP FUND
22 For the ‘‘Counter-Islamic State of Iraq and Syria
23 Train and Equip Fund’’, $710,000,000, to remain avail-
24 able until September 30, 2022: Provided, That such funds
25 shall be available to the Secretary of Defense in coordina-
December 21, 2020 (12:59 p.m.)

390
1 tion with the Secretary of State, to provide assistance, in-
2 cluding training; equipment; logistics support, supplies,
3 and services; stipends; infrastructure repair and renova-
4 tion; construction for facility fortification and humane
5 treatment; and sustainment, to foreign security forces, ir-
6 regular forces, groups, or individuals participating, or pre-
7 paring to participate in activities to counter the Islamic
8 State of Iraq and Syria, and their affiliated or associated
9 groups: Provided further, That amounts made available
10 under this heading shall be available to provide assistance
11 only for activities in a country designated by the Secretary
12 of Defense, in coordination with the Secretary of State,
13 as having a security mission to counter the Islamic State
14 of Iraq and Syria, and following written notification to the
15 congressional defense committees of such designation:
16 Provided further, That the Secretary of Defense shall en-
17 sure that prior to providing assistance to elements of any
18 forces or individuals, such elements or individuals are ap-
19 propriately vetted, including at a minimum, assessing such
20 elements for associations with terrorist groups or groups
21 associated with the Government of Iran; and receiving
22 commitments from such elements to promote respect for
23 human rights and the rule of law: Provided further, That
24 the Secretary of Defense shall, not fewer than 15 days
25 prior to obligating from this appropriation account, notify
December 21, 2020 (12:59 p.m.)

391
1 the congressional defense committees in writing of the de-
2 tails of any such obligation: Provided further, That the
3 Secretary of Defense may accept and retain contributions,
4 including assistance in-kind, from foreign governments,
5 including the Government of Iraq and other entities, to
6 carry out assistance authorized under this heading: Pro-
7 vided further, That contributions of funds for the purposes
8 provided herein from any foreign government or other en-
9 tity may be credited to this Fund, to remain available until
10 expended, and used for such purposes: Provided further,
11 That the Secretary of Defense shall prioritize such con-
12 tributions when providing any assistance for construction
13 for facility fortification: Provided further, That the Sec-
14 retary of Defense may waive a provision of law relating
15 to the acquisition of items and support services or sections
16 40 and 40A of the Arms Export Control Act (22 U.S.C.
17 2780 and 2785) if the Secretary determines that such pro-
18 vision of law would prohibit, restrict, delay or otherwise
19 limit the provision of such assistance and a notice of and
20 justification for such waiver is submitted to the congres-
21 sional defense committees, the Committees on Appropria-
22 tions and Foreign Relations of the Senate and the Com-
23 mittees on Appropriations and Foreign Affairs of the
24 House of Representatives: Provided further, That the
25 United States may accept equipment procured using funds
December 21, 2020 (12:59 p.m.)

392
1 provided under this heading, or under the heading, ‘‘Iraq
2 Train and Equip Fund’’ in prior Acts, that was trans-
3 ferred to security forces, irregular forces, or groups par-
4 ticipating, or preparing to participate in activities to
5 counter the Islamic State of Iraq and Syria and returned
6 by such forces or groups to the United States, and such
7 equipment may be treated as stocks of the Department
8 of Defense upon written notification to the congressional
9 defense committees: Provided further, That equipment
10 procured using funds provided under this heading, or
11 under the heading, ‘‘Iraq Train and Equip Fund’’ in prior
12 Acts, and not yet transferred to security forces, irregular
13 forces, or groups participating, or preparing to participate
14 in activities to counter the Islamic State of Iraq and Syria
15 may be treated as stocks of the Department of Defense
16 when determined by the Secretary to no longer be required
17 for transfer to such forces or groups and upon written
18 notification to the congressional defense committees: Pro-
19 vided further, That the Secretary of Defense shall provide
20 quarterly reports to the congressional defense committees
21 on the use of funds provided under this heading, including,
22 but not limited to, the number of individuals trained, the
23 nature and scope of support and sustainment provided to
24 each group or individual, the area of operations for each
25 group, and the contributions of other countries, groups,
December 21, 2020 (12:59 p.m.)

393
1 or individuals: Provided further, That such amount is des-
6 PROCUREMENT
7 AIRCRAFT PROCUREMENT, ARMY
8 For an additional amount for ‘‘Aircraft Procurement,
9 Army’’, $595,112,000, to remain available until Sep-
10 tember 30, 2023: Provided, That such amount is des-
15 MISSILE PROCUREMENT, ARMY
16 For an additional amount for ‘‘Missile Procurement,
December 21, 2020 (12:59 p.m.)

394
1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT
2 VEHICLES, ARMY
3 For an additional amount for ‘‘Procurement of Weap-
4 ons and Tracked Combat Vehicles, Army’’, $15,225,000,
10 PROCUREMENT OF AMMUNITION, ARMY
11 For an additional amount for ‘‘Procurement of Am-
12 munition, Army’’, $103,875,000, to remain available until
13 September 30, 2023: Provided, That such amount is des-
18 OTHER PROCUREMENT, ARMY
19 For an additional amount for ‘‘Other Procurement,
December 21, 2020 (12:59 p.m.)

395
1 AIRCRAFT PROCUREMENT, NAVY
3 Navy’’, $32,905,000, to remain available until September
4 30, 2023: Provided, That such amount is designated by
5 the Congress for Overseas Contingency Operations/Global
6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
8 of 1985.
9 WEAPONS PROCUREMENT, NAVY
10 For an additional amount for ‘‘Weapons Procure-
11 ment, Navy’’, $5,572,000, to remain available until Sep-
17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE
18 CORPS
20 munition, Navy and Marine Corps’’, $77,424,000, to re-
21 main available until September 30, 2023: Provided, That
December 21, 2020 (12:59 p.m.)

396
1 OTHER PROCUREMENT, NAVY
3 Navy’’, $341,612,000, to remain available until September
8 of 1985.
9 PROCUREMENT, MARINE CORPS
10 For an additional amount for ‘‘Procurement, Marine
11 Corps’’, $47,963,000, to remain available until September
16 of 1985.
17 AIRCRAFT PROCUREMENT, AIR FORCE
19 Air Force’’, $772,738,000, to remain available until Sep-
December 21, 2020 (12:59 p.m.)

397
1 MISSILE PROCUREMENT, AIR FORCE
2 For an additional amount for ‘‘Missile Procurement,
9 PROCUREMENT OF AMMUNITION, AIR FORCE
11 munition, Air Force’’, $785,617,000, to remain available
12 until September 30, 2023: Provided, That such amount
17 OTHER PROCUREMENT, AIR FORCE
December 21, 2020 (12:59 p.m.)

398
1 PROCUREMENT, DEFENSE-WIDE
2 For an additional amount for ‘‘Procurement, De-
3 fense-Wide’’, $342,137,000, to remain available until Sep-
9 NATIONAL GUARD AND RESERVE EQUIPMENT
10 ACCOUNT
11 For procurement of rotary-wing aircraft; combat, tac-
12 tical and support vehicles; other weapons; and other pro-
13 curement items for the reserve components of the Armed
14 Forces, $950,000,000, to remain available for obligation
15 until September 30, 2023: Provided, That the Chiefs of
16 National Guard and Reserve components shall, not later
17 than 30 days after enactment of this Act, individually sub-
18 mit to the congressional defense committees the mod-
19 ernization priority assessment for their respective Na-
20 tional Guard or Reserve component: Provided further,
21 That none of the funds made available by this paragraph
22 may be used to procure manned fixed wing aircraft, or
23 procure or modify missiles, munitions, or ammunition:
24 Provided further, That such amount is designated by the
25 Congress for Overseas Contingency Operations/Global
December 21, 2020 (12:59 p.m.)

399
3 of 1985.
4 RESEARCH, DEVELOPMENT, TEST AND
5 EVALUATION
7 ARMY
8 For an additional amount for ‘‘Research, Develop-
9 ment, Test and Evaluation, Army’’, $175,824,000, to re-
16 NAVY
18 ment, Test and Evaluation, Navy’’, $59,562,000, to re-
December 21, 2020 (12:59 p.m.)

400
2 AIR FORCE
4 ment, Test and Evaluation, Air Force’’, $5,304,000, to re-
11 DEFENSE-WIDE
13 ment, Test and Evaluation, Defense-Wide’’, $80,818,000,
19 REVOLVING AND MANAGEMENT FUNDS
20 DEFENSE WORKING CAPITAL FUNDS
21 For an additional amount for ‘‘Defense Working
22 Capital Funds’’, $20,090,000: Provided, That such
December 21, 2020 (12:59 p.m.)

401
3 OTHER DEPARTMENT OF DEFENSE PROGRAMS
4 DEFENSE HEALTH PROGRAM
5 For an additional amount for ‘‘Defense Health Pro-
6 gram’’, $365,098,000, which shall be for operation and
7 maintenance: Provided, That such amount is designated
8 by the Congress for Overseas Contingency Operations/
9 Global War on Terrorism pursuant to section
13 For an additional amount for the ‘‘Office of the In-
14 spector General’’, $24,069,000: Provided, That such
19 GENERAL PROVISIONS—THIS TITLE
21 law, funds made available in this title are in addition to
22 amounts appropriated or otherwise made available for the
23 Department of Defense for fiscal year 2021.
December 21, 2020 (12:59 p.m.)

402
2 SEC. 9002. Upon the determination of the Secretary

3 of Defense that such action is necessary in the national
4 interest, the Secretary may, with the approval of the Of-
5 fice of Management and Budget, transfer up to
6 $2,000,000,000 between the appropriations or funds made
7 available to the Department of Defense in this title: Pro-
8 vided, That the Secretary shall notify the Congress
9 promptly of each transfer made pursuant to the authority
10 in this section: Provided further, That the authority pro-
11 vided in this section is in addition to any other transfer
12 authority available to the Department of Defense and is
13 subject to the same terms and conditions as the authority
14 provided in section 8005 of this Act.
15 SEC. 9003. Supervision and administration costs and
16 costs for design during construction associated with a con-
17 struction project funded with appropriations available for
18 operation and maintenance or the ‘‘Afghanistan Security
19 Forces Fund’’ provided in this Act and executed in direct
20 support of overseas contingency operations in Afghani-
21 stan, may be obligated at the time a construction contract
22 is awarded: Provided, That, for the purpose of this section,
23 supervision and administration costs and costs for design
24 during construction include all in-house Government costs.
December 21, 2020 (12:59 p.m.)

403
1 SEC. 9004. From funds made available in this title,
2 the Secretary of Defense may purchase for use by military
3 and civilian employees of the Department of Defense in
4 the United States Central Command area of responsi-
5 bility: (1) passenger motor vehicles up to a limit of
6 $75,000 per vehicle; and (2) heavy and light armored vehi-
7 cles for the physical security of personnel or for force pro-
8 tection purposes up to a limit of $450,000 per vehicle, not-
9 withstanding price or other limitations applicable to the
10 purchase of passenger carrying vehicles.
11 SEC. 9005. Not to exceed $2,000,000 of the amounts
12 appropriated by this title under the heading ‘‘Operation
13 and Maintenance, Army’’ may be used, notwithstanding
14 any other provision of law, to fund the Commanders’
15 Emergency Response Program (CERP), for the purpose
16 of enabling military commanders in Afghanistan to re-
17 spond to urgent, small-scale, humanitarian relief and re-
18 construction requirements within their areas of responsi-
19 bility: Provided, That each project (including any ancillary
20 or related elements in connection with such project) exe-
21 cuted under this authority shall not exceed $500,000: Pro-
22 vided further, That not later than 45 days after the end
23 of each 6 months of the fiscal year, the Secretary of De-
24 fense shall submit to the congressional defense committees
25 a report regarding the source of funds and the allocation
December 21, 2020 (12:59 p.m.)

404
1 and use of funds during that 6-month period that were
2 made available pursuant to the authority provided in this
3 section or under any other provision of law for the pur-
4 poses described herein.
5 SEC. 9006. Funds available to the Department of De-
6 fense for operation and maintenance may be used, not-
7 withstanding any other provision of law, to provide sup-
8 plies, services, transportation, including airlift and sealift,
9 and other logistical support to allied forces participating
10 in a combined operation with the armed forces of the
11 United States and coalition forces supporting military and
12 stability operations in Afghanistan and to counter the Is-
13 lamic State of Iraq and Syria: Provided, That the Sec-
15 congressional defense committees regarding support pro-
16 vided under this section.
18 wise made available by this or any other Act shall be obli-
19 gated or expended by the United States Government for
20 a purpose as follows:
21 (1) To establish any military installation or
22 base for the purpose of providing for the permanent
23 stationing of United States Armed Forces in Iraq.
24 (2) To exercise United States control over any
25 oil resource of Iraq or Syria.
December 21, 2020 (12:59 p.m.)

405
1 (3) To establish any military installation or
2 base for the purpose of providing for the permanent
3 stationing of United States Armed Forces in Af-
4 ghanistan.
6 Act may be used in contravention of the following laws
7 enacted or regulations promulgated to implement the
8 United Nations Convention Against Torture and Other
9 Cruel, Inhuman or Degrading Treatment or Punishment
10 (done at New York on December 10, 1984):
11 (1) Section 2340A of title 18, United States
12 Code.
13 (2) Section 2242 of the Foreign Affairs Reform
14 and Restructuring Act of 1998 (division G of Public
15 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231
16 note) and regulations prescribed thereto, including
17 regulations under part 208 of title 8, Code of Fed-
18 eral Regulations, and part 95 of title 22, Code of
19 Federal Regulations.
20 (3) Sections 1002 and 1003 of the Department
21 of Defense, Emergency Supplemental Appropriations
22 to Address Hurricanes in the Gulf of Mexico, and
23 Pandemic Influenza Act, 2006 (Public Law 109–
24 148).
December 21, 2020 (12:59 p.m.)

406
1 SEC. 9009. None of the funds provided for the ‘‘Af-
2 ghanistan Security Forces Fund’’ (ASFF) may be obli-
3 gated prior to the approval of a financial and activity plan
4 by the Afghanistan Resources Oversight Council (AROC)
5 of the Department of Defense: Provided, That the AROC
6 must approve the requirement and acquisition plan for any
7 service requirements in excess of $50,000,000 annually
8 and any non-standard equipment requirements in excess
9 of $100,000,000 using ASFF: Provided further, That the
10 Department of Defense must certify to the congressional
11 defense committees that the AROC has convened and ap-
12 proved a process for ensuring compliance with the require-
13 ments in the preceding proviso and accompanying report
14 language for the ASFF.
15 SEC. 9010. Funds made available in this title to the
16 Department of Defense for operation and maintenance
17 may be used to purchase items having an investment unit
18 cost of not more than $250,000: Provided, That, upon de-
19 termination by the Secretary of Defense that such action
20 is necessary to meet the operational requirements of a
21 Commander of a Combatant Command engaged in contin-
22 gency operations overseas, such funds may be used to pur-
23 chase items having an investment item unit cost of not
24 more than $500,000.
December 21, 2020 (12:59 p.m.)

407
1 SEC. 9011. Up to $500,000,000 of funds appro-
2 priated by this Act for the Defense Security Cooperation
3 Agency in ‘‘Operation and Maintenance, Defense-Wide’’
4 may be used to provide assistance to the Government of
5 Jordan to support the armed forces of Jordan and to en-
6 hance security along its borders.
8 Act under the headings ‘‘Afghanistan Security Forces
9 Fund’’ and ‘‘Counter-ISIS Train and Equip Fund’’, and
11 Wide’’ for Department of Defense security cooperation
12 grant programs, may be used to procure or transfer man-
13 portable air defense systems.
14 SEC. 9013. Of the amounts appropriated in this title
16 Wide’’, for the Defense Security Cooperation Agency,
17 $275,000,000, of which $137,500,000 to remain available
18 until September 30, 2022 shall be for the Ukraine Secu-
19 rity Assistance Initiative: Provided, That such funds shall
20 be available to the Secretary of Defense, in coordination
21 with the Secretary of State, to provide assistance, includ-
22 ing training; equipment; lethal assistance; logistics sup-
23 port, supplies and services; sustainment; and intelligence
24 support to the military and national security forces of
25 Ukraine, and for replacement of any weapons or articles
December 21, 2020 (12:59 p.m.)

408
1 provided to the Government of Ukraine from the inventory
2 of the United States: Provided further, That the Secretary
3 of Defense shall, not less than 15 days prior to obligating
4 funds made available in this section, notify the congres-
5 sional defense committees in writing of the details of any
6 such obligation: Provided further, That the Secretary of
7 Defense shall, not more than 60 days after such notifica-
8 tion is made, inform such committees if such funds have
9 not been obligated and the reasons therefor: Provided fur-
10 ther, That the United States may accept equipment pro-
11 cured using funds made available in this section in this
12 or prior Acts that was transferred to the security forces
13 of Ukraine and returned by such forces to the United
14 States: Provided further, That equipment procured using
15 funds made available in this section in this or prior Acts,
16 and not yet transferred to the military or National Secu-
17 rity Forces of Ukraine or returned by such forces to the
18 United States, may be treated as stocks of the Depart-
19 ment of Defense upon written notification to the congres-
20 sional defense committees: Provided further, That the Sec-
24 available in this section.
December 21, 2020 (12:59 p.m.)

409
1 SEC. 9014. Funds appropriated in this title shall be
2 available for replacement of funds for items provided to
3 the Government of Ukraine from the inventory of the
4 United States to the extent specifically provided for in sec-
7 Act may be used to provide arms, training, or other assist-
8 ance to the Azov Battalion.
9 SEC. 9016. Equipment procured using funds provided
10 in prior Acts under the heading ‘‘Counterterrorism Part-
11 nerships Fund’’ for the program authorized by section
12 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
13 National Defense Authorization Act for Fiscal Year 2015
14 (Public Law 113–291), and not yet transferred to author-
15 ized recipients may be transferred to foreign security
16 forces, irregular forces, groups, or individuals, authorized
17 to receive assistance using amounts provided under the
18 heading ‘‘Counter-ISIS Train and Equip Fund’’ in this
19 Act: Provided, That such equipment may be transferred
20 15 days following written notification to the congressional
21 defense committees.
23 Act may be used with respect to Iraq in contravention of
24 the War Powers Resolution (50 U.S.C. 1541 et seq.), in-
25 cluding for the introduction of United States armed forces
December 21, 2020 (12:59 p.m.)

410
1 into hostilities in Iraq, into situations in Iraq where immi-
2 nent involvement in hostilities is clearly indicated by the
3 circumstances, or into Iraqi territory, airspace, or waters
4 while equipped for combat, in contravention of the con-
5 gressional consultation and reporting requirements of sec-
6 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and
7 1543).
9 Act may be used with respect to Syria in contravention
10 of the War Powers Resolution (50 U.S.C. 1541 et seq.),
11 including for the introduction of United States armed or
12 military forces into hostilities in Syria, into situations in
13 Syria where imminent involvement in hostilities is clearly
14 indicated by the circumstances, or into Syrian territory,
15 airspace, or waters while equipped for combat, in con-
16 travention of the congressional consultation and reporting
17 requirements of sections 3 and 4 of that law (50 U.S.C.
18 1542 and 1543).
20 made available for the transfer of additional C–130 cargo
21 aircraft to the Afghanistan National Security Forces or
22 the Afghanistan Air Force.
23 SEC. 9020. Funds made available by this Act under
24 the heading ‘‘Afghanistan Security Forces Fund’’ may be
25 used to provide limited training, equipment, and other as-
December 21, 2020 (12:59 p.m.)

411
1 sistance that would otherwise be prohibited by 10 U.S.C.
2 362 to a unit of the security forces of Afghanistan only
3 if the Secretary of Defense certifies to the congressional
4 defense committees, within 30 days of a decision to pro-
5 vide such assistance, that (1) a denial of such assistance
6 would present significant risk to United States or coalition
7 forces or significantly undermine United States national
8 security objectives in Afghanistan; and (2) the Secretary
9 has sought a commitment by the Government of Afghani-
10 stan to take all necessary corrective steps: Provided, That
11 such certification shall be accompanied by a report de-
12 scribing: (1) the information relating to the gross violation
13 of human rights; (2) the circumstances that necessitated
14 the provision of such assistance; (3) the Afghan security
15 force unit involved; (4) the assistance provided and the
16 assistance withheld; and (5) the corrective steps to be
17 taken by the Government of Afghanistan: Provided fur-
18 ther, That every 120 days after the initial report an addi-
19 tional report shall be submitted detailing the status of any
20 corrective steps taken by the Government of Afghanistan:
21 Provided further, That if the Government of Afghanistan
22 has not initiated necessary corrective steps within 1 year
23 of the certification, the authority under this section to pro-
24 vide assistance to such unit shall no longer apply: Provided
25 further, That the Secretary shall submit a report to such
December 21, 2020 (12:59 p.m.)

412
1 committees detailing the final disposition of the case by
2 the Government of Afghanistan.
4 Act may be made available for any member of the Taliban
5 except to support a reconciliation activity that includes the
6 participation of members of the Government of Afghani-
7 stan, does not restrict the participation of women, and is
8 authorized by section 1218 of the National Defense Au-
10 92).
11 SEC. 9022. Nothing in this Act may be construed as
12 authorizing the use of force against Iran.
13 (RESCISSIONS)
14 SEC. 9023. Of the funds appropriated in Department

15 of Defense Appropriations Acts, the following funds are
16 hereby rescinded from the following accounts and pro-
17 grams in the specified amounts: Provided, That such
18 amounts are designated by the Congress for Overseas
21 and Emergency Deficit Control Act of 1985:
23 Vehicles, Army’’, 2019/2021, $90,000,000;
25 $16,400,000;
December 21, 2020 (12:59 p.m.)

413
1 ‘‘Operation and Maintenance, Defense-Wide:
2 DSCA Security Cooperation’’, 2020/2021,
3 $75,000,000;
4 ‘‘Operation and Maintenance, Defense-Wide:
5 Coalition Support Funds’’, 2020/2021, $45,000,000;
6 ‘‘Afghanistan Security Forces Fund’’, 2020/
7 2021, $1,100,000,000;
8 ‘‘Counter-ISIS Train and Equip Fund’’, 2020/
9 2021, $400,000,000;
11 Vehicles, Army’’, 2020/2022, $100,000,000;
12 ‘‘Procurement of Ammunition, Air Force’’,
13 2020/2022, $49,679,000;
15 Army’’, 2020/2021, $2,878,000; and
17 Defense-Wide’’, 2020/2021, $7,165,000.
22 2022, shall be available for International Security Co-
23 operation Programs and other programs to provide sup-
24 port and assistance to foreign security forces or other
25 groups or individuals to conduct, support or facilitate
December 21, 2020 (12:59 p.m.)

414
1 counterterrorism, crisis response, or building partner ca-
2 pacity programs: Provided, That the Secretary of Defense
3 shall, not less than 15 days prior to obligating funds made
4 available in this section, notify the congressional defense
5 committees in writing of the details of any planned obliga-
6 tion: Provided further, That the Secretary of Defense shall
7 provide quarterly reports to the Committees on Appropria-
8 tions of the House of Representatives and the Senate on
9 the use and status of funds made available in this section.
14 2022, shall be for payments to reimburse key cooperating
15 nations for logistical, military, and other support, includ-
16 ing access, provided to United States military and stability
17 operations in Afghanistan and to counter the Islamic
18 State of Iraq and Syria: Provided, That such reimburse-
19 ment payments may be made in such amounts as the Sec-
20 retary of Defense, with the concurrence of the Secretary
21 of State, and in consultation with the Director of the Of-
22 fice of Management and Budget, may determine, based
23 on documentation determined by the Secretary of Defense
24 to adequately account for the support provided, and such
25 determination is final and conclusive upon the accounting
December 21, 2020 (12:59 p.m.)

415
1 officers of the United States, and 15 days following writ-
2 ten notification to the appropriate congressional commit-
3 tees: Provided further, That these funds may be used for
4 the purpose of providing specialized training and pro-
5 curing supplies and specialized equipment and providing
6 such supplies and loaning such equipment on a non-reim-
7 bursable basis to coalition forces supporting United States
8 military and stability operations in Afghanistan and to
9 counter the Islamic State of Iraq and Syria, and 15 days
10 following written notification to the appropriate congres-
11 sional committees: Provided further, That the Secretary of
12 Defense shall provide quarterly reports to the Committees
14 Senate on the use and status of funds made available in
15 this section.
20 2022, shall be available to reimburse Jordan, Lebanon,
21 Egypt, Tunisia, and Oman under section 1226 of the Na-
22 tional Defense Authorization Act for Fiscal Year 2016 (22
23 U.S.C. 2151 note), for enhanced border security, of which
24 not less than $150,000,000 shall be for Jordan: Provided,
25 That the Secretary of Defense shall, not less than 15 days
December 21, 2020 (12:59 p.m.)

416
1 prior to obligating funds made available in this section,
2 notify the congressional defense committees in writing of
3 the details of any planned obligation and the nature of
4 the expenses incurred: Provided further, That the Sec-
8 available in this section.
9 SEC. 9027. Each amount designated in this Act by
13 of 1985 shall be available (or rescinded, if applicable) only
14 if the President subsequently so designates all such
15 amounts and transmits such designations to the Congress.
17 wise made available by this Act may be used in contraven-
18 tion of the First Amendment of the Constitution.
19 This division may be cited as the ‘‘Department of De-
20 fense Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

417
1 DIVISION D—ENERGY AND WATER DEVEL-
2 OPMENT AND RELATED AGENCIES AP-
3 PROPRIATIONS ACT, 2021
4 TITLE I
5 CORPS OF ENGINEERS—CIVIL
6 DEPARTMENT OF THE ARMY
7 CORPS OF ENGINEERS—CIVIL
8 The following appropriations shall be expended under
9 the direction of the Secretary of the Army and the super-
10 vision of the Chief of Engineers for authorized civil func-
11 tions of the Department of the Army pertaining to river
12 and harbor, flood and storm damage reduction, shore pro-
13 tection, aquatic ecosystem restoration, and related efforts.
14 INVESTIGATIONS
15 For expenses necessary where authorized by law for

16 the collection and study of basic information pertaining
17 to river and harbor, flood and storm damage reduction,
18 shore protection, aquatic ecosystem restoration, and re-
19 lated needs; for surveys and detailed studies, and plans
20 and specifications of proposed river and harbor, flood and
21 storm damage reduction, shore protection, and aquatic
22 ecosystem restoration projects, and related efforts prior to
23 construction; for restudy of authorized projects; and for
24 miscellaneous investigations, and, when authorized by law,
25 surveys and detailed studies, and plans and specifications
December 21, 2020 (12:59 p.m.)

418
1 of projects prior to construction, $153,000,000, to remain
2 available until expended: Provided, That the Secretary
3 shall initiate nine new study starts during fiscal year
4 2021: Provided further, That the Secretary shall not devi-
5 ate from the new starts proposed in the work plan, once
6 the plan has been submitted to the Committees on Appro-
7 priations of both Houses of Congress.
8 CONSTRUCTION
9 For expenses necessary for the construction of river

10 and harbor, flood and storm damage reduction, shore pro-
11 tection, aquatic ecosystem restoration, and related
12 projects authorized by law; for conducting detailed studies,
13 and plans and specifications, of such projects (including
14 those involving participation by States, local governments,
15 or private groups) authorized or made eligible for selection
16 by law (but such detailed studies, and plans and specifica-
17 tions, shall not constitute a commitment of the Govern-
18 ment to construction); $2,692,645,000, to remain avail-
19 able until expended; of which such sums as are necessary
20 to cover the Federal share of construction costs for facili-
21 ties under the Dredged Material Disposal Facilities pro-
22 gram shall be derived from the Harbor Maintenance Trust
23 Fund as authorized by Public Law 104–303; and of which
24 such sums as are necessary to cover 35 percent of the
25 costs of construction, replacement, rehabilitation, and ex-
December 21, 2020 (12:59 p.m.)

419
1 pansion of inland waterways projects, shall be derived
2 from the Inland Waterways Trust Fund, except as other-
3 wise specifically provided for in law.
4 MISSISSIPPI RIVER AND TRIBUTARIES
5 For expenses necessary for flood damage reduction

6 projects and related efforts in the Mississippi River allu-
7 vial valley below Cape Girardeau, Missouri, as authorized
8 by law, $380,000,000, to remain available until expended,
9 of which such sums as are necessary to cover the Federal
10 share of eligible operation and maintenance costs for in-
11 land harbors shall be derived from the Harbor Mainte-
12 nance Trust Fund: Provided, That the Secretary shall ini-
13 tiate one new study start in fiscal year 2021: Provided
14 further, That the Secretary shall not deviate from the work
15 plan, once the plan has been submitted to the Committees
16 on Appropriations of both Houses of Congress.
18 For expenses necessary for the operation, mainte-

19 nance, and care of existing river and harbor, flood and
20 storm damage reduction, aquatic ecosystem restoration,
21 and related projects authorized by law; providing security
22 for infrastructure owned or operated by the Corps, includ-
23 ing administrative buildings and laboratories; maintaining
24 harbor channels provided by a State, municipality, or
25 other public agency that serve essential navigation needs
December 21, 2020 (12:59 p.m.)

420
1 of general commerce, where authorized by law; surveying
2 and charting northern and northwestern lakes and con-
3 necting waters; clearing and straightening channels; and
4 removing obstructions to navigation, $3,849,655,000, to
5 remain available until expended, of which such sums as
6 are necessary to cover the Federal share of eligible oper-
7 ation and maintenance costs for coastal harbors and chan-
8 nels, and for inland harbors shall be derived from the Har-
9 bor Maintenance Trust Fund; of which such sums as be-
10 come available from the special account for the Corps of
11 Engineers established by the Land and Water Conserva-
12 tion Fund Act of 1965 shall be derived from that account
13 for resource protection, research, interpretation, and
14 maintenance activities related to resource protection in the
15 areas at which outdoor recreation is available; and of
16 which such sums as become available from fees collected
17 under section 217 of Public Law 104–303 shall be used
18 to cover the cost of operation and maintenance of the
19 dredged material disposal facilities for which such fees
20 have been collected: Provided, That 1 percent of the total
21 amount of funds provided for each of the programs,
22 projects, or activities funded under this heading shall not
23 be allocated to a field operating activity prior to the begin-
24 ning of the fourth quarter of the fiscal year and shall be
25 available for use by the Chief of Engineers to fund such
December 21, 2020 (12:59 p.m.)

421
1 emergency activities as the Chief of Engineers determines
2 to be necessary and appropriate, and that the Chief of En-
3 gineers shall allocate during the fourth quarter any re-
4 maining funds which have not been used for emergency
5 activities proportionally in accordance with the amounts
6 provided for the programs, projects, or activities.
7 REGULATORY PROGRAM
8 For expenses necessary for administration of laws

9 pertaining to regulation of navigable waters and wetlands,
11 2022.
12 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
13 For expenses necessary to clean up contamination

14 from sites in the United States resulting from work per-
15 formed as part of the Nation’s early atomic energy pro-
16 gram, $250,000,000, to remain available until expended.
17 FLOOD CONTROL AND COASTAL EMERGENCIES
18 For expenses necessary to prepare for flood, hurri-

19 cane, and other natural disasters and support emergency
20 operations, repairs, and other activities in response to
21 such disasters as authorized by law, $35,000,000, to re-
23 EXPENSES
24 For expenses necessary for the supervision and gen-

25 eral administration of the civil works program in the head-
December 21, 2020 (12:59 p.m.)

422
1 quarters of the Corps of Engineers and the offices of the
2 Division Engineers; and for costs of management and op-
3 eration of the Humphreys Engineer Center Support Activ-
4 ity, the Institute for Water Resources, the United States
5 Army Engineer Research and Development Center, and
6 the United States Army Corps of Engineers Finance Cen-
7 ter allocable to the civil works program, $206,000,000, to
8 remain available until September 30, 2022, of which not
9 to exceed $5,000 may be used for official reception and
10 representation purposes and only during the current fiscal
11 year: Provided, That no part of any other appropriation
12 provided in this title shall be available to fund the civil
13 works activities of the Office of the Chief of Engineers
14 or the civil works executive direction and management ac-
15 tivities of the division offices: Provided further, That any
16 Flood Control and Coastal Emergencies appropriation
17 may be used to fund the supervision and general adminis-
18 tration of emergency operations, repairs, and other activi-
19 ties in response to any flood, hurricane, or other natural
20 disaster.
21 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY
22 FOR CIVIL WORKS
23 (INCLUDING RESCISSION OF FUNDS)
24 For the Office of the Assistant Secretary of the Army

25 for Civil Works as authorized by 10 U.S.C. 3016(b)(3),
December 21, 2020 (12:59 p.m.)

423
1 $5,000,000, to remain available until September 30, 2022:
2 Provided, That not more than 75 percent of such amount
3 may be obligated or expended until the Assistant Sec-
4 retary submits to the Committees on Appropriations of
5 both Houses of Congress the report required under section
6 101(d) of this Act and a work plan that allocates at least
7 95 percent of the additional funding provided under each
8 heading in this title, as designated under such heading in
10 matter preceding division A of this consolidated Act), to
11 specific programs, projects, or activities: Provided further,
12 That of the unobligated balances available from amounts
13 appropriated in prior Acts under this heading, $500,000
14 is hereby rescinded: Provided further, That no amounts
15 may be rescinded from amounts that were designated by
16 the Congress as an emergency requirement pursuant to
17 a concurrent resolution on the budget or the Balanced
19 WATER INFRASTRUCTURE FINANCE AND INNOVATION
20 PROGRAM ACCOUNT
21 For the cost of direct loans and for the cost of guar-
22 anteed loans, as authorized by the Water Infrastructure
23 Finance and Innovation Act of 2014, $12,000,000, to re-
24 main available until expended, for safety projects to main-
25 tain, upgrade, and repair dams identified in the National
December 21, 2020 (12:59 p.m.)

424
1 Inventory of Dams with a primary owner type of state,
2 local government, public utility, or private: Provided, That,
3 no project may be funded with amounts provided under
4 this heading for a dam that is identified as jointly owned
5 in the National Inventory of Dams and where one of those
6 joint owners is the Federal Government: Provided further,
7 That such costs, including the cost of modifying such
9 sional Budget Act of 1974: Provided further, That these
10 funds are available to subsidize gross obligations for the
11 principal amount of direct loans, including capitalized in-
12 terest, and total loan principal, including capitalized inter-
13 est, any part of which is to be guaranteed, not to exceed
14 $950,000,000: Provided further, That, within 30 days of
15 enactment of this Act, the Secretary, in consultation with
16 the Office of Management and Budget, shall transmit a
17 report to the Committees on Appropriations of the House
18 of Representatives and the Senate that provides: (1) an
19 analysis of how subsidy rates will be determined for loans
20 financed by appropriations provided under this heading in
21 this Act; (2) a comparison of the factors that will be con-
22 sidered in estimating subsidy rates for loans financed
23 under this heading in this Act with factors that will be
24 considered in estimates of subsidy rates for other projects
25 authorized by the Water Infrastructure Finance and Inno-
December 21, 2020 (12:59 p.m.)

425
1 vation Act of 2014, including an analysis of how both sets
2 of rates will be determined; and (3) an analysis of the
3 process for developing draft regulations for the Water In-
4 frastructure Finance and Innovation program, including
5 a crosswalk from the statutory requirements for such pro-
6 gram, and a timetable for publishing such regulations:
7 Provided further, That the use of direct loans or loan guar-
8 antee authority under this heading for direct loans or com-
9 mitments to guarantee loans for any project shall be in
10 accordance with the criteria published in the Federal Reg-
11 ister on June 30, 2020 (85 FR 39189) pursuant to the
12 fourth proviso under the heading ‘‘Water Infrastructure
13 Finance and Innovation Program Account’’ in division D
14 of the Further Consolidated Appropriations Act, 2020
15 (Public Law 116–94): Provided further, That none of the
16 direct loans or loan guarantee authority made available
17 under this heading shall be available for any project unless
18 the Secretary and the Director of the Office of Manage-
19 ment and Budget have certified in advance in writing that
20 the direct loan or loan guarantee, as applicable, and the
21 project comply with the criteria referenced in the previous
22 proviso: Provided further, That any references to the Envi-
23 ronmental Protection Agency (EPA) or the Administrator
24 in the criteria referenced in the previous two provisos shall
25 be deemed to be references to the Army Corps of Engi-
December 21, 2020 (12:59 p.m.)

426
1 neers or the Secretary of the Army, respectively, for pur-
2 poses of the direct loans or loan guarantee authority made
3 available under this heading: Provided further, That, for
4 the purposes of carrying out the Congressional Budget Act
5 of 1974, the Director of the Congressional Budget Office
6 may request, and the Secretary shall promptly provide,
7 documentation and information relating to a project iden-
8 tified in a Letter of Interest submitted to the Secretary
9 pursuant to a Notice of Funding Availability for applica-
10 tions for credit assistance under the Water Infrastructure
11 Finance and Innovation Act Program, including with re-
12 spect to a project that was initiated or completed before
14 In addition, fees authorized to be collected pursuant
15 to sections 5029 and 5030 of the Water Infrastructure
16 Finance and Innovation Act of 2014 shall be deposited
17 in this account, to remain available until expended.
19 the direct and guaranteed loan programs, $2,200,000, to
20 remain available until September 30, 2022.
21 GENERAL PROVISIONS—CORPS OF
22 ENGINEERS—CIVIL
24 SEC. 101. (a) None of the funds provided in title I

25 of this Act, or provided by previous appropriations Acts
December 21, 2020 (12:59 p.m.)

427
1 to the agencies or entities funded in title I of this Act
2 that remain available for obligation or expenditure in fiscal
3 year 2021, shall be available for obligation or expenditure
4 through a reprogramming of funds that:
5 (1) creates or initiates a new program, project,
6 or activity;
8 (3) increases funds or personnel for any pro-
9 gram, project, or activity for which funds have been
10 denied or restricted by this Act, unless prior ap-
11 proval is received from the Committees on Appro-
12 priations of both Houses of Congress;
13 (4) proposes to use funds directed for a specific
14 activity for a different purpose, unless prior approval
15 is received from the Committees on Appropriations
16 of both Houses of Congress;
17 (5) augments or reduces existing programs,
18 projects, or activities in excess of the amounts con-
19 tained in paragraphs (6) through (10), unless prior
20 approval is received from the Committees on Appro-
21 priations of both Houses of Congress;
22 (6) INVESTIGATIONS.—For a base level over
23 $100,000, reprogramming of 25 percent of the base
24 amount up to a limit of $150,000 per project, study
25 or activity is allowed: Provided, That for a base level
December 21, 2020 (12:59 p.m.)

428
1 less than $100,000, the reprogramming limit is
2 $25,000: Provided further, That up to $25,000 may
3 be reprogrammed into any continuing study or activ-
4 ity that did not receive an appropriation for existing
5 obligations and concomitant administrative expenses;
6 (7) CONSTRUCTION.—For a base level over
7 $2,000,000, reprogramming of 15 percent of the
8 base amount up to a limit of $3,000,000 per project,
9 study or activity is allowed: Provided, That for a
10 base level less than $2,000,000, the reprogramming
11 limit is $300,000: Provided further, That up to
12 $3,000,000 may be reprogrammed for settled con-
13 tractor claims, changed conditions, or real estate de-
14 ficiency judgments: Provided further, That up to
15 $300,000 may be reprogrammed into any continuing
16 study or activity that did not receive an appropria-
17 tion for existing obligations and concomitant admin-
18 istrative expenses;
19 (8) OPERATION AND MAINTENANCE.—Unlim-
20 ited reprogramming authority is granted for the

21 Corps to be able to respond to emergencies: Pro-
22 vided, That the Chief of Engineers shall notify the
23 Committees on Appropriations of both Houses of
24 Congress of these emergency actions as soon there-
25 after as practicable: Provided further, That for a
December 21, 2020 (12:59 p.m.)

429
1 base level over $1,000,000, reprogramming of 15
2 percent of the base amount up to a limit of
3 $5,000,000 per project, study, or activity is allowed:
4 Provided further, That for a base level less than
5 $1,000,000, the reprogramming limit is $150,000:
6 Provided further, That $150,000 may be repro-
7 grammed into any continuing study or activity that
8 did not receive an appropriation;
9 (9) MISSISSIPPI RIVER AND TRIBUTARIES.—
10 The reprogramming guidelines in paragraphs (6),

11 (7), and (8) shall apply to the Investigations, Con-
12 struction, and Operation and Maintenance portions
13 of the Mississippi River and Tributaries Account, re-
14 spectively; and
15 (10) FORMERLY UTILIZED SITES REMEDIAL AC-
16 TION PROGRAM.—Reprogramming of up to 15 per-

17 cent of the base of the receiving project is permitted.
18 (b) DE MINIMUS REPROGRAMMINGS.—In no case
19 should a reprogramming for less than $50,000 be sub-
20 mitted to the Committees on Appropriations of both
21 Houses of Congress.
22 (c) CONTINUING AUTHORITIES PROGRAM.—Sub-
23 section (a)(1) shall not apply to any project or activity
24 funded under the continuing authorities program.
December 21, 2020 (12:59 p.m.)

430
1 (d) Not later than 60 days after the date of enact-
2 ment of this Act, the Secretary shall submit a report to
3 the Committees on Appropriations of both Houses of Con-
4 gress to establish the baseline for application of re-
5 programming and transfer authorities for the current fis-
6 cal year which shall include:
7 (1) A table for each appropriation with a sepa-
10 due to enacted rescissions, if applicable, and the fis-
11 cal year enacted level; and
12 (2) A delineation in the table for each appro-
13 priation both by object class and program, project
14 and activity as detailed in the budget appendix for
15 the respective appropriations; and
16 (3) An identification of items of special congres-
17 sional interest.
18 SEC. 102. The Secretary shall allocate funds made
19 available in this Act solely in accordance with the provi-
20 sions of this Act and the explanatory statement described
21 in section 4 (in the matter preceding division A of this
22 consolidated Act), including the determination and des-
23 ignation of new starts.
25 title may be used to award or modify any contract that
December 21, 2020 (12:59 p.m.)

431
1 commits funds beyond the amounts appropriated for that
2 program, project, or activity that remain unobligated, ex-
3 cept that such amounts may include any funds that have
4 been made available through reprogramming pursuant to
5 section 101.
6 SEC. 104. The Secretary of the Army may transfer
7 to the Fish and Wildlife Service, and the Fish and Wildlife
8 Service may accept and expend, up to $5,400,000 of funds
9 provided in this title under the heading ‘‘Operation and
10 Maintenance’’ to mitigate for fisheries lost due to Corps
11 of Engineers projects.
12 SEC. 105. None of the funds in this Act shall be used
13 for an open lake placement alternative for dredged mate-
14 rial, after evaluating the least costly, environmentally ac-
15 ceptable manner for the disposal or management of
16 dredged material originating from Lake Erie or tributaries
17 thereto, unless it is approved under a State water quality
18 certification pursuant to section 401 of the Federal Water
19 Pollution Control Act (33 U.S.C. 1341): Provided, That
20 until an open lake placement alternative for dredged mate-
21 rial is approved under a State water quality certification,
22 the Corps of Engineers shall continue upland placement
23 of such dredged material consistent with the requirements
24 of section 101 of the Water Resources Development Act
25 of 1986 (33 U.S.C. 2211).
December 21, 2020 (12:59 p.m.)

432
2 Act or any other Act may be used to reorganize or to
3 transfer the Civil Works functions or authority of the
4 Corps of Engineers or the Secretary of the Army to an-
5 other department or agency.
6 SEC. 107. Additional funding provided in this Act
7 shall be allocated only to projects determined to be eligible
8 by the Chief of Engineers.
10 Act may be used to carry out any water supply reallocation
11 study under the Wolf Creek Dam, Lake Cumberland, Ken-
12 tucky, project authorized under the Act of July 24, 1946
13 (60 Stat. 636, ch. 595).
14 SEC. 109. (a) When allocating the additional funding
15 provided in this title under the headings ‘‘Construction’’
16 and ‘‘Mississippi River and Tributaries’’, the Secretary
17 shall initiate a total of seven new construction starts dur-
18 ing fiscal year 2021.
19 (b) For new construction projects, project cost shar-
20 ing agreements shall be executed as soon as practicable
21 but no later than December 31, 2021.
22 (c) No allocation for a new start shall be considered
23 final and no work allowance shall be made until the Sec-
24 retary provides to the Committees on Appropriations of
25 both Houses of Congress an out-year funding scenario
December 21, 2020 (12:59 p.m.)

433
1 demonstrating the affordability of the selected new starts
2 and the impacts on other projects.
3 (d) The Secretary shall not deviate from the new
4 starts proposed in the work plan, once the plan has been
5 submitted to the Committees on Appropriations of both
December 21, 2020 (12:59 p.m.)

434
1 TITLE II
2 DEPARTMENT OF THE INTERIOR
3 CENTRAL UTAH PROJECT
4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT
5 For carrying out activities authorized by the Central

6 Utah Project Completion Act, $21,000,000, to remain
7 available until expended, of which $1,800,000 shall be de-
8 posited into the Utah Reclamation Mitigation and Con-
9 servation Account for use by the Utah Reclamation Miti-
10 gation and Conservation Commission: Provided, That of
11 the amount provided under this heading, $1,500,000 shall
12 be available until September 30, 2022, for expenses nec-
13 essary in carrying out related responsibilities of the Sec-
14 retary of the Interior: Provided further, That for fiscal
15 year 2021, of the amount made available to the Commis-
16 sion under this Act or any other Act, the Commission may
17 use an amount not to exceed $1,500,000 for administra-
18 tive expenses.
19 BUREAU OF RECLAMATION
20 The following appropriations shall be expended to
21 execute authorized functions of the Bureau of Reclama-
22 tion:
December 21, 2020 (12:59 p.m.)

435
1 WATER AND RELATED RESOURCES
3 For management, development, and restoration of

4 water and related natural resources and for related activi-
5 ties, including the operation, maintenance, and rehabilita-
6 tion of reclamation and other facilities, participation in
7 fulfilling related Federal responsibilities to Native Ameri-
8 cans, and related grants to, and cooperative and other
9 agreements with, State and local governments, federally
10 recognized Indian Tribes, and others, $1,521,125,000, to
11 remain available until expended, of which $58,476,000
12 shall be available for transfer to the Upper Colorado River
13 Basin Fund and $5,584,000 shall be available for transfer
14 to the Lower Colorado River Basin Development Fund;
15 of which such amounts as may be necessary may be ad-
16 vanced to the Colorado River Dam Fund: Provided, That
17 $25,882,000 shall be available for transfer into the Black-
18 feet Water Settlement Implementation Fund established
19 by section 3717 of Public Law 114–322: Provided further,
20 That such transfers may be increased or decreased within
21 the overall appropriation under this heading: Provided fur-
22 ther, That of the total appropriated, the amount for pro-
23 gram activities that can be financed by the Reclamation
24 Fund or the Bureau of Reclamation special fee account
25 established by 16 U.S.C. 6806 shall be derived from that
December 21, 2020 (12:59 p.m.)

436
1 Fund or account: Provided further, That funds contributed
2 under 43 U.S.C. 395 are available until expended for the
3 purposes for which the funds were contributed: Provided
4 further, That funds advanced under 43 U.S.C. 397a shall
5 be credited to this account and are available until ex-
6 pended for the same purposes as the sums appropriated
7 under this heading: Provided further, That of the amounts
8 provided herein, funds may be used for high-priority
9 projects which shall be carried out by the Youth Conserva-
10 tion Corps, as authorized by 16 U.S.C. 1706: Provided
11 further, That within available funds, $250,000 shall be for
12 grants and financial assistance for educational activities:
13 Provided further, That in accordance with section 4007 of
14 Public Law 114–322, funding provided for such purpose
15 in fiscal years 2017, 2018, 2019, and 2020 shall be made
16 available for the construction, pre-construction, or study
17 of the Friant-Kern Canal Capacity Correction Resulting
18 from Subsidence, the Boise River Basin—Anderson Ranch
19 Dam Raise, the North-of-the-Delta Off Stream Storage
20 (Sites Reservoir Project), the Los Vaqueros Reservoir
21 Phase 2 Expansion Project, and the Cle Elum Pool Raise
22 (Yakima), as recommended by the Secretary in the letters
23 dated June 22, 2020, and December 3, 2020, inclusive;
24 the Delta Mendota Canal Subsidence Correction, the Del
25 Puerto Water District, the San Luis Low Point Improve-
December 21, 2020 (12:59 p.m.)

437
1 ment Project, and the Sacramento Regional Water Bank,
2 as recommended by the Secretary in the letter dated June
3 22, 2020: Provided further, That in accordance with sec-
4 tion 4009(c) of Public Law 114–322, and as recommended
5 by the Secretary in a letter dated December 3, 2020, fund-
6 ing provided for such purpose in fiscal years 2019 and
7 2020 shall be made available to the El Paso Aquifer Stor-
8 age and Recovery Using Reclaimed Water Project, the
9 Pure Water Monterey: A Groundwater Replenishment
10 Project, the Pure Water Soquel: Groundwater Replenish-
11 ment and Seawater Intrusion Prevention Project, the
12 Magna Water District Water Reclamation and Reuse
13 Project, the Pure Water Oceanside: Mission Basin
14 Groundwater Purification Facility Project, the Ground-
15 water Reliability Improvement Program Recycled Water
16 Project, and the Palmdale Regional Groundwater Re-
17 charge and Recovery Project: Provided further, That in ac-
18 cordance with section 4009(a) of Public Law 114–322,
19 and as recommended by the Secretary in a letter dated
20 December 3, 2020, funding provided for such purpose in
21 fiscal years 2019 and 2020 shall be made available to the
22 Doheny Ocean Desalination Project, the North Pleasant
23 Valley Desalter Facility, and the Energy-Efficient Brack-
24 ish Groundwater Desalination Project.
December 21, 2020 (12:59 p.m.)

438
1 CENTRAL VALLEY PROJECT RESTORATION FUND
2 For carrying out the programs, projects, plans, habi-

3 tat restoration, improvement, and acquisition provisions of
4 the Central Valley Project Improvement Act, $55,875,000,
5 to be derived from such sums as may be collected in the
6 Central Valley Project Restoration Fund pursuant to sec-
7 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law
8 102–575, to remain available until expended: Provided,
9 That the Bureau of Reclamation is directed to assess and
10 collect the full amount of the additional mitigation and
11 restoration payments authorized by section 3407(d) of
12 Public Law 102–575: Provided further, That none of the
13 funds made available under this heading may be used for
14 the acquisition or leasing of water for in-stream purposes
15 if the water is already committed to in-stream purposes
16 by a court adopted decree or order.
17 CALIFORNIA BAY-DELTA RESTORATION
19 For carrying out activities authorized by the Water

20 Supply, Reliability, and Environmental Improvement Act,
21 consistent with plans to be approved by the Secretary of
22 the Interior, $33,000,000, to remain available until ex-
23 pended, of which such amounts as may be necessary to
24 carry out such activities may be transferred to appropriate
25 accounts of other participating Federal agencies to carry
December 21, 2020 (12:59 p.m.)

439
1 out authorized purposes: Provided, That funds appro-
2 priated herein may be used for the Federal share of the
3 costs of CALFED Program management: Provided fur-
4 ther, That CALFED implementation shall be carried out
5 in a balanced manner with clear performance measures
6 demonstrating concurrent progress in achieving the goals
7 and objectives of the Program.
8 POLICY AND ADMINISTRATION
9 For expenses necessary for policy, administration,

10 and related functions in the Office of the Commissioner,
11 the Denver office, and offices in the six regions of the Bu-
12 reau of Reclamation, to remain available until September
13 30, 2022, $60,000,000, to be derived from the Reclama-
14 tion Fund and be nonreimbursable as provided in 43
15 U.S.C. 377: Provided, That no part of any other appro-
16 priation in this Act shall be available for activities or func-
17 tions budgeted as policy and administration expenses.
18 ADMINISTRATIVE PROVISION
19 Appropriations for the Bureau of Reclamation shall

20 be available for purchase of not to exceed five passenger
21 motor vehicles, which are for replacement only.
22 GENERAL PROVISIONS—DEPARTMENT OF THE
23 INTERIOR
24 SEC. 201. (a) None of the funds provided in title II
25 of this Act for Water and Related Resources, or provided
December 21, 2020 (12:59 p.m.)

440
1 by previous or subsequent appropriations Acts to the agen-
2 cies or entities funded in title II of this Act for Water
3 and Related Resources that remain available for obligation
4 or expenditure in fiscal year 2021, shall be available for
5 obligation or expenditure through a reprogramming of
6 funds that—
7 (1) initiates or creates a new program, project,
8 or activity;
10 (3) increases funds for any program, project, or
11 activity for which funds have been denied or re-
12 stricted by this Act, unless prior approval is received
14 Houses of Congress;
15 (4) restarts or resumes any program, project or
16 activity for which funds are not provided in this Act,
17 unless prior approval is received from the Commit-
18 tees on Appropriations of both Houses of Congress;
19 (5) transfers funds in excess of the following
20 limits, unless prior approval is received from the
22 Congress:
23 (A) 15 percent for any program, project or
24 activity for which $2,000,000 or more is avail-
25 able at the beginning of the fiscal year; or
December 21, 2020 (12:59 p.m.)

441
1 (B) $400,000 for any program, project or
2 activity for which less than $2,000,000 is avail-
3 able at the beginning of the fiscal year;
4 (6) transfers more than $500,000 from either
5 the Facilities Operation, Maintenance, and Rehabili-
6 tation category or the Resources Management and
7 Development category to any program, project, or
8 activity in the other category, unless prior approval
9 is received from the Committees on Appropriations
10 of both Houses of Congress; or
11 (7) transfers, where necessary to discharge legal
12 obligations of the Bureau of Reclamation, more than
13 $5,000,000 to provide adequate funds for settled
14 contractor claims, increased contractor earnings due
15 to accelerated rates of operations, and real estate de-
16 ficiency judgments, unless prior approval is received
19 (b) Subsection (a)(5) shall not apply to any transfer
20 of funds within the Facilities Operation, Maintenance, and
21 Rehabilitation category.
22 (c) For purposes of this section, the term ‘‘transfer’’
23 means any movement of funds into or out of a program,
24 project, or activity.
December 21, 2020 (12:59 p.m.)

442
1 (d) The Bureau of Reclamation shall submit reports
2 on a quarterly basis to the Committees on Appropriations
3 of both Houses of Congress detailing all the funds repro-
4 grammed between programs, projects, activities, or cat-
5 egories of funding. The first quarterly report shall be sub-
6 mitted not later than 60 days after the date of enactment
7 of this Act.
9 erwise made available by this Act may be used to deter-
10 mine the final point of discharge for the interceptor drain
11 for the San Luis Unit until development by the Secretary
12 of the Interior and the State of California of a plan, which
13 shall conform to the water quality standards of the State
14 of California as approved by the Administrator of the En-
15 vironmental Protection Agency, to minimize any detri-
16 mental effect of the San Luis drainage waters.
17 (b) The costs of the Kesterson Reservoir Cleanup
18 Program and the costs of the San Joaquin Valley Drain-
19 age Program shall be classified by the Secretary of the
20 Interior as reimbursable or nonreimbursable and collected
21 until fully repaid pursuant to the ‘‘Cleanup Program—
22 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter-
23 native Repayment Plan’’ described in the report entitled
24 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro-
25 gram and San Joaquin Valley Drainage Program, Feb-
December 21, 2020 (12:59 p.m.)

443
1 ruary 1995’’, prepared by the Department of the Interior,
2 Bureau of Reclamation. Any future obligations of funds
3 by the United States relating to, or providing for, drainage
4 service or drainage studies for the San Luis Unit shall
5 be fully reimbursable by San Luis Unit beneficiaries of
6 such service or studies pursuant to Federal reclamation
7 law.
8 SEC. 203. Section 9504(e) of the Omnibus Public
9 Land Management Act of 2009 (42 U.S.C. 10364(e)) is
10 amended by striking ‘‘ $530,000,000’’ and inserting ‘‘
11 $610,000,000’’.
12 SEC. 204. Title I of Public Law 108–361 (the
13 CALFED Bay-Delta Authorization Act) (118 Stat. 1681),
14 as amended by section 4007(k) of Public Law 114–322,
15 is amended by striking ‘‘2020’’ each place it appears and
16 inserting ‘‘2021’’.
17 SEC. 205. Section 9106(g)(2) of Public Law 111–11
18 (Omnibus Public Land Management Act of 2009) is
19 amended by striking ‘‘2020’’ and inserting ‘‘2021’’.
20 SEC. 206. Section 6002(g)(4) of the Omnibus Public
21 Land Management Act of 2009 (Public Law 111–11) is
23 SEC. 207. (a) Section 104(c) of the Reclamation
24 States Emergency Drought Relief Act of 1991 (43 U.S.C.
December 21, 2020 (12:59 p.m.)

444
1 2214(c)) is amended by striking‘‘2020’’ and inserting
2 ‘‘2021’’.
3 (b) Section 301 of the Reclamation States Emergency
4 Drought Relief Act of 1991 (43 U.S.C. 2241) is amended
5 by striking ‘‘2020’’ and inserting ‘‘2021’’.
7 Act may be used for pre-construction or construction ac-
8 tivities for any project recommended after enactment of
9 the Energy and Water Development and Related Agencies
10 Appropriations Act, 2020 and prior to enactment of this
11 Act by the Secretary of the Interior and transmitted to
12 the appropriate committees of Congress pursuant to sec-
13 tion 4007, section 4009(a), or section 4009(c) of the
14 Water Infrastructure Improvements for the Nation Act
15 (Public Law 114–322) if such project is not named in this
16 Act.
December 21, 2020 (12:59 p.m.)

445
1 TITLE III
2 DEPARTMENT OF ENERGY
3 ENERGY PROGRAMS
4 ENERGY EFFICIENCY AND RENEWABLE ENERGY
5 (INCLUDING RESCISSIONS OF FUNDS)
6 For Department of Energy expenses including the

7 purchase, construction, and acquisition of plant and cap-
8 ital equipment, and other expenses necessary for energy
9 efficiency and renewable energy activities in carrying out
10 the purposes of the Department of Energy Organization
11 Act (42 U.S.C. 7101 et seq.), including the acquisition or
12 condemnation of any real property or any facility or for
13 plant or facility acquisition, construction, or expansion,
14 $2,864,000,293, to remain available until expended: Pro-
15 vided, That of such amount, $165,000,000 shall be avail-
16 able until September 30, 2022, for program direction: Pro-
17 vided further, That of the unobligated balances available
18 from amounts appropriated in Public Law 111–8 under
19 this heading, $806,831 is hereby rescinded: Provided fur-
20 ther, That of the unobligated balances available from
21 amounts appropriated in Public Law 111–85 under this
22 heading, $1,433,462 is hereby rescinded: Provided further,
23 That no amounts may be rescinded under the previous two
24 provisos from amounts that were designated by the Con-
25 gress as an emergency requirement pursuant to the Con-
December 21, 2020 (12:59 p.m.)

446
1 current Resolution on the Budget or the Balanced Budget
3 CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY
4 RESPONSE
7 ital equipment, and other expenses necessary for energy
8 sector cybersecurity, energy security, and emergency re-
9 sponse activities in carrying out the purposes of the De-
10 partment of Energy Organization Act (42 U.S.C. 7101 et
11 seq.), including the acquisition or condemnation of any
12 real property or any facility or for plant or facility acquisi-
13 tion, construction, or expansion, $156,000,000, to remain
14 available until expended: Provided, That of such amount,
16 for program direction.
17 ELECTRICITY
20 ital equipment, and other expenses necessary for elec-
21 tricity activities in carrying out the purposes of the De-
25 tion, construction, or expansion, $211,720,000, to remain
December 21, 2020 (12:59 p.m.)

447
4 NUCLEAR ENERGY
7 ital equipment, and other expenses necessary for nuclear
8 energy activities in carrying out the purposes of the De-
12 tion, construction, or expansion, $1,507,600,000, to re-
13 main available until expended: Provided, That of such
14 amount, $75,131,000 shall be available until September
15 30, 2022, for program direction.
16 FOSSIL ENERGY RESEARCH AND DEVELOPMENT
17 For Department of Energy expenses necessary in car-
18 rying out fossil energy research and development activi-
19 ties, under the authority of the Department of Energy Or-
20 ganization Act (42 U.S.C. 7101 et seq.), including the ac-
21 quisition of interest, including defeasible and equitable in-
22 terests in any real property or any facility or for plant
23 or facility acquisition or expansion, and for conducting in-
24 quiries, technological investigations and research con-
25 cerning the extraction, processing, use, and disposal of
December 21, 2020 (12:59 p.m.)

448
1 mineral substances without objectionable social and envi-
2 ronmental costs (30 U.S.C. 3, 1602, and 1603),
4 vided, That of such amount $61,500,000 shall be available
5 until September 30, 2022, for program direction.
6 NAVAL PETROLEUM AND OIL SHALE RESERVES
7 For Department of Energy expenses necessary to
8 carry out naval petroleum and oil shale reserve activities,
10 vided, That notwithstanding any other provision of law,
11 unobligated funds remaining from prior years shall be
12 available for all naval petroleum and oil shale reserve ac-
13 tivities.
14 STRATEGIC PETROLEUM RESERVE
15 For Department of Energy expenses necessary for
16 Strategic Petroleum Reserve facility development and op-
17 erations and program management activities pursuant to
18 the Energy Policy and Conservation Act (42 U.S.C. 6201
19 et seq.), $188,000,000, to remain available until expended.
20 SPR PETROLEUM ACCOUNT
21 For the acquisition, transportation, and injection of
22 petroleum products, and for other necessary expenses pur-
23 suant to the Energy Policy and Conservation Act of 1975,
24 as amended (42 U.S.C. 6201 et seq.), sections 403 and
25 404 of the Bipartisan Budget Act of 2015 (42 U.S.C.
December 21, 2020 (12:59 p.m.)

449
1 6241, 6239 note), and section 5010 of the 21st Century
2 Cures Act (Public Law 114–255), $1,000,000, to remain
4 NORTHEAST HOME HEATING OIL RESERVE
6 Northeast Home Heating Oil Reserve storage, operation,
7 and management activities pursuant to the Energy Policy
8 and Conservation Act (42 U.S.C. 6201 et seq.),
10 ENERGY INFORMATION ADMINISTRATION
12 rying out the activities of the Energy Information Admin-
13 istration, $126,800,000, to remain available until ex-
14 pended.
15 NON-DEFENSE ENVIRONMENTAL CLEANUP
16 For Department of Energy expenses, including the
18 ital equipment and other expenses necessary for non-de-
19 fense environmental cleanup activities in carrying out the
20 purposes of the Department of Energy Organization Act
21 (42 U.S.C. 7101 et seq.), including the acquisition or con-
22 demnation of any real property or any facility or for plant
23 or facility acquisition, construction, or expansion,
25 vided, That, in addition, fees collected pursuant to sub-
December 21, 2020 (12:59 p.m.)

450
1 section (b)(1) of section 6939f of title 42, United States
2 Code, and deposited under this heading in fiscal year 2021
3 pursuant to section 309 of title III of division C of Public
4 Law 116–94 are appropriated, to remain available until
5 expended, for mercury storage costs.
6 URANIUM ENRICHMENT DECONTAMINATION AND
7 DECOMMISSIONING FUND
9 rying out uranium enrichment facility decontamination
10 and decommissioning, remedial actions, and other activi-
11 ties of title II of the Atomic Energy Act of 1954, and
12 title X, subtitle A, of the Energy Policy Act of 1992,
13 $841,000,000, to be derived from the Uranium Enrich-
14 ment Decontamination and Decommissioning Fund, to re-
15 main available until expended, of which $5,000,000 shall
16 be available in accordance with title X, subtitle A, of the
17 Energy Policy Act of 1992.
18 SCIENCE
21 ital equipment, and other expenses necessary for science
22 activities in carrying out the purposes of the Department
23 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
24 cluding the acquisition or condemnation of any real prop-
25 erty or any facility or for plant or facility acquisition, con-
December 21, 2020 (12:59 p.m.)

451
1 struction, or expansion, and purchase of not more than
2 35 passenger motor vehicles for replacement only,
5 able until September 30, 2022, for program direction: Pro-
6 vided further, That of the amount provided under this
7 heading in this Act, $2,300,000,000 is designated by the
8 Congress as being for an emergency requirement pursuant
9 to section 251(b)(2)(A)(i) of the Balanced Budget and
11 NUCLEAR WASTE DISPOSAL
13 nuclear waste disposal activities to carry out the purposes
14 of the Nuclear Waste Policy Act of 1982, Public Law 97–
15 425, as amended, including interim storage activities,
16 $27,500,000, to remain available until expended, of which
17 $7,500,000 shall be derived from the Nuclear Waste
18 Fund.
19 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
21 rying out the activities authorized by section 5012 of the
22 America COMPETES Act (Public Law 110–69),
25 able until September 30, 2022, for program direction.
December 21, 2020 (12:59 p.m.)

452
1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE
2 PROGRAM
4 Such sums as are derived from amounts received

5 from borrowers pursuant to section 1702(b) of the Energy
6 Policy Act of 2005 under this heading in prior Acts, shall
7 be collected in accordance with section 502(7) of the Con-
8 gressional Budget Act of 1974: Provided, That for nec-
9 essary administrative expenses of the Title 17 Innovative
10 Technology Loan Guarantee Program, as authorized,
11 $32,000,000 is appropriated, to remain available until
12 September 30, 2022: Provided further, That up to
13 $32,000,000 of fees collected in fiscal year 2021 pursuant
14 to section 1702(h) of the Energy Policy Act of 2005 shall
15 be credited as offsetting collections under this heading and
16 used for necessary administrative expenses in this appro-
17 priation and shall remain available until September 30,
18 2022: Provided further, That to the extent that fees col-
19 lected in fiscal year 2021 exceed $32,000,000, those ex-
20 cess amounts shall be credited as offsetting collections
21 under this heading and available in future fiscal years only
22 to the extent provided in advance in appropriations Acts:
23 Provided further, That the sum herein appropriated from
24 the general fund shall be reduced (1) as such fees are re-
25 ceived during fiscal year 2021 (estimated at $3,000,000)
December 21, 2020 (12:59 p.m.)

453
1 and (2) to the extent that any remaining general fund ap-
2 propriations can be derived from fees collected in previous
3 fiscal years that are not otherwise appropriated, so as to
4 result in a final fiscal year 2021 appropriation from the
5 general fund estimated at $0: Provided further, That the
6 Department of Energy shall not subordinate any loan obli-
7 gation to other financing in violation of section 1702 of
8 the Energy Policy Act of 2005 or subordinate any Guaran-
9 teed Obligation to any loan or other debt obligations in
10 violation of section 609.10 of title 10, Code of Federal
11 Regulations: Provided further, That, of the unobligated
12 balances available under the heading ‘‘Department of En-
13 ergy—Energy Programs—Title 17—Innovative Tech-
14 nology Loan Guarantee Program’’ in the American Recov-
15 ery and Reinvestment Act of 2009 (Public Law 111–5)
16 for the cost of guaranteed loans authorized by section
17 1705 of the Energy Policy Act of 2005, $392,000,000 are
18 hereby rescinded: Provided further, That the amounts re-
19 scinded pursuant to the preceding proviso that were pre-
20 viously designated by the Congress as an emergency re-
21 quirement pursuant to section 204(a) of S. Con. Res. 21
22 (110th Congress) and section 301(b)(2) of S. Con. Res.
23 70 (110th Congress), the concurrent resolutions on the
24 budget for fiscal years 2008 and 2009, are designated by
December 21, 2020 (12:59 p.m.)

454
1 section 251(b)(2)(A)(i) of the Balanced Budget and
3 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
4 LOAN PROGRAM
6 For Department of Energy administrative expenses

7 necessary in carrying out the Advanced Technology Vehi-
8 cles Manufacturing Loan Program, $5,000,000, to remain
9 available until September 30, 2022: Provided, That, of the
10 unobligated balances available from amounts appropriated
11 for the costs of direct loans in section 129 of division A
12 of the Consolidated Security, Disaster Assistance, and
13 Continuing Appropriations Act, 2009 (Public Law 110–
14 329), $1,908,000,000 are hereby rescinded: Provided fur-
15 ther, That the amounts rescinded pursuant to the pre-
16 ceding proviso that were previously designated by the Con-
17 gress as an emergency requirement pursuant to section
18 204(a) of S. Con. Res. 21 (110th Congress) and section
19 301(b)(2) of S. Con. Res. 70 (110th Congress), the con-
20 current resolutions on the budget for fiscal years 2008 and
21 2009, are designated by the Congress as an emergency
22 requirement pursuant to section 251(b)(2)(A)(i) of the
23 Balanced Budget and Emergency Deficit Control Act of
24 1985.
December 21, 2020 (12:59 p.m.)

455
1 TRIBAL ENERGY LOAN GUARANTEE PROGRAM
2 For Department of Energy administrative expenses
3 necessary in carrying out the Tribal Energy Loan Guar-
4 antee Program, $2,000,000, to remain available until Sep-
5 tember 30, 2022.
6 OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS
7 For necessary expenses for Indian Energy activities
8 in carrying out the purposes of the Department of Energy
9 Organization Act (42 U.S.C. 7101 et seq.), $22,000,000,
10 to remain available until expended: Provided, That, of the
11 amount appropriated under this heading, $5,000,000 shall
12 be available until September 30, 2022, for program direc-
13 tion.
14 DEPARTMENTAL ADMINISTRATION
15 For salaries and expenses of the Department of En-
16 ergy necessary for departmental administration in car-
17 rying out the purposes of the Department of Energy Orga-
18 nization Act (42 U.S.C. 7101 et seq.), $259,378,000, to
19 remain available until September 30, 2022, including the
20 hire of passenger motor vehicles and official reception and
21 representation expenses not to exceed $30,000, plus such
22 additional amounts as necessary to cover increases in the
23 estimated amount of cost of work for others notwith-
24 standing the provisions of the Anti-Deficiency Act (31
25 U.S.C. 1511 et seq.): Provided, That such increases in
December 21, 2020 (12:59 p.m.)

456
1 cost of work are offset by revenue increases of the same
2 or greater amount: Provided further, That moneys received
3 by the Department for miscellaneous revenues estimated
4 to total $93,378,000 in fiscal year 2021 may be retained
5 and used for operating expenses within this account, as
6 authorized by section 201 of Public Law 95–238, notwith-
7 standing the provisions of 31 U.S.C. 3302: Provided fur-
8 ther, That the sum herein appropriated shall be reduced
9 as collections are received during the fiscal year so as to
10 result in a final fiscal year 2021 appropriation from the
11 general fund estimated at not more than $166,000,000.
13 For expenses necessary for the Office of the Inspector
15 General Act of 1978, $57,739,000, to remain available
17 ATOMIC ENERGY DEFENSE ACTIVITIES
18 NATIONAL NUCLEAR SECURITY
19 ADMINISTRATION
20 WEAPONS ACTIVITIES
23 ital equipment and other incidental expenses necessary for
24 atomic energy defense weapons activities in carrying out
December 21, 2020 (12:59 p.m.)

457
4 and the purchase of not to exceed one aircraft, one ambu-
5 lance, and two passenger buses, for replacement only,
8 able for the Uranium Reserve Program: Provided further,
9 That of such amount, $123,684,000 shall be available
10 until September 30, 2022, for program direction.
11 DEFENSE NUCLEAR NONPROLIFERATION
14 ital equipment and other incidental expenses necessary for
15 defense nuclear nonproliferation activities, in carrying out
21 NAVAL REACTORS

24 naval reactors activities to carry out the Department of
25 Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
December 21, 2020 (12:59 p.m.)

458
1 ing the acquisition (by purchase, condemnation, construc-
2 tion, or otherwise) of real property, plant, and capital
3 equipment, facilities, and facility expansion,
4 $1,684,000,000, to remain available until expended, of
5 which, $91,000,000 shall be transferred to ‘‘Department
6 of Energy—Energy Programs—Nuclear Energy’’, for the
7 Advanced Test Reactor: Provided, That of such amount,
10 FEDERAL SALARIES AND EXPENSES
11 For expenses necessary for Federal Salaries and Ex-
12 penses in the National Nuclear Security Administration,
14 2022, including official reception and representation ex-
15 penses not to exceed $17,000.
16 ENVIRONMENTAL AND OTHER DEFENSE
17 ACTIVITIES
18 DEFENSE ENVIRONMENTAL CLEANUP
21 ital equipment and other expenses necessary for atomic
22 energy defense environmental cleanup activities in car-
23 rying out the purposes of the Department of Energy Orga-
24 nization Act (42 U.S.C. 7101 et seq.), including the acqui-
25 sition or condemnation of any real property or any facility
December 21, 2020 (12:59 p.m.)

459
1 or for plant or facility acquisition, construction, or expan-
2 sion, and the purchase of not to exceed 1 passenger
3 minivan for replacement only, $6,426,000,000, to remain
7 OTHER DEFENSE ACTIVITIES
10 ital equipment and other expenses, necessary for atomic
11 energy defense, other defense activities, and classified ac-
12 tivities, in carrying out the purposes of the Department
13 of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
14 cluding the acquisition or condemnation of any real prop-
15 erty or any facility or for plant or facility acquisition, con-
16 struction, or expansion, $920,000,000, to remain available
17 until expended: Provided, That of such amount,
20 POWER MARKETING ADMINISTRATIONS
21 BONNEVILLE POWER ADMINISTRATION FUND
22 Expenditures from the Bonneville Power Administra-
23 tion Fund, established pursuant to Public Law 93–454,
24 are approved for official reception and representation ex-
25 penses in an amount not to exceed $5,000: Provided, That
December 21, 2020 (12:59 p.m.)

460
1 during fiscal year 2021, no new direct loan obligations
2 may be made.
3 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
4 ADMINISTRATION
5 For expenses necessary for operation and mainte-
6 nance of power transmission facilities and for marketing
7 electric power and energy, including transmission wheeling
8 and ancillary services, pursuant to section 5 of the Flood
9 Control Act of 1944 (16 U.S.C. 825s), as applied to the
10 southeastern power area, $7,246,000, including official re-
11 ception and representation expenses in an amount not to
12 exceed $1,500, to remain available until expended: Pro-
13 vided, That notwithstanding 31 U.S.C. 3302 and section
14 5 of the Flood Control Act of 1944, up to $7,246,000 col-
15 lected by the Southeastern Power Administration from the
16 sale of power and related services shall be credited to this
17 account as discretionary offsetting collections, to remain
18 available until expended for the sole purpose of funding
19 the annual expenses of the Southeastern Power Adminis-
20 tration: Provided further, That the sum herein appro-
21 priated for annual expenses shall be reduced as collections
22 are received during the fiscal year so as to result in a final
23 fiscal year 2021 appropriation estimated at not more than
24 $0: Provided further, That notwithstanding 31 U.S.C.
25 3302, up to $52,000,000 collected by the Southeastern
December 21, 2020 (12:59 p.m.)

461
1 Power Administration pursuant to the Flood Control Act
2 of 1944 to recover purchase power and wheeling expenses
3 shall be credited to this account as offsetting collections,
4 to remain available until expended for the sole purpose
5 of making purchase power and wheeling expenditures:
6 Provided further, That for purposes of this appropriation,
7 annual expenses means expenditures that are generally re-
8 covered in the same year that they are incurred (excluding
9 purchase power and wheeling expenses).
10 OPERATION AND MAINTENANCE, SOUTHWESTERN
11 POWER ADMINISTRATION
12 For expenses necessary for operation and mainte-
13 nance of power transmission facilities and for marketing
14 electric power and energy, for construction and acquisition
15 of transmission lines, substations and appurtenant facili-
16 ties, and for administrative expenses, including official re-
17 ception and representation expenses in an amount not to
18 exceed $1,500 in carrying out section 5 of the Flood Con-
19 trol Act of 1944 (16 U.S.C. 825s), as applied to the
20 Southwestern Power Administration, $47,540,000, to re-
21 main available until expended: Provided, That notwith-
22 standing 31 U.S.C. 3302 and section 5 of the Flood Con-
23 trol Act of 1944 (16 U.S.C. 825s), up to $37,140,000 col-
24 lected by the Southwestern Power Administration from
25 the sale of power and related services shall be credited to
December 21, 2020 (12:59 p.m.)

462
1 this account as discretionary offsetting collections, to re-
2 main available until expended, for the sole purpose of
3 funding the annual expenses of the Southwestern Power
4 Administration: Provided further, That the sum herein ap-
5 propriated for annual expenses shall be reduced as collec-
6 tions are received during the fiscal year so as to result
7 in a final fiscal year 2021 appropriation estimated at not
8 more than $10,400,000: Provided further, That notwith-
9 standing 31 U.S.C. 3302, up to $34,000,000 collected by
10 the Southwestern Power Administration pursuant to the
11 Flood Control Act of 1944 to recover purchase power and
12 wheeling expenses shall be credited to this account as off-
13 setting collections, to remain available until expended for
14 the sole purpose of making purchase power and wheeling
15 expenditures: Provided further, That for purposes of this
16 appropriation, annual expenses means expenditures that
17 are generally recovered in the same year that they are in-
18 curred (excluding purchase power and wheeling expenses).
19 CONSTRUCTION, REHABILITATION, OPERATION AND
20 MAINTENANCE, WESTERN AREA POWER ADMINIS-

21 TRATION
22 For carrying out the functions authorized by title III,

23 section 302(a)(1)(E) of the Act of August 4, 1977 (42
24 U.S.C. 7152), and other related activities including con-
25 servation and renewable resources programs as author-
December 21, 2020 (12:59 p.m.)

463
1 ized, $259,126,000, including official reception and rep-
2 resentation expenses in an amount not to exceed $1,500,
3 to remain available until expended, of which $259,126,000
4 shall be derived from the Department of the Interior Rec-
5 lamation Fund: Provided, That notwithstanding 31 U.S.C.
6 3302, section 5 of the Flood Control Act of 1944 (16
7 U.S.C. 825s), and section 1 of the Interior Department
8 Appropriation Act, 1939 (43 U.S.C. 392a), up to
9 $169,754,000 collected by the Western Area Power Ad-
10 ministration from the sale of power and related services
11 shall be credited to this account as discretionary offsetting
12 collections, to remain available until expended, for the sole
13 purpose of funding the annual expenses of the Western
14 Area Power Administration: Provided further, That the
15 sum herein appropriated for annual expenses shall be re-
16 duced as collections are received during the fiscal year so
17 as to result in a final fiscal year 2021 appropriation esti-
18 mated at not more than $89,372,000, of which
19 $89,372,000 is derived from the Reclamation Fund: Pro-
20 vided further, That notwithstanding 31 U.S.C. 3302, up
21 to $192,000,000 collected by the Western Area Power Ad-
22 ministration pursuant to the Flood Control Act of 1944
23 and the Reclamation Project Act of 1939 to recover pur-
24 chase power and wheeling expenses shall be credited to
25 this account as offsetting collections, to remain available
December 21, 2020 (12:59 p.m.)

464
1 until expended for the sole purpose of making purchase
2 power and wheeling expenditures: Provided further, That
3 for purposes of this appropriation, annual expenses means
4 expenditures that are generally recovered in the same year
5 that they are incurred (excluding purchase power and
6 wheeling expenses).
7 FALCON AND AMISTAD OPERATING AND MAINTENANCE
8 FUND
9 For operation, maintenance, and emergency costs for
10 the hydroelectric facilities at the Falcon and Amistad
11 Dams, $5,776,000, to remain available until expended,
12 and to be derived from the Falcon and Amistad Operating
13 and Maintenance Fund of the Western Area Power Ad-
14 ministration, as provided in section 2 of the Act of June
15 18, 1954 (68 Stat. 255): Provided, That notwithstanding
16 the provisions of that Act and of 31 U.S.C. 3302, up to
17 $5,548,000 collected by the Western Area Power Adminis-
18 tration from the sale of power and related services from
19 the Falcon and Amistad Dams shall be credited to this
20 account as discretionary offsetting collections, to remain
21 available until expended for the sole purpose of funding
22 the annual expenses of the hydroelectric facilities of these
23 Dams and associated Western Area Power Administration
24 activities: Provided further, That the sum herein appro-
25 priated for annual expenses shall be reduced as collections
December 21, 2020 (12:59 p.m.)

465
1 are received during the fiscal year so as to result in a final
2 fiscal year 2021 appropriation estimated at not more than
3 $228,000: Provided further, That for purposes of this ap-
4 propriation, annual expenses means expenditures that are
5 generally recovered in the same year that they are in-
6 curred: Provided further, That for fiscal year 2021, the
7 Administrator of the Western Area Power Administration
8 may accept up to $1,526,000 in funds contributed by
9 United States power customers of the Falcon and Amistad
10 Dams for deposit into the Falcon and Amistad Operating
11 and Maintenance Fund, and such funds shall be available
12 for the purpose for which contributed in like manner as
13 if said sums had been specifically appropriated for such
14 purpose: Provided further, That any such funds shall be
15 available without further appropriation and without fiscal
16 year limitation for use by the Commissioner of the United
17 States Section of the International Boundary and Water
18 Commission for the sole purpose of operating, maintain-
19 ing, repairing, rehabilitating, replacing, or upgrading the
20 hydroelectric facilities at these Dams in accordance with
21 agreements reached between the Administrator, Commis-
22 sioner, and the power customers.
December 21, 2020 (12:59 p.m.)

466
1 FEDERAL ENERGY REGULATORY COMMISSION
3 For expenses necessary for the Federal Energy Regu-

4 latory Commission to carry out the provisions of the De-
6 seq.), including services as authorized by 5 U.S.C. 3109,
7 official reception and representation expenses not to ex-
8 ceed $3,000, and the hire of passenger motor vehicles,
10 vided, That notwithstanding any other provision of law,
11 not to exceed $404,350,000 of revenues from fees and an-
12 nual charges, and other services and collections in fiscal
13 year 2021 shall be retained and used for expenses nec-
14 essary in this account, and shall remain available until ex-
15 pended: Provided further, That the sum herein appro-
16 priated from the general fund shall be reduced as revenues
17 are received during fiscal year 2021 so as to result in a
18 final fiscal year 2021 appropriation from the general fund
19 estimated at not more than $0.
20 GENERAL PROVISIONS—DEPARTMENT OF
21 ENERGY
23 SEC. 301. (a) No appropriation, funds, or authority

24 made available by this title for the Department of Energy
25 shall be used to initiate or resume any program, project,
December 21, 2020 (12:59 p.m.)

467
1 or activity or to prepare or initiate Requests For Proposals
2 or similar arrangements (including Requests for
3 Quotations, Requests for Information, and Funding Op-
4 portunity Announcements) for a program, project, or ac-
5 tivity if the program, project, or activity has not been
6 funded by Congress.
7 (b)(1) Unless the Secretary of Energy notifies the
8 Committees on Appropriations of both Houses of Congress
9 at least 3 full business days in advance, none of the funds
10 made available in this title may be used to—
11 (A) make a grant allocation or discretionary
12 grant award totaling $1,000,000 or more;
13 (B) make a discretionary contract award or
14 Other Transaction Agreement totaling $1,000,000
15 or more, including a contract covered by the Federal
16 Acquisition Regulation;
17 (C) issue a letter of intent to make an alloca-
18 tion, award, or Agreement in excess of the limits in
19 subparagraph (A) or (B); or
20 (D) announce publicly the intention to make an
21 allocation, award, or Agreement in excess of the lim-
22 its in subparagraph (A) or (B).
23 (2) The Secretary of Energy shall submit to the Com-
24 mittees on Appropriations of both Houses of Congress
25 within 15 days of the conclusion of each quarter a report
December 21, 2020 (12:59 p.m.)

468
1 detailing each grant allocation or discretionary grant
2 award totaling less than $1,000,000 provided during the
3 previous quarter.
4 (3) The notification required by paragraph (1) and
5 the report required by paragraph (2) shall include the re-
6 cipient of the award, the amount of the award, the fiscal
7 year for which the funds for the award were appropriated,
8 the account and program, project, or activity from which
9 the funds are being drawn, the title of the award, and
10 a brief description of the activity for which the award is
11 made.
12 (c) The Department of Energy may not, with respect
13 to any program, project, or activity that uses budget au-
14 thority made available in this title under the heading ‘‘De-
15 partment of Energy—Energy Programs’’, enter into a
16 multiyear contract, award a multiyear grant, or enter into
17 a multiyear cooperative agreement unless—
18 (1) the contract, grant, or cooperative agree-
19 ment is funded for the full period of performance as
20 anticipated at the time of award; or
21 (2) the contract, grant, or cooperative agree-
22 ment includes a clause conditioning the Federal Gov-
23 ernment’s obligation on the availability of future
24 year budget authority and the Secretary notifies the
December 21, 2020 (12:59 p.m.)

469
2 Congress at least 3 days in advance.
3 (d) Except as provided in subsections (e), (f), and (g),
4 the amounts made available by this title shall be expended
5 as authorized by law for the programs, projects, and ac-
6 tivities specified in the ‘‘Final Bill’’ column in the ‘‘De-
7 partment of Energy’’ table included under the heading
8 ‘‘Title III—Department of Energy’’ in the explanatory
9 statement described in section 4 (in the matter preceding
10 division A of this consolidated Act).
11 (e) The amounts made available by this title may be
12 reprogrammed for any program, project, or activity, and
13 the Department shall notify, and obtain the prior approval
14 of, the Committees on Appropriations of both Houses of
15 Congress at least 30 days prior to the use of any proposed
16 reprogramming that would cause any program, project, or
17 activity funding level to increase or decrease by more than
18 $5,000,000 or 10 percent, whichever is less, during the
19 time period covered by this Act.
20 (f) None of the funds provided in this title shall be
22 programming of funds that—
23 (1) creates, initiates, or eliminates a program,
24 project, or activity;
December 21, 2020 (12:59 p.m.)

470
2 gram, project, or activity for which funds are denied
3 or restricted by this Act; or
4 (3) reduces funds that are directed to be used
5 for a specific program, project, or activity by this
6 Act.
7 (g)(1) The Secretary of Energy may waive any re-
8 quirement or restriction in this section that applies to the
9 use of funds made available for the Department of Energy
10 if compliance with such requirement or restriction would
11 pose a substantial risk to human health, the environment,
12 welfare, or national security.
13 (2) The Secretary of Energy shall notify the Commit-
14 tees on Appropriations of both Houses of Congress of any
15 waiver under paragraph (1) as soon as practicable, but
16 not later than 3 days after the date of the activity to which
17 a requirement or restriction would otherwise have applied.
18 Such notice shall include an explanation of the substantial
19 risk under paragraph (1) that permitted such waiver.
20 (h) The unexpended balances of prior appropriations
21 provided for activities in this Act may be available to the
22 same appropriation accounts for such activities established
23 pursuant to this title. Available balances may be merged
24 with funds in the applicable established accounts and
December 21, 2020 (12:59 p.m.)

471
1 thereafter may be accounted for as one fund for the same
2 time period as originally enacted.
3 SEC. 302. Funds appropriated by this or any other
4 Act, or made available by the transfer of funds in this
5 Act, for intelligence activities are deemed to be specifically
6 authorized by the Congress for purposes of section 504
7 of the National Security Act of 1947 (50 U.S.C. 3094)
8 during fiscal year 2021 until the enactment of the Intel-
9 ligence Authorization Act for fiscal year 2021.
11 title shall be used for the construction of facilities classi-
12 fied as high-hazard nuclear facilities under 10 CFR Part
13 830 unless independent oversight is conducted by the Of-
14 fice of Enterprise Assessments to ensure the project is in
15 compliance with nuclear safety requirements.
17 title may be used to approve critical decision-2 or critical
18 decision-3 under Department of Energy Order 413.3B, or
19 any successive departmental guidance, for construction
20 projects where the total project cost exceeds
21 $100,000,000, until a separate independent cost estimate
22 has been developed for the project for that critical deci-
23 sion.
24 SEC. 305. Notwithstanding section 161 of the Energy
25 Policy and Conservation Act (42 U.S.C. 6241), upon a
December 21, 2020 (12:59 p.m.)

472
1 determination by the President in this fiscal year that a
2 regional supply shortage of refined petroleum product of
3 significant scope and duration exists, that a severe in-
4 crease in the price of refined petroleum product will likely
5 result from such shortage, and that a draw down and sale
6 of refined petroleum product would assist directly and sig-
7 nificantly in reducing the adverse impact of such shortage,
8 the Secretary of Energy may draw down and sell refined
9 petroleum product from the Strategic Petroleum Reserve.
10 Proceeds from a sale under this section shall be deposited
11 into the SPR Petroleum Account established in section
12 167 of the Energy Policy and Conservation Act (42 U.S.C.
13 6247), and such amounts shall be available for obligation,
14 without fiscal year limitation, consistent with that section.
15 SEC. 306. (a) Of the offsetting collections, including
16 unobligated balances of such collections, in the ‘‘Depart-
17 ment of Energy—Power Marketing Administration—Col-
18 orado River Basins Power Marketing Fund, Western Area
19 Power Administration’’, $21,400,000 shall be transferred
20 to the ‘‘Department of the Interior—Bureau of Reclama-
21 tion—Upper Colorado River Basin Fund’’ for the Bureau
22 of Reclamation to carry out environmental stewardship
23 and endangered species recovery efforts.
24 (b) No funds shall be transferred directly from ‘‘De-
25 partment of Energy—Power Marketing Administration—
December 21, 2020 (12:59 p.m.)

473
1 Colorado River Basins Power Marketing Fund, Western
2 Area Power Administration’’ to the general fund of the
3 Treasury in the current fiscal year.
December 21, 2020 (12:59 p.m.)

474
1 TITLE IV
2 INDEPENDENT AGENCIES
3 APPALACHIAN REGIONAL COMMISSION
4 For expenses necessary to carry out the programs au-
5 thorized by the Appalachian Regional Development Act of
6 1965, and for expenses necessary for the Federal Co-
7 Chairman and the Alternate on the Appalachian Regional
8 Commission, for payment of the Federal share of the ad-
9 ministrative expenses of the Commission, including serv-
10 ices as authorized by 5 U.S.C. 3109, and hire of passenger
11 motor vehicles, $180,000,000, to remain available until ex-
12 pended.
13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD
15 For expenses necessary for the Defense Nuclear Fa-

16 cilities Safety Board in carrying out activities authorized
17 by the Atomic Energy Act of 1954, as amended by Public
18 Law 100–456, section 1441, $31,000,000, to remain
20 DELTA REGIONAL AUTHORITY
22 For expenses necessary for the Delta Regional Au-

23 thority and to carry out its activities, as authorized by
24 the Delta Regional Authority Act of 2000, notwith-
December 21, 2020 (12:59 p.m.)

475
1 standing sections 382F(d), 382M, and 382N of said Act,
3 DENALI COMMISSION
4 For expenses necessary for the Denali Commission
5 including the purchase, construction, and acquisition of
6 plant and capital equipment as necessary and other ex-
7 penses, $15,000,000, to remain available until expended,
8 notwithstanding the limitations contained in section
9 306(g) of the Denali Commission Act of 1998: Provided,
10 That funds shall be available for construction projects in
11 an amount not to exceed 80 percent of total project cost
12 for distressed communities, as defined by section 307 of
13 the Denali Commission Act of 1998 (division C, title III,
14 Public Law 105–277), as amended by section 701 of ap-
15 pendix D, title VII, Public Law 106–113 (113 Stat.
16 1501A–280), and an amount not to exceed 50 percent for
17 non-distressed communities: Provided further, That not-
18 withstanding any other provision of law regarding pay-
19 ment of a non-Federal share in connection with a grant-
20 in-aid program, amounts under this heading shall be avail-
21 able for the payment of such a non-Federal share for pro-
22 grams undertaken to carry out the purposes of the Com-
23 mission.
December 21, 2020 (12:59 p.m.)

476
1 NORTHERN BORDER REGIONAL COMMISSION
2 For expenses necessary for the Northern Border Re-
3 gional Commission in carrying out activities authorized by
4 subtitle V of title 40, United States Code, $30,000,000,
5 to remain available until expended: Provided, That such
6 amounts shall be available for administrative expenses,
7 notwithstanding section 15751(b) of title 40, United
8 States Code.
9 SOUTHEAST CRESCENT REGIONAL COMMISSION
10 For expenses necessary for the Southeast Crescent
11 Regional Commission in carrying out activities authorized
12 by subtitle V of title 40, United States Code, $1,000,000,
13 to remain available until expended.
14 SOUTHWEST BORDER REGIONAL COMMISSION
15 For expenses necessary for the Southwest Border Re-
16 gional Commission in carrying out activities authorized by
17 subtitle V of title 40, United States Code, $250,000, to
19 NUCLEAR REGULATORY COMMISSION
21 For expenses necessary for the Commission in car-

22 rying out the purposes of the Energy Reorganization Act
23 of 1974 and the Atomic Energy Act of 1954,
24 $830,900,000, including official representation expenses
25 not to exceed $25,000, to remain available until expended:
December 21, 2020 (12:59 p.m.)

477
1 Provided, That of the amount appropriated herein, not
2 more than $9,500,000 may be made available for salaries,
3 travel, and other support costs for the Office of the Com-
4 mission, to remain available until September 30, 2022:
5 Provided further, That revenues from licensing fees, in-
6 spection services, and other services and collections esti-
7 mated at $710,293,000 in fiscal year 2021 shall be re-
8 tained and used for necessary salaries and expenses in this
9 account, notwithstanding 31 U.S.C. 3302, and shall re-
10 main available until expended: Provided further, That the
11 sum herein appropriated shall be reduced by the amount
12 of revenues received during fiscal year 2021 so as to result
13 in a final fiscal year 2021 appropriation estimated at not
14 more than $120,607,000.
16 For expenses necessary for the Office of Inspector

19 until September 30, 2022: Provided, That revenues from
20 licensing fees, inspection services, and other services and
21 collections estimated at $11,106,000 in fiscal year 2021
22 shall be retained and be available until September 30,
23 2022, for necessary salaries and expenses in this account,
24 notwithstanding section 3302 of title 31, United States
25 Code: Provided further, That the sum herein appropriated
December 21, 2020 (12:59 p.m.)

478
1 shall be reduced by the amount of revenues received dur-
2 ing fiscal year 2021 so as to result in a final fiscal year
3 2021 appropriation estimated at not more than
4 $2,393,000: Provided further, That of the amounts appro-
5 priated under this heading, $1,206,000 shall be for In-
6 spector General services for the Defense Nuclear Facilities
7 Safety Board.
8 NUCLEAR WASTE TECHNICAL REVIEW BOARD
10 For expenses necessary for the Nuclear Waste Tech-

11 nical Review Board, as authorized by Public Law 100–
12 203, section 5051, $3,600,000, to be derived from the Nu-
13 clear Waste Fund, to remain available until September 30,
14 2022.
15 GENERAL PROVISIONS—INDEPENDENT
16 AGENCIES
17 SEC. 401. The Nuclear Regulatory Commission shall
18 comply with the July 5, 2011, version of Chapter VI of
19 its Internal Commission Procedures when responding to
20 Congressional requests for information, consistent with
21 Department of Justice guidance for all Federal agencies.
22 SEC. 402. (a) The amounts made available by this
23 title for the Nuclear Regulatory Commission may be re-
24 programmed for any program, project, or activity, and the
25 Commission shall notify the Committees on Appropria-
December 21, 2020 (12:59 p.m.)

479
1 tions of both Houses of Congress at least 30 days prior
2 to the use of any proposed reprogramming that would
3 cause any program funding level to increase or decrease
4 by more than $500,000 or 10 percent, whichever is less,
5 during the time period covered by this Act.
6 (b)(1) The Nuclear Regulatory Commission may
7 waive the notification requirement in subsection (a) if
8 compliance with such requirement would pose a substan-
9 tial risk to human health, the environment, welfare, or na-
10 tional security.
11 (2) The Nuclear Regulatory Commission shall notify
13 gress of any waiver under paragraph (1) as soon as prac-
14 ticable, but not later than 3 days after the date of the
15 activity to which a requirement or restriction would other-
16 wise have applied. Such notice shall include an explanation
17 of the substantial risk under paragraph (1) that permitted
18 such waiver and shall provide a detailed report to the
19 Committees of such waiver and changes to funding levels
20 to programs, projects, or activities.
21 (c) Except as provided in subsections (a), (b), and
22 (d), the amounts made available by this title for ‘‘Nuclear
23 Regulatory Commission—Salaries and Expenses’’ shall be
24 expended as directed in the explanatory statement de-
December 21, 2020 (12:59 p.m.)

480
1 scribed in section 4 (in the matter preceding division A
2 of this consolidated Act).
3 (d) None of the funds provided for the Nuclear Regu-
4 latory Commission shall be available for obligation or ex-
5 penditure through a reprogramming of funds that in-
6 creases funds or personnel for any program, project, or
7 activity for which funds are denied or restricted by this
8 Act.
9 (e) The Commission shall provide a monthly report
10 to the Committees on Appropriations of both Houses of
11 Congress, which includes the following for each program,
12 project, or activity, including any prior year appropria-
13 tions—
14 (1) total budget authority;
15 (2) total unobligated balances; and
16 (3) total unliquidated obligations.
December 21, 2020 (12:59 p.m.)

481
1 TITLE V

5 may be used in any way, directly or indirectly, to influence
6 congressional action on any legislation or appropriation
7 matters pending before Congress, other than to commu-
8 nicate to Members of Congress as described in 18 U.S.C.
9 1913.
11 title III of this Act may be transferred to any department,
12 agency, or instrumentality of the United States Govern-
13 ment, except pursuant to a transfer made by or transfer
14 authority provided in this Act or any other appropriations
15 Act for any fiscal year, transfer authority referenced in
18 any authority whereby a department, agency, or instru-
19 mentality of the United States Government may provide
20 goods or services to another department, agency, or in-
21 strumentality.
22 (b) None of the funds made available for any depart-
23 ment, agency, or instrumentality of the United States
24 Government may be transferred to accounts funded in title
25 III of this Act, except pursuant to a transfer made by or
December 21, 2020 (12:59 p.m.)

482
1 transfer authority provided in this Act or any other appro-
2 priations Act for any fiscal year, transfer authority ref-
3 erenced in the explanatory statement described in section
4 4 (in the matter preceding division A of this consolidated
5 Act), or any authority whereby a department, agency, or
6 instrumentality of the United States Government may
7 provide goods or services to another department, agency,
8 or instrumentality.
9 (c) The head of any relevant department or agency
10 funded in this Act utilizing any transfer authority shall
12 Houses of Congress a semiannual report detailing the
13 transfer authorities, except for any authority whereby a
14 department, agency, or instrumentality of the United
15 States Government may provide goods or services to an-
16 other department, agency, or instrumentality, used in the
17 previous 6 months and in the year-to-date. This report
18 shall include the amounts transferred and the purposes
19 for which they were transferred, and shall not replace or
20 modify existing notification requirements for each author-
21 ity.
23 Act may be used in contravention of Executive Order No.
24 12898 of February 11, 1994 (Federal Actions to Address
December 21, 2020 (12:59 p.m.)

483
1 Environmental Justice in Minority Populations and Low-
2 Income Populations).
8 funds necessary for any Federal, State, Tribal, or local
9 law enforcement agency or any other entity carrying out
10 criminal investigations, prosecution, or adjudication activi-
11 ties.
12 SEC. 505. (a) Requirements relating to non-Federal
13 cost-share grants and cooperative agreements for the
14 Delta Regional Authority under section 382D of the Agri-
15 cultural Act of 1961 and Consolidated Farm and Rural
16 Development Act (7 U.S.C. 2009aa–3) are waived for
17 grants awarded in fiscal year 2020 and in subsequent
18 years in response to economic distress directly related to
19 the impacts of the Coronavirus Disease (COVID–19).
20 (b) Requirements relating to non-Federal cost-share
21 grants and cooperative agreements for the Northern Bor-
22 der Regional Commission under section 15501(d) of title
23 40, United States Code, are waived for grants awarded
24 in fiscal year 2020 and in subsequent years in response
December 21, 2020 (12:59 p.m.)

484
1 to economic distress directly related to the impacts of the
2 Coronavirus Disease (COVID–19).
3 (c) Requirements relating to non-Federal cost-share
4 grants and cooperative agreements for the Denali Com-
5 mission are waived for grants awarded in fiscal year 2020
6 and in subsequent years in response to economic distress
7 directly related to the impacts of the Coronavirus Disease
8 (COVID–19).
9 SEC. 506. Of the unavailable collections currently in
10 the United States Enrichment Corporation Fund,
12 Uranium Enrichment Decontamination and Decommis-
13 sioning Fund and shall be available only to the extent pro-
14 vided in advance in appropriations Acts.
15 This division may be cited as the ‘‘Energy and Water
16 Development and Related Agencies Appropriations Act,
17 2021’’.
December 21, 2020 (12:59 p.m.)

485
1 DIVISION E—FINANCIAL SERVICES AND
2 GENERAL GOVERNMENT APPROPRIA-
3 TIONS ACT, 2021
4 TITLE I
5 DEPARTMENT OF THE TREASURY
6 DEPARTMENTAL OFFICES
8 For necessary expenses of the Departmental Offices

9 including operation and maintenance of the Treasury
10 Building and Freedman’s Bank Building; hire of pas-
11 senger motor vehicles; maintenance, repairs, and improve-
12 ments of, and purchase of commercial insurance policies
13 for, real properties leased or owned overseas, when nec-
14 essary for the performance of official business; executive
15 direction program activities; international affairs and eco-
16 nomic policy activities; domestic finance and tax policy ac-
17 tivities, including technical assistance to State, local, and
18 territorial entities; and Treasury-wide management poli-
19 cies and programs activities, $233,000,000: Provided,
20 That of the amount appropriated under this heading—
21 (1) not to exceed $350,000 is for official recep-
22 tion and representation expenses;
23 (2) not to exceed $258,000 is for unforeseen
24 emergencies of a confidential nature to be allocated
25 and expended under the direction of the Secretary of
December 21, 2020 (12:59 p.m.)

486
1 the Treasury and to be accounted for solely on the
2 Secretary’s certificate; and
3 (3) not to exceed $24,000,000 shall remain
4 available until September 30, 2022, for—
5 (A) the Treasury-wide Financial Statement
6 Audit and Internal Control Program;
7 (B) information technology modernization
8 requirements;
9 (C) the audit, oversight, and administra-
10 tion of the Gulf Coast Restoration Trust Fund;
11 (D) the development and implementation
12 of programs within the Office of Cybersecurity
13 and Critical Infrastructure Protection, including
14 entering into cooperative agreements;
15 (E) operations and maintenance of facili-
16 ties; and
17 (F) international operations.
18 COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED
19 STATES FUND
21 For necessary expenses of the Committee on Foreign

22 Investment in the United States, $20,000,000, to remain
23 available until expended: Provided, That the chairperson
24 of the Committee may transfer such amounts to any de-
25 partment or agency represented on the Committee (includ-
December 21, 2020 (12:59 p.m.)

487
1 ing the Department of the Treasury) subject to advance
2 notification to the Committees on Appropriations of the
3 House of Representatives and the Senate: Provided fur-
4 ther, That amounts so transferred shall remain available
5 until expended for expenses of implementing section 721
6 of the Defense Production Act of 1950, as amended (50
7 U.S.C. 4565), and shall be available in addition to any
8 other funds available to any department or agency: Pro-
9 vided further, That fees authorized by section 721(p) of
10 such Act shall be credited to this appropriation as offset-
11 ting collections: Provided further, That the total amount
12 appropriated under this heading from the general fund
13 shall be reduced as such offsetting collections are received
14 during fiscal year 2021, so as to result in a total appro-
15 priation from the general fund estimated at not more than
16 $15,000,000.
17 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
19 For the necessary expenses of the Office of Terrorism

20 and Financial Intelligence to safeguard the financial sys-
21 tem against illicit use and to combat rogue nations, ter-
22 rorist facilitators, weapons of mass destruction
23 proliferators, human rights abusers, money launderers,
24 drug kingpins, and other national security threats,
25 $175,000,000, of which not less than $3,000,000 shall be
December 21, 2020 (12:59 p.m.)

488
1 available for addressing human rights violations and cor-
2 ruption, including activities authorized by the Global
3 Magnitsky Human Rights Accountability Act (22 U.S.C.
4 2656 note): Provided, That of the amounts appropriated
5 under this heading, up to $10,000,000 shall remain avail-
7 CYBERSECURITY ENHANCEMENT ACCOUNT
8 For salaries and expenses for enhanced cybersecurity

9 for systems operated by the Department of the Treasury,
11 2023: Provided, That such funds shall supplement and not
12 supplant any other amounts made available to the Treas-
13 ury offices and bureaus for cybersecurity: Provided fur-
14 ther, That of the total amount made available under this
15 heading $1,000,000 shall be available for administrative
16 expenses for the Treasury Chief Information Officer to
17 provide oversight of the investments made under this
18 heading: Provided further, That such funds shall supple-
19 ment and not supplant any other amounts made available
20 to the Treasury Chief Information Officer.
21 DEPARTMENT-WIDE SYSTEMS AND CAPITAL
22 INVESTMENTS PROGRAMS
24 For development and acquisition of automatic data

25 processing equipment, software, and services and for re-
December 21, 2020 (12:59 p.m.)

489
1 pairs and renovations to buildings owned by the Depart-
2 ment of the Treasury, $6,118,000, to remain available
3 until September 30, 2023: Provided, That these funds
4 shall be transferred to accounts and in amounts as nec-
5 essary to satisfy the requirements of the Department’s of-
6 fices, bureaus, and other organizations: Provided further,
7 That this transfer authority shall be in addition to any
8 other transfer authority provided in this Act: Provided fur-
9 ther, That none of the funds appropriated under this head-
10 ing shall be used to support or supplement ‘‘Internal Rev-
11 enue Service, Operations Support’’ or ‘‘Internal Revenue
12 Service, Business Systems Modernization’’.

17 General Act of 1978, $41,044,000, including hire of pas-
18 senger motor vehicles; of which not to exceed $100,000
19 shall be available for unforeseen emergencies of a con-
20 fidential nature, to be allocated and expended under the
21 direction of the Inspector General of the Treasury; of
22 which up to $2,800,000 to remain available until Sep-
23 tember 30, 2022, shall be for audits and investigations
24 conducted pursuant to section 1608 of the Resources and
25 Ecosystems Sustainability, Tourist Opportunities, and Re-
December 21, 2020 (12:59 p.m.)

490
1 vived Economies of the Gulf Coast States Act of 2012 (33
2 U.S.C. 1321 note); and of which not to exceed $1,000
4 expenses.
5 TREASURY INSPECTOR GENERAL FOR TAX
6 ADMINISTRATION
8 For necessary expenses of the Treasury Inspector

9 General for Tax Administration in carrying out the In-
10 spector General Act of 1978, as amended, including pur-
11 chase and hire of passenger motor vehicles (31 U.S.C.
12 1343(b)); and services authorized by 5 U.S.C. 3109, at
13 such rates as may be determined by the Inspector General
14 for Tax Administration; $170,250,000, of which
15 $5,000,000 shall remain available until September 30,
16 2022; of which not to exceed $6,000,000 shall be available
17 for official travel expenses; of which not to exceed
18 $500,000 shall be available for unforeseen emergencies of
19 a confidential nature, to be allocated and expended under
20 the direction of the Inspector General for Tax Administra-
21 tion; and of which not to exceed $1,500 shall be available
22 for official reception and representation expenses.
December 21, 2020 (12:59 p.m.)

491
1 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED
2 ASSET RELIEF PROGRAM
4 For necessary expenses of the Office of the Special

5 Inspector General in carrying out the provisions of the
6 Emergency Economic Stabilization Act of 2008 (Public
7 Law 110–343), $19,000,000.
8 FINANCIAL CRIMES ENFORCEMENT NETWORK
10 For necessary expenses of the Financial Crimes En-

11 forcement Network, including hire of passenger motor ve-
12 hicles; travel and training expenses of non-Federal and
13 foreign government personnel to attend meetings and
14 training concerned with domestic and foreign financial in-
15 telligence activities, law enforcement, and financial regula-
16 tion; services authorized by 5 U.S.C. 3109; not to exceed
17 $12,000 for official reception and representation expenses;
18 and for assistance to Federal law enforcement agencies,
19 with or without reimbursement, $126,963,000, of which
20 not to exceed $34,335,000 shall remain available until
22 BUREAU OF THE FISCAL SERVICE
24 For necessary expenses of operations of the Bureau

25 of the Fiscal Service, $345,569,000; of which not to ex-
December 21, 2020 (12:59 p.m.)

492
1 ceed $8,000,000, to remain available until September 30,
2 2023, is for information systems modernization initiatives;
3 and of which $5,000 shall be available for official reception
5 In addition, $165,000, to be derived from the Oil
6 Spill Liability Trust Fund to reimburse administrative
7 and personnel expenses for financial management of the
8 Fund, as authorized by section 1012 of Public Law 101–
9 380.
10 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
12 For necessary expenses of carrying out section 1111

13 of the Homeland Security Act of 2002, including hire of
14 passenger motor vehicles, $124,337,000; of which not to
15 exceed $6,000 shall be available for official reception and
16 representation expenses; and of which not to exceed
17 $50,000 shall be available for cooperative research and de-
18 velopment programs for laboratory services; and provision
19 of laboratory assistance to State and local agencies with
20 or without reimbursement: Provided, That of the amount
21 appropriated under this heading, $5,000,000 shall be for
22 the costs of accelerating the processing of formula and
23 label applications: Provided further, That of the amount
24 appropriated under this heading, $5,000,000, to remain
25 available until September 30, 2022, shall be for the costs
December 21, 2020 (12:59 p.m.)

493
1 associated with enforcement of and education regarding
2 the trade practice provisions of the Federal Alcohol Ad-
3 ministration Act (27 U.S.C. 201 et seq.).
4 UNITED STATES MINT
5 UNITED STATES MINT PUBLIC ENTERPRISE FUND
6 Pursuant to section 5136 of title 31, United States

7 Code, the United States Mint is provided funding through
8 the United States Mint Public Enterprise Fund for costs
9 associated with the production of circulating coins, numis-
10 matic coins, and protective services, including both oper-
11 ating expenses and capital investments: Provided, That
12 the aggregate amount of new liabilities and obligations in-
13 curred during fiscal year 2021 under such section 5136
14 for circulating coinage and protective service capital in-
15 vestments of the United States Mint shall not exceed
16 $50,000,000.
17 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
18 FUND PROGRAM ACCOUNT
19 To carry out the Riegle Community Development and
20 Regulatory Improvement Act of 1994 (subtitle A of title
21 I of Public Law 103–325), including services authorized
22 by section 3109 of title 5, United States Code, but at rates
23 for individuals not to exceed the per diem rate equivalent
24 to the rate for EX–III, $270,000,000. Of the amount ap-
25 propriated under this heading—
December 21, 2020 (12:59 p.m.)

494
1 (1) not less than $167,000,000, notwith-
2 standing section 108(e) of Public Law 103–325 (12
3 U.S.C. 4707(e)) with regard to Small and/or Emerg-
4 ing Community Development Financial Institutions
5 Assistance awards, is available until September 30,
6 2022, for financial assistance and technical assist-
7 ance under subparagraphs (A) and (B) of section
8 108(a)(1), respectively, of Public Law 103–325 (12
9 U.S.C. 4707(a)(1)(A) and (B)), of which up to
10 $1,600,000 may be available for training and out-
11 reach under section 109 of Public Law 103–325 (12
12 U.S.C. 4708), of which up to $2,374,500 may be
13 used for the cost of direct loans, of which up to
14 $6,000,000, notwithstanding subsection (d) of sec-
15 tion 108 of Public Law 103–325 (12 U.S.C. 4707
16 (d)), may be available to provide financial assistance,
17 technical assistance, training, and outreach to com-
18 munity development financial institutions to expand
19 investments that benefit individuals with disabilities,
20 and of which not less than $2,000,000 shall be for
21 the Economic Mobility Corps to be operated in con-
22 junction with the Corporation for National and
23 Community Service, pursuant to 42 U.S.C. 12571:
24 Provided, That the cost of direct and guaranteed
25 loans, including the cost of modifying such loans,
December 21, 2020 (12:59 p.m.)

495
1 shall be as defined in section 502 of the Congres-
2 sional Budget Act of 1974: Provided further, That
3 these funds are available to subsidize gross obliga-
4 tions for the principal amount of direct loans not to
5 exceed $25,000,000: Provided further, That of the
6 funds provided under this paragraph, excluding
7 those made to community development financial in-
8 stitutions to expand investments that benefit individ-
9 uals with disabilities and those made to community
10 development financial institutions that serve popu-
11 lations living in persistent poverty counties, the
12 CDFI Fund shall prioritize Financial Assistance
13 awards to organizations that invest and lend in high-
14 poverty areas: Provided further, That for purposes of
15 this section, the term ‘‘high-poverty area’’ means
16 any census tract with a poverty rate of at least 20
17 percent as measured by the 2011–2015 5-year data
18 series available from the American Community Sur-
19 vey of the Bureau of the Census for all States and
20 Puerto Rico or with a poverty rate of at least 20
21 percent as measured by the 2010 Island areas De-
22 cennial Census data for any territory or possession
23 of the United States;
24 (2) Not less than $16,500,000, notwithstanding
25 section 108(e) of Public Law 103–325 (12 U.S.C.
December 21, 2020 (12:59 p.m.)

496
1 4707(e)), is available until September 30, 2022, for
2 financial assistance, technical assistance, training,
3 and outreach programs designed to benefit Native
4 American, Native Hawaiian, and Alaska Native com-
5 munities and provided primarily through qualified
6 community development lender organizations with
7 experience and expertise in community development
8 banking and lending in Indian country, Native
9 American organizations, Tribes and Tribal organiza-
10 tions, and other suitable providers;
11 (3) not less than $26,000,000 is available until
12 September 30, 2022, for the Bank Enterprise Award
13 program;
14 (4) not less than $23,000,000, notwithstanding
15 subsections (d) and (e) of section 108 of Public Law
16 103–325 (12 U.S.C. 4707(d) and (e)), is available
17 until September 30, 2022, for a Healthy Food Fi-
18 nancing Initiative to provide financial assistance,
19 technical assistance, training, and outreach to com-
20 munity development financial institutions for the
21 purpose of offering affordable financing and tech-
22 nical assistance to expand the availability of healthy
23 food options in distressed communities;
24 (5) not less than $8,500,000 is available until
25 September 30, 2022, to provide grants for loan loss
December 21, 2020 (12:59 p.m.)

497
1 reserve funds and to provide technical assistance for
2 small dollar loan programs under section 122 of
3 Public Law 103–325 (12 U.S.C. 4719): Provided,
4 That sections 108(d) and 122(b)(2) of such Public
5 Law shall not apply to the provision of such grants
6 and technical assistance;
7 (6) up to $29,000,000 is available until Sep-
8 tember 30, 2021, for administrative expenses, in-
9 cluding administration of CDFI Fund programs and
10 the New Markets Tax Credit Program, of which not
11 less than $1,000,000 is for development of tools to
12 better assess and inform CDFI investment perform-
13 ance, and up to $300,000 is for administrative ex-
14 penses to carry out the direct loan program; and
15 (7) during fiscal year 2021, none of the funds
16 available under this heading are available for the
17 cost, as defined in section 502 of the Congressional
18 Budget Act of 1974, of commitments to guarantee
19 bonds and notes under section 114A of the Riegle
20 Community Development and Regulatory Improve-
21 ment Act of 1994 (12 U.S.C. 4713a): Provided,
22 That commitments to guarantee bonds and notes
23 under such section 114A shall not exceed
24 $500,000,000: Provided further, That such section
25 114A shall remain in effect until December 31,
December 21, 2020 (12:59 p.m.)

498
1 2021: Provided further, That of the funds awarded
2 under this heading, except those provided for the
3 Economic Mobility Corps, not less than 10 percent
4 shall be used for awards that support investments
5 that serve populations living in persistent poverty
6 counties: Provided further, That for the purposes of
7 this paragraph and paragraph (1), the term ‘‘per-
8 sistent poverty counties’’ means any county, includ-
9 ing county equivalent areas in Puerto Rico, that has
10 had 20 percent or more of its population living in
11 poverty over the past 30 years, as measured by the
12 1990 and 2000 decennial censuses and the 2011–
13 2015 5-year data series available from the American
14 Community Survey of the Bureau of the Census or
15 any other territory or possession of the United
16 States that has had 20 percent or more of its popu-
17 lation living in poverty over the past 30 years, as
18 measured by the 1990, 2000 and 2010 Island Areas
19 Decennial Censuses, or equivalent data, of the Bu-
20 reau of the Census.
21 INTERNAL REVENUE SERVICE
22 TAXPAYER SERVICES
23 For necessary expenses of the Internal Revenue Serv-

24 ice to provide taxpayer services, including pre-filing assist-
25 ance and education, filing and account services, taxpayer
December 21, 2020 (12:59 p.m.)

499
1 advocacy services, and other services as authorized by 5
2 U.S.C. 3109, at such rates as may be determined by the
3 Commissioner, $2,555,606,000, of which not less than
4 $11,000,000 shall be for the Tax Counseling for the El-
5 derly Program, of which not less than $13,000,000 shall
6 be available for low-income taxpayer clinic grants, of which
7 not less than $30,000,000, to remain available until Sep-
8 tember 30, 2022, shall be available for the Community
9 Volunteer Income Tax Assistance Matching Grants Pro-
10 gram for tax return preparation assistance, and of which
11 not less than $211,000,000 shall be available for operating
12 expenses of the Taxpayer Advocate Service: Provided,
13 That of the amounts made available for the Taxpayer Ad-
14 vocate Service, not less than $5,500,000 shall be for iden-
15 tity theft and refund fraud casework.
16 ENFORCEMENT
17 For necessary expenses for tax enforcement activities

18 of the Internal Revenue Service to determine and collect
19 owed taxes, to provide legal and litigation support, to con-
20 duct criminal investigations, to enforce criminal statutes
21 related to violations of internal revenue laws and other fi-
22 nancial crimes, to purchase and hire passenger motor vehi-
23 cles (31 U.S.C. 1343(b)), and to provide other services
24 as authorized by 5 U.S.C. 3109, at such rates as may be
25 determined by the Commissioner, $5,212,622,000, of
December 21, 2020 (12:59 p.m.)

500
1 which not to exceed $250,000,000 shall remain available
2 until September 30, 2022; of which not less than
3 $60,257,000 shall be for the Interagency Crime and Drug
4 Enforcement program; and of which not to exceed
5 $15,000,000 shall be for investigative technology for the
6 Criminal Investigation Division: Provided, That the
7 amount made available for investigative technology for the
8 Criminal Investigation Division shall be in addition to
9 amounts made available for the Criminal Investigation Di-
10 vision under the ‘‘Operations Support’’ heading.
11 OPERATIONS SUPPORT

13 ice to support taxpayer services and enforcement pro-
14 grams, including rent payments; facilities services; print-
15 ing; postage; physical security; headquarters and other
16 IRS-wide administration activities; research and statistics
17 of income; telecommunications; information technology de-
18 velopment, enhancement, operations, maintenance, and se-
19 curity; the hire of passenger motor vehicles (31 U.S.C.
20 1343(b)); the operations of the Internal Revenue Service
21 Oversight Board; and other services as authorized by 5
22 U.S.C. 3109, at such rates as may be determined by the
23 Commissioner; $3,928,102,000, of which not to exceed
25 2022; of which not to exceed $10,000,000 shall remain
December 21, 2020 (12:59 p.m.)

501
1 available until expended for acquisition of equipment and
2 construction, repair and renovation of facilities; of which
3 not to exceed $1,000,000 shall remain available until Sep-
4 tember 30, 2023, for research; of which not less than
6 available for establishment of an application through
7 which entities registering and renewing registrations in
8 the System for Award Management may request an au-
9 thenticated electronic certification stating that the entity
10 does or does not have a seriously delinquent tax debt; and
11 of which not to exceed $20,000 shall be for official recep-
12 tion and representation expenses: Provided, That not later
13 than 30 days after the end of each quarter, the Internal
14 Revenue Service shall submit a report to the Committees
16 Senate and the Comptroller General of the United States
17 detailing major information technology investments in the
18 Internal Revenue Service Integrated Modernization Busi-
19 ness Plan portfolio, including detailed, plain language
20 summaries on the status of plans, costs, and results; prior
21 results and actual expenditures of the prior quarter; up-
22 coming deliverables and costs for the fiscal year; risks and
23 mitigation strategies associated with ongoing work; rea-
24 sons for any cost or schedule variances; and total expendi-
25 tures by fiscal year: Provided further, That the Internal
December 21, 2020 (12:59 p.m.)

502
1 Revenue Service shall include, in its budget justification
2 for fiscal year 2022, a summary of cost and schedule per-
3 formance information for its major information technology
4 systems.
5 BUSINESS SYSTEMS MODERNIZATION

7 ice’s business systems modernization program,
9 2023, for the capital asset acquisition of information tech-
10 nology systems, including management and related con-
11 tractual costs of said acquisitions, including related Inter-
12 nal Revenue Service labor costs, and contractual costs as-
13 sociated with operations authorized by 5 U.S.C. 3109:
14 Provided, That not later than 30 days after the end of
15 each quarter, the Internal Revenue Service shall submit
16 a report to the Committees on Appropriations of the
17 House of Representatives and the Senate and the Comp-
18 troller General of the United States detailing major infor-
19 mation technology investments in the Internal Revenue
20 Service Integrated Modernization Business Plan portfolio,
21 including detailed, plain language summaries on the status
22 of plans, costs, and results; prior results and actual ex-
23 penditures of the prior quarter; upcoming deliverables and
24 costs for the fiscal year; risks and mitigation strategies
December 21, 2020 (12:59 p.m.)

503
1 associated with ongoing work; reasons for any cost or
2 schedule variances; and total expenditures by fiscal year.
3 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE
4 SERVICE
6 SEC. 101. Not to exceed 4 percent of the appropria-

7 tion made available in this Act to the Internal Revenue
8 Service under the ‘‘Enforcement’’ heading, and not to ex-
9 ceed 5 percent of any other appropriation made available
10 in this Act to the Internal Revenue Service, may be trans-
11 ferred to any other Internal Revenue Service appropria-
12 tion upon the advance approval of the Committees on Ap-
14 ate.
15 SEC. 102. The Internal Revenue Service shall main-
16 tain an employee training program, which shall include the
17 following topics: taxpayers’ rights, dealing courteously
18 with taxpayers, cross-cultural relations, ethics, and the im-
19 partial application of tax law.
20 SEC. 103. The Internal Revenue Service shall insti-
21 tute and enforce policies and procedures that will safe-
22 guard the confidentiality of taxpayer information and pro-
23 tect taxpayers against identity theft.
24 SEC. 104. Funds made available by this or any other
25 Act to the Internal Revenue Service shall be available for
December 21, 2020 (12:59 p.m.)

504
1 improved facilities and increased staffing to provide suffi-
2 cient and effective 1–800 help line service for taxpayers.
3 The Commissioner shall continue to make improvements
4 to the Internal Revenue Service 1–800 help line service
5 a priority and allocate resources necessary to enhance the
6 response time to taxpayer communications, particularly
7 with regard to victims of tax-related crimes.
8 SEC. 105. The Internal Revenue Service shall issue
9 a notice of confirmation of any address change relating
10 to an employer making employment tax payments, and
11 such notice shall be sent to both the employer’s former
12 and new address and an officer or employee of the Internal
13 Revenue Service shall give special consideration to an
14 offer-in-compromise from a taxpayer who has been the vic-
15 tim of fraud by a third party payroll tax preparer.
17 this Act may be used by the Internal Revenue Service to
18 target citizens of the United States for exercising any
19 right guaranteed under the First Amendment to the Con-
20 stitution of the United States.
22 Act may be used by the Internal Revenue Service to target
23 groups for regulatory scrutiny based on their ideological
24 beliefs.
December 21, 2020 (12:59 p.m.)

505
1 SEC. 108. None of funds made available by this Act
2 to the Internal Revenue Service shall be obligated or ex-
3 pended on conferences that do not adhere to the proce-
4 dures, verification processes, documentation requirements,
5 and policies issued by the Chief Financial Officer, Human
6 Capital Office, and Agency-Wide Shared Services as a re-
7 sult of the recommendations in the report published on
8 May 31, 2013, by the Treasury Inspector General for Tax
9 Administration entitled ‘‘Review of the August 2010 Small
10 Business/Self-Employed Division’s Conference in Ana-
11 heim, California’’ (Reference Number 2013–10–037).
13 Act to the Internal Revenue Service may be obligated or
14 expended—
15 (1) to make a payment to any employee under
16 a bonus, award, or recognition program; or
17 (2) under any hiring or personnel selection
18 process with respect to re-hiring a former employee;
19 unless such program or process takes into account the
20 conduct and Federal tax compliance of such employee or
21 former employee.
23 Act may be used in contravention of section 6103 of the
24 Internal Revenue Code of 1986 (relating to confidentiality
25 and disclosure of returns and return information).
December 21, 2020 (12:59 p.m.)

506
1 ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE
2 TREASURY
4 SEC. 111. Appropriations to the Department of the

5 Treasury in this Act shall be available for uniforms or al-
6 lowances therefor, as authorized by law (5 U.S.C. 5901),
7 including maintenance, repairs, and cleaning; purchase of
8 insurance for official motor vehicles operated in foreign
9 countries; purchase of motor vehicles without regard to the
10 general purchase price limitations for vehicles purchased
11 and used overseas for the current fiscal year; entering into
12 contracts with the Department of State for the furnishing
13 of health and medical services to employees and their de-
14 pendents serving in foreign countries; and services author-
15 ized by 5 U.S.C. 3109.
17 tions in this title made available under the headings ‘‘De-
18 partmental Offices—Salaries and Expenses’’, ‘‘Office of
19 Inspector General’’, ‘‘Special Inspector General for the
20 Troubled Asset Relief Program’’, ‘‘Financial Crimes En-
21 forcement Network’’, ‘‘Bureau of the Fiscal Service’’, and
22 ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may be
23 transferred between such appropriations upon the advance
24 approval of the Committees on Appropriations of the
25 House of Representatives and the Senate: Provided, That
December 21, 2020 (12:59 p.m.)

507
1 no transfer under this section may increase or decrease
2 any such appropriation by more than 2 percent.
4 tion made available in this Act to the Internal Revenue
5 Service may be transferred to the Treasury Inspector Gen-
6 eral for Tax Administration’s appropriation upon the ad-
7 vance approval of the Committees on Appropriations of
8 the House of Representatives and the Senate: Provided,
9 That no transfer may increase or decrease any such appro-
10 priation by more than 2 percent.
11 SEC. 114. None of the funds appropriated in this Act
12 or otherwise available to the Department of the Treasury
13 or the Bureau of Engraving and Printing may be used
14 to redesign the $1 Federal Reserve note.
15 SEC. 115. The Secretary of the Treasury may trans-
16 fer funds from the ‘‘Bureau of the Fiscal Service—Sala-
17 ries and Expenses’’ to the Debt Collection Fund as nec-
18 essary to cover the costs of debt collection: Provided, That
19 such amounts shall be reimbursed to such salaries and ex-
20 penses account from debt collections received in the Debt
21 Collection Fund.
23 wise made available by this or any other Act may be used
24 by the United States Mint to construct or operate any mu-
25 seum without the explicit approval of the Committees on
December 21, 2020 (12:59 p.m.)

508
2 Senate, the House Committee on Financial Services, and
3 the Senate Committee on Banking, Housing, and Urban
4 Affairs.
6 wise made available by this or any other Act or source
7 to the Department of the Treasury, the Bureau of Engrav-
8 ing and Printing, and the United States Mint, individually
9 or collectively, may be used to consolidate any or all func-
10 tions of the Bureau of Engraving and Printing and the
11 United States Mint without the explicit approval of the
12 House Committee on Financial Services; the Senate Com-
13 mittee on Banking, Housing, and Urban Affairs; and the
15 atives and the Senate.
17 available by the transfer of funds in this Act, for the De-
18 partment of the Treasury’s intelligence or intelligence re-
19 lated activities are deemed to be specifically authorized by
20 the Congress for purposes of section 504 of the National
21 Security Act of 1947 (50 U.S.C. 414) during fiscal year
22 2021 until the enactment of the Intelligence Authorization
23 Act for Fiscal Year 2021.
24 SEC. 119. Not to exceed $5,000 shall be made avail-
25 able from the Bureau of Engraving and Printing’s Indus-
December 21, 2020 (12:59 p.m.)

509
1 trial Revolving Fund for necessary official reception and
2 representation expenses.
3 SEC. 120. The Secretary of the Treasury shall submit
4 a Capital Investment Plan to the Committees on Appro-
5 priations of the House of Representatives and the Senate
6 not later than 30 days following the submission of the an-
7 nual budget submitted by the President: Provided, That
8 such Capital Investment Plan shall include capital invest-
9 ment spending from all accounts within the Department
10 of the Treasury, including but not limited to the Depart-
11 ment-wide Systems and Capital Investment Programs ac-
12 count, Treasury Franchise Fund account, and the Treas-
13 ury Forfeiture Fund account: Provided further, That such
14 Capital Investment Plan shall include expenditures occur-
15 ring in previous fiscal years for each capital investment
16 project that has not been fully completed.
17 SEC. 121. Within 45 days after the date of enactment
18 of this Act, the Secretary of the Treasury shall submit
19 an itemized report to the Committees on Appropriations
20 of the House of Representatives and the Senate on the
21 amount of total funds charged to each office by the Fran-
22 chise Fund including the amount charged for each service
23 provided by the Franchise Fund to each office, a detailed
24 description of the services, a detailed explanation of how
25 each charge for each service is calculated, and a descrip-
December 21, 2020 (12:59 p.m.)

510
1 tion of the role customers have in governing in the Fran-
2 chise Fund.
3 SEC. 122. During fiscal year 2021—
4 (1) none of the funds made available in this or
5 any other Act may be used by the Department of
6 the Treasury, including the Internal Revenue Serv-
7 ice, to issue, revise, or finalize any regulation, rev-
8 enue ruling, or other guidance not limited to a par-
9 ticular taxpayer relating to the standard which is
10 used to determine whether an organization is oper-
11 ated exclusively for the promotion of social welfare
12 for purposes of section 501(c)(4) of the Internal
13 Revenue Code of 1986 (including the proposed regu-
14 lations published at 78 Fed. Reg. 71535 (November
15 29, 2013)); and
16 (2) the standard and definitions as in effect on
17 January 1, 2010, which are used to make such de-
18 terminations shall apply after the date of the enact-
19 ment of this Act for purposes of determining status
20 under section 501(c)(4) of such Code of organiza-
21 tions created on, before, or after such date.
22 SEC. 123. (a) Not later than 60 days after the end
23 of each quarter, the Office of Financial Stability and the
24 Office of Financial Research shall submit reports on their
25 activities to the Committees on Appropriations of the
December 21, 2020 (12:59 p.m.)

511
1 House of Representatives and the Senate, the Committee
2 on Financial Services of the House of Representatives and
3 the Senate Committee on Banking, Housing, and Urban
4 Affairs.
5 (b) The reports required under subsection (a) shall
6 include—
7 (1) the obligations made during the previous
8 quarter by object class, office, and activity;
9 (2) the estimated obligations for the remainder
10 of the fiscal year by object class, office, and activity;
11 (3) the number of full-time equivalents within
12 each office during the previous quarter;
13 (4) the estimated number of full-time equiva-
14 lents within each office for the remainder of the fis-
15 cal year; and
16 (5) actions taken to achieve the goals, objec-
17 tives, and performance measures of each office.
18 (c) At the request of any such Committees specified
19 in subsection (a), the Office of Financial Stability and the
20 Office of Financial Research shall make officials available
21 to testify on the contents of the reports required under
22 subsection (a).
23 SEC. 124. In addition to the amounts otherwise made
24 available to the Department of the Treasury, $25,000,000,
25 to remain available until expended, shall be for expenses
December 21, 2020 (12:59 p.m.)

512
1 associated with digitization and distribution of the Depart-
2 ment’s records of matured savings bonds that have not
3 been redeemed.
4 This title may be cited as the ‘‘Department of the
5 Treasury Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

513
1 TITLE II
2 EXECUTIVE OFFICE OF THE PRESIDENT AND
3 FUNDS APPROPRIATED TO THE PRESIDENT
4 THE WHITE HOUSE
6 For necessary expenses for the White House as au-

7 thorized by law, including not to exceed $3,850,000 for
8 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105;
9 subsistence expenses as authorized by 3 U.S.C. 105, which
10 shall be expended and accounted for as provided in that
11 section; hire of passenger motor vehicles, and travel (not
12 to exceed $100,000 to be expended and accounted for as
13 provided by 3 U.S.C. 103); and not to exceed $19,000 for
14 official reception and representation expenses, to be avail-
15 able for allocation within the Executive Office of the Presi-
16 dent; and for necessary expenses of the Office of Policy
17 Development, including services as authorized by 5 U.S.C.
18 3109 and 3 U.S.C. 107, $55,000,000.
19 EXECUTIVE RESIDENCE AT THE WHITE HOUSE
20 OPERATING EXPENSES
21 For necessary expenses of the Executive Residence

22 at the White House, $13,641,000, to be expended and ac-
23 counted for as provided by 3 U.S.C. 105, 109, 110, and
24 112–114.
December 21, 2020 (12:59 p.m.)

514
1 REIMBURSABLE EXPENSES
2 For the reimbursable expenses of the Executive Resi-

3 dence at the White House, such sums as may be nec-
4 essary: Provided, That all reimbursable operating expenses
5 of the Executive Residence shall be made in accordance
6 with the provisions of this paragraph: Provided further,
7 That, notwithstanding any other provision of law, such
8 amount for reimbursable operating expenses shall be the
9 exclusive authority of the Executive Residence to incur ob-
10 ligations and to receive offsetting collections, for such ex-
11 penses: Provided further, That the Executive Residence
12 shall require each person sponsoring a reimbursable polit-
13 ical event to pay in advance an amount equal to the esti-
14 mated cost of the event, and all such advance payments
15 shall be credited to this account and remain available until
16 expended: Provided further, That the Executive Residence
17 shall require the national committee of the political party
18 of the President to maintain on deposit $25,000, to be
19 separately accounted for and available for expenses relat-
20 ing to reimbursable political events sponsored by such
21 committee during such fiscal year: Provided further, That
22 the Executive Residence shall ensure that a written notice
23 of any amount owed for a reimbursable operating expense
24 under this paragraph is submitted to the person owing
25 such amount within 60 days after such expense is in-
December 21, 2020 (12:59 p.m.)

515
1 curred, and that such amount is collected within 30 days
2 after the submission of such notice: Provided further, That
3 the Executive Residence shall charge interest and assess
4 penalties and other charges on any such amount that is
5 not reimbursed within such 30 days, in accordance with
6 the interest and penalty provisions applicable to an out-
7 standing debt on a United States Government claim under
8 31 U.S.C. 3717: Provided further, That each such amount
9 that is reimbursed, and any accompanying interest and
10 charges, shall be deposited in the Treasury as miscella-
11 neous receipts: Provided further, That the Executive Resi-
12 dence shall prepare and submit to the Committees on Ap-
13 propriations, by not later than 90 days after the end of
14 the fiscal year covered by this Act, a report setting forth
15 the reimbursable operating expenses of the Executive Res-
16 idence during the preceding fiscal year, including the total
17 amount of such expenses, the amount of such total that
18 consists of reimbursable official and ceremonial events, the
19 amount of such total that consists of reimbursable political
20 events, and the portion of each such amount that has been
21 reimbursed as of the date of the report: Provided further,
22 That the Executive Residence shall maintain a system for
23 the tracking of expenses related to reimbursable events
24 within the Executive Residence that includes a standard
25 for the classification of any such expense as political or
December 21, 2020 (12:59 p.m.)

516
1 nonpolitical: Provided further, That no provision of this
2 paragraph may be construed to exempt the Executive Res-
3 idence from any other applicable requirement of sub-
4 chapter I or II of chapter 37 of title 31, United States
5 Code.
6 WHITE HOUSE REPAIR AND RESTORATION
7 For the repair, alteration, and improvement of the
8 Executive Residence at the White House pursuant to 3
9 U.S.C. 105(d), $2,500,000, to remain available until ex-
10 pended, for required maintenance, resolution of safety and
11 health issues, and continued preventative maintenance.
12 COUNCIL OF ECONOMIC ADVISERS
14 For necessary expenses of the Council of Economic

15 Advisers in carrying out its functions under the Employ-
16 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,000,000.
17 NATIONAL SECURITY COUNCIL AND HOMELAND
18 SECURITY COUNCIL
20 For necessary expenses of the National Security

21 Council and the Homeland Security Council, including
22 services as authorized by 5 U.S.C. 3109, $12,150,000 of
23 which not to exceed $5,000 shall be available for official
24 reception and representation expenses.
December 21, 2020 (12:59 p.m.)

517
1 OFFICE OF ADMINISTRATION
3 For necessary expenses of the Office of Administra-

4 tion, including services as authorized by 5 U.S.C. 3109
5 and 3 U.S.C. 107, and hire of passenger motor vehicles,
6 $100,000,000, of which not to exceed $12,800,000 shall
7 remain available until expended for continued moderniza-
8 tion of information resources within the Executive Office
9 of the President.
10 PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT
12 For expenses of the Office of Administration to carry

13 out the Presidential Transition Act of 1963, as amended,
14 and similar expenses, in addition to amounts otherwise ap-
15 propriated by law, $8,000,000: Provided, That such funds
16 may be transferred to other accounts that provide funding
17 for offices within the Executive Office of the President and
18 the Office of the Vice President in this Act or any other
19 Act, to carry out such purposes.
20 OFFICE OF MANAGEMENT AND BUDGET
22 For necessary expenses of the Office of Management

23 and Budget, including hire of passenger motor vehicles
24 and services as authorized by 5 U.S.C. 3109, to carry out
25 the provisions of chapter 35 of title 44, United States
December 21, 2020 (12:59 p.m.)

518
1 Code, and to prepare and submit the budget of the United
2 States Government, in accordance with section 1105(a) of
3 title 31, United States Code, $106,600,000, of which not
4 to exceed $3,000 shall be available for official representa-
5 tion expenses: Provided, That none of the funds appro-
6 priated in this Act for the Office of Management and
7 Budget may be used for the purpose of reviewing any agri-
8 cultural marketing orders or any activities or regulations
9 under the provisions of the Agricultural Marketing Agree-
10 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further,
11 That none of the funds made available for the Office of
12 Management and Budget by this Act may be expended for
13 the altering of the transcript of actual testimony of wit-
14 nesses, except for testimony of officials of the Office of
15 Management and Budget, before the Committees on Ap-
16 propriations or their subcommittees: Provided further,
17 That none of the funds made available for the Office of
18 Management and Budget by this Act may be expended for
19 the altering of the annual work plan developed by the
20 Corps of Engineers for submission to the Committees on
21 Appropriations: Provided further, That none of the funds
22 provided in this or prior Acts shall be used, directly or
23 indirectly, by the Office of Management and Budget, for
24 evaluating or determining if water resource project or
25 study reports submitted by the Chief of Engineers acting
December 21, 2020 (12:59 p.m.)

519
1 through the Secretary of the Army are in compliance with
2 all applicable laws, regulations, and requirements relevant
3 to the Civil Works water resource planning process: Pro-
4 vided further, That the Office of Management and Budget
5 shall have not more than 60 days in which to perform
6 budgetary policy reviews of water resource matters on
7 which the Chief of Engineers has reported: Provided fur-
8 ther, That the Director of the Office of Management and
9 Budget shall notify the appropriate authorizing and ap-
10 propriating committees when the 60-day review is initi-
11 ated: Provided further, That if water resource reports have
12 not been transmitted to the appropriate authorizing and
13 appropriating committees within 15 days after the end of
14 the Office of Management and Budget review period based
15 on the notification from the Director, Congress shall as-
16 sume Office of Management and Budget concurrence with
17 the report and act accordingly.
18 INTELLECTUAL PROPERTY ENFORCEMENT
19 COORDINATOR
20 For necessary expenses of the Office of the Intellec-
21 tual Property Enforcement Coordinator, as authorized by
22 title III of the Prioritizing Resources and Organization for
23 Intellectual Property Act of 2008 (Public Law 110–403),
24 including services authorized by 5 U.S.C. 3109,
25 $1,800,000.
December 21, 2020 (12:59 p.m.)

520
1 OFFICE OF NATIONAL DRUG CONTROL POLICY
3 For necessary expenses of the Office of National

4 Drug Control Policy; for research activities pursuant to
5 the Office of National Drug Control Policy Reauthoriza-
6 tion Act of 1998, as amended; not to exceed $10,000 for
7 official reception and representation expenses; and for par-
8 ticipation in joint projects or in the provision of services
9 on matters of mutual interest with nonprofit, research, or
10 public organizations or agencies, with or without reim-
11 bursement, $18,400,000: Provided, That the Office is au-
12 thorized to accept, hold, administer, and utilize gifts, both
13 real and personal, public and private, without fiscal year
14 limitation, for the purpose of aiding or facilitating the
15 work of the Office.
16 FEDERAL DRUG CONTROL PROGRAMS
17 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
19 For necessary expenses of the Office of National

20 Drug Control Policy’s High Intensity Drug Trafficking
21 Areas Program, $290,000,000, to remain available until
22 September 30, 2022, for drug control activities consistent
23 with the approved strategy for each of the designated
24 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of
25 which not less than 51 percent shall be transferred to
December 21, 2020 (12:59 p.m.)

521
1 State and local entities for drug control activities and shall
2 be obligated not later than 120 days after enactment of
3 this Act: Provided, That up to 49 percent may be trans-
4 ferred to Federal agencies and departments in amounts
5 determined by the Director of the Office of National Drug
6 Control Policy, of which up to $2,700,000 may be used
7 for auditing services and associated activities: Provided
8 further, That any unexpended funds obligated prior to fis-
9 cal year 2019 may be used for any other approved activi-
10 ties of that HIDTA, subject to reprogramming require-
11 ments: Provided further, That each HIDTA designated as
12 of September 30, 2020, shall be funded at not less than
13 the fiscal year 2020 base level, unless the Director submits
15 resentatives and the Senate justification for changes to
16 those levels based on clearly articulated priorities and pub-
17 lished Office of National Drug Control Policy performance
18 measures of effectiveness: Provided further, That the Di-
19 rector shall notify the Committees on Appropriations of
20 the initial allocation of fiscal year 2021 funding among
21 HIDTAs not later than 45 days after enactment of this
22 Act, and shall notify the Committees of planned uses of
23 discretionary HIDTA funding, as determined in consulta-
24 tion with the HIDTA Directors, not later than 90 days
25 after enactment of this Act: Provided further, That upon
December 21, 2020 (12:59 p.m.)

522
1 a determination that all or part of the funds so transferred
2 from this appropriation are not necessary for the purposes
3 provided herein and upon notification to the Committees
5 Senate, such amounts may be transferred back to this ap-
6 propriation.
7 OTHER FEDERAL DRUG CONTROL PROGRAMS
9 For other drug control activities authorized by the

10 Anti-Drug Abuse Act of 1988 and the Office of National
11 Drug Control Policy Reauthorization Act of 1998, as
12 amended, $128,182,000, to remain available until ex-
13 pended, which shall be available as follows: $102,000,000
14 for the Drug-Free Communities Program, of which
15 $2,500,000 shall be made available as directed by section
16 4 of Public Law 107–82, as amended by section 8204 of
17 Public Law 115–271; $3,000,000 for drug court training
18 and technical assistance; $14,000,000 for anti-doping ac-
19 tivities; up to $2,932,000 for the United States member-
20 ship dues to the World Anti-Doping Agency; $1,250,000
21 for the Model Acts Program; and $5,000,000 for activities
22 authorized by section 103 of Public Law 114–198: Pro-
23 vided, That amounts made available under this heading
24 may be transferred to other Federal departments and
25 agencies to carry out such activities: Provided further,
December 21, 2020 (12:59 p.m.)

523
1 That the Director of the Office of National Drug Control
2 Policy shall, not fewer than 30 days prior to obligating
3 funds under this heading for United States membership
4 dues to the World Anti-Doping Agency, submit to the
6 atives and the Senate a spending plan and explanation of
7 the proposed uses of these funds.
8 UNANTICIPATED NEEDS
9 For expenses necessary to enable the President to
10 meet unanticipated needs, in furtherance of the national
11 interest, security, or defense which may arise at home or
12 abroad during the current fiscal year, as authorized by
13 3 U.S.C. 108, $1,000,000, to remain available until Sep-
14 tember 30, 2022.
15 INFORMATION TECHNOLOGY OVERSIGHT AND REFORM
17 For necessary expenses for the furtherance of inte-

18 grated, efficient, secure, and effective uses of information
19 technology in the Federal Government, $12,500,000, to
20 remain available until expended: Provided, That the Direc-
21 tor of the Office of Management and Budget may transfer
22 these funds to one or more other agencies to carry out
23 projects to meet these purposes.
December 21, 2020 (12:59 p.m.)

524
1 SPECIAL ASSISTANCE TO THE PRESIDENT
3 For necessary expenses to enable the Vice President

4 to provide assistance to the President in connection with
5 specially assigned functions; services as authorized by 5
6 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex-
7 penses as authorized by 3 U.S.C. 106, which shall be ex-
8 pended and accounted for as provided in that section; and
9 hire of passenger motor vehicles, $4,698,000.
10 OFFICIAL RESIDENCE OF THE VICE PRESIDENT
13 For the care, operation, refurnishing, improvement,

14 and to the extent not otherwise provided for, heating and
15 lighting, including electric power and fixtures, of the offi-
16 cial residence of the Vice President; the hire of passenger
17 motor vehicles; and not to exceed $90,000 pursuant to 3
18 U.S.C. 106(b)(2), $302,000: Provided, That advances, re-
19 payments, or transfers from this appropriation may be
20 made to any department or agency for expenses of car-
21 rying out such activities.
December 21, 2020 (12:59 p.m.)

525
1 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF
2 THE PRESIDENT AND FUNDS APPROPRIATED TO
3 THE PRESIDENT
5 SEC. 201. From funds made available in this Act

6 under the headings ‘‘The White House’’, ‘‘Executive Resi-
7 dence at the White House’’, ‘‘White House Repair and
8 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National
9 Security Council and Homeland Security Council’’, ‘‘Of-
10 fice of Administration’’, ‘‘Special Assistance to the Presi-
11 dent’’, and ‘‘Official Residence of the Vice President’’, the
12 Director of the Office of Management and Budget (or
13 such other officer as the President may designate in writ-
14 ing), may, with advance approval of the Committees on
16 Senate, transfer not to exceed 10 percent of any such ap-
17 propriation to any other such appropriation, to be merged
18 with and available for the same time and for the same
19 purposes as the appropriation to which transferred: Pro-
20 vided, That the amount of an appropriation shall not be
21 increased by more than 50 percent by such transfers: Pro-
22 vided further, That no amount shall be transferred from
23 ‘‘Special Assistance to the President’’ or ‘‘Official Resi-
24 dence of the Vice President’’ without the approval of the
25 Vice President.
December 21, 2020 (12:59 p.m.)

526
1 SEC. 202. (a) During fiscal year 2021, any Executive
2 order or Presidential memorandum issued or revoked by
3 the President shall be accompanied by a written statement
4 from the Director of the Office of Management and Budg-
5 et on the budgetary impact, including costs, benefits, and
6 revenues, of such order or memorandum.
7 (b) Any such statement shall include—
8 (1) a narrative summary of the budgetary im-
9 pact of such order or memorandum on the Federal
10 Government;
11 (2) the impact on mandatory and discretionary
12 obligations and outlays as the result of such order
13 or memorandum, listed by Federal agency, for each
14 year in the 5-fiscal-year period beginning in fiscal
15 year 2021; and
16 (3) the impact on revenues of the Federal Gov-
17 ernment as the result of such order or memorandum
18 over the 5-fiscal-year period beginning in fiscal year
19 2021.
20 (c) If an Executive order or Presidential memo-
21 randum is issued during fiscal year 2021 due to a national
22 emergency, the Director of the Office of Management and
23 Budget may issue the statement required by subsection
24 (a) not later than 15 days after the date that such order
25 or memorandum is issued.
December 21, 2020 (12:59 p.m.)

527
1 (d) The requirement for cost estimates for Presi-
2 dential memoranda shall only apply for Presidential
3 memoranda estimated to have a regulatory cost in excess
4 of $100,000,000.
6 enactment of this Act, the Director of the Office of Man-
7 agement and Budget shall issue a memorandum to all
8 Federal departments, agencies, and corporations directing
9 compliance with the provisions in title VII of this Act.
10 This title may be cited as the ‘‘Executive Office of
11 the President Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

528
1 TITLE III
2 THE JUDICIARY
3 SUPREME COURT OF THE UNITED STATES
5 For expenses necessary for the operation of the Su-

6 preme Court, as required by law, excluding care of the
7 building and grounds, including hire of passenger motor
8 vehicles as authorized by 31 U.S.C. 1343 and 1344; not
9 to exceed $10,000 for official reception and representation
10 expenses; and for miscellaneous expenses, to be expended
11 as the Chief Justice may approve, $94,690,000, of which
12 $1,500,000 shall remain available until expended.
13 In addition, there are appropriated such sums as may
14 be necessary under current law for the salaries of the chief
15 justice and associate justices of the court.
16 CARE OF THE BUILDING AND GROUNDS
17 For such expenditures as may be necessary to enable

18 the Architect of the Capitol to carry out the duties im-
19 posed upon the Architect by 40 U.S.C. 6111 and 6112,
December 21, 2020 (12:59 p.m.)

529
1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL
2 CIRCUIT
4 For salaries of officers and employees, and for nec-

5 essary expenses of the court, as authorized by law,
6 $33,500,000.
9 judge and judges of the court.
10 UNITED STATES COURT OF INTERNATIONAL TRADE
12 For salaries of officers and employees of the court,

13 services, and necessary expenses of the court, as author-
14 ized by law, $20,000,000.
17 judge and judges of the court.
18 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
19 JUDICIAL SERVICES
21 For the salaries of judges of the United States Court

22 of Federal Claims, magistrate judges, and all other offi-
23 cers and employees of the Federal Judiciary not otherwise
24 specifically provided for, necessary expenses of the courts,
25 and the purchase, rental, repair, and cleaning of uniforms
December 21, 2020 (12:59 p.m.)

530
1 for Probation and Pretrial Services Office staff, as author-
2 ized by law, $5,393,701,000 (including the purchase of
3 firearms and ammunition); of which not to exceed
5 space alteration projects and for furniture and furnishings
6 related to new space alteration and construction projects.
8 be necessary under current law for the salaries of circuit
9 and district judges (including judges of the territorial
10 courts of the United States), bankruptcy judges, and jus-
11 tices and judges retired from office or from regular active
12 service.
13 In addition, for expenses of the United States Court
14 of Federal Claims associated with processing cases under
15 the National Childhood Vaccine Injury Act of 1986 (Pub-
16 lic Law 99–660), not to exceed $9,900,000, to be appro-
17 priated from the Vaccine Injury Compensation Trust
18 Fund.
19 DEFENDER SERVICES
20 For the operation of Federal Defender organizations;

21 the compensation and reimbursement of expenses of attor-
22 neys appointed to represent persons under 18 U.S.C.
23 3006A and 3599, and for the compensation and reim-
24 bursement of expenses of persons furnishing investigative,
25 expert, and other services for such representations as au-
December 21, 2020 (12:59 p.m.)

531
1 thorized by law; the compensation (in accordance with the
2 maximums under 18 U.S.C. 3006A) and reimbursement
3 of expenses of attorneys appointed to assist the court in
4 criminal cases where the defendant has waived representa-
5 tion by counsel; the compensation and reimbursement of
6 expenses of attorneys appointed to represent jurors in civil
7 actions for the protection of their employment, as author-
8 ized by 28 U.S.C. 1875(d)(1); the compensation and reim-
9 bursement of expenses of attorneys appointed under 18
10 U.S.C. 983(b)(1) in connection with certain judicial civil
11 forfeiture proceedings; the compensation and reimburse-
12 ment of travel expenses of guardians ad litem appointed
13 under 18 U.S.C. 4100(b); and for necessary training and
14 general administrative expenses, $1,316,240,000, to re-
16 FEES OF JURORS AND COMMISSIONERS
17 For fees and expenses of jurors as authorized by 28

18 U.S.C. 1871 and 1876; compensation of jury commis-
19 sioners as authorized by 28 U.S.C. 1863; and compensa-
20 tion of commissioners appointed in condemnation cases
21 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro-
22 cedure (28 U.S.C. Appendix Rule 71.1(h)), $32,517,000,
23 to remain available until expended: Provided, That the
24 compensation of land commissioners shall not exceed the
December 21, 2020 (12:59 p.m.)

532
1 daily equivalent of the highest rate payable under 5 U.S.C.
2 5332.
3 COURT SECURITY

6 incident to the provision of protective guard services for
7 United States courthouses and other facilities housing
8 Federal court operations, and the procurement, installa-
9 tion, and maintenance of security systems and equipment
10 for United States courthouses and other facilities housing
11 Federal court operations, including building ingress-egress
12 control, inspection of mail and packages, directed security
13 patrols, perimeter security, basic security services provided
14 by the Federal Protective Service, and other similar activi-
15 ties as authorized by section 1010 of the Judicial Improve-
16 ment and Access to Justice Act (Public Law 100–702),
17 $664,011,000, of which not to exceed $20,000,000 shall
18 remain available until expended, to be expended directly
19 or transferred to the United States Marshals Service,
20 which shall be responsible for administering the Judicial
21 Facility Security Program consistent with standards or
22 guidelines agreed to by the Director of the Administrative
23 Office of the United States Courts and the Attorney Gen-
24 eral.
December 21, 2020 (12:59 p.m.)

533
1 ADMINISTRATIVE OFFICE OF THE UNITED STATES
2 COURTS
4 For necessary expenses of the Administrative Office

5 of the United States Courts as authorized by law, includ-
6 ing travel as authorized by 31 U.S.C. 1345, hire of a pas-
7 senger motor vehicle as authorized by 31 U.S.C. 1343(b),
8 advertising and rent in the District of Columbia and else-
9 where, $95,675,000, of which not to exceed $8,500 is au-
10 thorized for official reception and representation expenses.
11 FEDERAL JUDICIAL CENTER
13 For necessary expenses of the Federal Judicial Cen-

14 ter, as authorized by Public Law 90–219, $29,015,000;
15 of which $1,800,000 shall remain available through Sep-
16 tember 30, 2022, to provide education and training to
17 Federal court personnel; and of which not to exceed
18 $1,500 is authorized for official reception and representa-
19 tion expenses.
20 UNITED STATES SENTENCING COMMISSION
22 For the salaries and expenses necessary to carry out

23 the provisions of chapter 58 of title 28, United States
24 Code, $19,965,000, of which not to exceed $1,000 is au-
25 thorized for official reception and representation expenses.
December 21, 2020 (12:59 p.m.)

534
1 ADMINISTRATIVE PROVISIONS—THE JUDICIARY
3 SEC. 301. Appropriations and authorizations made in

4 this title which are available for salaries and expenses shall
5 be available for services as authorized by 5 U.S.C. 3109.
7 tion made available for the current fiscal year for the Judi-
8 ciary in this Act may be transferred between such appro-
9 priations, but no such appropriation, except ‘‘Courts of
10 Appeals, District Courts, and Other Judicial Services, De-
11 fender Services’’ and ‘‘Courts of Appeals, District Courts,
12 and Other Judicial Services, Fees of Jurors and Commis-
13 sioners’’, shall be increased by more than 10 percent by
14 any such transfers: Provided, That any transfer pursuant
15 to this section shall be treated as a reprogramming of
16 funds under sections 604 and 608 of this Act and shall
17 not be available for obligation or expenditure except in
18 compliance with the procedures set forth in section 608.
20 law, the salaries and expenses appropriation for ‘‘Courts
21 of Appeals, District Courts, and Other Judicial Services’’
23 expenses of the Judicial Conference of the United States:
24 Provided, That such available funds shall not exceed
25 $11,000 and shall be administered by the Director of the
December 21, 2020 (12:59 p.m.)

535
1 Administrative Office of the United States Courts in the
2 capacity as Secretary of the Judicial Conference.
3 SEC. 304. Section 3315(a) of title 40, United States
4 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec-
5 utive’’ each place it appears.
6 SEC. 305. In accordance with 28 U.S.C. 561–569,
7 and notwithstanding any other provision of law, the
8 United States Marshals Service shall provide, for such
9 courthouses as its Director may designate in consultation
10 with the Director of the Administrative Office of the
11 United States Courts, for purposes of a pilot program, the
12 security services that 40 U.S.C. 1315 authorizes the De-
13 partment of Homeland Security to provide, except for the
14 services specified in 40 U.S.C. 1315(b)(2)(E). For build-
15 ing-specific security services at these courthouses, the Di-
16 rector of the Administrative Office of the United States
17 Courts shall reimburse the United States Marshals Service
18 rather than the Department of Homeland Security.
19 SEC. 306. (a) Section 203(c) of the Judicial Improve-
20 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133
21 note), is amended in the matter following paragraph 12—
22 (1) in the second sentence (relating to the Dis-
23 trict of Kansas), by striking ‘‘29 years and 6
24 months’’ and inserting ‘‘30 years and 6 months’’;
25 and
December 21, 2020 (12:59 p.m.)

536
1 (2) in the sixth sentence (relating to the Dis-
2 trict of Hawaii), by striking ‘‘26 years and 6
3 months’’ and inserting ‘‘27 years and 6 months’’.
4 (b) Section 406 of the Transportation, Treasury,
5 Housing and Urban Development, the Judiciary, the Dis-
6 trict of Columbia, and Independent Agencies Appropria-
7 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470;
8 28 U.S.C. 133 note) is amended in the second sentence
9 (relating to the eastern District of Missouri) by striking
10 ‘‘27 years and 6 months’’ and inserting ‘‘28 years and
11 6 months’’.
12 (c) Section 312(c)(2) of the 21st Century Depart-
13 ment of Justice Appropriations Authorization Act (Public
14 Law 107–273; 28 U.S.C. 133 note), is amended—
15 (1) in the first sentence by striking ‘‘18 years’’
16 and inserting ‘‘19 years’’;
17 (2) in the second sentence (relating to the cen-
18 tral District of California), by striking ‘‘17 years
19 and 6 months’’ and inserting ‘‘18 years and 6
20 months’’; and
21 (3) in the third sentence (relating to the west-
22 ern district of North Carolina), by striking ‘‘16
23 years’’ and inserting ‘‘17 years’’.
24 This title may be cited as the ‘‘Judiciary Appropria-
25 tions Act, 2021’’.
December 21, 2020 (12:59 p.m.)

537
1 TITLE IV
2 DISTRICT OF COLUMBIA
3 FEDERAL FUNDS
4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
5 For a Federal payment to the District of Columbia,

6 to be deposited into a dedicated account, for a nationwide
7 program to be administered by the Mayor, for District of
8 Columbia resident tuition support, $40,000,000, to remain
9 available until expended: Provided, That such funds, in-
10 cluding any interest accrued thereon, may be used on be-
11 half of eligible District of Columbia residents to pay an
12 amount based upon the difference between in-State and
13 out-of-State tuition at public institutions of higher edu-
14 cation, or to pay up to $2,500 each year at eligible private
15 institutions of higher education: Provided further, That the
16 awarding of such funds may be prioritized on the basis
17 of a resident’s academic merit, the income and need of
18 eligible students and such other factors as may be author-
19 ized: Provided further, That the District of Columbia gov-
20 ernment shall maintain a dedicated account for the Resi-
21 dent Tuition Support Program that shall consist of the
22 Federal funds appropriated to the Program in this Act
23 and any subsequent appropriations, any unobligated bal-
24 ances from prior fiscal years, and any interest earned in
25 this or any fiscal year: Provided further, That the account
December 21, 2020 (12:59 p.m.)

538
1 shall be under the control of the District of Columbia
2 Chief Financial Officer, who shall use those funds solely
3 for the purposes of carrying out the Resident Tuition Sup-
4 port Program: Provided further, That the Office of the
5 Chief Financial Officer shall provide a quarterly financial
6 report to the Committees on Appropriations of the House
7 of Representatives and the Senate for these funds show-
8 ing, by object class, the expenditures made and the pur-
9 pose therefor.
10 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND
11 SECURITY COSTS IN THE DISTRICT OF COLUMBIA
12 For a Federal payment of necessary expenses, as de-

13 termined by the Mayor of the District of Columbia in writ-
14 ten consultation with the elected county or city officials
15 of surrounding jurisdictions, $38,400,000, to remain
16 available until expended, for an additional amount for fis-
17 cal year 2021, for the costs of providing public safety at
18 events related to the presence of the National Capital in
19 the District of Columbia, including support requested by
20 the Director of the United States Secret Service in car-
21 rying out protective duties under the direction of the Sec-
22 retary of Homeland Security, and for the costs of pro-
23 viding support to respond to immediate and specific ter-
24 rorist threats or attacks in the District of Columbia or
25 surrounding jurisdictions: Provided, That, of the amount
December 21, 2020 (12:59 p.m.)

539
1 provided under this heading in this Act, $21,872,372 shall
2 be used for costs associated with the Presidential Inau-
3 guration held in January 2021, and shall be in addition
4 to the amount made available for this purpose in section
5 131 of the Continuing Appropriations Act, 2021 and
6 Other Extensions Act (Public Law 116–159).
7 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
8 COURTS
9 For salaries and expenses for the District of Colum-

10 bia Courts, $250,088,000 to be allocated as follows: for
11 the District of Columbia Court of Appeals, $14,682,000,
12 of which not to exceed $2,500 is for official reception and
13 representation expenses; for the Superior Court of the
14 District of Columbia, $125,660,000, of which not to ex-
15 ceed $2,500 is for official reception and representation ex-
16 penses; for the District of Columbia Court System,
17 $79,247,000, of which not to exceed $2,500 is for official
18 reception and representation expenses; and $30,499,000,
19 to remain available until September 30, 2022, for capital
20 improvements for District of Columbia courthouse facili-
21 ties: Provided, That funds made available for capital im-
22 provements shall be expended consistent with the District
23 of Columbia Courts master plan study and facilities condi-
24 tion assessment: Provided further, That, in addition to the
25 amounts appropriated herein, fees received by the District
December 21, 2020 (12:59 p.m.)

540
1 of Columbia Courts for administering bar examinations
2 and processing District of Columbia bar admissions may
3 be retained and credited to this appropriation, to remain
4 available until expended, for salaries and expenses associ-
5 ated with such activities, notwithstanding section 450 of
6 the District of Columbia Home Rule Act (D.C. Official
7 Code, sec. 1–204.50): Provided further, That notwith-
8 standing any other provision of law, all amounts under
9 this heading shall be apportioned quarterly by the Office
10 of Management and Budget and obligated and expended
11 in the same manner as funds appropriated for salaries and
12 expenses of other Federal agencies: Provided further, That
13 30 days after providing written notice to the Committees
15 Senate, the District of Columbia Courts may reallocate
16 not more than $9,000,000 of the funds provided under
17 this heading among the items and entities funded under
18 this heading: Provided further, That the Joint Committee
19 on Judicial Administration in the District of Columbia
20 may, by regulation, establish a program substantially simi-
21 lar to the program set forth in subchapter II of chapter
22 35 of title 5, United States Code, for employees of the
23 District of Columbia Courts.
December 21, 2020 (12:59 p.m.)

541
1 FEDERAL PAYMENT FOR DEFENDER SERVICES IN
2 DISTRICT OF COLUMBIA COURTS
3 For payments authorized under section 11–2604 and

4 section 11–2605, D.C. Official Code (relating to represen-
5 tation provided under the District of Columbia Criminal
6 Justice Act), payments for counsel appointed in pro-
7 ceedings in the Family Court of the Superior Court of the
8 District of Columbia under chapter 23 of title 16, D.C.
9 Official Code, or pursuant to contractual agreements to
10 provide guardian ad litem representation, training, tech-
11 nical assistance, and such other services as are necessary
12 to improve the quality of guardian ad litem representation,
13 payments for counsel appointed in adoption proceedings
14 under chapter 3 of title 16, D.C. Official Code, and pay-
15 ments authorized under section 21–2060, D.C. Official
16 Code (relating to services provided under the District of
17 Columbia Guardianship, Protective Proceedings, and Du-
18 rable Power of Attorney Act of 1986), $46,005,000, to
19 remain available until expended: Provided, That funds
20 provided under this heading shall be administered by the
21 Joint Committee on Judicial Administration in the Dis-
22 trict of Columbia: Provided further, That, notwithstanding
23 any other provision of law, this appropriation shall be ap-
24 portioned quarterly by the Office of Management and
25 Budget and obligated and expended in the same manner
December 21, 2020 (12:59 p.m.)

542
1 as funds appropriated for expenses of other Federal agen-
2 cies.
3 FEDERAL PAYMENT TO THE COURT SERVICES AND OF-
4 FENDER SUPERVISION AGENCY FOR THE DISTRICT
5 OF COLUMBIA
6 For salaries and expenses, including the transfer and

7 hire of motor vehicles, of the Court Services and Offender
8 Supervision Agency for the District of Columbia, as au-
9 thorized by the National Capital Revitalization and Self-
10 Government Improvement Act of 1997, $245,923,000, of
11 which not to exceed $2,000 is for official reception and
12 representation expenses related to Community Supervision
13 and Pretrial Services Agency programs, and of which not
14 to exceed $25,000 is for dues and assessments relating
15 to the implementation of the Court Services and Offender
16 Supervision Agency Interstate Supervision Act of 2002:
17 Provided, That, of the funds appropriated under this head-
18 ing, $179,180,000 shall be for necessary expenses of Com-
19 munity Supervision and Sex Offender Registration, to in-
20 clude expenses relating to the supervision of adults subject
21 to protection orders or the provision of services for or re-
22 lated to such persons: Provided further, That, of the funds
23 appropriated under this heading, $66,743,000 shall be
24 available to the Pretrial Services Agency, of which
25 $459,000 shall remain available until September 30, 2023,
December 21, 2020 (12:59 p.m.)

543
1 for costs associated with relocation under a replacement
2 lease for headquarters offices, field offices, and related fa-
3 cilities: Provided further, That notwithstanding any other
4 provision of law, all amounts under this heading shall be
5 apportioned quarterly by the Office of Management and
6 Budget and obligated and expended in the same manner
7 as funds appropriated for salaries and expenses of other
8 Federal agencies: Provided further, That amounts under
9 this heading may be used for programmatic incentives for
10 defendants to successfully complete their terms of super-
11 vision.
13 PUBLIC DEFENDER SERVICE
14 For salaries and expenses, including the transfer and

15 hire of motor vehicles, of the District of Columbia Public
16 Defender Service, as authorized by the National Capital
17 Revitalization and Self-Government Improvement Act of
18 1997, $46,212,000: Provided, That notwithstanding any
19 other provision of law, all amounts under this heading
20 shall be apportioned quarterly by the Office of Manage-
21 ment and Budget and obligated and expended in the same
22 manner as funds appropriated for salaries and expenses
23 of Federal agencies: Provided further, That the District
24 of Columbia Public Defender Service may establish for
25 employees of the District of Columbia Public Defender
December 21, 2020 (12:59 p.m.)

544
1 Service a program substantially similar to the program set
2 forth in subchapter II of chapter 35 of title 5, United
3 States Code, except that the maximum amount of the pay-
4 ment made under the program to any individual may not
5 exceed the amount referred to in section 3523(b)(3)(B)
6 of title 5, United States Code: Provided further, That for
7 the purposes of engaging with, and receiving services
8 from, Federal Franchise Fund Programs established in
9 accordance with section 403 of the Government Manage-
10 ment Reform Act of 1994, as amended, the District of
11 Columbia Public Defender Service shall be considered an
12 agency of the United States Government.
13 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE
14 COORDINATING COUNCIL
15 For a Federal payment to the Criminal Justice Co-

16 ordinating Council, $2,150,000, to remain available until
17 expended, to support initiatives related to the coordination
18 of Federal and local criminal justice resources in the Dis-
19 trict of Columbia.
20 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
21 For a Federal payment, to remain available until

22 September 30, 2022, to the Commission on Judicial Dis-
23 abilities and Tenure, $325,000, and for the Judicial Nomi-
24 nation Commission, $275,000.
December 21, 2020 (12:59 p.m.)

545
1 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
2 For a Federal payment for a school improvement pro-

3 gram in the District of Columbia, $52,500,000, to remain
4 available until expended, for payments authorized under
5 the Scholarships for Opportunity and Results Act (division
6 C of Public Law 112–10): Provided, That, to the extent
7 that funds are available for opportunity scholarships and
8 following the priorities included in section 3006 of such
9 Act, the Secretary of Education shall make scholarships
10 available to students eligible under section 3013(3) of such
11 Act (Public Law 112–10; 125 Stat. 211) including stu-
12 dents who were not offered a scholarship during any pre-
13 vious school year: Provided further, That within funds pro-
14 vided for opportunity scholarships up to $1,750,000 shall
15 be for the activities specified in sections 3007(b) through
16 3007(d) of the Act and up to $500,000 shall be for the
17 activities specified in section 3009 of the Act.
18 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA
19 NATIONAL GUARD
20 For a Federal payment to the District of Columbia

21 National Guard, $600,000, to remain available until ex-
22 pended for the Major General David F. Wherley, Jr. Dis-
23 trict of Columbia National Guard Retention and College
24 Access Program.
December 21, 2020 (12:59 p.m.)

546
1 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF
2 HIV/AIDS

4 for the testing of individuals for, and the treatment of in-
5 dividuals with, human immunodeficiency virus and ac-
6 quired immunodeficiency syndrome in the District of Co-
7 lumbia, $4,000,000.
9 WATER AND SEWER AUTHORITY

11 Water and Sewer Authority, $8,000,000, to remain avail-
12 able until expended, to continue implementation of the
13 Combined Sewer Overflow Long-Term Plan: Provided,
14 That the District of Columbia Water and Sewer Authority
15 provides a 100 percent match for this payment.
16 DISTRICT OF COLUMBIA FUNDS
17 Local funds are appropriated for the District of Co-
18 lumbia for the current fiscal year out of the General Fund
19 of the District of Columbia (‘‘General Fund’’) for pro-
20 grams and activities set forth in the Fiscal Year 2021
21 Local Budget Act of 2020 (D.C. Act 23–408) and at rates
22 set forth under such Act, as amended as of the date of
23 enactment of this Act: Provided, That notwithstanding
24 any other provision of law, except as provided in section
25 450A of the District of Columbia Home Rule Act (section
December 21, 2020 (12:59 p.m.)

547
1 1–204.50a, D.C. Official Code), sections 816 and 817 of
2 the Financial Services and General Government Appro-
3 priations Act, 2009 (secs. 47–369.01 and 47–369.02, D.C.
4 Official Code), and provisions of this Act, the total amount
5 appropriated in this Act for operating expenses for the
6 District of Columbia for fiscal year 2021 under this head-
7 ing shall not exceed the estimates included in the Fiscal
8 Year 2021 Local Budget Act of 2020, as amended as of
9 the date of enactment of this Act or the sum of the total
10 revenues of the District of Columbia for such fiscal year:
11 Provided further, That the amount appropriated may be
12 increased by proceeds of one-time transactions, which are
13 expended for emergency or unanticipated operating or
14 capital needs: Provided further, That such increases shall
15 be approved by enactment of local District law and shall
16 comply with all reserve requirements contained in the Dis-
17 trict of Columbia Home Rule Act: Provided further, That
18 the Chief Financial Officer of the District of Columbia
19 shall take such steps as are necessary to assure that the
20 District of Columbia meets these requirements, including
21 the apportioning by the Chief Financial Officer of the ap-
22 propriations and funds made available to the District dur-
23 ing fiscal year 2021, except that the Chief Financial Offi-
24 cer may not reprogram for operating expenses any funds
December 21, 2020 (12:59 p.m.)

548
1 derived from bonds, notes, or other obligations issued for
2 capital projects.
3 This title may be cited as the ‘‘District of Columbia
December 21, 2020 (12:59 p.m.)

549
1 TITLE V
3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
5 For necessary expenses of the Administrative Con-

6 ference of the United States, authorized by 5 U.S.C. 591
7 et seq., $3,400,000, to remain available until September
8 30, 2022, of which not to exceed $1,000 is for official re-
9 ception and representation expenses.
10 COMMODITY FUTURES TRADING COMMISSION

13 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in-
14 cluding the purchase and hire of passenger motor vehicles,
15 and the rental of space (to include multiple year leases),
16 in the District of Columbia and elsewhere, $304,000,000,
17 including not to exceed $3,000 for official reception and
18 representation expenses, and not to exceed $25,000 for the
19 expenses for consultations and meetings hosted by the
20 Commission with foreign governmental and other regu-
21 latory officials, of which not less than $20,000,000 shall
22 remain available until September 30, 2022, and of which
23 not less than $3,568,000 shall be for expenses of the Of-
24 fice of the Inspector General: Provided, That notwith-
25 standing the limitations in 31 U.S.C. 1553, amounts pro-
December 21, 2020 (12:59 p.m.)

550
1 vided under this heading are available for the liquidation
2 of obligations equal to current year payments on leases
3 entered into prior to the date of enactment of this Act:
4 Provided further, That for the purpose of recording and
5 liquidating any lease obligations that should have been re-
6 corded and liquidated against accounts closed pursuant to
7 31 U.S.C. 1552, and consistent with the preceding pro-
8 viso, such amounts shall be transferred to and recorded
9 in a no-year account in the Treasury, which has been es-
10 tablished for the sole purpose of recording adjustments for
11 and liquidating such unpaid obligations.
12 CONSUMER PRODUCT SAFETY COMMISSION
14 For necessary expenses of the Consumer Product

15 Safety Commission, including hire of passenger motor ve-
16 hicles, services as authorized by 5 U.S.C. 3109, but at
17 rates for individuals not to exceed the per diem rate equiv-
18 alent to the maximum rate payable under 5 U.S.C. 5376,
19 purchase of nominal awards to recognize non-Federal offi-
20 cials’ contributions to Commission activities, and not to
21 exceed $4,000 for official reception and representation ex-
22 penses, $135,000,000, of which $1,300,000 shall remain
23 available until expended to carry out the program, includ-
24 ing administrative costs, required by section 1405 of the
December 21, 2020 (12:59 p.m.)

551
1 Virginia Graeme Baker Pool and Spa Safety Act (Public
2 Law 110–140; 15 U.S.C. 8004).
3 ADMINISTRATIVE PROVISION—CONSUMER PRODUCT
4 SAFETY COMMISSION
5 SEC. 501. During fiscal year 2021, none of the

6 amounts made available by this Act may be used to final-
7 ize or implement the Safety Standard for Recreational
8 Off-Highway Vehicles published by the Consumer Product
9 Safety Commission in the Federal Register on November
10 19, 2014 (79 Fed. Reg. 68964) until after—
11 (1) the National Academy of Sciences, in con-
12 sultation with the National Highway Traffic Safety
13 Administration and the Department of Defense,
14 completes a study to determine—
15 (A) the technical validity of the lateral sta-
16 bility and vehicle handling requirements pro-
17 posed by such standard for purposes of reduc-
18 ing the risk of Recreational Off-Highway Vehi-
19 cle (referred to in this section as ‘‘ROV’’) roll-
20 overs in the off-road environment, including the
21 repeatability and reproducibility of testing for
22 compliance with such requirements;
23 (B) the number of ROV rollovers that
24 would be prevented if the proposed require-
25 ments were adopted;
December 21, 2020 (12:59 p.m.)

552
1 (C) whether there is a technical basis for
2 the proposal to provide information on a point-
3 of-sale hangtag about a ROV’s rollover resist-
4 ance on a progressive scale; and
5 (D) the effect on the utility of ROVs used
6 by the United States military if the proposed
7 requirements were adopted; and
8 (2) a report containing the results of the study
9 completed under paragraph (1) is delivered to—
10 (A) the Committee on Commerce, Science,
11 and Transportation of the Senate;
12 (B) the Committee on Energy and Com-
13 merce of the House of Representatives;
14 (C) the Committee on Appropriations of
15 the Senate; and
16 (D) the Committee on Appropriations of
17 the House of Representatives.
18 ELECTION ASSISTANCE COMMISSION
21 For necessary expenses to carry out the Help Amer-

22 ica Vote Act of 2002 (Public Law 107–252), $17,000,000,
23 of which $1,500,000 shall be transferred to the National
24 Institute of Standards and Technology for election reform
December 21, 2020 (12:59 p.m.)

553
1 activities authorized under the Help America Vote Act of
2 2002.
3 FEDERAL COMMUNICATIONS COMMISSION
5 For necessary expenses of the Federal Communica-

6 tions Commission, as authorized by law, including uni-
7 forms and allowances therefor, as authorized by 5 U.S.C.
8 5901–5902; not to exceed $4,000 for official reception and
9 representation expenses; purchase and hire of motor vehi-
10 cles; special counsel fees; and services as authorized by
11 5 U.S.C. 3109, $341,000,000, to remain available until
12 expended: Provided, That in addition, $33,000,000, shall
13 be made available until expended for implementing title
14 VIII of the Communications Act of 1934 (47 U.S.C. 641
15 et seq.), as added by the Broadband DATA Act (Public
16 Law 116–130): Provided further, That $374,000,000 of
17 offsetting collections shall be assessed and collected pursu-
18 ant to section 9 of title I of the Communications Act of
19 1934, shall be retained and used for necessary expenses
20 and shall remain available until expended: Provided fur-
21 ther, That the sum herein appropriated shall be reduced
22 as such offsetting collections are received during fiscal
23 year 2021 so as to result in a final fiscal year 2021 appro-
24 priation estimated at $0: Provided further, That, notwith-
25 standing 47 U.S.C. 309(j)(8)(B), proceeds from the use
December 21, 2020 (12:59 p.m.)

554
1 of a competitive bidding system that may be retained and
2 made available for obligation shall not exceed
3 $134,495,000 for fiscal year 2021: Provided further, That,
4 of the amount appropriated under this heading, not less
5 than $11,326,800 shall be for the salaries and expenses
6 of the Office of Inspector General.
7 ADMINISTRATIVE PROVISIONS—FEDERAL
8 COMMUNICATIONS COMMISSION
9 SEC. 510. Section 302 of the Universal Service

10 Antideficiency Temporary Suspension Act is amended by
11 striking ‘‘December 31, 2020’’ each place it appears and
12 inserting ‘‘December 31, 2021’’.
14 may be used by the Federal Communications Commission
15 to modify, amend, or change its rules or regulations for
16 universal service support payments to implement the Feb-
17 ruary 27, 2004, recommendations of the Federal-State
18 Joint Board on Universal Service regarding single connec-
19 tion or primary line restrictions on universal service sup-
20 port payments.
21 FEDERAL DEPOSIT INSURANCE CORPORATION

25 General Act of 1978, $42,982,000, to be derived from the
December 21, 2020 (12:59 p.m.)

555
1 Deposit Insurance Fund or, only when appropriate, the
2 FSLIC Resolution Fund.
3 FEDERAL ELECTION COMMISSION

6 of the Federal Election Campaign Act of 1971,
7 $71,497,000, of which not to exceed $5,000 shall be avail-
8 able for reception and representation expenses.
9 FEDERAL LABOR RELATIONS AUTHORITY
11 For necessary expenses to carry out functions of the

12 Federal Labor Relations Authority, pursuant to Reorga-
13 nization Plan Numbered 2 of 1978, and the Civil Service
14 Reform Act of 1978, including services authorized by 5
15 U.S.C. 3109, and including hire of experts and consult-
16 ants, hire of passenger motor vehicles, and including offi-
17 cial reception and representation expenses (not to exceed
18 $1,500) and rental of conference rooms in the District of
19 Columbia and elsewhere, $26,600,000: Provided, That
20 public members of the Federal Service Impasses Panel
21 may be paid travel expenses and per diem in lieu of sub-
22 sistence as authorized by law (5 U.S.C. 5703) for persons
23 employed intermittently in the Government service, and
24 compensation as authorized by 5 U.S.C. 3109: Provided
25 further, That, notwithstanding 31 U.S.C. 3302, funds re-
December 21, 2020 (12:59 p.m.)

556
1 ceived from fees charged to non-Federal participants at
2 labor-management relations conferences shall be credited
3 to and merged with this account, to be available without
4 further appropriation for the costs of carrying out these
5 conferences.
6 FEDERAL PERMITTING IMPROVEMENT STEERING
7 COUNCIL
8 ENVIRONMENTAL REVIEW IMPROVEMENT FUND
10 For necessary expenses of the Environmental Review

11 Improvement Fund established pursuant to 42 U.S.C.
12 4370m–8(d), $10,000,000, to remain available until ex-
13 pended: Provided, That funds appropriated in prior appro-
14 priations Acts under the heading ‘‘General Services Ad-
15 ministration—General Activities—Environmental Review
16 Improvement Fund’’ shall be transferred to and merged
17 with this account.
18 FEDERAL TRADE COMMISSION
20 For necessary expenses of the Federal Trade Com-

21 mission, including uniforms or allowances therefor, as au-
22 thorized by 5 U.S.C. 5901–5902; services as authorized
23 by 5 U.S.C. 3109; hire of passenger motor vehicles; and
25 tion expenses, $351,000,000, to remain available until ex-
December 21, 2020 (12:59 p.m.)

557
1 pended: Provided, That not to exceed $300,000 shall be
2 available for use to contract with a person or persons for
3 collection services in accordance with the terms of 31
4 U.S.C. 3718: Provided further, That, notwithstanding any
5 other provision of law, not to exceed $150,000,000 of off-
6 setting collections derived from fees collected for
7 premerger notification filings under the Hart-Scott-Ro-
8 dino Antitrust Improvements Act of 1976 (15 U.S.C.
9 18a), regardless of the year of collection, shall be retained
10 and used for necessary expenses in this appropriation:
11 Provided further, That, notwithstanding any other provi-
12 sion of law, not to exceed $19,000,000 in offsetting collec-
13 tions derived from fees sufficient to implement and enforce
14 the Telemarketing Sales Rule, promulgated under the
15 Telemarketing and Consumer Fraud and Abuse Preven-
16 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this
17 account, and be retained and used for necessary expenses
18 in this appropriation: Provided further, That the sum here-
19 in appropriated from the general fund shall be reduced
20 as such offsetting collections are received during fiscal
21 year 2021, so as to result in a final fiscal year 2021 appro-
23 $182,000,000: Provided further, That none of the funds
24 made available to the Federal Trade Commission may be
December 21, 2020 (12:59 p.m.)

558
1 used to implement subsection (e)(2)(B) of section 43 of
2 the Federal Deposit Insurance Act (12 U.S.C. 1831t).
3 GENERAL SERVICES ADMINISTRATION
4 REAL PROPERTY ACTIVITIES
5 FEDERAL BUILDINGS FUND
6 LIMITATIONS ON AVAILABILITY OF REVENUE
8 Amounts in the Fund, including revenues and collec-

9 tions deposited into the Fund, shall be available for nec-
10 essary expenses of real property management and related
11 activities not otherwise provided for, including operation,
12 maintenance, and protection of federally owned and leased
13 buildings; rental of buildings in the District of Columbia;
14 restoration of leased premises; moving governmental agen-
15 cies (including space adjustments and telecommunications
16 relocation expenses) in connection with the assignment, al-
17 location, and transfer of space; contractual services inci-
18 dent to cleaning or servicing buildings, and moving; repair
19 and alteration of federally owned buildings, including
20 grounds, approaches, and appurtenances; care and safe-
21 guarding of sites; maintenance, preservation, demolition,
22 and equipment; acquisition of buildings and sites by pur-
23 chase, condemnation, or as otherwise authorized by law;
24 acquisition of options to purchase buildings and sites; con-
25 version and extension of federally owned buildings; pre-
December 21, 2020 (12:59 p.m.)

559
1 liminary planning and design of projects by contract or
2 otherwise; construction of new buildings (including equip-
3 ment for such buildings); and payment of principal, inter-
4 est, and any other obligations for public buildings acquired
5 by installment purchase and purchase contract; in the ag-
6 gregate amount of $9,065,489,000, of which—
7 (1) $230,000,000 shall remain available until
8 expended for construction and acquisition (including
9 funds for sites and expenses, and associated design
10 and construction services) as follows:
11 (A) $135,500,000 shall be for the United
12 States Courthouse, Hartford, Connecticut; and
13 (B) $94,500,000 shall be for the United
14 States Courthouse, Chattanooga, Tennessee:
15 Provided, That each of the foregoing limits of costs
16 on new construction and acquisition projects may be
17 exceeded to the extent that savings are effected in
18 other such projects, but not to exceed 10 percent of
19 the amounts included in a transmitted prospectus, if
20 required, unless advance approval is obtained from
21 the Committees on Appropriations of a greater
22 amount;
24 expended for repairs and alterations, including asso-
25 ciated design and construction services, of which—
December 21, 2020 (12:59 p.m.)

560
1 (A) $203,908,000 is for Major Repairs and
2 Alterations; and
3 (B) $372,673,000 is for Basic Repairs and
4 Alterations:
5 Provided, That funds made available in this or any
6 previous Act in the Federal Buildings Fund for Re-
7 pairs and Alterations shall, for prospectus projects,
8 be limited to the amount identified for each project,
9 except each project in this or any previous Act may
10 be increased by an amount not to exceed 10 percent
11 unless advance approval is obtained from the Com-
12 mittees on Appropriations of a greater amount: Pro-
13 vided further, That additional projects for which
14 prospectuses have been fully approved may be fund-
15 ed under this category only if advance approval is
16 obtained from the Committees on Appropriations:
17 Provided further, That the amounts provided in this
18 or any prior Act for ‘‘Repairs and Alterations’’ may
19 be used to fund costs associated with implementing
20 security improvements to buildings necessary to
21 meet the minimum standards for security in accord-
22 ance with current law and in compliance with the re-
23 programming guidelines of the appropriate Commit-
24 tees of the House and Senate: Provided further,
25 That the difference between the funds appropriated
December 21, 2020 (12:59 p.m.)

561
1 and expended on any projects in this or any prior
2 Act, under the heading ‘‘Repairs and Alterations’’,
3 may be transferred to ‘‘Basic Repairs and Alter-
4 ations’’ or used to fund authorized increases in pro-
5 spectus projects: Provided further, That the amount
6 provided in this or any prior Act for ‘‘Basic Repairs
7 and Alterations’’ may be used to pay claims against
8 the Government arising from any projects under the
9 heading ‘‘Repairs and Alterations’’ or used to fund
10 authorized increases in prospectus projects;
11 (3) $5,725,464,000 for rental of space to re-
12 main available until expended; and
13 (4) $2,533,444,000 for building operations to
14 remain available until expended: Provided, That the
15 total amount of funds made available from this
16 Fund to the General Services Administration shall
17 not be available for expenses of any construction, re-
18 pair, alteration and acquisition project for which a
19 prospectus, if required by 40 U.S.C. 3307(a), has
20 not been approved, except that necessary funds may
21 be expended for each project for required expenses
22 for the development of a proposed prospectus: Pro-
23 vided further, That funds available in the Federal
24 Buildings Fund may be expended for emergency re-
25 pairs when advance approval is obtained from the
December 21, 2020 (12:59 p.m.)

562
1 Committees on Appropriations: Provided further,
2 That amounts necessary to provide reimbursable
3 special services to other agencies under 40 U.S.C.
4 592(b)(2) and amounts to provide such reimbursable
5 fencing, lighting, guard booths, and other facilities
6 on private or other property not in Government own-
7 ership or control as may be appropriate to enable
8 the United States Secret Service to perform its pro-
9 tective functions pursuant to 18 U.S.C. 3056, shall
10 be available from such revenues and collections: Pro-
11 vided further, That revenues and collections and any
12 other sums accruing to this Fund during fiscal year
13 2021, excluding reimbursements under 40 U.S.C.
14 592(b)(2), in excess of the aggregate new
15 obligational authority authorized for Real Property
16 Activities of the Federal Buildings Fund in this Act
17 shall remain in the Fund and shall not be available
18 for expenditure except as authorized in appropria-
19 tions Acts.
20 GENERAL ACTIVITIES
21 GOVERNMENT-WIDE POLICY
22 For expenses authorized by law, not otherwise pro-

23 vided for, for Government-wide policy and evaluation ac-
24 tivities associated with the management of real and per-
25 sonal property assets and certain administrative services;
December 21, 2020 (12:59 p.m.)

563
1 Government-wide policy support responsibilities relating to
2 acquisition, travel, motor vehicles, information technology
3 management, and related technology activities; and serv-
4 ices as authorized by 5 U.S.C. 3109; $64,000,000.

7 vided for, for Government-wide activities associated with
8 utilization and donation of surplus personal property; dis-
9 posal of real property; agency-wide policy direction, man-
10 agement, and communications; and services as authorized
11 by 5 U.S.C. 3109; $49,440,000, of which $26,890,000 is
12 for Real and Personal Property Management and Dis-
13 posal; and of which $22,550,000 is for the Office of the
14 Administrator, of which not to exceed $7,500 is for official
16 CIVILIAN BOARD OF CONTRACT APPEALS

18 vided for, for the activities associated with the Civilian
19 Board of Contract Appeals, $9,301,000, of which
21 2022.

24 General and service authorized by 5 U.S.C. 3109,
25 $67,000,000: Provided, That not to exceed $50,000 shall
December 21, 2020 (12:59 p.m.)

564
1 be available for payment for information and detection of
2 fraud against the Government, including payment for re-
3 covery of stolen Government property: Provided further,
4 That not to exceed $2,500 shall be available for awards
5 to employees of other Federal agencies and private citizens
6 in recognition of efforts and initiatives resulting in en-
7 hanced Office of Inspector General effectiveness.
8 ALLOWANCES AND OFFICE STAFF FOR FORMER
9 PRESIDENTS
10 For carrying out the provisions of the Act of August

11 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138,
12 $4,400,000.
13 FEDERAL CITIZEN SERVICES FUND
15 For necessary expenses of the Office of Products and

16 Programs, including services authorized by 40 U.S.C. 323
17 and 44 U.S.C. 3604; and for necessary expenses in sup-
18 port of interagency projects that enable the Federal Gov-
19 ernment to enhance its ability to conduct activities elec-
20 tronically, through the development and implementation of
21 innovative uses of information technology; $55,000,000, to
22 be deposited into the Federal Citizen Services Fund: Pro-
23 vided, That the previous amount may be transferred to
24 Federal agencies to carry out the purpose of the Federal
25 Citizen Services Fund: Provided further, That the appro-
December 21, 2020 (12:59 p.m.)

565
1 priations, revenues, reimbursements, and collections de-
2 posited into the Fund shall be available until expended for
3 necessary expenses of Federal Citizen Services and other
4 activities that enable the Federal Government to enhance
5 its ability to conduct activities electronically in the aggre-
6 gate amount not to exceed $100,000,000: Provided fur-
7 ther, That appropriations, revenues, reimbursements, and
8 collections accruing to this Fund during fiscal year 2021
9 in excess of such amount shall remain in the Fund and
10 shall not be available for expenditure except as authorized
11 in appropriations Acts: Provided further, That, of the total
12 amount appropriated, up to $5,000,000 shall be available
13 for support functions and full-time hires to support activi-
14 ties related to the Administration’s requirements under
15 title II of the Foundations for Evidence-Based Policy-
16 making Act (Public Law 115–435): Provided further, That
17 the transfer authorities provided herein shall be in addi-
18 tion to any other transfer authority provided in this Act.
19 EXPENSES, PRESIDENTIAL TRANSITION
21 For necessary expenses to carry out the Presidential

22 Transition Act of 1963 (3 U.S.C. 102 note) and 40 U.S.C.
23 581(e), $9,900,000, of which not to exceed $1,000,000 is
24 for activities authorized by sections 3(a)(8) and 3(a)(9)
25 of the Act: Provided, That such amounts may be trans-
December 21, 2020 (12:59 p.m.)

566
1 ferred and credited to the ‘‘Acquisition Services Fund’’ or
2 ‘‘Federal Buildings Fund’’ to reimburse obligations in-
3 curred prior to enactment of this Act for the purposes pro-
4 vided herein related to the Presidential election in 2020:
5 Provided further, That amounts available under this head-
6 ing shall be in addition to any other amounts available
7 for such purposes: Provided further, That in the case
8 where the President-elect is the incumbent President or
9 in the case where the Vice-President-elect is the incumbent
10 Vice President, $8,900,000 is hereby permanently re-
11 scinded, pursuant to section 3(g) of the Presidential Tran-
12 sition Act of 1963.
13 TECHNOLOGY MODERNIZATION FUND
14 For the Technology Modernization Fund,

15 $25,000,000, to remain available until expended, for tech-
16 nology-related modernization activities.
17 ASSET PROCEEDS AND SPACE MANAGEMENT FUND
18 For carrying out section 16(b) of the Federal Assets

19 Sale and Transfer Act of 2016 (40 U.S.C. 1303 note),
December 21, 2020 (12:59 p.m.)

567
1 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES
2 ADMINISTRATION
4 SEC. 520. Funds available to the General Services

5 Administration shall be available for the hire of passenger
6 motor vehicles.
7 SEC. 521. Funds in the Federal Buildings Fund
8 made available for fiscal year 2021 for Federal Buildings
9 Fund activities may be transferred between such activities
10 only to the extent necessary to meet program require-
11 ments: Provided, That any proposed transfers shall be ap-
12 proved in advance by the Committees on Appropriations
13 of the House of Representatives and the Senate.
14 SEC. 522. Except as otherwise provided in this title,
15 funds made available by this Act shall be used to transmit
16 a fiscal year 2022 request for United States Courthouse
17 construction only if the request: (1) meets the design guide
18 standards for construction as established and approved by
19 the General Services Administration, the Judicial Con-
20 ference of the United States, and the Office of Manage-
21 ment and Budget; (2) reflects the priorities of the Judicial
22 Conference of the United States as set out in its approved
23 Courthouse Project Priorities plan; and (3) includes a
24 standardized courtroom utilization study of each facility
25 to be constructed, replaced, or expanded.
December 21, 2020 (12:59 p.m.)

568
1 SEC. 523. None of the funds provided in this Act may
2 be used to increase the amount of occupiable square feet,
3 provide cleaning services, security enhancements, or any
4 other service usually provided through the Federal Build-
5 ings Fund, to any agency that does not pay the rate per
6 square foot assessment for space and services as deter-
7 mined by the General Services Administration in consider-
8 ation of the Public Buildings Amendments Act of 1972
10 SEC. 524. From funds made available under the
11 heading ‘‘Federal Buildings Fund, Limitations on Avail-
12 ability of Revenue’’, claims against the Government of less
13 than $250,000 arising from direct construction projects
14 and acquisition of buildings may be liquidated from sav-
15 ings effected in other construction projects with prior noti-
16 fication to the Committees on Appropriations of the House
17 of Representatives and the Senate.
18 SEC. 525. In any case in which the Committee on
19 Transportation and Infrastructure of the House of Rep-
20 resentatives and the Committee on Environment and Pub-
21 lic Works of the Senate adopt a resolution granting lease
22 authority pursuant to a prospectus transmitted to Con-
23 gress by the Administrator of the General Services Admin-
24 istration under 40 U.S.C. 3307, the Administrator shall
25 ensure that the delineated area of procurement is identical
December 21, 2020 (12:59 p.m.)

569
1 to the delineated area included in the prospectus for all
2 lease agreements, except that, if the Administrator deter-
3 mines that the delineated area of the procurement should
4 not be identical to the delineated area included in the pro-
5 spectus, the Administrator shall provide an explanatory
6 statement to each of such committees and the Committees
8 Senate prior to exercising any lease authority provided in
9 the resolution.
10 SEC. 526. With respect to each project funded under
11 the heading ‘‘Major Repairs and Alterations’’, and with
12 respect to E–Government projects funded under the head-
13 ing ‘‘Federal Citizen Services Fund’’, the Administrator
14 of General Services shall submit a spending plan and ex-
15 planation for each project to be undertaken to the Com-
17 and the Senate not later than 60 days after the date of
18 enactment of this Act.
19 HARRY S TRUMAN SCHOLARSHIP FOUNDATION
21 For payment to the Harry S Truman Scholarship

22 Foundation Trust Fund, established by section 10 of Pub-
23 lic Law 93–642, $2,000,000, to remain available until ex-
24 pended.
December 21, 2020 (12:59 p.m.)

570
1 MERIT SYSTEMS PROTECTION BOARD

5 Merit Systems Protection Board pursuant to Reorganiza-
6 tion Plan Numbered 2 of 1978, the Civil Service Reform
7 Act of 1978, and the Whistleblower Protection Act of
8 1989 (5 U.S.C. 5509 note), including services as author-
9 ized by 5 U.S.C. 3109, rental of conference rooms in the
10 District of Columbia and elsewhere, hire of passenger
11 motor vehicles, direct procurement of survey printing, and
13 tion expenses, $44,490,000, to remain available until Sep-
14 tember 30, 2022, and in addition not to exceed
16 for administrative expenses to adjudicate retirement ap-
17 peals to be transferred from the Civil Service Retirement
18 and Disability Fund in amounts determined by the Merit
19 Systems Protection Board.
20 MORRIS K. UDALL AND STEWART L. UDALL
21 FOUNDATION
22 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
24 For payment to the Morris K. Udall and Stewart L.

25 Udall Trust Fund, pursuant to the Morris K. Udall and
December 21, 2020 (12:59 p.m.)

571
1 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et
2 seq.), $1,800,000, to remain available until expended, of
3 which, notwithstanding sections 8 and 9 of such Act, up
4 to $1,000,000 shall be available to carry out the activities
5 authorized by section 6(7) of Public Law 102–259 and
6 section 817(a) of Public Law 106–568 (20 U.S.C.
7 5604(7)): Provided, That all current and previous
8 amounts transferred to the Office of Inspector General of
9 the Department of the Interior will remain available until
10 expended for audits and investigations of the Morris K.
11 Udall and Stewart L. Udall Foundation, consistent with
12 the Inspector General Act of 1978 (5 U.S.C. App.), as
13 amended, and for annual independent financial audits of
14 the Morris K. Udall and Stewart L. Udall Foundation
15 pursuant to the Accountability of Tax Dollars Act of 2002
16 (Public Law 107–289): Provided further, That previous
17 amounts transferred to the Office of Inspector General of
18 the Department of the Interior may be transferred to the
19 Morris K. Udall and Stewart L. Udall Foundation for an-
20 nual independent financial audits pursuant to the Ac-
21 countability of Tax Dollars Act of 2002 (Public Law 107–
22 289).
23 ENVIRONMENTAL DISPUTE RESOLUTION FUND
24 For payment to the Environmental Dispute Resolu-

25 tion Fund to carry out activities authorized in the Envi-
December 21, 2020 (12:59 p.m.)

572
1 ronmental Policy and Conflict Resolution Act of 1998,
3 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
5 For necessary expenses in connection with the admin-

6 istration of the National Archives and Records Adminis-
7 tration and archived Federal records and related activities,
8 as provided by law, and for expenses necessary for the re-
9 view and declassification of documents, the activities of
10 the Public Interest Declassification Board, the operations
11 and maintenance of the electronic records archives, the
12 hire of passenger motor vehicles, and for uniforms or al-
13 lowances therefor, as authorized by law (5 U.S.C. 5901),
14 including maintenance, repairs, and cleaning,
15 $377,000,000, of which $9,230,000 shall remain available
16 until expended for improvements necessary to enhance the
17 Federal Government’s ability to electronically preserve,
18 manage, and store Government records, and of which up
19 to $2,000,000 shall remain available until expended to im-
20 plement the Civil Rights Cold Case Records Collection Act
21 of 2018 (Public Law 115–426).

25 General Reform Act of 2008, Public Law 110–409, 122
December 21, 2020 (12:59 p.m.)

573
1 Stat. 4302–16 (2008), and the Inspector General Act of
2 1978 (5 U.S.C. App.), and for the hire of passenger motor
3 vehicles, $4,823,000.
4 REPAIRS AND RESTORATION
5 For the repair, alteration, and improvement of ar-

6 chives facilities, and to provide adequate storage for hold-
7 ings, $9,500,000, to remain available until expended.
8 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS
9 COMMISSION
10 GRANTS PROGRAM
11 For necessary expenses for allocations and grants for

12 historical publications and records as authorized by 44
13 U.S.C. 2504, $6,500,000, to remain available until ex-
14 pended.
15 NATIONAL CREDIT UNION ADMINISTRATION
16 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
17 For the Community Development Revolving Loan

18 Fund program as authorized by 42 U.S.C. 9812, 9822
19 and 9910, $1,500,000 shall be available until September
20 30, 2022, for technical assistance to low-income des-
21 ignated credit unions.
22 OFFICE OF GOVERNMENT ETHICS

25 Office of Government Ethics pursuant to the Ethics in
December 21, 2020 (12:59 p.m.)

574
1 Government Act of 1978, the Ethics Reform Act of 1989,
2 and the Stop Trading on Congressional Knowledge Act of
3 2012, including services as authorized by 5 U.S.C. 3109,
4 rental of conference rooms in the District of Columbia and
5 elsewhere, hire of passenger motor vehicles, and not to ex-
6 ceed $1,500 for official reception and representation ex-
7 penses, $18,600,000.
8 OFFICE OF PERSONNEL MANAGEMENT
10 (INCLUDING TRANSFER OF TRUST FUNDS)

12 Office of Personnel Management (OPM) pursuant to Re-
13 organization Plan Numbered 2 of 1978 and the Civil Serv-
14 ice Reform Act of 1978, including services as authorized
15 by 5 U.S.C. 3109; medical examinations performed for
16 veterans by private physicians on a fee basis; rental of con-
17 ference rooms in the District of Columbia and elsewhere;
18 hire of passenger motor vehicles; not to exceed $2,500 for
19 official reception and representation expenses; and pay-
20 ment of per diem and/or subsistence allowances to employ-
21 ees where Voting Rights Act activities require an employee
22 to remain overnight at his or her post of duty,
23 $160,130,000: Provided, That of the total amount made
24 available under this heading, at least $9,000,000 shall re-
25 main available until expended, for information technology
December 21, 2020 (12:59 p.m.)

575
1 infrastructure modernization and Trust Fund Federal Fi-
2 nancial System migration or modernization, and shall be
3 in addition to funds otherwise made available for such pur-
4 poses: Provided further, That of the total amount made
5 available under this heading, not less than $350,000 shall
6 be used to hire additional congressional liaisons: Provided
7 further, That of the total amount made available under
8 this heading, $1,068,000 may be made available for
9 strengthening the capacity and capabilities of the acquisi-
10 tion workforce (as defined by the Office of Federal Pro-
11 curement Policy Act, as amended (41 U.S.C. 4001 et
12 seq.)), including the recruitment, hiring, training, and re-
13 tention of such workforce and information technology in
14 support of acquisition workforce effectiveness or for man-
15 agement solutions to improve acquisition management;
16 and in addition $169,625,000 for administrative expenses,
17 to be transferred from the appropriate trust funds of OPM
18 without regard to other statutes, including direct procure-
19 ment of printed materials, for the retirement and insur-
20 ance programs: Provided further, That the provisions of
21 this appropriation shall not affect the authority to use ap-
22 plicable trust funds as provided by sections 8348(a)(1)(B),
23 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title
24 5, United States Code: Provided further, That no part of
25 this appropriation shall be available for salaries and ex-
December 21, 2020 (12:59 p.m.)

576
1 penses of the Legal Examining Unit of OPM established
2 pursuant to Executive Order No. 9358 of July 1, 1943,
3 or any successor unit of like purpose: Provided further,
4 That the President’s Commission on White House Fel-
5 lows, established by Executive Order No. 11183 of Octo-
6 ber 3, 1964, may, during fiscal year 2021, accept dona-
7 tions of money, property, and personal services: Provided
8 further, That such donations, including those from prior
9 years, may be used for the development of publicity mate-
10 rials to provide information about the White House Fel-
11 lows, except that no such donations shall be accepted for
12 travel or reimbursement of travel expenses, or for the sala-
13 ries of employees of such Commission.
16 (INCLUDING TRANSFER OF TRUST FUNDS)

19 General Act of 1978, including services as authorized by
20 5 U.S.C. 3109, hire of passenger motor vehicles,
21 $5,000,000, and in addition, not to exceed $27,265,000
22 for administrative expenses to audit, investigate, and pro-
23 vide other oversight of the Office of Personnel Manage-
24 ment’s retirement and insurance programs, to be trans-
25 ferred from the appropriate trust funds of the Office of
December 21, 2020 (12:59 p.m.)

577
1 Personnel Management, as determined by the Inspector
2 General: Provided, That the Inspector General is author-
3 ized to rent conference rooms in the District of Columbia
4 and elsewhere.
5 OFFICE OF SPECIAL COUNSEL

8 Office of Special Counsel, including services as authorized
9 by 5 U.S.C. 3109, payment of fees and expenses for wit-
10 nesses, rental of conference rooms in the District of Co-
11 lumbia and elsewhere, and hire of passenger motor vehi-
12 cles; $29,500,000.
13 POSTAL REGULATORY COMMISSION
16 For necessary expenses of the Postal Regulatory

17 Commission in carrying out the provisions of the Postal
18 Accountability and Enhancement Act (Public Law 109–
19 435), $17,000,000, to be derived by transfer from the
20 Postal Service Fund and expended as authorized by sec-
21 tion 603(a) of such Act.
22 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
24 For necessary expenses of the Privacy and Civil Lib-

25 erties Oversight Board, as authorized by section 1061 of
December 21, 2020 (12:59 p.m.)

578
1 the Intelligence Reform and Terrorism Prevention Act of
2 2004 (42 U.S.C. 2000ee), $8,500,000, to remain available
4 PUBLIC BUILDINGS REFORM BOARD
6 For salaries and expenses of the Public Buildings Re-

7 form Board in carrying out the Federal Assets Sale and
8 Transfer Act of 2016 (Public Law 114–287), $3,500,000,
10 SECURITIES AND EXCHANGE COMMISSION
12 For necessary expenses for the Securities and Ex-

13 change Commission, including services as authorized by
14 5 U.S.C. 3109, the rental of space (to include multiple
15 year leases) in the District of Columbia and elsewhere, and
17 tion expenses, $1,894,835,000, to remain available until
18 expended; of which not less than $16,313,000 shall be for
19 the Office of Inspector General; of which not to exceed
20 $75,000 shall be available for a permanent secretariat for
21 the International Organization of Securities Commissions;
22 and of which not to exceed $100,000 shall be available
23 for expenses for consultations and meetings hosted by the
24 Commission with foreign governmental and other regu-
25 latory officials, members of their delegations and staffs to
December 21, 2020 (12:59 p.m.)

579
1 exchange views concerning securities matters, such ex-
2 penses to include necessary logistic and administrative ex-
3 penses and the expenses of Commission staff and foreign
4 invitees in attendance including: (1) incidental expenses
5 such as meals; (2) travel and transportation; and (3) re-
6 lated lodging or subsistence.
7 In addition to the foregoing appropriation, for move,
8 replication, and related costs associated with a replace-
9 ment lease for the Commission’s District of Columbia
10 headquarters, not to exceed $18,650,000, to remain avail-
11 able until expended; and for move, replication, and related
12 costs associated with a replacement lease for the Commis-
13 sion’s San Francisco Regional Office facilities, not to ex-
14 ceed $12,677,000, to remain available until expended.
15 For purposes of calculating the fee rate under section
16 31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
17 78ee(j)) for fiscal year 2021, all amounts appropriated
18 under this heading shall be deemed to be the regular ap-
19 propriation to the Commission for fiscal year 2021: Pro-
20 vided, That fees and charges authorized by section 31 of
21 the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
22 shall be credited to this account as offsetting collections:
23 Provided further, That not to exceed $1,894,835,000 of
24 such offsetting collections shall be available until expended
25 for necessary expenses of this account; not to exceed
December 21, 2020 (12:59 p.m.)

580
1 $18,650,000 of such offsetting collections shall be avail-
2 able until expended for move, replication, and related costs
3 under this heading associated with a replacement lease for
4 the Commission’s District of Columbia headquarters facili-
5 ties; and not to exceed $12,677,000 of such offsetting col-
6 lections shall be available until expended for move, replica-
7 tion, and related costs under this heading associated with
8 a replacement lease for the Commission’s San Francisco
9 Regional Office facilities: Provided further, That the total
10 amount appropriated under this heading from the general
11 fund for fiscal year 2021 shall be reduced as such offset-
12 ting fees are received so as to result in a final total fiscal
13 year 2021 appropriation from the general fund estimated
14 at not more than $0: Provided further, That if any amount
15 of the appropriation for move, replication, and related
16 costs associated with a replacement lease for the Commis-
17 sion’s District of Columbia headquarters office facilities
18 or if any amount of the appropriation for costs associated
19 with a replacement lease for the Commission’s San Fran-
20 cisco Regional Office is subsequently de-obligated by the
21 Commission, such amount that was derived from the gen-
22 eral fund shall be returned to the general fund, and such
23 amounts that were derived from fees or assessments col-
24 lected for such purpose shall be paid to each national secu-
25 rities exchange and national securities association, respec-
December 21, 2020 (12:59 p.m.)

581
1 tively, in proportion to any fees or assessments paid by
2 such national securities exchange or national securities as-
3 sociation under section 31 of the Securities Exchange Act
4 of 1934 (15 U.S.C. 78ee) in fiscal year 2021.
5 SELECTIVE SERVICE SYSTEM
7 For necessary expenses of the Selective Service Sys-

8 tem, including expenses of attendance at meetings and of
9 training for uniformed personnel assigned to the Selective
10 Service System, as authorized by 5 U.S.C. 4101–4118 for
11 civilian employees; hire of passenger motor vehicles; serv-
12 ices as authorized by 5 U.S.C. 3109; and not to exceed
13 $750 for official reception and representation expenses;
14 $26,000,000: Provided, That during the current fiscal
15 year, the President may exempt this appropriation from
16 the provisions of 31 U.S.C. 1341, whenever the President
17 deems such action to be necessary in the interest of na-
18 tional defense: Provided further, That none of the funds
19 appropriated by this Act may be expended for or in con-
20 nection with the induction of any person into the Armed
21 Forces of the United States.
22 SMALL BUSINESS ADMINISTRATION

25 of the Small Business Administration, including hire of
December 21, 2020 (12:59 p.m.)

582
1 passenger motor vehicles as authorized by sections 1343
2 and 1344 of title 31, United States Code, and not to ex-
3 ceed $3,500 for official reception and representation ex-
4 penses, $270,157,000, of which not less than $12,000,000
5 shall be available for examinations, reviews, and other
6 lender oversight activities: Provided, That the Adminis-
7 trator is authorized to charge fees to cover the cost of pub-
8 lications developed by the Small Business Administration,
9 and certain loan program activities, including fees author-
10 ized by section 5(b) of the Small Business Act: Provided
11 further, That, notwithstanding 31 U.S.C. 3302, revenues
12 received from all such activities shall be credited to this
13 account, to remain available until expended, for carrying
14 out these purposes without further appropriations: Pro-
15 vided further, That the Small Business Administration
16 may accept gifts in an amount not to exceed $4,000,000
17 and may co-sponsor activities, each in accordance with sec-
18 tion 132(a) of division K of Public Law 108–447, during
19 fiscal year 2021: Provided further, That $6,100,000 shall
20 be available for the Loan Modernization and Accounting
21 System, to be available until September 30, 2022.
22 ENTREPRENEURIAL DEVELOPMENT PROGRAMS
23 For necessary expenses of programs supporting en-

24 trepreneurial and small business development,
December 21, 2020 (12:59 p.m.)

583
1 2022: Provided, That $136,000,000 shall be available to
2 fund grants for performance in fiscal year 2021 or fiscal
3 year 2022 as authorized by section 21 of the Small Busi-
4 ness Act: Provided further, That $35,000,000 shall be for
5 marketing, management, and technical assistance under
6 section 7(m) of the Small Business Act (15 U.S.C.
7 636(m)(4)) by intermediaries that make microloans under
8 the microloan program: Provided further, That
9 $19,500,000 shall be available for grants to States to
10 carry out export programs that assist small business con-
11 cerns authorized under section 22(l) of the Small Business
12 Act (15 U.S.C. 649(l)).

16 General Act of 1978, $22,011,000.
17 OFFICE OF ADVOCACY
18 For necessary expenses of the Office of Advocacy in

19 carrying out the provisions of title II of Public Law 94–
20 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi-
21 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,190,000, to
December 21, 2020 (12:59 p.m.)

584
1 BUSINESS LOANS PROGRAM ACCOUNT
3 For the cost of direct loans, $5,000,000, to remain

4 available until expended, and for the cost of guaranteed
5 loans as authorized by section 7(a) of the Small Business
6 Act (Public Law 83–163), $15,000,000, to remain avail-
7 able until expended: Provided, That such costs, including
8 the cost of modifying such loans, shall be as defined in
9 section 502 of the Congressional Budget Act of 1974: Pro-
10 vided further, That subject to section 502 of the Congres-
11 sional Budget Act of 1974, during fiscal year 2021 com-
12 mitments to guarantee loans under section 503 of the
13 Small Business Investment Act of 1958 shall not exceed
14 $7,500,000,000: Provided further, That during fiscal year
15 2021 commitments for general business loans authorized
16 under paragraphs (1) through (35) of section 7(a) of the
17 Small Business Act shall not exceed $30,000,000,000 for
18 a combination of amortizing term loans and the aggre-
19 gated maximum line of credit provided by revolving loans:
20 Provided further, That during fiscal year 2021 commit-
21 ments for loans authorized under subparagraph (C) of sec-
22 tion 502(7) of the Small Business Investment Act of 1958
23 (15 U.S.C. 696(7)) shall not exceed $7,500,000,000: Pro-
24 vided further, That during fiscal year 2021 commitments
25 to guarantee loans for debentures under section 303(b)
December 21, 2020 (12:59 p.m.)

585
1 of the Small Business Investment Act of 1958 shall not
2 exceed $4,000,000,000: Provided further, That during fis-
3 cal year 2021, guarantees of trust certificates authorized
4 by section 5(g) of the Small Business Act shall not exceed
5 a principal amount of $13,000,000,000. In addition, for
6 administrative expenses to carry out the direct and guar-
7 anteed loan programs, $160,300,000, which may be trans-
8 ferred to and merged with the appropriations for Salaries
9 and Expenses.
10 DISASTER LOANS PROGRAM ACCOUNT
12 For administrative expenses to carry out the direct

13 loan program authorized by section 7(b) of the Small
14 Business Act, $168,075,000, to be available until ex-
15 pended, of which $1,600,000 is for the Office of Inspector
16 General of the Small Business Administration for audits
17 and reviews of disaster loans and the disaster loan pro-
18 grams and shall be transferred to and merged with the
19 appropriations for the Office of Inspector General; of
20 which $158,075,000 is for direct administrative expenses
21 of loan making and servicing to carry out the direct loan
22 program, which may be transferred to and merged with
23 the appropriations for Salaries and Expenses; and of
24 which $8,400,000 is for indirect administrative expenses
25 for the direct loan program, which may be transferred to
December 21, 2020 (12:59 p.m.)

586
1 and merged with the appropriations for Salaries and Ex-
2 penses: Provided, That, of the funds provided under this
3 heading, $142,864,000 shall be for major disasters de-
4 clared pursuant to the Robert T. Stafford Disaster Relief
5 and Emergency Assistance Act (42 U.S.C. 5122(2)): Pro-
6 vided further, That the amount for major disasters under
7 this heading is designated by Congress as being for dis-
8 aster relief pursuant to section 251(b)(2)(D) of the Bal-
10 (Public Law 99–177).
11 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS
12 ADMINISTRATION

15 tion made available for the current fiscal year for the
16 Small Business Administration in this Act may be trans-
17 ferred between such appropriations, but no such appro-
18 priation shall be increased by more than 10 percent by
19 any such transfers: Provided, That any transfer pursuant
20 to this paragraph shall be treated as a reprogramming of
21 funds under section 608 of this Act and shall not be avail-
23 with the procedures set forth in that section.
25 tion made available in this Act for the Small Business Ad-
December 21, 2020 (12:59 p.m.)

587
1 ministration under the headings ‘‘Salaries and Expenses’’
2 and ‘‘Business Loans Program Account’’ may be trans-
3 ferred to the Administration’s information technology sys-
4 tem modernization and working capital fund (IT WCF),
5 as authorized by section 1077(b)(1) of title X of division
6 A of the National Defense Authorization Act for Fiscal
7 Year 2018, for the purposes specified in section
8 1077(b)(3) of such Act, upon the advance approval of the
10 atives and the Senate: Provided, That amounts transferred
11 to the IT WCF under this section shall remain available
12 for obligation through September 30, 2024.
13 UNITED STATES POSTAL SERVICE
14 PAYMENT TO THE POSTAL SERVICE FUND
15 For payment to the Postal Service Fund for revenue

16 forgone on free and reduced rate mail, pursuant to sub-
17 sections (c) and (d) of section 2401 of title 39, United
18 States Code, $55,333,000: Provided, That mail for over-
19 seas voting and mail for the blind shall continue to be free:
20 Provided further, That 6-day delivery and rural delivery
21 of mail shall continue at not less than the 1983 level: Pro-
22 vided further, That none of the funds made available to
23 the Postal Service by this Act shall be used to implement
24 any rule, regulation, or policy of charging any officer or
25 employee of any State or local child support enforcement
December 21, 2020 (12:59 p.m.)

588
1 agency, or any individual participating in a State or local
2 program of child support enforcement, a fee for informa-
3 tion requested or provided concerning an address of a
4 postal customer: Provided further, That none of the funds
5 provided in this Act shall be used to consolidate or close
6 small rural and other small post offices: Provided further,
7 That the Postal Service may not destroy, and shall con-
8 tinue to offer for sale, any copies of the Multinational Spe-
9 cies Conservation Funds Semipostal Stamp, as authorized
10 under the Multinational Species Conservation Funds
11 Semipostal Stamp Act of 2010 (Public Law 111–241).

17 General Act of 1978, $250,000,000, to be derived by
18 transfer from the Postal Service Fund and expended as
19 authorized by section 603(b)(3) of the Postal Account-
20 ability and Enhancement Act (Public Law 109–435).
21 UNITED STATES TAX COURT
23 For necessary expenses, including contract reporting

24 and other services as authorized by 5 U.S.C. 3109, and
December 21, 2020 (12:59 p.m.)

589
1 tion expenses; $56,100,000, of which $1,000,000 shall re-
2 main available until expended: Provided, That travel ex-
3 penses of the judges shall be paid upon the written certifi-
4 cate of the judge.
December 21, 2020 (12:59 p.m.)

590
1 TITLE VI
2 GENERAL PROVISIONS—THIS ACT

5 for the planning or execution of any program to pay the
6 expenses of, or otherwise compensate, non-Federal parties
7 intervening in regulatory or adjudicatory proceedings
8 funded in this Act.
10 shall remain available for obligation beyond the current
11 fiscal year, nor may any be transferred to other appropria-
12 tions, unless expressly so provided herein.
15 ment contract pursuant to 5 U.S.C. 3109, shall be limited
16 to those contracts where such expenditures are a matter
17 of public record and available for public inspection, except
18 where otherwise provided under existing law, or under ex-
19 isting Executive order issued pursuant to existing law.
December 21, 2020 (12:59 p.m.)

591
2 Act shall be available for any activity or for paying the
3 salary of any Government employee where funding an ac-
4 tivity or paying a salary to a Government employee would
5 result in a decision, determination, rule, regulation, or pol-
6 icy that would prohibit the enforcement of section 307 of
7 the Tariff Act of 1930 (19 U.S.C. 1307).
8 SEC. 606. No funds appropriated pursuant to this
9 Act may be expended by an entity unless the entity agrees
10 that in expending the assistance the entity will comply
11 with chapter 83 of title 41, United States Code.
12 SEC. 607. No funds appropriated or otherwise made
13 available under this Act shall be made available to any
14 person or entity that has been convicted of violating chap-
15 ter 83 of title 41, United States Code.
16 SEC. 608. Except as otherwise provided in this Act,
17 none of the funds provided in this Act, provided by pre-
18 vious appropriations Acts to the agencies or entities fund-
19 ed in this Act that remain available for obligation or ex-
20 penditure in fiscal year 2021, or provided from any ac-
21 counts in the Treasury derived by the collection of fees
22 and available to the agencies funded by this Act, shall be
24 programming of funds that: (1) creates a new program;
25 (2) eliminates a program, project, or activity; (3) increases
December 21, 2020 (12:59 p.m.)

592
1 funds or personnel for any program, project, or activity
2 for which funds have been denied or restricted by the Con-
3 gress; (4) proposes to use funds directed for a specific ac-
4 tivity by the Committee on Appropriations of either the
5 House of Representatives or the Senate for a different
6 purpose; (5) augments existing programs, projects, or ac-
7 tivities in excess of $5,000,000 or 10 percent, whichever
8 is less; (6) reduces existing programs, projects, or activi-
9 ties by $5,000,000 or 10 percent, whichever is less; or (7)
10 creates or reorganizes offices, programs, or activities un-
11 less prior approval is received from the Committees on Ap-
13 ate: Provided, That prior to any significant reorganization,
14 restructuring, relocation, or closing of offices, programs,
15 or activities, each agency or entity funded in this Act shall
16 consult with the Committees on Appropriations of the
17 House of Representatives and the Senate: Provided fur-
18 ther, That not later than 60 days after the date of enact-
19 ment of this Act, each agency funded by this Act shall
20 submit a report to the Committees on Appropriations of
21 the House of Representatives and the Senate to establish
22 the baseline for application of reprogramming and trans-
23 fer authorities for the current fiscal year: Provided further,
24 That at a minimum the report shall include: (1) a table
25 for each appropriation, detailing both full-time employee
December 21, 2020 (12:59 p.m.)

593
1 equivalents and budget authority, with separate columns
2 to display the prior year enacted level, the President’s
3 budget request, adjustments made by Congress, adjust-
4 ments due to enacted rescissions, if appropriate, and the
5 fiscal year enacted level; (2) a delineation in the table for
6 each appropriation and its respective prior year enacted
7 level by object class and program, project, and activity as
8 detailed in this Act, in the accompanying report, or in the
9 budget appendix for the respective appropriation, which-
10 ever is more detailed, and which shall apply to all items
11 for which a dollar amount is specified and to all programs
12 for which new budget authority is provided, as well as to
13 discretionary grants and discretionary grant allocations;
14 and (3) an identification of items of special congressional
15 interest: Provided further, That the amount appropriated
16 or limited for salaries and expenses for an agency shall
17 be reduced by $100,000 per day for each day after the
18 required date that the report has not been submitted to
19 the Congress.
20 SEC. 609. Except as otherwise specifically provided
21 by law, not to exceed 50 percent of unobligated balances
22 remaining available at the end of fiscal year 2021 from
23 appropriations made available for salaries and expenses
24 for fiscal year 2021 in this Act, shall remain available
25 through September 30, 2022, for each such account for
December 21, 2020 (12:59 p.m.)

594
1 the purposes authorized: Provided, That a request shall
3 House of Representatives and the Senate for approval
4 prior to the expenditure of such funds: Provided further,
5 That these requests shall be made in compliance with re-
6 programming guidelines.
8 this Act may be used by the Executive Office of the Presi-
9 dent to request—
10 (1) any official background investigation report
11 on any individual from the Federal Bureau of Inves-
12 tigation; or
13 (2) a determination with respect to the treat-
14 ment of an organization as described in section
15 501(c) of the Internal Revenue Code of 1986 and
16 exempt from taxation under section 501(a) of such
17 Code from the Department of the Treasury or the
18 Internal Revenue Service.
19 (b) Subsection (a) shall not apply—
20 (1) in the case of an official background inves-
21 tigation report, if such individual has given express
22 written consent for such request not more than 6
23 months prior to the date of such request and during
24 the same presidential administration; or
December 21, 2020 (12:59 p.m.)

595
1 (2) if such request is required due to extraor-
2 dinary circumstances involving national security.
3 SEC. 611. The cost accounting standards promul-
4 gated under chapter 15 of title 41, United States Code
5 shall not apply with respect to a contract under the Fed-
6 eral Employees Health Benefits Program established
7 under chapter 89 of title 5, United States Code.
8 SEC. 612. For the purpose of resolving litigation and
9 implementing any settlement agreements regarding the
10 nonforeign area cost-of-living allowance program, the Of-
11 fice of Personnel Management may accept and utilize
12 (without regard to any restriction on unanticipated travel
13 expenses imposed in an Appropriations Act) funds made
14 available to the Office of Personnel Management pursuant
15 to court approval.
16 SEC. 613. No funds appropriated by this Act shall
17 be available to pay for an abortion, or the administrative
18 expenses in connection with any health plan under the
19 Federal employees health benefits program which provides
20 any benefits or coverage for abortions.
21 SEC. 614. The provision of section 613 shall not
22 apply where the life of the mother would be endangered
23 if the fetus were carried to term, or the pregnancy is the
24 result of an act of rape or incest.
December 21, 2020 (12:59 p.m.)

596
1 SEC. 615. In order to promote Government access to
2 commercial information technology, the restriction on pur-
3 chasing nondomestic articles, materials, and supplies set
4 forth in chapter 83 of title 41, United States Code (popu-
5 larly known as the Buy American Act), shall not apply
6 to the acquisition by the Federal Government of informa-
7 tion technology (as defined in section 11101 of title 40,
8 United States Code), that is a commercial item (as defined
9 in section 103 of title 41, United States Code).
10 SEC. 616. Notwithstanding section 1353 of title 31,
11 United States Code, no officer or employee of any regu-
12 latory agency or commission funded by this Act may ac-
13 cept on behalf of that agency, nor may such agency or
14 commission accept, payment or reimbursement from a
15 non-Federal entity for travel, subsistence, or related ex-
16 penses for the purpose of enabling an officer or employee
17 to attend and participate in any meeting or similar func-
18 tion relating to the official duties of the officer or em-
19 ployee when the entity offering payment or reimbursement
20 is a person or entity subject to regulation by such agency
21 or commission, or represents a person or entity subject
22 to regulation by such agency or commission, unless the
23 person or entity is an organization described in section
24 501(c)(3) of the Internal Revenue Code of 1986 and ex-
25 empt from tax under section 501(a) of such Code.
December 21, 2020 (12:59 p.m.)

597
1 SEC. 617. (a)(1) Notwithstanding any other provision
2 of law, an Executive agency covered by this Act otherwise
3 authorized to enter into contracts for either leases or the
4 construction or alteration of real property for office, meet-
5 ing, storage, or other space must consult with the General
6 Services Administration before issuing a solicitation for of-
7 fers of new leases or construction contracts, and in the
8 case of succeeding leases, before entering into negotiations
9 with the current lessor.
10 (2) Any such agency with authority to enter into an
11 emergency lease may do so during any period declared by
12 the President to require emergency leasing authority with
13 respect to such agency.
14 (b) For purposes of this section, the term ‘‘Executive
15 agency covered by this Act’’ means any Executive agency
16 provided funds by this Act, but does not include the Gen-
17 eral Services Administration or the United States Postal
18 Service.
19 SEC. 618. (a) There are appropriated for the fol-
20 lowing activities the amounts required under current law:
21 (1) Compensation of the President (3 U.S.C.
22 102).
23 (2) Payments to—
24 (A) the Judicial Officers’ Retirement Fund
25 (28 U.S.C. 377(o));
December 21, 2020 (12:59 p.m.)

598
1 (B) the Judicial Survivors’ Annuities Fund
2 (28 U.S.C. 376(c)); and
3 (C) the United States Court of Federal
4 Claims Judges’ Retirement Fund (28 U.S.C.
5 178(l)).
6 (3) Payment of Government contributions—
7 (A) with respect to the health benefits of
8 retired employees, as authorized by chapter 89
9 of title 5, United States Code, and the Retired
10 Federal Employees Health Benefits Act (74
11 Stat. 849); and
12 (B) with respect to the life insurance bene-
13 fits for employees retiring after December 31,
14 1989 (5 U.S.C. ch. 87).
15 (4) Payment to finance the unfunded liability of
16 new and increased annuity benefits under the Civil
17 Service Retirement and Disability Fund (5 U.S.C.
18 8348).
19 (5) Payment of annuities authorized to be paid
20 from the Civil Service Retirement and Disability
21 Fund by statutory provisions other than subchapter
22 III of chapter 83 or chapter 84 of title 5, United
23 States Code.
24 (b) Nothing in this section may be construed to ex-
25 empt any amount appropriated by this section from any
December 21, 2020 (12:59 p.m.)

599
1 otherwise applicable limitation on the use of funds con-
2 tained in this Act.
4 Act may be used by the Federal Trade Commission to
5 complete the draft report entitled ‘‘Interagency Working
6 Group on Food Marketed to Children: Preliminary Pro-
7 posed Nutrition Principles to Guide Industry Self-Regu-
8 latory Efforts’’ unless the Interagency Working Group on
9 Food Marketed to Children complies with Executive Order
10 No. 13563.
11 SEC. 620. (a) The head of each executive branch
12 agency funded by this Act shall ensure that the Chief In-
13 formation Officer of the agency has the authority to par-
14 ticipate in decisions regarding the budget planning process
15 related to information technology.
16 (b) Amounts appropriated for any executive branch
17 agency funded by this Act that are available for informa-
18 tion technology shall be allocated within the agency, con-
19 sistent with the provisions of appropriations Acts and
20 budget guidelines and recommendations from the Director
21 of the Office of Management and Budget, in such manner
22 as specified by, or approved by, the Chief Information Of-
23 ficer of the agency in consultation with the Chief Financial
24 Officer of the agency and budget officials.
December 21, 2020 (12:59 p.m.)

600
2 Act may be used in contravention of chapter 29, 31, or
5 Act may be used by a governmental entity to require the
6 disclosure by a provider of electronic communication serv-
7 ice to the public or remote computing service of the con-
8 tents of a wire or electronic communication that is in elec-
9 tronic storage with the provider (as such terms are defined
10 in sections 2510 and 2711 of title 18, United States Code)
11 in a manner that violates the Fourth Amendment to the
12 Constitution of the United States.
14 may be used by the Federal Communications Commission
15 to modify, amend, or change the rules or regulations of
16 the Commission for universal service high-cost support for
17 competitive eligible telecommunications carriers in a way
18 that is inconsistent with paragraph (e)(5) or (e)(6) of sec-
19 tion 54.307 of title 47, Code of Federal Regulations, as
20 in effect on July 15, 2015: Provided, That this section
21 shall not prohibit the Commission from considering, devel-
22 oping, or adopting other support mechanisms as an alter-
23 native to Mobility Fund Phase II.
24 SEC. 624. No funds provided in this Act shall be used
25 to deny an Inspector General funded under this Act timely
December 21, 2020 (12:59 p.m.)

601
1 access to any records, documents, or other materials avail-
2 able to the department or agency over which that Inspec-
3 tor General has responsibilities under the Inspector Gen-
4 eral Act of 1978, or to prevent or impede that Inspector
5 General’s access to such records, documents, or other ma-
6 terials, under any provision of law, except a provision of
7 law that expressly refers to the Inspector General and ex-
8 pressly limits the Inspector General’s right of access. A
9 department or agency covered by this section shall provide
10 its Inspector General with access to all such records, docu-
11 ments, and other materials in a timely manner. Each In-
12 spector General shall ensure compliance with statutory
13 limitations on disclosure relevant to the information pro-
14 vided by the establishment over which that Inspector Gen-
15 eral has responsibilities under the Inspector General Act
16 of 1978. Each Inspector General covered by this section
17 shall report to the Committees on Appropriations of the
18 House of Representatives and the Senate within 5 cal-
19 endar days any failures to comply with this requirement.
December 21, 2020 (12:59 p.m.)

602
2 nal investigations, prosecution, adjudication activities, or
3 other law enforcement- or victim assistance-related activ-
4 ity.
6 wise made available by this Act may be used to pay award
7 or incentive fees for contractors whose performance has
8 been judged to be below satisfactory, behind schedule, over
9 budget, or has failed to meet the basic requirements of
10 a contract, unless the Agency determines that any such
11 deviations are due to unforeseeable events, government-
12 driven scope changes, or are not significant within the
13 overall scope of the project and/or program and unless
14 such awards or incentive fees are consistent with
15 16.401(e)(2) of the Federal Acquisition Regulation.
16 SEC. 627. (a) None of the funds made available under
17 this Act may be used to pay for travel and conference ac-
18 tivities that result in a total cost to an Executive branch
19 department, agency, board or commission funded by this
20 Act of more than $500,000 at any single conference unless
21 the agency or entity determines that such attendance is
22 in the national interest and advance notice is transmitted
24 resentatives and the Senate that includes the basis of that
25 determination.
December 21, 2020 (12:59 p.m.)

603
1 (b) None of the funds made available under this Act
2 may be used to pay for the travel to or attendance of more
3 than 50 employees, who are stationed in the United
4 States, at any single conference occurring outside the
5 United States unless the agency or entity determines that
6 such attendance is in the national interest and advance
7 notice is transmitted to the Committees on Appropriations
8 of the House of Representatives and the Senate that in-
9 cludes the basis of that determination.
11 Act may be used for first-class or business-class travel by
12 the employees of executive branch agencies funded by this
13 Act in contravention of sections 301–10.122 through 301–
14 10.125 of title 41, Code of Federal Regulations.
15 SEC. 629. In addition to any amounts appropriated
16 or otherwise made available for expenses related to en-
17 hancements to www.oversight.gov, $850,000, to remain
18 available until expended, shall be provided for an addi-
19 tional amount for such purpose to the Inspectors General
20 Council Fund established pursuant to section 11(c)(3)(B)
21 of the Inspector General Act of 1978 (5 U.S.C. App.):
22 Provided, That these amounts shall be in addition to any
23 amounts or any authority available to the Council of the
24 Inspectors General on Integrity and Efficiency under sec-
December 21, 2020 (12:59 p.m.)

604
1 tion 11 of the Inspector General Act of 1978 (5 U.S.C.
2 App.).
4 Act may be obligated on contracts in excess of $5,000 for
5 public relations, as that term is defined in Office and Man-
6 agement and Budget Circular A–87 (revised May 10,
7 2004), unless advance notice of such an obligation is
8 transmitted to the Committees on Appropriations of the
9 House of Representatives and the Senate.
11 Act shall be used by the Securities and Exchange Commis-
12 sion to finalize, issue, or implement any rule, regulation,
13 or order regarding the disclosure of political contributions,
14 contributions to tax exempt organizations, or dues paid
15 to trade associations.
16 SEC. 632. Federal agencies funded under this Act
17 shall clearly state within the text, audio, or video used for
18 advertising or educational purposes, including emails or
19 Internet postings, that the communication is printed, pub-
20 lished, or produced and disseminated at U.S. taxpayer ex-
21 pense. The funds used by a Federal agency to carry out
22 this requirement shall be derived from amounts made
23 available to the agency for advertising or other commu-
24 nications regarding the programs and activities of the
25 agency.
December 21, 2020 (12:59 p.m.)

605
1 SEC. 633. When issuing statements, press releases,
2 requests for proposals, bid solicitations and other docu-
3 ments describing projects or programs funded in whole or
4 in part with Federal money, all grantees receiving Federal
5 funds included in this act, shall clearly state—
6 (1) the percentage of the total costs of the pro-
7 gram or project which will be financed with Federal
8 money;
9 (2) the dollar amount of Federal funds for the
10 project or program; and
11 (3) percentage and dollar amount of the total
12 costs of the project or program that will be financed
13 by non-governmental sources.
14 SEC. 634. Of the unobligated balances available in
15 the Department of the Treasury, Treasury Forfeiture
16 Fund, established by section 9703 of title 31, United
17 States Code, $75,000,000 shall be permanently rescinded
18 not later than September 30, 2021.
19 SEC. 635. Not later than 45 days after the last day
20 of each quarter, each agency funded in this Act shall sub-
21 mit to the Committees on Appropriations of the Senate
22 and the House of Representatives a quarterly budget re-
23 port that includes total obligations of the Agency for that
24 quarter for each appropriation, by the source year of the
25 appropriation.
December 21, 2020 (12:59 p.m.)

606
1 TITLE VII
2 GENERAL PROVISIONS—GOVERNMENT-WIDE
3 DEPARTMENTS, AGENCIES, AND CORPORATIONS
5 SEC. 701. No department, agency, or instrumentality

6 of the United States receiving appropriated funds under
7 this or any other Act for fiscal year 2021 shall obligate
8 or expend any such funds, unless such department, agen-
9 cy, or instrumentality has in place, and will continue to
10 administer in good faith, a written policy designed to en-
11 sure that all of its workplaces are free from the illegal
12 use, possession, or distribution of controlled substances
13 (as defined in the Controlled Substances Act (21 U.S.C.
14 802)) by the officers and employees of such department,
15 agency, or instrumentality.
16 SEC. 702. Unless otherwise specifically provided, the
17 maximum amount allowable during the current fiscal year
18 in accordance with subsection 1343(c) of title 31, United
19 States Code, for the purchase of any passenger motor ve-
20 hicle (exclusive of buses, ambulances, law enforcement ve-
21 hicles, protective vehicles, and undercover surveillance ve-
22 hicles), is hereby fixed at $19,947 except station wagons
23 for which the maximum shall be $19,997: Provided, That
24 these limits may be exceeded by not to exceed $7,250 for
25 police-type vehicles: Provided further, That the limits set
December 21, 2020 (12:59 p.m.)

607
1 forth in this section may not be exceeded by more than
2 5 percent for electric or hybrid vehicles purchased for
3 demonstration under the provisions of the Electric and
4 Hybrid Vehicle Research, Development, and Demonstra-
5 tion Act of 1976: Provided further, That the limits set
6 forth in this section may be exceeded by the incremental
7 cost of clean alternative fuels vehicles acquired pursuant
8 to Public Law 101–549 over the cost of comparable con-
9 ventionally fueled vehicles: Provided further, That the lim-
10 its set forth in this section shall not apply to any vehicle
11 that is a commercial item and which operates on alter-
12 native fuel, including but not limited to electric, plug-in
13 hybrid electric, and hydrogen fuel cell vehicles.
14 SEC. 703. Appropriations of the executive depart-
15 ments and independent establishments for the current fis-
16 cal year available for expenses of travel, or for the ex-
17 penses of the activity concerned, are hereby made available
18 for quarters allowances and cost-of-living allowances, in
19 accordance with 5 U.S.C. 5922–5924.
20 SEC. 704. Unless otherwise specified in law during
21 the current fiscal year, no part of any appropriation con-
22 tained in this or any other Act shall be used to pay the
23 compensation of any officer or employee of the Govern-
24 ment of the United States (including any agency the ma-
25 jority of the stock of which is owned by the Government
December 21, 2020 (12:59 p.m.)

608
1 of the United States) whose post of duty is in the conti-
2 nental United States unless such person: (1) is a citizen
3 of the United States; (2) is a person who is lawfully admit-
4 ted for permanent residence and is seeking citizenship as
5 outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
6 is admitted as a refugee under 8 U.S.C. 1157 or is grant-
7 ed asylum under 8 U.S.C. 1158 and has filed a declaration
8 of intention to become a lawful permanent resident and
9 then a citizen when eligible; or (4) is a person who owes
10 allegiance to the United States: Provided, That for pur-
11 poses of this section, affidavits signed by any such person
12 shall be considered prima facie evidence that the require-
13 ments of this section with respect to his or her status are
14 being complied with: Provided further, That for purposes
15 of subsections (2) and (3) such affidavits shall be sub-
16 mitted prior to employment and updated thereafter as nec-
17 essary: Provided further, That any person making a false
18 affidavit shall be guilty of a felony, and upon conviction,
19 shall be fined no more than $4,000 or imprisoned for not
20 more than 1 year, or both: Provided further, That the
21 above penal clause shall be in addition to, and not in sub-
22 stitution for, any other provisions of existing law: Provided
23 further, That any payment made to any officer or em-
24 ployee contrary to the provisions of this section shall be
25 recoverable in action by the Federal Government: Provided
December 21, 2020 (12:59 p.m.)

609
1 further, That this section shall not apply to any person
2 who is an officer or employee of the Government of the
3 United States on the date of enactment of this Act, or
4 to international broadcasters employed by the Broad-
5 casting Board of Governors, or to temporary employment
6 of translators, or to temporary employment in the field
7 service (not to exceed 60 days) as a result of emergencies:
8 Provided further, That this section does not apply to the
9 employment as Wildland firefighters for not more than
10 120 days of nonresident aliens employed by the Depart-
11 ment of the Interior or the USDA Forest Service pursuant
12 to an agreement with another country.
13 SEC. 705. Appropriations available to any depart-
14 ment or agency during the current fiscal year for nec-
15 essary expenses, including maintenance or operating ex-
16 penses, shall also be available for payment to the General
17 Services Administration for charges for space and services
18 and those expenses of renovation and alteration of build-
19 ings and facilities which constitute public improvements
20 performed in accordance with the Public Buildings Act of
21 1959 (73 Stat. 479), the Public Buildings Amendments
22 of 1972 (86 Stat. 216), or other applicable law.
23 SEC. 706. In addition to funds provided in this or
24 any other Act, all Federal agencies are authorized to re-
25 ceive and use funds resulting from the sale of materials,
December 21, 2020 (12:59 p.m.)

610
1 including Federal records disposed of pursuant to a
2 records schedule recovered through recycling or waste pre-
3 vention programs. Such funds shall be available until ex-
4 pended for the following purposes:
5 (1) Acquisition, waste reduction and prevention,
6 and recycling programs as described in Executive
7 Order No. 13834 (May 17, 2018), including any
8 such programs adopted prior to the effective date of
9 the Executive order.
10 (2) Other Federal agency environmental man-
11 agement programs, including, but not limited to, the
12 development and implementation of hazardous waste
13 management and pollution prevention programs.
14 (3) Other employee programs as authorized by
15 law or as deemed appropriate by the head of the
16 Federal agency.
17 SEC. 707. Funds made available by this or any other
18 Act for administrative expenses in the current fiscal year
19 of the corporations and agencies subject to chapter 91 of
20 title 31, United States Code, shall be available, in addition
21 to objects for which such funds are otherwise available,
22 for rent in the District of Columbia; services in accordance
23 with 5 U.S.C. 3109; and the objects specified under this
24 head, all the provisions of which shall be applicable to the
25 expenditure of such funds unless otherwise specified in the
December 21, 2020 (12:59 p.m.)

611
1 Act by which they are made available: Provided, That in
2 the event any functions budgeted as administrative ex-
3 penses are subsequently transferred to or paid from other
4 funds, the limitations on administrative expenses shall be
5 correspondingly reduced.
7 this or any other Act shall be available for interagency
8 financing of boards (except Federal Executive Boards),
9 commissions, councils, committees, or similar groups
10 (whether or not they are interagency entities) which do
11 not have a prior and specific statutory approval to receive
12 financial support from more than one agency or instru-
13 mentality.
14 SEC. 709. None of the funds made available pursuant
15 to the provisions of this or any other Act shall be used
16 to implement, administer, or enforce any regulation which
17 has been disapproved pursuant to a joint resolution duly
18 adopted in accordance with the applicable law of the
19 United States.
20 SEC. 710. During the period in which the head of
21 any department or agency, or any other officer or civilian
22 employee of the Federal Government appointed by the
23 President of the United States, holds office, no funds may
24 be obligated or expended in excess of $5,000 to furnish
25 or redecorate the office of such department head, agency
December 21, 2020 (12:59 p.m.)

612
1 head, officer, or employee, or to purchase furniture or
2 make improvements for any such office, unless advance
3 notice of such furnishing or redecoration is transmitted
5 resentatives and the Senate. For the purposes of this sec-
6 tion, the term ‘‘office’’ shall include the entire suite of of-
7 fices assigned to the individual, as well as any other space
8 used primarily by the individual or the use of which is
9 directly controlled by the individual.
10 SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec-
11 tion 708 of this Act, funds made available for the current
12 fiscal year by this or any other Act shall be available for
13 the interagency funding of national security and emer-
14 gency preparedness telecommunications initiatives which
15 benefit multiple Federal departments, agencies, or enti-
16 ties, as provided by Executive Order No. 13618 (July 6,
17 2012).
19 this or any other Act may be obligated or expended by
20 any department, agency, or other instrumentality of the
21 Federal Government to pay the salaries or expenses of any
22 individual appointed to a position of a confidential or pol-
23 icy-determining character that is excepted from the com-
24 petitive service under section 3302 of title 5, United
25 States Code, (pursuant to schedule C of subpart C of part
December 21, 2020 (12:59 p.m.)

613
1 213 of title 5 of the Code of Federal Regulations) unless
2 the head of the applicable department, agency, or other
3 instrumentality employing such schedule C individual cer-
4 tifies to the Director of the Office of Personnel Manage-
5 ment that the schedule C position occupied by the indi-
6 vidual was not created solely or primarily in order to detail
7 the individual to the White House.
8 (b) The provisions of this section shall not apply to
9 Federal employees or members of the armed forces de-
10 tailed to or from an element of the intelligence community
11 (as that term is defined under section 3(4) of the National
12 Security Act of 1947 (50 U.S.C. 3003(4))).
14 this or any other Act shall be available for the payment
15 of the salary of any officer or employee of the Federal
16 Government, who—
17 (1) prohibits or prevents, or attempts or threat-
18 ens to prohibit or prevent, any other officer or em-
19 ployee of the Federal Government from having any
20 direct oral or written communication or contact with
21 any Member, committee, or subcommittee of the
22 Congress in connection with any matter pertaining
23 to the employment of such other officer or employee
24 or pertaining to the department or agency of such
25 other officer or employee in any way, irrespective of
December 21, 2020 (12:59 p.m.)

614
1 whether such communication or contact is at the ini-
2 tiative of such other officer or employee or in re-
3 sponse to the request or inquiry of such Member,
4 committee, or subcommittee; or
5 (2) removes, suspends from duty without pay,
6 demotes, reduces in rank, seniority, status, pay, or
7 performance or efficiency rating, denies promotion
8 to, relocates, reassigns, transfers, disciplines, or dis-
9 criminates in regard to any employment right, enti-
10 tlement, or benefit, or any term or condition of em-
11 ployment of, any other officer or employee of the
12 Federal Government, or attempts or threatens to
13 commit any of the foregoing actions with respect to
14 such other officer or employee, by reason of any
15 communication or contact of such other officer or
16 employee with any Member, committee, or sub-
17 committee of the Congress as described in paragraph
18 (1).
20 this or any other Act may be obligated or expended for
21 any employee training that—
22 (1) does not meet identified needs for knowl-
23 edge, skills, and abilities bearing directly upon the
24 performance of official duties;
December 21, 2020 (12:59 p.m.)

615
1 (2) contains elements likely to induce high lev-
2 els of emotional response or psychological stress in
3 some participants;
4 (3) does not require prior employee notification
5 of the content and methods to be used in the train-
6 ing and written end of course evaluation;
7 (4) contains any methods or content associated
8 with religious or quasi-religious belief systems or
9 ‘‘new age’’ belief systems as defined in Equal Em-
10 ployment Opportunity Commission Notice N–
11 915.022, dated September 2, 1988; or
12 (5) is offensive to, or designed to change, par-
13 ticipants’ personal values or lifestyle outside the
14 workplace.
15 (b) Nothing in this section shall prohibit, restrict, or
16 otherwise preclude an agency from conducting training
17 bearing directly upon the performance of official duties.
18 SEC. 715. No part of any funds appropriated in this
19 or any other Act shall be used by an agency of the execu-
20 tive branch, other than for normal and recognized execu-
21 tive-legislative relationships, for publicity or propaganda
22 purposes, and for the preparation, distribution or use of
23 any kit, pamphlet, booklet, publication, radio, television,
24 or film presentation designed to support or defeat legisla-
December 21, 2020 (12:59 p.m.)

616
1 tion pending before the Congress, except in presentation
2 to the Congress itself.
3 SEC. 716. None of the funds appropriated by this or
4 any other Act may be used by an agency to provide a Fed-
5 eral employee’s home address to any labor organization
6 except when the employee has authorized such disclosure
7 or when such disclosure has been ordered by a court of
8 competent jurisdiction.
10 or any other Act may be used to provide any non-public
11 information such as mailing, telephone, or electronic mail-
12 ing lists to any person or any organization outside of the
13 Federal Government without the approval of the Commit-
15 and the Senate.
17 this or any other Act shall be used directly or indirectly,
18 including by private contractor, for publicity or propa-
19 ganda purposes within the United States not heretofore
20 authorized by Congress.
21 SEC. 719. (a) In this section, the term ‘‘agency’’—
22 (1) means an Executive agency, as defined
23 under 5 U.S.C. 105; and
24 (2) includes a military department, as defined
25 under section 102 of such title, the United States
December 21, 2020 (12:59 p.m.)

617
1 Postal Service, and the Postal Regulatory Commis-
2 sion.
3 (b) Unless authorized in accordance with law or regu-
4 lations to use such time for other purposes, an employee
5 of an agency shall use official time in an honest effort
6 to perform official duties. An employee not under a leave
7 system, including a Presidential appointee exempted under
8 5 U.S.C. 6301(2), has an obligation to expend an honest
9 effort and a reasonable proportion of such employee’s time
10 in the performance of official duties.
11 SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec-
13 fiscal year by this or any other Act to any department
14 or agency, which is a member of the Federal Accounting
15 Standards Advisory Board (FASAB), shall be available to
16 finance an appropriate share of FASAB administrative
17 costs.
18 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec-
19 tion 708 of this Act, the head of each Executive depart-
20 ment and agency is hereby authorized to transfer to or
21 reimburse ‘‘General Services Administration, Government-
22 wide Policy’’ with the approval of the Director of the Of-
23 fice of Management and Budget, funds made available for
24 the current fiscal year by this or any other Act, including
25 rebates from charge card and other contracts: Provided,
December 21, 2020 (12:59 p.m.)

618
1 That these funds shall be administered by the Adminis-
2 trator of General Services to support Government-wide
3 and other multi-agency financial, information technology,
4 procurement, and other management innovations, initia-
5 tives, and activities, including improving coordination and
6 reducing duplication, as approved by the Director of the
7 Office of Management and Budget, in consultation with
8 the appropriate interagency and multi-agency groups des-
9 ignated by the Director (including the President’s Man-
10 agement Council for overall management improvement ini-
11 tiatives, the Chief Financial Officers Council for financial
12 management initiatives, the Chief Information Officers
13 Council for information technology initiatives, the Chief
14 Human Capital Officers Council for human capital initia-
15 tives, the Chief Acquisition Officers Council for procure-
16 ment initiatives, and the Performance Improvement Coun-
17 cil for performance improvement initiatives): Provided fur-
18 ther, That the total funds transferred or reimbursed shall
19 not exceed $15,000,000 to improve coordination, reduce
20 duplication, and for other activities related to Federal
21 Government Priority Goals established by 31 U.S.C. 1120,
22 and not to exceed $17,000,000 for Government-Wide inno-
23 vations, initiatives, and activities: Provided further, That
24 the funds transferred to or for reimbursement of ‘‘General
25 Services Administration, Government-wide Policy’’ during
December 21, 2020 (12:59 p.m.)

619
1 fiscal year 2021 shall remain available for obligation
2 through September 30, 2022: Provided further, That such
3 transfers or reimbursements may only be made after 15
4 days following notification of the Committees on Appro-
6 by the Director of the Office of Management and Budget.
8 law, a woman may breastfeed her child at any location
9 in a Federal building or on Federal property, if the woman
10 and her child are otherwise authorized to be present at
11 the location.
12 SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec-
14 fiscal year by this or any other Act shall be available for
15 the interagency funding of specific projects, workshops,
16 studies, and similar efforts to carry out the purposes of
17 the National Science and Technology Council (authorized
18 by Executive Order No. 12881), which benefit multiple
19 Federal departments, agencies, or entities: Provided, That
20 the Office of Management and Budget shall provide a re-
21 port describing the budget of and resources connected with
22 the National Science and Technology Council to the Com-
23 mittees on Appropriations, the House Committee on
24 Science, Space, and Technology, and the Senate Com-
December 21, 2020 (12:59 p.m.)

620
1 mittee on Commerce, Science, and Transportation 90 days
2 after enactment of this Act.
3 SEC. 724. Any request for proposals, solicitation,
4 grant application, form, notification, press release, or
5 other publications involving the distribution of Federal
6 funds shall comply with any relevant requirements in part
7 200 of title 2, Code of Federal Regulations: Provided,
8 That this section shall apply to direct payments, formula
9 funds, and grants received by a State receiving Federal
10 funds.
11 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY
12 MONITORING OF INDIVIDUALS’ INTERNET USE.—None of
13 the funds made available in this or any other Act may
14 be used by any Federal agency—
15 (1) to collect, review, or create any aggregation
16 of data, derived from any means, that includes any
17 personally identifiable information relating to an in-
18 dividual’s access to or use of any Federal Govern-
19 ment Internet site of the agency; or
20 (2) to enter into any agreement with a third
21 party (including another government agency) to col-
22 lect, review, or obtain any aggregation of data, de-
23 rived from any means, that includes any personally
24 identifiable information relating to an individual’s
December 21, 2020 (12:59 p.m.)

621
1 access to or use of any nongovernmental Internet
2 site.
3 (b) EXCEPTIONS.—The limitations established in
4 subsection (a) shall not apply to—
5 (1) any record of aggregate data that does not
6 identify particular persons;
7 (2) any voluntary submission of personally iden-
8 tifiable information;
9 (3) any action taken for law enforcement, regu-
10 latory, or supervisory purposes, in accordance with
11 applicable law; or
12 (4) any action described in subsection (a)(1)
13 that is a system security action taken by the oper-
14 ator of an Internet site and is necessarily incident
15 to providing the Internet site services or to pro-
16 tecting the rights or property of the provider of the
17 Internet site.
18 (c) DEFINITIONS.—For the purposes of this section:
19 (1) The term ‘‘regulatory’’ means agency ac-
20 tions to implement, interpret or enforce authorities
21 provided in law.
22 (2) The term ‘‘supervisory’’ means examina-
23 tions of the agency’s supervised institutions, includ-
24 ing assessing safety and soundness, overall financial
25 condition, management practices and policies and
December 21, 2020 (12:59 p.m.)

622
1 compliance with applicable standards as provided in
2 law.
3 SEC. 726. (a) None of the funds appropriated by this
4 Act may be used to enter into or renew a contract which
5 includes a provision providing prescription drug coverage,
6 except where the contract also includes a provision for con-
7 traceptive coverage.
8 (b) Nothing in this section shall apply to a contract
9 with—
10 (1) any of the following religious plans:
11 (A) Personal Care’s HMO; and
12 (B) OSF HealthPlans, Inc.; and
13 (2) any existing or future plan, if the carrier
14 for the plan objects to such coverage on the basis of
15 religious beliefs.
16 (c) In implementing this section, any plan that enters
17 into or renews a contract under this section may not sub-
18 ject any individual to discrimination on the basis that the
19 individual refuses to prescribe or otherwise provide for
20 contraceptives because such activities would be contrary
21 to the individual’s religious beliefs or moral convictions.
22 (d) Nothing in this section shall be construed to re-
23 quire coverage of abortion or abortion-related services.
24 SEC. 727. The United States is committed to ensur-
25 ing the health of its Olympic, Pan American, and
December 21, 2020 (12:59 p.m.)

623
1 Paralympic athletes, and supports the strict adherence to
2 anti-doping in sport through testing, adjudication, edu-
3 cation, and research as performed by nationally recognized
4 oversight authorities.
6 law, funds appropriated for official travel to Federal de-
7 partments and agencies may be used by such departments
8 and agencies, if consistent with Office of Management and
9 Budget Circular A–126 regarding official travel for Gov-
10 ernment personnel, to participate in the fractional aircraft
11 ownership pilot program.
13 law, none of the funds appropriated or made available
14 under this or any other appropriations Act may be used
15 to implement or enforce restrictions or limitations on the
16 Coast Guard Congressional Fellowship Program, or to im-
17 plement the proposed regulations of the Office of Per-
18 sonnel Management to add sections 300.311 through
19 300.316 to part 300 of title 5 of the Code of Federal Reg-
20 ulations, published in the Federal Register, volume 68,
21 number 174, on September 9, 2003 (relating to the detail
22 of executive branch employees to the legislative branch).
24 law, no executive branch agency shall purchase, construct,
25 or lease any additional facilities, except within or contig-
December 21, 2020 (12:59 p.m.)

624
1 uous to existing locations, to be used for the purpose of
2 conducting Federal law enforcement training without the
3 advance approval of the Committees on Appropriations of
4 the House of Representatives and the Senate, except that
5 the Federal Law Enforcement Training Center is author-
6 ized to obtain the temporary use of additional facilities
7 by lease, contract, or other agreement for training which
8 cannot be accommodated in existing Center facilities.
9 SEC. 731. Unless otherwise authorized by existing
10 law, none of the funds provided in this or any other Act
11 may be used by an executive branch agency to produce
12 any prepackaged news story intended for broadcast or dis-
13 tribution in the United States, unless the story includes
14 a clear notification within the text or audio of the pre-
15 packaged news story that the prepackaged news story was
16 prepared or funded by that executive branch agency.
18 Act may be used in contravention of section 552a of title
19 5, United States Code (popularly known as the Privacy
20 Act), and regulations implementing that section.
21 SEC. 733. (a) IN GENERAL.—None of the funds ap-
22 propriated or otherwise made available by this or any
23 other Act may be used for any Federal Government con-
24 tract with any foreign incorporated entity which is treated
25 as an inverted domestic corporation under section 835(b)
December 21, 2020 (12:59 p.m.)

625
1 of the Homeland Security Act of 2002 (6 U.S.C. 395(b))
2 or any subsidiary of such an entity.
3 (b) WAIVERS.—
4 (1) IN GENERAL.—Any Secretary shall waive
5 subsection (a) with respect to any Federal Govern-
6 ment contract under the authority of such Secretary
7 if the Secretary determines that the waiver is re-
8 quired in the interest of national security.
9 (2) REPORT TO CONGRESS.—Any Secretary
10 issuing a waiver under paragraph (1) shall report
11 such issuance to Congress.
12 (c) EXCEPTION.—This section shall not apply to any
13 Federal Government contract entered into before the date
14 of the enactment of this Act, or to any task order issued
15 pursuant to such contract.
16 SEC. 734. During fiscal year 2021, for each employee
17 who—
18 (1) retires under section 8336(d)(2) or
19 8414(b)(1)(B) of title 5, United States Code; or
20 (2) retires under any other provision of sub-
21 chapter III of chapter 83 or chapter 84 of such title
22 5 and receives a payment as an incentive to sepa-
23 rate, the separating agency shall remit to the Civil
24 Service Retirement and Disability Fund an amount
25 equal to the Office of Personnel Management’s aver-
December 21, 2020 (12:59 p.m.)

626
1 age unit cost of processing a retirement claim for
2 the preceding fiscal year. Such amounts shall be
3 available until expended to the Office of Personnel
4 Management and shall be deemed to be an adminis-
5 trative expense under section 8348(a)(1)(B) of title
8 this or any other Act may be used to recommend or re-
9 quire any entity submitting an offer for a Federal contract
10 to disclose any of the following information as a condition
11 of submitting the offer:
12 (1) Any payment consisting of a contribution,
13 expenditure, independent expenditure, or disburse-
14 ment for an electioneering communication that is
15 made by the entity, its officers or directors, or any
16 of its affiliates or subsidiaries to a candidate for
17 election for Federal office or to a political com-
18 mittee, or that is otherwise made with respect to any
19 election for Federal office.
20 (2) Any disbursement of funds (other than a
21 payment described in paragraph (1)) made by the
22 entity, its officers or directors, or any of its affiliates
23 or subsidiaries to any person with the intent or the
24 reasonable expectation that the person will use the
December 21, 2020 (12:59 p.m.)

627
1 funds to make a payment described in paragraph
2 (1).
3 (b) In this section, each of the terms ‘‘contribution’’,
4 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election-
5 eering communication’’, ‘‘candidate’’, ‘‘election’’, and
6 ‘‘Federal office’’ has the meaning given such term in the
7 Federal Election Campaign Act of 1971 (52 U.S.C. 30101
8 et seq.).
10 or any other Act may be used to pay for the painting of
11 a portrait of an officer or employee of the Federal Govern-
12 ment, including the President, the Vice President, a mem-
13 ber of Congress (including a Delegate or a Resident Com-
14 missioner to Congress), the head of an executive branch
15 agency (as defined in section 133 of title 41, United States
16 Code), or the head of an office of the legislative branch.
17 SEC. 737. (a)(1) Notwithstanding any other provision
18 of law, and except as otherwise provided in this section,
19 no part of any of the funds appropriated for fiscal year
20 2021, by this or any other Act, may be used to pay any
21 prevailing rate employee described in section
22 5342(a)(2)(A) of title 5, United States Code—
23 (A) during the period from the date of expira-
24 tion of the limitation imposed by the comparable sec-
25 tion for the previous fiscal years until the normal ef-
December 21, 2020 (12:59 p.m.)

628
1 fective date of the applicable wage survey adjust-
2 ment that is to take effect in fiscal year 2021, in an
3 amount that exceeds the rate payable for the appli-
4 cable grade and step of the applicable wage schedule
5 in accordance with such section; and
6 (B) during the period consisting of the remain-
7 der of fiscal year 2021, in an amount that exceeds,
8 as a result of a wage survey adjustment, the rate
9 payable under subparagraph (A) by more than the
10 sum of—
11 (i) the percentage adjustment taking effect
12 in fiscal year 2021 under section 5303 of title
13 5, United States Code, in the rates of pay
14 under the General Schedule; and
15 (ii) the difference between the overall aver-
16 age percentage of the locality-based com-
17 parability payments taking effect in fiscal year
18 2021 under section 5304 of such title (whether
19 by adjustment or otherwise), and the overall av-
20 erage percentage of such payments which was
21 effective in the previous fiscal year under such
22 section.
23 (2) Notwithstanding any other provision of law, no
24 prevailing rate employee described in subparagraph (B) or
25 (C) of section 5342(a)(2) of title 5, United States Code,
December 21, 2020 (12:59 p.m.)

629
1 and no employee covered by section 5348 of such title,
2 may be paid during the periods for which paragraph (1)
3 is in effect at a rate that exceeds the rates that would
4 be payable under paragraph (1) were paragraph (1) appli-
5 cable to such employee.
6 (3) For the purposes of this subsection, the rates pay-
7 able to an employee who is covered by this subsection and
8 who is paid from a schedule not in existence on September
9 30, 2020, shall be determined under regulations pre-
10 scribed by the Office of Personnel Management.
11 (4) Notwithstanding any other provision of law, rates
12 of premium pay for employees subject to this subsection
13 may not be changed from the rates in effect on September
14 30, 2020, except to the extent determined by the Office
15 of Personnel Management to be consistent with the pur-
16 pose of this subsection.
17 (5) This subsection shall apply with respect to pay
18 for service performed after September 30, 2020.
19 (6) For the purpose of administering any provision
20 of law (including any rule or regulation that provides pre-
21 mium pay, retirement, life insurance, or any other em-
22 ployee benefit) that requires any deduction or contribu-
23 tion, or that imposes any requirement or limitation on the
24 basis of a rate of salary or basic pay, the rate of salary
December 21, 2020 (12:59 p.m.)

630
1 or basic pay payable after the application of this sub-
2 section shall be treated as the rate of salary or basic pay.
3 (7) Nothing in this subsection shall be considered to
4 permit or require the payment to any employee covered
5 by this subsection at a rate in excess of the rate that would
6 be payable were this subsection not in effect.
7 (8) The Office of Personnel Management may provide
8 for exceptions to the limitations imposed by this sub-
9 section if the Office determines that such exceptions are
10 necessary to ensure the recruitment or retention of quali-
11 fied employees.
12 (b) Notwithstanding subsection (a), the adjustment
13 in rates of basic pay for the statutory pay systems that
14 take place in fiscal year 2021 under sections 5344 and
15 5348 of title 5, United States Code, shall be—
16 (1) not less than the percentage received by em-
17 ployees in the same location whose rates of basic pay
18 are adjusted pursuant to the statutory pay systems
19 under sections 5303 and 5304 of title 5, United
20 States Code: Provided, That prevailing rate employ-
21 ees at locations where there are no employees whose
22 pay is increased pursuant to sections 5303 and 5304
23 of title 5, United States Code, and prevailing rate
24 employees described in section 5343(a)(5) of title 5,
25 United States Code, shall be considered to be located
December 21, 2020 (12:59 p.m.)

631
1 in the pay locality designated as ‘‘Rest of United
2 States’’ pursuant to section 5304 of title 5, United
3 States Code, for purposes of this subsection; and
4 (2) effective as of the first day of the first ap-
5 plicable pay period beginning after September 30,
6 2020.
7 SEC. 738. (a) The head of any Executive branch de-
8 partment, agency, board, commission, or office funded by
9 this or any other appropriations Act shall submit annual
10 reports to the Inspector General or senior ethics official
11 for any entity without an Inspector General, regarding the
12 costs and contracting procedures related to each con-
13 ference held by any such department, agency, board, com-
14 mission, or office during fiscal year 2021 for which the
15 cost to the United States Government was more than
16 $100,000.
17 (b) Each report submitted shall include, for each con-
18 ference described in subsection (a) held during the applica-
19 ble period—
20 (1) a description of its purpose;
21 (2) the number of participants attending;
22 (3) a detailed statement of the costs to the
23 United States Government, including—
24 (A) the cost of any food or beverages;
25 (B) the cost of any audio-visual services;
December 21, 2020 (12:59 p.m.)

632
1 (C) the cost of employee or contractor
2 travel to and from the conference; and
3 (D) a discussion of the methodology used
4 to determine which costs relate to the con-
5 ference; and
6 (4) a description of the contracting procedures
7 used including—
8 (A) whether contracts were awarded on a
9 competitive basis; and
10 (B) a discussion of any cost comparison
11 conducted by the departmental component or
12 office in evaluating potential contractors for the
13 conference.
14 (c) Within 15 days after the end of a quarter, the
15 head of any such department, agency, board, commission,
16 or office shall notify the Inspector General or senior ethics
17 official for any entity without an Inspector General, of the
18 date, location, and number of employees attending a con-
19 ference held by any Executive branch department, agency,
20 board, commission, or office funded by this or any other
21 appropriations Act during fiscal year 2021 for which the
22 cost to the United States Government was more than
23 $20,000.
24 (d) A grant or contract funded by amounts appro-
25 priated by this or any other appropriations Act may not
December 21, 2020 (12:59 p.m.)

633
1 be used for the purpose of defraying the costs of a con-
2 ference described in subsection (c) that is not directly and
3 programmatically related to the purpose for which the
4 grant or contract was awarded, such as a conference held
5 in connection with planning, training, assessment, review,
6 or other routine purposes related to a project funded by
7 the grant or contract.
8 (e) None of the funds made available in this or any
9 other appropriations Act may be used for travel and con-
10 ference activities that are not in compliance with Office
11 of Management and Budget Memorandum M–12–12
12 dated May 11, 2012 or any subsequent revisions to that
13 memorandum.
15 or any other appropriations Act may be used to increase,
16 eliminate, or reduce funding for a program, project, or ac-
17 tivity as proposed in the President’s budget request for
18 a fiscal year until such proposed change is subsequently
19 enacted in an appropriation Act, or unless such change
20 is made pursuant to the reprogramming or transfer provi-
21 sions of this or any other appropriations Act.
23 or any other Act may be used to implement, administer,
24 enforce, or apply the rule entitled ‘‘Competitive Area’’
25 published by the Office of Personnel Management in the
December 21, 2020 (12:59 p.m.)

634
1 Federal Register on April 15, 2008 (73 Fed. Reg. 20180
2 et seq.).
4 wise made available by this or any other Act may be used
5 to begin or announce a study or public-private competition
6 regarding the conversion to contractor performance of any
7 function performed by Federal employees pursuant to Of-
8 fice of Management and Budget Circular A–76 or any
9 other administrative regulation, directive, or policy.
11 erwise made available by this or any other Act may be
12 available for a contract, grant, or cooperative agreement
13 with an entity that requires employees or contractors of
14 such entity seeking to report fraud, waste, or abuse to sign
15 internal confidentiality agreements or statements prohib-
16 iting or otherwise restricting such employees or contrac-
17 tors from lawfully reporting such waste, fraud, or abuse
18 to a designated investigative or law enforcement represent-
19 ative of a Federal department or agency authorized to re-
20 ceive such information.
21 (b) The limitation in subsection (a) shall not con-
22 travene requirements applicable to Standard Form 312,
23 Form 4414, or any other form issued by a Federal depart-
24 ment or agency governing the nondisclosure of classified
25 information.
December 21, 2020 (12:59 p.m.)

635
1 SEC. 743. (a) No funds appropriated in this or any
2 other Act may be used to implement or enforce the agree-
3 ments in Standard Forms 312 and 4414 of the Govern-
4 ment or any other nondisclosure policy, form, or agree-
5 ment if such policy, form, or agreement does not contain
6 the following provisions: ‘‘These provisions are consistent
7 with and do not supersede, conflict with, or otherwise alter
8 the employee obligations, rights, or liabilities created by
9 existing statute or Executive order relating to (1) classi-
10 fied information, (2) communications to Congress, (3) the
11 reporting to an Inspector General of a violation of any
12 law, rule, or regulation, or mismanagement, a gross waste
13 of funds, an abuse of authority, or a substantial and spe-
14 cific danger to public health or safety, or (4) any other
15 whistleblower protection. The definitions, requirements,
16 obligations, rights, sanctions, and liabilities created by
17 controlling Executive orders and statutory provisions are
18 incorporated into this agreement and are controlling.’’:
19 Provided, That notwithstanding the preceding provision of
20 this section, a nondisclosure policy form or agreement that
21 is to be executed by a person connected with the conduct
22 of an intelligence or intelligence-related activity, other
23 than an employee or officer of the United States Govern-
24 ment, may contain provisions appropriate to the particular
25 activity for which such document is to be used. Such form
December 21, 2020 (12:59 p.m.)

636
1 or agreement shall, at a minimum, require that the person
2 will not disclose any classified information received in the
3 course of such activity unless specifically authorized to do
4 so by the United States Government. Such nondisclosure
5 forms shall also make it clear that they do not bar disclo-
6 sures to Congress, or to an authorized official of an execu-
7 tive agency or the Department of Justice, that are essen-
8 tial to reporting a substantial violation of law.
9 (b) A nondisclosure agreement may continue to be
10 implemented and enforced notwithstanding subsection (a)
11 if it complies with the requirements for such agreement
12 that were in effect when the agreement was entered into.
13 (c) No funds appropriated in this or any other Act
14 may be used to implement or enforce any agreement en-
15 tered into during fiscal year 2014 which does not contain
16 substantially similar language to that required in sub-
17 section (a).
19 or any other Act may be used to enter into a contract,
22 to, any corporation that has any unpaid Federal tax liabil-
23 ity that has been assessed, for which all judicial and ad-
24 ministrative remedies have been exhausted or have lapsed,
25 and that is not being paid in a timely manner pursuant
December 21, 2020 (12:59 p.m.)

637
1 to an agreement with the authority responsible for col-
2 lecting the tax liability, where the awarding agency is
3 aware of the unpaid tax liability, unless a Federal agency
4 has considered suspension or debarment of the corporation
5 and has made a determination that this further action is
6 not necessary to protect the interests of the Government.
8 or any other Act may be used to enter into a contract,
11 to, any corporation that was convicted of a felony criminal
12 violation under any Federal law within the preceding 24
13 months, where the awarding agency is aware of the convic-
14 tion, unless a Federal agency has considered suspension
15 or debarment of the corporation and has made a deter-
16 mination that this further action is not necessary to pro-
17 tect the interests of the Government.
18 SEC. 746. (a) During fiscal year 2021, on the date
19 on which a request is made for a transfer of funds in ac-
20 cordance with section 1017 of Public Law 111–203, the
21 Bureau of Consumer Financial Protection shall notify the
23 atives and the Senate, the Committee on Financial Serv-
24 ices of the House of Representatives, and the Committee
December 21, 2020 (12:59 p.m.)

638
1 on Banking, Housing, and Urban Affairs of the Senate
2 of such request.
3 (b) Any notification required by this section shall be
4 made available on the Bureau’s public website.
5 SEC. 747. If, for fiscal year 2021, new budget author-
6 ity provided in appropriations Acts exceeds the discre-
7 tionary spending limit for any category set forth in section
8 251(c) of the Balanced Budget and Emergency Deficit
9 Control Act of 1985 due to estimating differences with the
10 Congressional Budget Office, an adjustment to the discre-
11 tionary spending limit in such category for fiscal year
12 2021 shall be made by the Director of the Office of Man-
13 agement and Budget in the amount of the excess but the
14 total of all such adjustments shall not exceed 0.2 percent
15 of the sum of the adjusted discretionary spending limits
16 for all categories for that fiscal year.
17 SEC. 748. (a) Notwithstanding any official rate ad-
18 justed under section 104 of title 3, United States Code,
19 the rate payable to the Vice President during calendar
20 year 2021 shall be the rate payable to the Vice President
21 on December 31, 2020, by operation of section 749 of divi-
22 sion C of Public Law 116–93.
23 (b) Notwithstanding any official rate adjusted under
24 section 5318 of title 5, United States Code, or any other
25 provision of law, the payable rate during calendar year
December 21, 2020 (12:59 p.m.)

639
1 2021 for an employee serving in an Executive Schedule
2 position, or in a position for which the rate of pay is fixed
3 by statute at an Executive Schedule rate, shall be the rate
4 payable for the applicable Executive Schedule level on De-
5 cember 31, 2020, by operation of section 749 of division
6 C of Public Law 116–93. Such an employee may not re-
7 ceive a rate increase during calendar year 2021, except
8 as provided in subsection (i).
9 (c) Notwithstanding section 401 of the Foreign Serv-
10 ice Act of 1980 (Public Law 96–465) or any other provi-
11 sion of law, a chief of mission or ambassador at large is
12 subject to subsection (b) in the same manner as other em-
13 ployees who are paid at an Executive Schedule rate.
14 (d)(1) This subsection applies to—
15 (A) a noncareer appointee in the Senior
16 Executive Service paid a rate of basic pay at or
17 above the official rate for level IV of the Execu-
18 tive Schedule; or
19 (B) a limited term appointee or limited
20 emergency appointee in the Senior Executive
21 Service serving under a political appointment
22 and paid a rate of basic pay at or above the of-
23 ficial rate for level IV of the Executive Sched-
24 ule.
December 21, 2020 (12:59 p.m.)

640
1 (2) Notwithstanding sections 5382 and 5383 of
2 title 5, United States Code, an employee described
3 in paragraph (1) may not receive a pay rate increase
4 during calendar year 2021, except as provided in
5 subsection (i).
6 (e) Notwithstanding any other provision of law, any
7 employee paid a rate of basic pay (including any locality-
8 based payments under section 5304 of title 5, United
9 States Code, or similar authority) at or above the official
10 rate for level IV of the Executive Schedule who serves
11 under a political appointment may not receive a pay rate
12 increase during calendar year 2021, except as provided in
13 subsection (i). This subsection does not apply to employees
14 in the General Schedule pay system or the Foreign Service
15 pay system, to employees appointed under section 3161
16 of title 5, United States Code, or to employees in another
17 pay system whose position would be classified at GS–15
18 or below if chapter 51 of title 5, United States Code, ap-
19 plied to them.
20 (f) Nothing in subsections (b) through (e) shall pre-
21 vent employees who do not serve under a political appoint-
22 ment from receiving pay increases as otherwise provided
23 under applicable law.
24 (g) This section does not apply to an individual who
25 makes an election to retain Senior Executive Service basic
December 21, 2020 (12:59 p.m.)

641
1 pay under section 3392(c) of title 5, United States Code,
2 for such time as that election is in effect.
3 (h) This section does not apply to an individual who
4 makes an election to retain Senior Foreign Service pay
5 entitlements under section 302(b) of the Foreign Service
6 Act of 1980 (Public Law 96–465) for such time as that
7 election is in effect.
8 (i) Notwithstanding subsections (b) through (e), an
9 employee in a covered position may receive a pay rate in-
10 crease upon an authorized movement to a different cov-
11 ered position only if that new position has higher-level du-
12 ties and a pre-established level or range of pay higher than
13 the level or range for the position held immediately before
14 the movement. Any such increase must be based on the
15 rates of pay and applicable limitations on payable rates
16 of pay in effect on December 31, 2020, by operation of
17 section 749 of division C of Public Law 116–93.
18 (j) Notwithstanding any other provision of law, for
19 an individual who is newly appointed to a covered position
20 during the period of time subject to this section, the initial
21 pay rate shall be based on the rates of pay and applicable
22 limitations on payable rates of pay in effect on December
23 31, 2020, by operation of section 749 of division C of Pub-
24 lic Law 116–93.
December 21, 2020 (12:59 p.m.)

642
1 (k) If an employee affected by this section is subject
2 to a biweekly pay period that begins in calendar year 2021
3 but ends in calendar year 2022, the bar on the employee’s
4 receipt of pay rate increases shall apply through the end
5 of that pay period.
6 (l) For the purpose of this section, the term ‘‘covered
7 position’’ means a position occupied by an employee whose
8 pay is restricted under this section.
9 (m) This section takes effect on the first day of the
10 first applicable pay period beginning on or after January
11 1, 2021.
12 SEC. 749. Except as expressly provided otherwise,
13 any reference to ‘‘this Act’’ contained in any title other
14 than title IV or VIII shall not apply to such title IV or
15 VIII.
December 21, 2020 (12:59 p.m.)

643
1 TITLE VIII
2 GENERAL PROVISIONS—DISTRICT OF
3 COLUMBIA
5 SEC. 801. There are appropriated from the applicable

6 funds of the District of Columbia such sums as may be
7 necessary for making refunds and for the payment of legal
8 settlements or judgments that have been entered against
9 the District of Columbia government.
10 SEC. 802. None of the Federal funds provided in this
11 Act shall be used for publicity or propaganda purposes or
12 implementation of any policy including boycott designed
13 to support or defeat legislation pending before Congress
14 or any State legislature.
15 SEC. 803. (a) None of the Federal funds provided
16 under this Act to the agencies funded by this Act, both
17 Federal and District government agencies, that remain
18 available for obligation or expenditure in fiscal year 2021,
19 or provided from any accounts in the Treasury of the
20 United States derived by the collection of fees available
21 to the agencies funded by this Act, shall be available for
22 obligation or expenditures for an agency through a re-
23 programming of funds which—
December 21, 2020 (12:59 p.m.)

644
1 (2) eliminates a program, project, or responsi-
2 bility center;
3 (3) establishes or changes allocations specifi-
4 cally denied, limited or increased under this Act;
6 for any program, project, or responsibility center for
7 which funds have been denied or restricted;
8 (5) re-establishes any program or project pre-
9 viously deferred through reprogramming;
10 (6) augments any existing program, project, or
11 responsibility center through a reprogramming of
12 funds in excess of $3,000,000 or 10 percent, which-
13 ever is less; or
14 (7) increases by 20 percent or more personnel
15 assigned to a specific program, project or responsi-
16 bility center, unless prior approval is received from
17 the Committees on Appropriations of the House of
18 Representatives and the Senate.
19 (b) The District of Columbia government is author-
20 ized to approve and execute reprogramming and transfer
21 requests of local funds under this title through November
22 7, 2021.
23 SEC. 804. None of the Federal funds provided in this
24 Act may be used by the District of Columbia to provide
25 for salaries, expenses, or other costs associated with the
December 21, 2020 (12:59 p.m.)

645
1 offices of United States Senator or United States Rep-
2 resentative under section 4(d) of the District of Columbia
3 Statehood Constitutional Convention Initiatives of 1979
4 (D.C. Law 3–171; D.C. Official Code, sec. 1–123).
5 SEC. 805. Except as otherwise provided in this sec-
6 tion, none of the funds made available by this Act or by
7 any other Act may be used to provide any officer or em-
8 ployee of the District of Columbia with an official vehicle
9 unless the officer or employee uses the vehicle only in the
10 performance of the officer’s or employee’s official duties.
11 For purposes of this section, the term ‘‘official duties’’
12 does not include travel between the officer’s or employee’s
13 residence and workplace, except in the case of—
14 (1) an officer or employee of the Metropolitan
15 Police Department who resides in the District of Co-
16 lumbia or is otherwise designated by the Chief of the
17 Department;
18 (2) at the discretion of the Fire Chief, an offi-
19 cer or employee of the District of Columbia Fire and
20 Emergency Medical Services Department who re-
21 sides in the District of Columbia and is on call 24
22 hours a day;
23 (3) at the discretion of the Director of the De-
24 partment of Corrections, an officer or employee of
25 the District of Columbia Department of Corrections
December 21, 2020 (12:59 p.m.)

646
1 who resides in the District of Columbia and is on
2 call 24 hours a day;
3 (4) at the discretion of the Chief Medical Ex-
4 aminer, an officer or employee of the Office of the
5 Chief Medical Examiner who resides in the District
6 of Columbia and is on call 24 hours a day;
7 (5) at the discretion of the Director of the
8 Homeland Security and Emergency Management
9 Agency, an officer or employee of the Homeland Se-
10 curity and Emergency Management Agency who re-
11 sides in the District of Columbia and is on call 24
12 hours a day;
13 (6) the Mayor of the District of Columbia; and
14 (7) the Chairman of the Council of the District
15 of Columbia.
16 SEC. 806. (a) None of the Federal funds contained
17 in this Act may be used by the District of Columbia Attor-
18 ney General or any other officer or entity of the District
19 government to provide assistance for any petition drive or
20 civil action which seeks to require Congress to provide for
21 voting representation in Congress for the District of Co-
22 lumbia.
23 (b) Nothing in this section bars the District of Co-
24 lumbia Attorney General from reviewing or commenting
December 21, 2020 (12:59 p.m.)

647
1 on briefs in private lawsuits, or from consulting with offi-
2 cials of the District government regarding such lawsuits.
3 SEC. 807. None of the Federal funds contained in
4 this Act may be used to distribute any needle or syringe
5 for the purpose of preventing the spread of blood borne
6 pathogens in any location that has been determined by the
7 local public health or local law enforcement authorities to
8 be inappropriate for such distribution.
9 SEC. 808. Nothing in this Act may be construed to
10 prevent the Council or Mayor of the District of Columbia
11 from addressing the issue of the provision of contraceptive
12 coverage by health insurance plans, but it is the intent
13 of Congress that any legislation enacted on such issue
14 should include a ‘‘conscience clause’’ which provides excep-
15 tions for religious beliefs and moral convictions.
16 SEC. 809. (a) None of the Federal funds contained
17 in this Act may be used to enact or carry out any law,
18 rule, or regulation to legalize or otherwise reduce penalties
19 associated with the possession, use, or distribution of any
20 schedule I substance under the Controlled Substances Act
21 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de-
22 rivative.
23 (b) No funds available for obligation or expenditure
24 by the District of Columbia government under any author-
25 ity may be used to enact any law, rule, or regulation to
December 21, 2020 (12:59 p.m.)

648
1 legalize or otherwise reduce penalties associated with the
2 possession, use, or distribution of any schedule I substance
3 under the Controlled Substances Act (21 U.S.C. 801 et
4 seq.) or any tetrahydrocannabinols derivative for rec-
5 reational purposes.
6 SEC. 810. No funds available for obligation or ex-
7 penditure by the District of Columbia government under
8 any authority shall be expended for any abortion except
9 where the life of the mother would be endangered if the
10 fetus were carried to term or where the pregnancy is the
11 result of an act of rape or incest.
12 SEC. 811. (a) No later than 30 calendar days after
13 the date of the enactment of this Act, the Chief Financial
14 Officer for the District of Columbia shall submit to the
15 appropriate committees of Congress, the Mayor, and the
16 Council of the District of Columbia, a revised appropriated
17 funds operating budget in the format of the budget that
18 the District of Columbia government submitted pursuant
19 to section 442 of the District of Columbia Home Rule Act
20 (D.C. Official Code, sec. 1–204.42), for all agencies of the
21 District of Columbia government for fiscal year 2021 that
22 is in the total amount of the approved appropriation and
23 that realigns all budgeted data for personal services and
24 other-than-personal services, respectively, with anticipated
25 actual expenditures.
December 21, 2020 (12:59 p.m.)

649
1 (b) This section shall apply only to an agency for
2 which the Chief Financial Officer for the District of Co-
3 lumbia certifies that a reallocation is required to address
4 unanticipated changes in program requirements.
5 SEC. 812. No later than 30 calendar days after the
6 date of the enactment of this Act, the Chief Financial Offi-
7 cer for the District of Columbia shall submit to the appro-
8 priate committees of Congress, the Mayor, and the Council
9 for the District of Columbia, a revised appropriated funds
10 operating budget for the District of Columbia Public
11 Schools that aligns schools budgets to actual enrollment.
12 The revised appropriated funds budget shall be in the for-
13 mat of the budget that the District of Columbia govern-
14 ment submitted pursuant to section 442 of the District
15 of Columbia Home Rule Act (D.C. Official Code, sec. 1–
16 204.42).
17 SEC. 813. (a) Amounts appropriated in this Act as
18 operating funds may be transferred to the District of Co-
19 lumbia’s enterprise and capital funds and such amounts,
20 once transferred, shall retain appropriation authority con-
21 sistent with the provisions of this Act.
22 (b) The District of Columbia government is author-
23 ized to reprogram or transfer for operating expenses any
24 local funds transferred or reprogrammed in this or the
25 four prior fiscal years from operating funds to capital
December 21, 2020 (12:59 p.m.)

650
1 funds, and such amounts, once transferred or repro-
2 grammed, shall retain appropriation authority consistent
3 with the provisions of this Act.
4 (c) The District of Columbia government may not
5 transfer or reprogram for operating expenses any funds
6 derived from bonds, notes, or other obligations issued for
7 capital projects.
8 SEC. 814. None of the Federal funds appropriated
9 in this Act shall remain available for obligation beyond
10 the current fiscal year, nor may any be transferred to
11 other appropriations, unless expressly so provided herein.
13 by law or under this Act, not to exceed 50 percent of unob-
14 ligated balances remaining available at the end of fiscal
15 year 2021 from appropriations of Federal funds made
16 available for salaries and expenses for fiscal year 2021 in
17 this Act, shall remain available through September 30,
18 2022, for each such account for the purposes authorized:
19 Provided, That a request shall be submitted to the Com-
21 and the Senate for approval prior to the expenditure of
22 such funds: Provided further, That these requests shall be
23 made in compliance with reprogramming guidelines out-
24 lined in section 803 of this Act.
December 21, 2020 (12:59 p.m.)

651
1 SEC. 816. (a)(1) During fiscal year 2022, during a
2 period in which neither a District of Columbia continuing
3 resolution or a regular District of Columbia appropriation
4 bill is in effect, local funds are appropriated in the amount
5 provided for any project or activity for which local funds
6 are provided in the Act referred to in paragraph (2) (sub-
7 ject to any modifications enacted by the District of Colum-
8 bia as of the beginning of the period during which this
9 subsection is in effect) at the rate set forth by such Act.
10 (2) The Act referred to in this paragraph is the
11 Act of the Council of the District of Columbia pur-
12 suant to which a proposed budget is approved for
13 fiscal year 2022 which (subject to the requirements
14 of the District of Columbia Home Rule Act) will
15 constitute the local portion of the annual budget for
16 the District of Columbia government for fiscal year
17 2022 for purposes of section 446 of the District of
18 Columbia Home Rule Act (sec. 1–204.46, D.C. Offi-
19 cial Code).
20 (b) Appropriations made by subsection (a) shall cease
21 to be available—
22 (1) during any period in which a District of Co-
23 lumbia continuing resolution for fiscal year 2022 is
24 in effect; or
December 21, 2020 (12:59 p.m.)

652
1 (2) upon the enactment into law of the regular
2 District of Columbia appropriation bill for fiscal year
3 2022.
4 (c) An appropriation made by subsection (a) is pro-
5 vided under the authority and conditions as provided
6 under this Act and shall be available to the extent and
7 in the manner that would be provided by this Act.
8 (d) An appropriation made by subsection (a) shall
9 cover all obligations or expenditures incurred for such
10 project or activity during the portion of fiscal year 2022
11 for which this section applies to such project or activity.
12 (e) This section shall not apply to a project or activity
13 during any period of fiscal year 2022 if any other provi-
14 sion of law (other than an authorization of appropria-
15 tions)—
16 (1) makes an appropriation, makes funds avail-
17 able, or grants authority for such project or activity
18 to continue for such period; or
19 (2) specifically provides that no appropriation
20 shall be made, no funds shall be made available, or
21 no authority shall be granted for such project or ac-
22 tivity to continue for such period.
23 (f) Nothing in this section shall be construed to affect
24 obligations of the government of the District of Columbia
25 mandated by other law.
December 21, 2020 (12:59 p.m.)

653
1 SEC. 817. (a) Section 244 of the Revised Statutes
2 of the United States relating to the District of Columbia
3 (sec. 9–1201.03, D.C. Official Code) does not apply with
4 respect to any railroads installed pursuant to the Long
5 Bridge Project.
6 (b) In this section, the term ‘‘Long Bridge Project’’
7 means the project carried out by the District of Columbia
8 and the Commonwealth of Virginia to construct a new
9 Long Bridge adjacent to the existing Long Bridge over
10 the Potomac River, including related infrastructure and
11 other related projects, to expand commuter and regional
12 passenger rail service and to provide bike and pedestrian
13 access crossings over the Potomac River.
15 of each quarter, each Federal and District government
16 agency appropriated Federal funds in this Act shall sub-
17 mit to the Committees on Appropriations of the House
18 of Representatives and the Senate a quarterly budget re-
19 port that includes total obligations of the Agency for that
20 quarter for each Federal funds appropriation provided in
21 this Act, by the source year of the appropriation.
22 SEC. 819. Except as expressly provided otherwise,
23 any reference to ‘‘this Act’’ contained in this title or in
24 title IV shall be treated as referring only to the provisions
25 of this title or of title IV.
December 21, 2020 (12:59 p.m.)

654
1 TITLE IX
2 GENERAL PROVISION—EMERGENCY FUNDING
3 SEC. 901. For an additional amount for ‘‘Records
4 Center Revolving Fund’’ for the Federal Record Centers
5 Program, $50,000,000, to remain available until Sep-
6 tember 30, 2022, to prevent, prepare for, and respond to
7 coronavirus, domestically or internationally, which shall be
8 for offsetting the loss resulting from the coronavirus pan-
9 demic of the user charges collected by such Fund pursuant
10 to subsection (c) under the heading ‘‘Records Center Re-
11 volving Fund’’ in Public Law 106–58, as amended (44
12 U.S.C. 2901 note): Provided, That the amount provided
13 under this section in this Act may be used to reimburse
14 the Fund for obligations incurred for this purpose prior
15 to the date of the enactment of this Act: Provided further,
16 That such amount is provided without regard to the limi-
17 tation in subsection (d) under the heading ‘‘Records Cen-
18 ter Revolving Fund’’ in Public Law 106–58, as amended
19 (44 U.S.C. 2901 note): Provided further, That the amount
20 provided under this section in this Act may be used to
21 accelerate processing of requests for military service
22 records received during the pandemic: Provided further,
December 21, 2020 (12:59 p.m.)

655
3 This division may be cited as the ‘‘Financial Services
4 and General Government Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

656
1 DIVISION F—DEPARTMENT OF HOME-
2 LAND SECURITY APPROPRIATIONS
3 ACT, 2021
4 TITLE I
5 DEPARTMENTAL MANAGEMENT, OPERATIONS,
6 INTELLIGENCE, AND OVERSIGHT
7 OFFICE OF THE SECRETARY AND EXECUTIVE
8 MANAGEMENT
9 OPERATIONS AND SUPPORT
10 For necessary expenses of the Office of the Secretary

11 and for executive management for operations and support,
12 $180,819,000; of which $20,000,000 shall be for the Of-
13 fice of the Ombudsman for Immigration Detention, of
14 which $5,000,000 shall remain available until September
15 30, 2022: Provided, That not to exceed $30,000 shall be
17 FEDERAL ASSISTANCE
19 For necessary expenses of the Office of the Secretary

20 and for executive management for Federal assistance
21 through grants, contracts, cooperative agreements, and
22 other activities, $25,000,000, which shall be transferred
23 to the Federal Emergency Management Agency, of which
24 $20,000,000 shall be for targeted violence and terrorism
25 prevention grants and of which $5,000,000 shall be for
December 21, 2020 (12:59 p.m.)

657
1 an Alternatives to Detention Case Management pilot pro-
2 gram, to remain available until September 30, 2022: Pro-
3 vided, That the amounts made available for the pilot pro-
4 gram shall be awarded to nonprofit organizations and local
5 governments and administered by a National Board, which
6 shall be chaired by the Officer for Civil Rights and Civil
7 Liberties, for the purposes of providing case management
8 services, including but not limited to: mental health serv-
9 ices; human and sex trafficking screening; legal orienta-
10 tion programs; cultural orientation programs; connections
11 to social services; and for individuals who will be removed,
12 reintegration services: Provided further, That such services
13 shall be provided to each individual enrolled into the U.S.
14 Immigration and Customs Enforcement Alternatives to
15 Detention program in the geographic areas served by the
16 pilot program: Provided further, That any such individual
17 may opt out of receiving such services after providing writ-
18 ten informed consent: Provided further, That not to exceed
19 $350,000 shall be for the administrative costs of the De-
20 partment of Homeland Security for the pilot program.
21 MANAGEMENT DIRECTORATE
23 For necessary expenses of the Management Direc-

24 torate for operations and support, $1,398,162,000: Pro-
December 21, 2020 (12:59 p.m.)

658
1 vided, That not to exceed $2,000 shall be for official recep-
2 tion and representation expenses.
3 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
4 For necessary expenses of the Management Direc-

5 torate for procurement, construction, and improvements,
7 able until September 30, 2023; and of which $55,184,000
8 shall remain available until September 30, 2025.
9 FEDERAL PROTECTIVE SERVICE
10 The revenues and collections of security fees credited

11 to this account shall be available until expended for nec-
12 essary expenses related to the protection of federally
13 owned and leased buildings and for the operations of the
14 Federal Protective Service.
15 INTELLIGENCE, ANALYSIS, AND OPERATIONS
16 COORDINATION
18 For necessary expenses of the Office of Intelligence

19 and Analysis and the Office of Operations Coordination
20 for operations and support, $298,500,000, of which
22 2022: Provided, That not to exceed $3,825 shall be for
23 official reception and representation expenses and not to
24 exceed $2,000,000 is available for facility needs associated
December 21, 2020 (12:59 p.m.)

659
1 with secure space at fusion centers, including improve-
2 ments to buildings.
5 For necessary expenses of the Office of the Inspector

6 General for operations and support, $190,186,000: Pro-
7 vided, That not to exceed $300,000 may be used for cer-
8 tain confidential operational expenses, including the pay-
9 ment of informants, to be expended at the direction of the
10 Inspector General.
12 SEC. 101. (a) The Secretary of Homeland Security
13 shall submit a report not later than October 15, 2021,
14 to the Inspector General of the Department of Homeland
15 Security listing all grants and contracts awarded by any
16 means other than full and open competition during fiscal
17 years 2020 or 2021.
18 (b) The Inspector General shall review the report re-
19 quired by subsection (a) to assess departmental compli-
20 ance with applicable laws and regulations and report the
21 results of that review to the Committees on Appropriations
22 of the Senate and the House of Representatives not later
23 than February 15, 2022.
25 of each month, the Chief Financial Officer of the Depart-
December 21, 2020 (12:59 p.m.)

660
1 ment of Homeland Security shall submit to the Commit-
2 tees on Appropriations of the Senate and the House of
3 Representatives a monthly budget and staffing report that
4 includes total obligations of the Department for that
5 month and for the fiscal year at the appropriation and
6 program, project, and activity levels, by the source year
7 of the appropriation.
8 SEC. 103. The Secretary of Homeland Security shall
9 require that all contracts of the Department of Homeland
10 Security that provide award fees link such fees to success-
11 ful acquisition outcomes, which shall be specified in terms
12 of cost, schedule, and performance.
13 SEC. 104. (a) The Secretary of Homeland Security,
14 in consultation with the Secretary of the Treasury, shall
15 notify the Committees on Appropriations of the Senate
16 and the House of Representatives of any proposed trans-
17 fers of funds available under section 9705(g)(4)(B) of title
18 31, United States Code, from the Department of the
19 Treasury Forfeiture Fund to any agency within the De-
20 partment of Homeland Security.
21 (b) None of the funds identified for such a transfer
22 may be obligated until the Committees on Appropriations
23 of the Senate and the House of Representatives are noti-
24 fied of the proposed transfer.
December 21, 2020 (12:59 p.m.)

661
1 SEC. 105. All official costs associated with the use
2 of Government aircraft by Department of Homeland Secu-
3 rity personnel to support official travel of the Secretary
4 and the Deputy Secretary shall be paid from amounts
5 made available for the Office of the Secretary.
6 SEC. 106. Section 107 of the Department of Home-
7 land Security Appropriations Act, 2018 (division F of
8 Public Law 115–141), related to visa overstay data and
9 border security metrics, shall apply in fiscal year 2021,
10 except that the reference to ‘‘this Act’’ shall be treated
11 as referring to this Act, and the reference to ‘‘2017’’ shall
12 be treated as referring to ‘‘2020’’.
December 21, 2020 (12:59 p.m.)

662
1 TITLE II
2 SECURITY, ENFORCEMENT, AND
3 INVESTIGATIONS
4 U.S. CUSTOMS AND BORDER PROTECTION
7 For necessary expenses of U.S. Customs and Border

8 Protection for operations and support, including the trans-
9 portation of unaccompanied minor aliens; the provision of
10 air and marine support to Federal, State, local, and inter-
11 national agencies in the enforcement or administration of
12 laws enforced by the Department of Homeland Security;
13 at the discretion of the Secretary of Homeland Security,
14 the provision of such support to Federal, State, and local
15 agencies in other law enforcement and emergency humani-
16 tarian efforts; the purchase and lease of up to 7,500
17 (6,500 for replacement only) police-type vehicles; the pur-
18 chase, maintenance, or operation of marine vessels, air-
19 craft, and unmanned aerial systems; and contracting with
20 individuals for personal services abroad; $12,908,923,000;
21 of which $3,274,000 shall be derived from the Harbor
22 Maintenance Trust Fund for administrative expenses re-
23 lated to the collection of the Harbor Maintenance Fee pur-
24 suant to section 9505(c)(3) of the Internal Revenue Code
25 of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding sec-
December 21, 2020 (12:59 p.m.)

663
1 tion 1511(e)(1) of the Homeland Security Act of 2002 (6
2 U.S.C. 551(e)(1)); of which $500,000,000 shall be avail-
3 able until September 30, 2022; and of which such sums
4 as become available in the Customs User Fee Account, ex-
5 cept sums subject to section 13031(f)(3) of the Consoli-
6 dated Omnibus Budget Reconciliation Act of 1985 (19
7 U.S.C. 58c(f)(3)), shall be derived from that account: Pro-
8 vided, That not to exceed $34,425 shall be for official re-
9 ception and representation expenses: Provided further,
10 That not to exceed $150,000 shall be available for pay-
11 ment for rental space in connection with preclearance op-
12 erations: Provided further, That not to exceed $2,000,000
13 shall be for awards of compensation to informants, to be
14 accounted for solely under the certificate of the Secretary
15 of Homeland Security: Provided further, That not to ex-
16 ceed $5,000,000 may be transferred to the Bureau of In-
17 dian Affairs for the maintenance and repair of roads on
18 Native American reservations used by the U.S. Border Pa-
19 trol.
21 For necessary expenses of U.S. Customs and Border

22 Protection for procurement, construction, and improve-
23 ments, including procurement of marine vessels, aircraft,
24 and unmanned aerial systems, $1,839,634,000, of which
December 21, 2020 (12:59 p.m.)

664
1 2023, and of which $1,517,399,000 shall remain available
3 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
5 For necessary expenses of U.S. Immigration and

6 Customs Enforcement for operations and support, includ-
7 ing the purchase and lease of up to 3,790 (2,350 for re-
8 placement only) police-type vehicles; overseas vetted units;
9 and maintenance, minor construction, and minor leasehold
10 improvements at owned and leased facilities;
11 $7,875,730,000; of which not less than $6,000,000 shall
12 remain available until expended for efforts to enforce laws
13 against forced child labor; of which $46,696,000 shall re-
14 main available until September 30, 2022; of which not less
15 than $1,500,000 is for paid apprenticeships for partici-
16 pants in the Human Exploitation Rescue Operative Child-
17 Rescue Corps; of which not less than $15,000,000 shall
18 be available for investigation of intellectual property rights
19 violations, including operation of the National Intellectual
20 Property Rights Coordination Center; and of which not
21 less than $4,118,902,000 shall be for enforcement, deten-
22 tion, and removal operations, including transportation of
23 unaccompanied minor aliens: Provided, That not to exceed
24 $11,475 shall be for official reception and representation
25 expenses: Provided further, That not to exceed
December 21, 2020 (12:59 p.m.)

665
1 $10,000,000 shall be available until expended for con-
2 ducting special operations under section 3131 of the Cus-
3 toms Enforcement Act of 1986 (19 U.S.C. 2081): Pro-
4 vided further, That not to exceed $2,000,000 shall be for
5 awards of compensation to informants, to be accounted
6 for solely under the certificate of the Secretary of Home-
7 land Security: Provided further, That not to exceed
8 $11,216,000 shall be available to fund or reimburse other
9 Federal agencies for the costs associated with the care,
10 maintenance, and repatriation of smuggled aliens unlaw-
11 fully present in the United States.
13 For necessary expenses of U.S. Immigration and

14 Customs Enforcement for procurement, construction, and
15 improvements, $97,799,000, of which $24,538,000 shall
18 2025.
19 TRANSPORTATION SECURITY ADMINISTRATION
21 For necessary expenses of the Transportation Secu-

22 rity Administration for operations and support,
24 2022: Provided, That not to exceed $7,650 shall be for
December 21, 2020 (12:59 p.m.)

666
1 further, That security service fees authorized under section
2 44940 of title 49, United States Code, shall be credited
3 to this appropriation as offsetting collections and shall be
4 available only for aviation security: Provided further, That
5 the sum appropriated under this heading from the general
6 fund shall be reduced on a dollar-for-dollar basis as such
7 offsetting collections are received during fiscal year 2021
8 so as to result in a final fiscal year appropriation from
9 the general fund estimated at not more than
10 $4,853,715,000.

13 rity Administration for procurement, construction, and
14 improvements, $134,492,000, to remain available until
16 RESEARCH AND DEVELOPMENT

18 rity Administration for research and development,
20 2022.
21 COAST GUARD
23 For necessary expenses of the Coast Guard for oper-

24 ations and support including the Coast Guard Reserve;
25 purchase or lease of not to exceed 25 passenger motor ve-
December 21, 2020 (12:59 p.m.)

667
1 hicles, which shall be for replacement only; purchase or
2 lease of small boats for contingent and emergent require-
3 ments (at a unit cost of not more than $700,000) and
4 repairs and service-life replacements, not to exceed a total
5 of $31,000,000; purchase, lease, or improvements of boats
6 necessary for overseas deployments and activities; pay-
7 ments pursuant to section 156 of Public Law 97–377 (42
8 U.S.C. 402 note; 96 Stat. 1920); and recreation and wel-
9 fare; $8,485,146,000, of which $530,000,000 shall be for
10 defense-related activities; of which $24,500,000 shall be
11 derived from the Oil Spill Liability Trust Fund to carry
12 out the purposes of section 1012(a)(5) of the Oil Pollution
13 Act of 1990 (33 U.S.C. 2712(a)(5)); of which
15 2023; of which $21,186,000 shall remain available until
16 September 30, 2025, for environmental compliance and
17 restoration; and of which $70,000,000 shall remain avail-
18 able until September 30, 2022, for vessel depot level main-
19 tenance: Provided, That not to exceed $23,000 shall be
22 For necessary expenses of the Coast Guard for pro-

23 curement, construction, and improvements, including aids
24 to navigation, shore facilities (including facilities at De-
25 partment of Defense installations used by the Coast
December 21, 2020 (12:59 p.m.)

668
1 Guard), and vessels and aircraft, including equipment re-
2 lated thereto, $2,264,041,000, to remain available until
3 September 30, 2025; of which $20,000,000 shall be de-
4 rived from the Oil Spill Liability Trust Fund to carry out
5 the purposes of section 1012(a)(5) of the Oil Pollution Act
6 of 1990 (33 U.S.C. 2712(a)(5)).
8 For necessary expenses of the Coast Guard for re-

9 search and development; and for maintenance, rehabilita-
10 tion, lease, and operation of facilities and equipment;
12 2023, of which $500,000 shall be derived from the Oil
13 Spill Liability Trust Fund to carry out the purposes of
14 section 1012(a)(5) of the Oil Pollution Act of 1990 (33
15 U.S.C. 2712(a)(5)): Provided, That there may be credited
16 to and used for the purposes of this appropriation funds
17 received from State and local governments, other public
18 authorities, private sources, and foreign countries for ex-
19 penses incurred for research, development, testing, and
20 evaluation.
21 RETIRED PAY
22 For retired pay, including the payment of obligations

23 otherwise chargeable to lapsed appropriations for this pur-
24 pose, payments under the Retired Serviceman’s Family
25 Protection and Survivor Benefits Plans, payment for ca-
December 21, 2020 (12:59 p.m.)

669
1 reer status bonuses, payment of continuation pay under
2 section 356 of title 37, United States Code, concurrent
3 receipts, combat-related special compensation, and pay-
4 ments for medical care of retired personnel and their de-
5 pendents under chapter 55 of title 10, United States Code,
7 UNITED STATES SECRET SERVICE
9 For necessary expenses of the United States Secret

10 Service for operations and support, including purchase of
11 not to exceed 652 vehicles for police-type use for replace-
12 ment only; hire of passenger motor vehicles; purchase of
13 motorcycles made in the United States; hire of aircraft;
14 rental of buildings in the District of Columbia; fencing,
15 lighting, guard booths, and other facilities on private or
16 other property not in Government ownership or control,
17 as may be necessary to perform protective functions; con-
18 duct of and participation in firearms matches; presen-
19 tation of awards; conduct of behavioral research in sup-
20 port of protective intelligence and operations; payment in
21 advance for commercial accommodations as may be nec-
22 essary to perform protective functions; and payment, with-
23 out regard to section 5702 of title 5, United States Code,
24 of subsistence expenses of employees who are on protective
25 missions, whether at or away from their duty stations;
December 21, 2020 (12:59 p.m.)

670
1 $2,373,109,000; of which $41,807,000 shall remain avail-
2 able until September 30, 2022, and of which $6,000,000
3 shall be for a grant for activities related to investigations
4 of missing and exploited children; and of which up to
5 $15,000,000 may be for calendar year 2020 premium pay
6 in excess of the annual equivalent of the limitation on the
7 rate of pay contained in section 5547(a) of title 5, United
8 States Code, pursuant to section 2 of the Overtime Pay
9 for Protective Services Act of 2016 (5 U.S.C. 5547 note),
10 as amended by Public Law 115–383: Provided, That not
12 resentation expenses: Provided further, That not to exceed
13 $100,000 shall be to provide technical assistance and
14 equipment to foreign law enforcement organizations in
15 criminal investigations within the jurisdiction of the
16 United States Secret Service.

19 Service for procurement, construction, and improvements,
21 2023.

24 Service for research and development, $11,937,000, to re-
December 21, 2020 (12:59 p.m.)

671
4 Public Law 115–141), related to overtime compensation
5 limitations, shall apply with respect to funds made avail-
6 able in this Act in the same manner as such section ap-
7 plied to funds made available in that Act, except that ‘‘fis-
8 cal year 2021’’ shall be substituted for ‘‘fiscal year 2018’’.
9 SEC. 202. Funding made available under the head-
10 ings ‘‘U.S. Customs and Border Protection—Operations
11 and Support’’ and ‘‘U.S. Customs and Border Protec-
12 tion—Procurement, Construction, and Improvements’’
13 shall be available for customs expenses when necessary to
14 maintain operations and prevent adverse personnel actions
15 in Puerto Rico and the U.S. Virgin Islands, in addition
16 to funding provided by sections 740 and 1406i of title 48,
18 SEC. 203. As authorized by section 601(b) of the
19 United States-Colombia Trade Promotion Agreement Im-
20 plementation Act (Public Law 112–42), fees collected
21 from passengers arriving from Canada, Mexico, or an ad-
22 jacent island pursuant to section 13031(a)(5) of the Con-
23 solidated Omnibus Budget Reconciliation Act of 1985 (19
24 U.S.C. 58c(a)(5)) shall be available until expended.
December 21, 2020 (12:59 p.m.)

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1 SEC. 204. For an additional amount for ‘‘U.S. Cus-
2 toms and Border Protection—Operations and Support’’,
3 $31,000,000, to remain available until expended, to be re-
4 duced by amounts collected and credited to this appropria-
5 tion in fiscal year 2021 from amounts authorized to be
6 collected by section 286(i) of the Immigration and Nation-
7 ality Act (8 U.S.C. 1356(i)), section 10412 of the Farm
9 8311), and section 817 of the Trade Facilitation and
10 Trade Enforcement Act of 2015 (Public Law 114–25), or
11 other such authorizing language: Provided, That to the ex-
12 tent that amounts realized from such collections exceed
13 $31,000,000, those amounts in excess of $31,000,000
14 shall be credited to this appropriation, to remain available
15 until expended.
17 Act for U.S. Customs and Border Protection may be used
18 to prevent an individual not in the business of importing
19 a prescription drug (within the meaning of section 801(g)
20 of the Federal Food, Drug, and Cosmetic Act) from im-
21 porting a prescription drug from Canada that complies
22 with the Federal Food, Drug, and Cosmetic Act: Provided,
23 That this section shall apply only to individuals trans-
24 porting on their person a personal-use quantity of the pre-
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1 scription drug, not to exceed a 90-day supply: Provided
2 further, That the prescription drug may not be—
3 (1) a controlled substance, as defined in section
4 102 of the Controlled Substances Act (21 U.S.C.
5 802); or
6 (2) a biological product, as defined in section
7 351 of the Public Health Service Act (42 U.S.C.
8 262).
10 law, none of the funds provided in this or any other Act
11 shall be used to approve a waiver of the navigation and
12 vessel-inspection laws pursuant to section 501(b) of title
13 46, United States Code, for the transportation of crude
14 oil distributed from and to the Strategic Petroleum Re-
15 serve until the Secretary of Homeland Security, after con-
16 sultation with the Secretaries of the Departments of En-
17 ergy and Transportation and representatives from the
18 United States flag maritime industry, takes adequate
19 measures to ensure the use of United States flag vessels:
20 Provided, That the Secretary shall notify the Committees
21 on Appropriations of the Senate and the House of Rep-
22 resentatives, the Committee on Commerce, Science, and
23 Transportation of the Senate, and the Committee on
24 Transportation and Infrastructure of the House of Rep-
25 resentatives within 2 business days of any request for
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1 waivers of navigation and vessel-inspection laws pursuant
2 to section 501(b) of title 46, United States Code, with re-
3 spect to such transportation, and the disposition of such
4 requests.
5 SEC. 207. (a) Beginning on the date of enactment
6 of this Act, the Secretary of Homeland Security shall
7 not—
8 (1) establish, collect, or otherwise impose any
9 new border crossing fee on individuals crossing the
10 Southern border or the Northern border at a land
11 port of entry; or
12 (2) conduct any study relating to the imposition
13 of a border crossing fee.
14 (b) In this section, the term ‘‘border crossing fee’’
15 means a fee that every pedestrian, cyclist, and driver and
16 passenger of a private motor vehicle is required to pay
17 for the privilege of crossing the Southern border or the
18 Northern border at a land port of entry.
20 enactment of this Act, the Secretary of Homeland Security
21 shall submit an expenditure plan for any amounts made
22 available for ‘‘U.S. Customs and Border Protection—Pro-
23 curement, Construction, and Improvements’’ in this Act
24 and prior Acts to the Committees on Appropriations of
25 the Senate and the House of Representatives: Provided,
December 21, 2020 (12:59 p.m.)

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1 That no such amounts may be obligated prior to the sub-
2 mission of such plan.
3 SEC. 209. Of the total amount made available under
4 ‘‘U.S. Customs and Border Protection—Procurement,
5 Construction, and Improvements’’, $464,634,000 shall be
6 available only as follows:
7 (1) $160,530,000 for the acquisition and de-
8 ployment of border security technologies and trade
9 and travel assets and infrastructure;
10 (2) $142,399,000 for facility construction and
11 improvements;
12 (3) $119,076,000 for integrated operations as-
13 sets and infrastructure; and
14 (4) $42,629,000 for mission support and infra-
15 structure.
16 SEC. 210. Of the total amount made available under
17 ‘‘U.S. Customs and Border Protection—Procurement,
18 Construction, and Improvements’’, an amount equal to the
19 amount made available in section 209(a)(1) of division D
20 of the Consolidated Appropriations Act, 2020 (Public Law
21 116–93) shall be made available for the same purposes
22 as the amount provided under such section in such Act.
23 SEC. 211. Federal funds may not be made available
24 for the construction of fencing—
25 (1) within the Santa Ana Wildlife Refuge;
December 21, 2020 (12:59 p.m.)

676
1 (2) within the Bentsen-Rio Grande Valley State
2 Park;
3 (3) within La Lomita Historical park;
4 (4) within the National Butterfly Center;
5 (5) within or east of the Vista del Mar Ranch
6 tract of the Lower Rio Grande Valley National Wild-
7 life Refuge; or
8 (6) within historic cemeteries.
9 SEC. 212. Funds made available in this Act may be
10 used to alter operations within the National Targeting
11 Center of U.S. Customs and Border Protection: Provided,
12 That none of the funds provided by this Act, provided by
13 previous appropriations Acts that remain available for ob-
14 ligation or expenditure in fiscal year 2021, or provided
15 from any accounts in the Treasury of the United States
16 derived by the collection of fees available to the compo-
17 nents funded by this Act, may be used to reduce antici-
18 pated or planned vetting operations at existing locations
19 unless specifically authorized by a statute enacted after
21 SEC. 213. Without regard to the limitation as to time
22 and condition of section 503(d) of this Act, the Secretary
23 may reprogram within and transfer funds to ‘‘U.S. Immi-
24 gration and Customs Enforcement—Operations and Sup-
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677
1 port’’ as necessary to ensure the detention of aliens
2 prioritized for removal.
3 SEC. 214. None of the funds provided under the
4 heading ‘‘U.S. Immigration and Customs Enforcement—
5 Operations and Support’’ may be used to continue a dele-
6 gation of law enforcement authority authorized under sec-
7 tion 287(g) of the Immigration and Nationality Act (8
8 U.S.C. 1357(g)) if the Department of Homeland Security
9 Inspector General determines that the terms of the agree-
10 ment governing the delegation of authority have been ma-
11 terially violated.
12 SEC. 215. (a) None of the funds provided under the
13 heading ‘‘U.S. Immigration and Customs Enforcement—
14 Operations and Support’’ may be used to continue any
15 contract for the provision of detention services if the two
16 most recent overall performance evaluations received by
17 the contracted facility are less than ‘‘adequate’’ or the
18 equivalent median score in any subsequent performance
19 evaluation system.
20 (b) Beginning not later than January 1, 2021, the
21 performance evaluations referenced in subsection (a) shall
22 be conducted by the U.S. Immigration and Customs En-
23 forcement Office of Professional Responsibility.
24 SEC. 216. The reports required to be submitted under
25 section 218 of the Department of Homeland Security Ap-
December 21, 2020 (12:59 p.m.)

678
1 propriations Act, 2020 (division D of Public Law 116–
2 93) shall continue to be submitted with respect to the pe-
3 riod beginning 15 days after the date of the enactment
4 of this Act and semimonthly thereafter, and each matter
5 required to be included in such report by such section 218
6 shall apply in the same manner and to the same extent
7 during the period described in this section, except that for
8 purposes of reports submitted with respect to such period
9 described, the following additional requirements shall be
10 treated as being included as subparagraphs (H) through
11 (J) of paragraph (1) of such section 218—
12 (1) the average lengths of stay, including aver-
13 age post-determination length of stay in the case of
14 detainees described in subparagraph (F), for individ-
15 uals who remain in detention as of the last date of
16 each such reporting period;
17 (2) the number who have been in detention,
18 disaggregated by the number of detainees described
19 in subparagraph (F), for each of the following—
20 (A) over 2 years;
21 (B) from over 1 year to 2 years;
22 (C) from over 6 months to 1 year; and
23 (D) for less than 6 months; and
24 (3) the number of individuals described in sec-
25 tion 115.5 of title 28, Code of Federal Regulations,
December 21, 2020 (12:59 p.m.)

679
1 including the use and duration of solitary confine-
2 ment for such person.
3 SEC. 217. The terms and conditions of sections 216
4 and 217 of the Department of Homeland Security Appro-
5 priations Act, 2020 (division D of Public Law 116–93)
6 shall apply to this Act.
7 SEC. 218. Members of the United States House of
8 Representatives and the United States Senate, including
9 the leadership; the heads of Federal agencies and commis-
10 sions, including the Secretary, Deputy Secretary, Under
11 Secretaries, and Assistant Secretaries of the Department
12 of Homeland Security; the United States Attorney Gen-
13 eral, Deputy Attorney General, Assistant Attorneys Gen-
14 eral, and the United States Attorneys; and senior mem-
15 bers of the Executive Office of the President, including
16 the Director of the Office of Management and Budget,
17 shall not be exempt from Federal passenger and baggage
18 screening.
19 SEC. 219. Any award by the Transportation Security
20 Administration to deploy explosives detection systems
21 shall be based on risk, the airport’s current reliance on
22 other screening solutions, lobby congestion resulting in in-
23 creased security concerns, high injury rates, airport readi-
24 ness, and increased cost effectiveness.
December 21, 2020 (12:59 p.m.)

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1 SEC. 220. Notwithstanding section 44923 of title 49,
2 United States Code, for fiscal year 2021, any funds in
3 the Aviation Security Capital Fund established by section
4 44923(h) of title 49, United States Code, may be used
5 for the procurement and installation of explosives detec-
6 tion systems or for the issuance of other transaction agree-
7 ments for the purpose of funding projects described in sec-
8 tion 44923(a) of such title.
10 or any other Act may be used by the Administrator of
11 the Transportation Security Administration to implement,
12 administer, or enforce, in abrogation of the responsibility
13 described in section 44903(n)(1) of title 49, United States
14 Code, any requirement that airport operators provide air-
15 port-financed staffing to monitor exit points from the ster-
16 ile area of any airport at which the Transportation Secu-
17 rity Administration provided such monitoring as of De-
18 cember 1, 2013.
19 SEC. 222. Not later than 30 days after the submis-
20 sion of the President’s budget proposal, the Administrator
21 of the Transportation Security Administration shall sub-
22 mit to the Committees on Appropriations and Commerce,
23 Science, and Transportation of the Senate and the Com-
24 mittees on Appropriations and Homeland Security in the
December 21, 2020 (12:59 p.m.)

681
1 House of Representatives a single report that fulfills the
2 following requirements:
3 (1) a Capital Investment Plan that includes a
4 plan for continuous and sustained capital investment
5 in new, and the replacement of aged, transportation
6 security equipment;
7 (2) the 5-year technology investment plan as re-
8 quired by section 1611 of title XVI of the Homeland
9 Security Act of 2002, as amended by section 3 of
10 the Transportation Security Acquisition Reform Act
11 (Public Law 113–245); and
12 (3) the Advanced Integrated Passenger Screen-
13 ing Technologies report as required by the Senate
14 Report accompanying the Department of Homeland
15 Security Appropriations Act, 2019 (Senate Report
16 115–283).
17 SEC. 223. Section 225 of division A of Public Law
18 116–6 (49 U.S.C. 44901 note; relating to a pilot program
19 for screening outside of an existing primary passenger ter-
20 minal screening area) is amended in subsection (e) by
21 striking ‘‘2021’’ and inserting ‘‘2023’’.
23 Act under the heading ‘‘Coast Guard—Operations and
24 Support’’ shall be for expenses incurred for recreational
25 vessels under section 12114 of title 46, United States
December 21, 2020 (12:59 p.m.)

682
1 Code, except to the extent fees are collected from owners
2 of yachts and credited to the appropriation made available
3 by this Act under the heading ‘‘Coast Guard—Operations
4 and Support’’: Provided, That to the extent such fees are
5 insufficient to pay expenses of recreational vessel docu-
6 mentation under such section 12114, and there is a back-
7 log of recreational vessel applications, personnel per-
8 forming non-recreational vessel documentation functions
9 under subchapter II of chapter 121 of title 46, United
10 States Code, may perform documentation under section
11 12114.
12 SEC. 225. Without regard to the limitation as to time
13 and condition of section 503(d) of this Act, after June
14 30, up to $10,000,000 may be reprogrammed to or from
15 the Military Pay and Allowances funding category within
16 ‘‘Coast Guard—Operations and Support’’ in accordance
17 with subsection (a) of section 503 of this Act.
19 law, the Commandant of the Coast Guard shall submit
20 to the Committees on Appropriations of the Senate and
21 the House of Representatives a future-years capital invest-
22 ment plan as described in the second proviso under the
23 heading ‘‘Coast Guard—Acquisition, Construction, and
24 Improvements’’ in the Department of Homeland Security
25 Appropriations Act, 2015 (Public Law 114–4), which shall
December 21, 2020 (12:59 p.m.)

683
1 be subject to the requirements in the third and fourth pro-
2 visos under such heading.
3 SEC. 227. Of the funds made available for defense-
4 related activities under the heading ‘‘Coast Guard—Oper-
5 ations and Support’’, up to $190,000,000 that are used
6 for enduring overseas missions in support of the global
7 fight against terror may be reallocated by program,
8 project, and activity, notwithstanding section 503 of this
9 Act.
11 to reduce the Coast Guard’s Operations Systems Center
12 mission or its government-employed or contract staff lev-
13 els.
15 may be used to conduct, or to implement the results of,
16 a competition under Office of Management and Budget
17 Circular A–76 for activities performed with respect to the
18 Coast Guard National Vessel Documentation Center.
19 SEC. 230. Funds made available in this Act may be
20 used to alter operations within the Civil Engineering Pro-
21 gram of the Coast Guard nationwide, including civil engi-
22 neering units, facilities design and construction centers,
23 maintenance and logistics commands, and the Coast
24 Guard Academy, except that none of the funds provided
25 in this Act may be used to reduce operations within any
December 21, 2020 (12:59 p.m.)

684
1 civil engineering unit unless specifically authorized by a
2 statute enacted after the date of enactment of this Act.
3 SEC. 231. Amounts deposited into the Coast Guard
4 Housing Fund in fiscal year 2021 shall be available until
5 expended to carry out the purposes of section 2946 of title
6 14, United States Code, and shall be in addition to funds
7 otherwise available for such purposes.
8 SEC. 232. The United States Secret Service is au-
9 thorized to obligate funds in anticipation of reimburse-
10 ments from executive agencies, as defined in section 105
11 of title 5, United States Code, for personnel receiving
12 training sponsored by the James J. Rowley Training Cen-
13 ter, except that total obligations at the end of the fiscal
14 year shall not exceed total budgetary resources available
15 under the heading ‘‘United States Secret Service—Oper-
16 ations and Support’’ at the end of the fiscal year.
18 United States Secret Service by this Act or by previous
19 appropriations Acts may be made available for the protec-
20 tion of the head of a Federal agency other than the Sec-
21 retary of Homeland Security: Provided, That the Director
22 of the United States Secret Service may enter into agree-
23 ments to provide such protection on a fully reimbursable
24 basis.
December 21, 2020 (12:59 p.m.)

685
1 SEC. 234. For purposes of section 503(a)(3) of this
2 Act, up to $15,000,000 may be reprogrammed within
3 ‘‘United States Secret Service—Operations and Support’’.
4 SEC. 235. Funding made available in this Act for
5 ‘‘United States Secret Service—Operations and Support’’
6 is available for travel of United States Secret Service em-
7 ployees on protective missions without regard to the limi-
8 tations on such expenditures in this or any other Act if
9 the Director of the United States Secret Service or a des-
10 ignee notifies the Committees on Appropriations of the
11 Senate and the House of Representatives 10 or more days
12 in advance, or as early as practicable, prior to such ex-
13 penditures.
December 21, 2020 (12:59 p.m.)

686
1 TITLE III
2 PROTECTION, PREPAREDNESS, RESPONSE, AND
3 RECOVERY
4 CYBERSECURITY AND INFRASTRUCTURE SECURITY
5 AGENCY
7 For necessary expenses of the Cybersecurity and In-

8 frastructure Security Agency for operations and support,
9 $1,662,066,000, of which $22,793,000, shall remain avail-
10 able until September 30, 2022: Provided, That not to ex-
11 ceed $3,825 shall be for official reception and representa-
12 tion expenses.

15 frastructure Security Agency for procurement, construc-
16 tion, and improvements, $353,479,000, to remain avail-

20 frastructure Security Agency for research and develop-
21 ment, $9,431,000, to remain available until September 30,
22 2022.
December 21, 2020 (12:59 p.m.)

687
1 FEDERAL EMERGENCY MANAGEMENT AGENCY
3 For necessary expenses of the Federal Emergency

4 Management Agency for operations and support,
5 $1,129,282,000: Provided, That not to exceed $2,250
6 shall be for official reception and representation expenses.
8 For necessary expenses of the Federal Emergency

9 Management Agency for procurement, construction, and
10 improvements, $105,985,000, of which $58,387,000 shall
13 2025.
15 For activities of the Federal Emergency Management

16 Agency for Federal assistance through grants, contracts,
17 cooperative agreements, and other activities,
18 $3,294,892,000, which shall be allocated as follows:
19 (1) $610,000,000 for the State Homeland Secu-
20 rity Grant Program under section 2004 of the
21 Homeland Security Act of 2002 (6 U.S.C. 605), of
22 which $90,000,000 shall be for Operation
23 Stonegarden, $15,000,000 shall be for Tribal Home-
24 land Security Grants under section 2005 of the
25 Homeland Security Act of 2002 (6 U.S.C. 606), and
December 21, 2020 (12:59 p.m.)

688
1 $90,000,000 shall be for organizations (as described
2 under section 501(c)(3) of the Internal Revenue
3 Code of 1986 and exempt from tax under section
4 501(a) of such code) determined by the Secretary of
5 Homeland Security to be at high risk of a terrorist
6 attack: Provided, That notwithstanding subsection
7 (c)(4) of such section 2004, for fiscal year 2021, the
8 Commonwealth of Puerto Rico shall make available
9 to local and tribal governments amounts provided to
10 the Commonwealth of Puerto Rico under this para-
11 graph in accordance with subsection (c)(1) of such
12 section 2004.
13 (2) $705,000,000 for the Urban Area Security
14 Initiative under section 2003 of the Homeland Secu-
15 rity Act of 2002 (6 U.S.C. 604), of which
16 $90,000,000 shall be for organizations (as described
17 under section 501(c)(3) of the Internal Revenue
18 Code of 1986 and exempt from tax under section
19 501(a) of such code) determined by the Secretary of
20 Homeland Security to be at high risk of a terrorist
21 attack.
22 (3) $100,000,000 for Public Transportation Se-
23 curity Assistance, Railroad Security Assistance, and
24 Over-the-Road Bus Security Assistance under sec-
25 tions 1406, 1513, and 1532 of the Implementing
December 21, 2020 (12:59 p.m.)

689
1 Recommendations of the 9/11 Commission Act of
2 2007 (6 U.S.C. 1135, 1163, and 1182), of which
3 $10,000,000 shall be for Amtrak security and
4 $2,000,000 shall be for Over-the-Road Bus Security:
5 Provided, That such public transportation security
6 assistance shall be provided directly to public trans-
7 portation agencies.
8 (4) $100,000,000 for Port Security Grants in
9 accordance with section 70107 of title 46, United
10 States Code.
11 (5) $720,000,000, to remain available until
12 September 30, 2022, of which $360,000,000 shall be
13 for Assistance to Firefighter Grants and
14 $360,000,000 shall be for Staffing for Adequate
15 Fire and Emergency Response Grants under sec-
16 tions 33 and 34 respectively of the Federal Fire Pre-
17 vention and Control Act of 1974 (15 U.S.C. 2229
18 and 2229a).
19 (6) $355,000,000 for emergency management
20 performance grants under the National Flood Insur-
21 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob-
22 ert T. Stafford Disaster Relief and Emergency As-
23 sistance Act (42 U.S.C. 5121), the Earthquake Haz-
24 ards Reduction Act of 1977 (42 U.S.C. 7701), sec-
December 21, 2020 (12:59 p.m.)

690
1 tion 762 of title 6, United States Code, and Reorga-
2 nization Plan No. 3 of 1978 (5 U.S.C. App.).
3 (7) $263,000,000 for necessary expenses for
4 Flood Hazard Mapping and Risk Analysis, in addi-
5 tion to and to supplement any other sums appro-
6 priated under the National Flood Insurance Fund,
7 and such additional sums as may be provided by
8 States or other political subdivisions for cost-shared
9 mapping activities under section 1360(f)(2) of the
10 National Flood Insurance Act of 1968 (42 U.S.C.
11 4101(f)(2)), to remain available until expended.
12 (8) $12,000,000 for Regional Catastrophic Pre-
13 paredness Grants.
14 (9) $12,000,000 for Rehabilitation of High
15 Hazard Potential Dams under section 8A of the Na-
16 tional Dam Safety Program Act (33 U.S.C. 467f–2).
17 (10) $130,000,000 for the emergency food and
18 shelter program under title III of the McKinney-
19 Vento Homeless Assistance Act (42 U.S.C. 11331),
20 to remain available until expended: Provided, That
21 not to exceed 3.5 percent shall be for total adminis-
22 trative costs.
23 (11) $287,892,000 to sustain current oper-
24 ations for training, exercises, technical assistance,
25 and other programs.
December 21, 2020 (12:59 p.m.)

691
1 DISASTER RELIEF FUND
3 For necessary expenses in carrying out the Robert

4 T. Stafford Disaster Relief and Emergency Assistance Act
5 (42 U.S.C. 5121 et seq.), $17,142,000,000, to remain
6 available until expended, shall be for major disasters de-
7 clared pursuant to the Robert T. Stafford Disaster Relief
8 and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
9 and is designated by the Congress as being for disaster
10 relief pursuant to section 251(b)(2)(D) of the Balanced
11 Budget and Emergency Deficit Control Act of 1985: Pro-
12 vided, That of the amount provided under this heading,
13 up to $250,000,000 may be transferred to the Disaster
14 Assistance Direct Loan Program Account for the cost of
15 direct loans as authorized under section 417 of the Robert
16 T. Stafford Disaster Relief and Emergency Assistance Act
17 (42 U.S.C. 5184), including loans issued pursuant to sec-
18 tion 311 of this Act, of which $3,000,000 is for adminis-
19 trative expenses.
20 NATIONAL FLOOD INSURANCE FUND
21 For activities under the National Flood Insurance

22 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster
23 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the
24 Biggert-Waters Flood Insurance Reform Act of 2012
25 (Public Law 112–141, 126 Stat. 916), and the Home-
December 21, 2020 (12:59 p.m.)

692
1 owner Flood Insurance Affordability Act of 2014 (Public
2 Law 113–89; 128 Stat. 1020), $204,412,000, to remain
3 available until September 30, 2022, which shall be derived
4 from offsetting amounts collected under section 1308(d)
5 of the National Flood Insurance Act of 1968 (42 U.S.C.
6 4015(d)); of which $13,906,000 shall be available for mis-
7 sion support associated with flood management; and of
8 which $190,506,000 shall be available for flood plain man-
9 agement and flood mapping: Provided, That any addi-
10 tional fees collected pursuant to section 1308(d) of the
12 4015(d)) shall be credited as offsetting collections to this
13 account, to be available for flood plain management and
14 flood mapping: Provided further, That in fiscal year 2021,
15 no funds shall be available from the National Flood Insur-
16 ance Fund under section 1310 of the National Flood In-
17 surance Act of 1968 (42 U.S.C. 4017) in excess of—
18 (1) $181,021,000 for operating expenses and
19 salaries and expenses associated with flood insurance
20 operations;
21 (2) $1,164,000,000 for commissions and taxes
22 of agents;
23 (3) such sums as are necessary for interest on
24 Treasury borrowings; and
December 21, 2020 (12:59 p.m.)

693
1 (4) $175,000,000, which shall remain available
2 until expended, for flood mitigation actions and for
3 flood mitigation assistance under section 1366 of the
5 4104c), notwithstanding sections 1366(e) and
6 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
7 Provided further, That the amounts collected under section
8 102 of the Flood Disaster Protection Act of 1973 (42
9 U.S.C. 4012a) and section 1366(e) of the National Flood
10 Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de-
11 posited in the National Flood Insurance Fund to supple-
12 ment other amounts specified as available for section 1366
13 of the National Flood Insurance Act of 1968, notwith-
14 standing section 102(f)(8), section 1366(e) of the National
15 Flood Insurance Act of 1968, and paragraphs (1) through
16 (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8),
17 4104c(e), 4104d(b)(1)–(3)): Provided further, That total
18 administrative costs shall not exceed 4 percent of the total
19 appropriation: Provided further, That up to $5,000,000 is
20 available to carry out section 24 of the Homeowner Flood
21 Insurance Affordability Act of 2014 (42 U.S.C. 4033).
23 SEC. 301. Funds made available under the heading
24 ‘‘Cybersecurity and Infrastructure Security Agency—Op-
25 erations and Support’’ may be made available for the nec-
December 21, 2020 (12:59 p.m.)

694
1 essary expenses of carrying out the competition specified
2 in section 2(e) of Executive Order No. 13870 (May 2,
3 2019), including the provision of monetary and non-mone-
4 tary awards for Federal civilian employees and members
5 of the uniformed services, the necessary expenses for the
6 honorary recognition of any award recipients, and activi-
7 ties to encourage participation in the competition, includ-
8 ing promotional items: Provided, That any awards made
9 pursuant to this section shall be of the same type and
10 amount as those authorized under sections 4501 through
12 SEC. 302. Notwithstanding section 2008(a)(12) of
13 the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12))
14 or any other provision of law, not more than 5 percent
15 of the amount of a grant made available in paragraphs
16 (1) through (4) under ‘‘Federal Emergency Management
17 Agency—Federal Assistance’’, may be used by the grantee
18 for expenses directly related to administration of the
19 grant.
20 SEC. 303. Applications for grants under the heading
21 ‘‘Federal Emergency Management Agency—Federal As-
22 sistance’’, for paragraphs (1) through (4), shall be made
23 available to eligible applicants not later than 60 days after
24 the date of enactment of this Act, eligible applicants shall
25 submit applications not later than 80 days after the grant
December 21, 2020 (12:59 p.m.)

695
1 announcement, and the Administrator of the Federal
2 Emergency Management Agency shall act within 65 days
3 after the receipt of an application.
4 SEC. 304. Under the heading ‘‘Federal Emergency
5 Management Agency—Federal Assistance’’, for grants
6 under paragraphs (1) through (4), (8), and (9), the Ad-
7 ministrator of the Federal Emergency Management Agen-
8 cy shall brief the Committees on Appropriations of the
9 Senate and the House of Representatives 5 full business
10 days in advance of announcing publicly the intention of
11 making an award.
12 SEC. 305. Under the heading ‘‘Federal Emergency
13 Management Agency—Federal Assistance’’, for grants
14 under paragraphs (1) and (2), the installation of commu-
15 nications towers is not considered construction of a build-
16 ing or other physical facility.
17 SEC. 306. The reporting requirements in paragraphs
18 (1) and (2) under the heading ‘‘Federal Emergency Man-
19 agement Agency—Disaster Relief Fund’’ in the Depart-
20 ment of Homeland Security Appropriations Act, 2015
21 (Public Law 114–4) shall be applied in fiscal year 2021
22 with respect to budget year 2022 and current fiscal year
23 2021, respectively—
24 (1) in paragraph (1) by substituting ‘‘fiscal
25 year 2022’’ for ‘‘fiscal year 2016’’; and
December 21, 2020 (12:59 p.m.)

696
1 (2) in paragraph (2) by inserting ‘‘business’’
2 after ‘‘fifth’’.
3 SEC. 307. In making grants under the heading ‘‘Fed-
4 eral Emergency Management Agency—Federal Assist-
5 ance’’, for Staffing for Adequate Fire and Emergency Re-
6 sponse grants, the Administrator of the Federal Emer-
7 gency Management Agency may grant waivers from the
8 requirements in subsections (a)(1)(A), (a)(1)(B),
9 (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the
10 Federal Fire Prevention and Control Act of 1974 (15
11 U.S.C. 2229a).
12 SEC. 308. The aggregate charges assessed during fis-
13 cal year 2021, as authorized in title III of the Depart-
14 ments of Veterans Affairs and Housing and Urban Devel-
15 opment, and Independent Agencies Appropriations Act,
16 1999 (42 U.S.C. 5196e), shall not be less than 100 per-
17 cent of the amounts anticipated by the Department of
18 Homeland Security to be necessary for its Radiological
19 Emergency Preparedness Program for the next fiscal year:
20 Provided, That the methodology for assessment and collec-
21 tion of fees shall be fair and equitable and shall reflect
22 costs of providing such services, including administrative
23 costs of collecting such fees: Provided further, That such
24 fees shall be deposited in a Radiological Emergency Pre-
25 paredness Program account as offsetting collections and
December 21, 2020 (12:59 p.m.)

697
1 will become available for authorized purposes on October
2 1, 2021, and remain available until expended.
3 SEC. 309. (a) Any balances of funds appropriated in
4 any prior Act for activities funded by National Predisaster
5 Mitigation Fund under section 203 of the Robert T. Staf-
6 ford Disaster Relief and Emergency Assistance Act (42
7 U.S.C. 5133) (as in effect on the day before the date of
8 enactment of section 1234 of division D of Public Law
9 115–254) may be transferred to and merged for all pur-
10 poses with the funds set aside pursuant to subsection
11 (i)(1) of section 203 of the Robert T. Stafford Disaster
12 Relief and Emergency Assistance Act (42 U.S.C. 5133),
13 as in effect on the date of the enactment of this section.
14 (b) The transfer authorized in subsection (a) may not
15 occur until the Administrator of the Federal Emergency
16 Management Agency submits to the Committees on Ap-
17 propriations of the Senate and the House of Representa-
18 tives a plan for the obligation of funds pursuant to such
19 subsection (i)(1), including the criteria to be used for
20 awarding grants and a process for tracking the obligation
21 of such transferred funds.
22 SEC. 310. In making grants under the heading ‘‘Fed-
23 eral Emergency Management Agency—Federal Assist-
24 ance’’, for Assistance to Firefighter Grants, the Adminis-
25 trator of the Federal Emergency Management Agency
December 21, 2020 (12:59 p.m.)

698
1 may waive subsection (k) of section 33 of the Federal Fire
2 Prevention and Control Act of 1974 (15 U.S.C. 2229).
3 SEC. 311. (a) For major disasters declared in 2018
4 pursuant to the Robert T. Stafford Disaster Relief and
5 Emergency Assistance Act (42 U.S.C. 5170), a territory
6 or possession of the United States shall be deemed to be
7 a local government for purposes of section 417 of such
8 Act (42 U.S.C. 5184) and section 206.361(a) of title 44,
9 Code of Federal Regulations.
10 (b) Notwithstanding section 206.361(a) of title 44,
11 Code of Federal Regulations, the President may provide
12 a loan until the last day of the fiscal year that is 3 fiscal
13 years after the fiscal year in which the natural disaster
14 described in such subsection occurs.
15 (c) Notwithstanding section 417(b) of such Act and
16 section 206.361(b) of title 44, Code of Federal Regula-
17 tions, the amount of any loan issued to a territory or pos-
18 session may—
19 (1) exceed $5,000,000; and
20 (2) may be based on the projected loss of tax
21 and other revenues and on projected cash outlays
22 not previously budgeted for a period not to exceed
23 1 year beginning on the date that the major disaster
24 occurred.
December 21, 2020 (12:59 p.m.)

699
1 TITLE IV
2 RESEARCH, DEVELOPMENT, TRAINING, AND
3 SERVICES
4 U.S. CITIZENSHIP AND IMMIGRATION SERVICES
6 For necessary expenses of U.S. Citizenship and Im-

7 migration Services for operations and support of the E-
8 Verify Program, $117,790,000.
10 For necessary expenses of U.S. Citizenship and Im-

11 migration Services for Federal assistance for the Citizen-
12 ship and Integration Grant Program, $10,000,000.
13 FEDERAL LAW ENFORCEMENT TRAINING CENTERS
15 For necessary expenses of the Federal Law Enforce-

16 ment Training Centers for operations and support, includ-
17 ing the purchase of not to exceed 117 vehicles for police-
18 type use and hire of passenger motor vehicles, and services
20 Code, $314,348,000, of which $61,391,000 shall remain
21 available until September 30, 2022: Provided, That not
23 resentation expenses.
December 21, 2020 (12:59 p.m.)

700
2 For necessary expenses of the Federal Law Enforce-

3 ment Training Centers for procurement, construction, and
4 improvements, $26,000,000, to remain available until Sep-
5 tember 30, 2025, for acquisition of necessary additional
6 real property and facilities, construction and ongoing
7 maintenance, facility improvements and related expenses
8 of the Federal Law Enforcement Training Centers.
9 SCIENCE AND TECHNOLOGY DIRECTORATE
11 For necessary expenses of the Science and Tech-

12 nology Directorate for operations and support, including
13 the purchase or lease of not to exceed 5 vehicles,
17 tion expenses.

20 nology Directorate for procurement, construction, and im-
21 provements, $18,927,000, to remain available until Sep-
22 tember 30, 2025.

25 nology Directorate for research and development,
December 21, 2020 (12:59 p.m.)

701
2 2023.
3 COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
5 For necessary expenses of the Countering Weapons

6 of Mass Destruction Office for operations and support,
10 tion expenses.

13 of Mass Destruction Office for procurement, construction,
14 and improvements, $87,413,000, to remain available until

18 of Mass Destruction Office for research and development,
20 2023.

23 of Mass Destruction Office for Federal assistance through
24 grants, contracts, cooperative agreements, and other ac-
December 21, 2020 (12:59 p.m.)

702
1 tivities, $69,663,000, to remain available until September
2 30, 2023.
5 law, funds otherwise made available to U.S. Citizenship
6 and Immigration Services may be used to acquire, operate,
7 equip, and dispose of up to 5 vehicles, for replacement
8 only, for areas where the Administrator of General Serv-
9 ices does not provide vehicles for lease: Provided, That the
10 Director of U.S. Citizenship and Immigration Services
11 may authorize employees who are assigned to those areas
12 to use such vehicles to travel between the employees’ resi-
13 dences and places of employment.
15 may be used to process or approve a competition under
16 Office of Management and Budget Circular A–76 for serv-
17 ices provided by employees (including employees serving
18 on a temporary or term basis) of U.S. Citizenship and Im-
19 migration Services of the Department of Homeland Secu-
20 rity who are known as Immigration Information Officers,
21 Immigration Service Analysts, Contact Representatives,
22 Investigative Assistants, or Immigration Services Officers.
23 SEC. 403. The terms and conditions of section 403
24 of the Department of Homeland Security Appropriations
December 21, 2020 (12:59 p.m.)

703
1 Act, 2020 (division D of Public Law 116–93) shall apply
2 to this Act.
3 SEC. 404. The Director of the Federal Law Enforce-
4 ment Training Centers is authorized to distribute funds
5 to Federal law enforcement agencies for expenses incurred
6 participating in training accreditation.
7 SEC. 405. The Federal Law Enforcement Training
8 Accreditation Board, including representatives from the
9 Federal law enforcement community and non-Federal ac-
10 creditation experts involved in law enforcement training,
11 shall lead the Federal law enforcement training accredita-
12 tion process to continue the implementation of measuring
13 and assessing the quality and effectiveness of Federal law
14 enforcement training programs, facilities, and instructors.
15 SEC. 406. The Director of the Federal Law Enforce-
16 ment Training Centers may accept transfers to its ‘‘Pro-
17 curement, Construction, and Improvements’’ account from
18 Government agencies requesting the construction of spe-
19 cial use facilities, as authorized by the Economy Act (31
20 U.S.C. 1535(b)): Provided, That the Federal Law En-
21 forcement Training Centers maintain administrative con-
22 trol and ownership upon completion of such facilities.
23 SEC. 407. The functions of the Federal Law Enforce-
24 ment Training Centers instructor staff shall be classified
25 as inherently governmental for purposes of the Federal
December 21, 2020 (12:59 p.m.)

704
1 Activities Inventory Reform Act of 1998 (31 U.S.C. 501
2 note).
December 21, 2020 (12:59 p.m.)

705
1 TITLE V
3 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

7 SEC. 502. Subject to the requirements of section 503
8 of this Act, the unexpended balances of prior appropria-
9 tions provided for activities in this Act may be transferred
10 to appropriation accounts for such activities established
11 pursuant to this Act, may be merged with funds in the
12 applicable established accounts, and thereafter may be ac-
13 counted for as one fund for the same time period as origi-
14 nally enacted.
15 SEC. 503. (a) None of the funds provided by this Act,
16 provided by previous appropriations Acts to the compo-
17 nents in or transferred to the Department of Homeland
18 Security that remain available for obligation or expendi-
19 ture in fiscal year 2021, or provided from any accounts
20 in the Treasury of the United States derived by the collec-
21 tion of fees available to the components funded by this
22 Act, shall be available for obligation or expenditure
23 through a reprogramming of funds that—
24 (1) creates or eliminates a program, project, or
25 activity, or increases funds for any program, project,
December 21, 2020 (12:59 p.m.)

706
1 or activity for which funds have been denied or re-
2 stricted by the Congress;
3 (2) contracts out any function or activity pres-
4 ently performed by Federal employees or any new
5 function or activity proposed to be performed by
6 Federal employees in the President’s budget pro-
7 posal for fiscal year 2021 for the Department of
8 Homeland Security;
9 (3) augments funding for existing programs,
10 projects, or activities in excess of $5,000,000 or 10
11 percent, whichever is less;
12 (4) reduces funding for any program, project,
13 or activity, or numbers of personnel, by 10 percent
14 or more; or
16 duction in personnel that would result in a change
17 in funding levels for programs, projects, or activities
18 as approved by the Congress.
19 (b) Subsection (a) shall not apply if the Committees
20 on Appropriations of the Senate and the House of Rep-
21 resentatives are notified at least 15 days in advance of
22 such reprogramming.
23 (c) Up to 5 percent of any appropriation made avail-
24 able for the current fiscal year for the Department of
25 Homeland Security by this Act or provided by previous
December 21, 2020 (12:59 p.m.)

707
1 appropriations Acts may be transferred between such ap-
2 propriations if the Committees on Appropriations of the
3 Senate and the House of Representatives are notified at
4 least 30 days in advance of such transfer, but no such
5 appropriation, except as otherwise specifically provided,
6 shall be increased by more than 10 percent by such trans-
7 fer.
8 (d) Notwithstanding subsections (a), (b), and (c), no
9 funds shall be reprogrammed within or transferred be-
10 tween appropriations based upon an initial notification
11 provided after June 30, except in extraordinary cir-
12 cumstances that imminently threaten the safety of human
13 life or the protection of property.
14 (e) The notification thresholds and procedures set
15 forth in subsections (a), (b), (c), and (d) shall apply to
16 any use of deobligated balances of funds provided in pre-
17 vious Department of Homeland Security Appropriations
18 Acts that remain available for obligation in the current
19 year.
20 (f) Notwithstanding subsection (c), the Secretary of
21 Homeland Security may transfer to the fund established
22 by 8 U.S.C. 1101 note, up to $20,000,000 from appro-
23 priations available to the Department of Homeland Secu-
24 rity: Provided, That the Secretary shall notify the Com-
25 mittees on Appropriations of the Senate and the House
December 21, 2020 (12:59 p.m.)

708
1 of Representatives at least 5 days in advance of such
2 transfer.
5 Public Law 115–31), related to the operations of a work-
6 ing capital fund, shall apply with respect to funds made
7 available in this Act in the same manner as such section
8 applied to funds made available in that Act: Provided,
9 That funds from such working capital fund may be obli-
10 gated and expended in anticipation of reimbursements
11 from components of the Department of Homeland Secu-
12 rity.
15 remaining available at the end of fiscal year 2021, as re-
16 corded in the financial records at the time of a reprogram-
17 ming notification, but not later than June 30, 2022, from
18 appropriations for ‘‘Operations and Support’’ for fiscal
19 year 2021 in this Act shall remain available through Sep-
20 tember 30, 2022, in the account and for the purposes for
21 which the appropriations were provided: Provided, That
22 prior to the obligation of such funds, a notification shall
24 Senate and the House of Representatives in accordance
25 with section 503 of this Act.
December 21, 2020 (12:59 p.m.)

709
1 SEC. 506. Funds made available by this Act for intel-
2 ligence activities are deemed to be specifically authorized
3 by the Congress for purposes of section 504 of the Na-
4 tional Security Act of 1947 (50 U.S.C. 414) during fiscal
5 year 2021 until the enactment of an Act authorizing intel-
6 ligence activities for fiscal year 2021.
7 SEC. 507. (a) The Secretary of Homeland Security,
8 or the designee of the Secretary, shall notify the Commit-
9 tees on Appropriations of the Senate and the House of
10 Representatives at least 3 full business days in advance
11 of—
12 (1) making or awarding a grant allocation or
13 grant in excess of $1,000,000;
14 (2) making or awarding a contract, other trans-
15 action agreement, or task or delivery order on a De-
16 partment of Homeland Security multiple award con-
17 tract, or to issue a letter of intent totaling in excess
18 of $4,000,000;
19 (3) awarding a task or delivery order requiring
20 an obligation of funds in an amount greater than
21 $10,000,000 from multi-year Department of Home-
22 land Security funds;
23 (4) making a sole-source grant award; or
24 (5) announcing publicly the intention to make
25 or award items under paragraph (1), (2), (3), or (4),
December 21, 2020 (12:59 p.m.)

710
1 including a contract covered by the Federal Acquisi-
2 tion Regulation.
3 (b) If the Secretary of Homeland Security determines
4 that compliance with this section would pose a substantial
5 risk to human life, health, or safety, an award may be
6 made without notification, and the Secretary shall notify
7 the Committees on Appropriations of the Senate and the
8 House of Representatives not later than 5 full business
9 days after such an award is made or letter issued.
10 (c) A notification under this section—
11 (1) may not involve funds that are not available
12 for obligation; and
13 (2) shall include the amount of the award; the
14 fiscal year for which the funds for the award were
15 appropriated; the type of contract; and the account
16 from which the funds are being drawn.
18 law, no agency shall purchase, construct, or lease any ad-
19 ditional facilities, except within or contiguous to existing
20 locations, to be used for the purpose of conducting Federal
21 law enforcement training without advance notification to
23 House of Representatives, except that the Federal Law
24 Enforcement Training Centers is authorized to obtain the
25 temporary use of additional facilities by lease, contract,
December 21, 2020 (12:59 p.m.)

711
1 or other agreement for training that cannot be accommo-
2 dated in existing Centers’ facilities.
4 wise made available by this Act may be used for expenses
5 for any construction, repair, alteration, or acquisition
6 project for which a prospectus otherwise required under
7 chapter 33 of title 40, United States Code, has not been
8 approved, except that necessary funds may be expended
9 for each project for required expenses for the development
10 of a proposed prospectus.
11 SEC. 510. Sections 520, 522, and 530 of the Depart-
12 ment of Homeland Security Appropriations Act, 2008 (di-
13 vision E of Public Law 110–161; 121 Stat. 2073 and
14 2074) shall apply with respect to funds made available in
15 this Act in the same manner as such sections applied to
16 funds made available in that Act.
18 Act may be used in contravention of the applicable provi-
19 sions of the Buy American Act: Provided, That for pur-
20 poses of the preceding sentence, the term ‘‘Buy American
21 Act’’ means chapter 83 of title 41, United States Code.
23 Act may be used to amend the oath of allegiance required
24 by section 337 of the Immigration and Nationality Act
25 (8 U.S.C. 1448).
December 21, 2020 (12:59 p.m.)

712
1 SEC. 513. None of the funds provided or otherwise
2 made available in this Act shall be available to carry out
3 section 872 of the Homeland Security Act of 2002 (6
4 U.S.C. 452) unless explicitly authorized by the Congress.
6 Act may be used for planning, testing, piloting, or devel-
7 oping a national identification card.
8 SEC. 515. Any official that is required by this Act
9 to report or to certify to the Committees on Appropria-
10 tions of the Senate and the House of Representatives may
11 not delegate such authority to perform that act unless spe-
12 cifically authorized herein.
21 at the United States Naval Station, Guantanamo
22 Bay, Cuba, by the Department of Defense.
24 Act may be used for first-class travel by the employees
25 of agencies funded by this Act in contravention of sections
December 21, 2020 (12:59 p.m.)

713
1 301–10.122 through 301–10.124 of title 41, Code of Fed-
2 eral Regulations.
4 Act may be used to employ workers described in section
5 274A(h)(3) of the Immigration and Nationality Act (8
6 U.S.C. 1324a(h)(3)).
8 this Act, none of the funds appropriated or otherwise
9 made available by this Act may be used to pay award or
10 incentive fees for contractor performance that has been
11 judged to be below satisfactory performance or perform-
12 ance that does not meet the basic requirements of a con-
13 tract.
15 wise made available by this Act may be used by the De-
16 partment of Homeland Security to enter into any Federal
17 contract unless such contract is entered into in accordance
18 with the requirements of subtitle I of title 41, United
19 States Code, or chapter 137 of title 10, United States
20 Code, and the Federal Acquisition Regulation, unless such
21 contract is otherwise authorized by statute to be entered
22 into without regard to the above referenced statutes.
December 21, 2020 (12:59 p.m.)

714
8 Act may be used by a Federal law enforcement officer to
9 facilitate the transfer of an operable firearm to an indi-
10 vidual if the Federal law enforcement officer knows or sus-
11 pects that the individual is an agent of a drug cartel unless
12 law enforcement personnel of the United States continu-
13 ously monitor or control the firearm at all times.
15 Act may be used to pay for the travel to or attendance
16 of more than 50 employees of a single component of the
17 Department of Homeland Security, who are stationed in
18 the United States, at a single international conference un-
19 less the Secretary of Homeland Security, or a designee,
20 determines that such attendance is in the national interest
21 and notifies the Committees on Appropriations of the Sen-
22 ate and the House of Representatives within at least 10
23 days of that determination and the basis for that deter-
24 mination: Provided, That for purposes of this section the
25 term ‘‘international conference’’ shall mean a conference
December 21, 2020 (12:59 p.m.)

715
1 occurring outside of the United States attended by rep-
2 resentatives of the United States Government and of for-
3 eign governments, international organizations, or non-
4 governmental organizations: Provided further, That the
5 total cost to the Department of Homeland Security of any
6 such conference shall not exceed $500,000.
8 Act may be used to reimburse any Federal department
9 or agency for its participation in a National Special Secu-
10 rity Event.
12 Department of Homeland Security by this or any other
13 Act may be obligated for any structural pay reform that
14 affects more than 100 full-time positions or costs more
15 than $5,000,000 in a single year before the end of the
16 30-day period beginning on the date on which the Sec-
17 retary of Homeland Security submits to Congress a notifi-
18 cation that includes—
19 (1) the number of full-time positions affected by
20 such change;
21 (2) funding required for such change for the
22 current year and through the Future Years Home-
23 land Security Program;
24 (3) justification for such change; and
December 21, 2020 (12:59 p.m.)

716
1 (4) an analysis of compensation alternatives to
2 such change that were considered by the Depart-
3 ment.
4 SEC. 526. (a) Any agency receiving funds made avail-
5 able in this Act shall, subject to subsections (b) and (c),
6 post on the public website of that agency any report re-
7 quired to be submitted by the Committees on Appropria-
8 tions of the Senate and the House of Representatives in
9 this Act, upon the determination by the head of the agency
10 that it shall serve the national interest.
13 promises homeland or national security; or
18 House of Representatives for not less than 45 days except
19 as otherwise specified in law.
20 SEC. 527. (a) Funding provided in this Act for ‘‘Op-
21 erations and Support’’ may be used for minor procure-
22 ment, construction, and improvements.
23 (b) For purposes of subsection (a), ‘‘minor’’ refers
24 to end items with a unit cost of $250,000 or less for per-
25 sonal property, and $2,000,000 or less for real property.
December 21, 2020 (12:59 p.m.)

717
2 Act may be obligated or expended to implement the Arms
3 Trade Treaty until the Senate approves a resolution of
4 ratification for the Treaty.
5 SEC. 529. The authority provided by section 532 of
6 the Department of Homeland Security Appropriations
7 Act, 2018 (Public Law 115–141) regarding primary and
8 secondary schooling of dependents shall continue in effect
10 SEC. 530. (a) For an additional amount for ‘‘Federal
11 Emergency Management Agency—Federal Assistance’’,
13 2022, exclusively for providing reimbursement of extraor-
14 dinary law enforcement or other emergency personnel
15 costs for protection activities directly and demonstrably
16 associated with any residence of the President that is des-
17 ignated or identified to be secured by the United States
18 Secret Service.
19 (b) Subsections (b) through (f) of section 534 of the
20 Department of Homeland Security Appropriations Act,
21 2018 (Public Law 115–141), shall be applied with respect
22 to amounts made available by subsection (a) of this section
23 by substituting ‘‘October 1, 2021’’ for ‘‘October 1, 2018’’
24 and ‘‘October 1, 2020’’ for ‘‘October 1, 2017’’.
December 21, 2020 (12:59 p.m.)

718
1 SEC. 531. (a) Section 831 of the Homeland Security
2 Act of 2002 (6 U.S.C. 391) shall be applied—
3 (1) In subsection (a), by substituting ‘‘Sep-
4 tember 30, 2021,’’ for ‘‘September 30, 2017,’’; and
5 (2) In subsection (c)(1), by substituting ‘‘Sep-
6 tember 30, 2021,’’ for ‘‘September 30, 2017’’.
7 (b) The Secretary of Homeland Security, under the
8 authority of section 831 of the Homeland Security Act of
9 2002 (6 U.S.C. 391(a)), may carry out prototype projects
10 under section 2371b of title 10, United States Code, and
11 the Secretary shall perform the functions of the Secretary
12 of Defense as prescribed.
13 (c) The Secretary of Homeland Security under sec-
14 tion 831 of the Homeland Security Act of 2002 (6 U.S.C.
15 391(d)) may use the definition of nontraditional govern-
16 ment contractor as defined in section 2371b(e) of title 10,
19 erwise made available to the Department of Homeland Se-
20 curity by this Act may be used to prevent any of the fol-
21 lowing persons from entering, for the purpose of con-
22 ducting oversight, any facility operated by or for the De-
23 partment of Homeland Security used to detain or other-
24 wise house aliens, or to make any temporary modification
25 at any such facility that in any way alters what is observed
December 21, 2020 (12:59 p.m.)

719
1 by a visiting member of Congress or such designated em-
2 ployee, compared to what would be observed in the absence
3 of such modification:
4 (1) A Member of Congress.
5 (2) An employee of the United States House of
6 Representatives or the United States Senate des-
7 ignated by such a Member for the purposes of this
8 section.
9 (b) Nothing in this section may be construed to re-
10 quire a Member of Congress to provide prior notice of the
11 intent to enter a facility described in subsection (a) for
12 the purpose of conducting oversight.
13 (c) With respect to individuals described in subsection
14 (a)(2), the Department of Homeland Security may require
15 that a request be made at least 24 hours in advance of
16 an intent to enter a facility described in subsection (a).
17 SEC. 533. (a) Except as provided in subsection (b),
18 none of the funds made available in this Act may be used
19 to place restraints on a woman in the custody of the De-
20 partment of Homeland Security (including during trans-
21 port, in a detention facility, or at an outside medical facil-
22 ity) who is pregnant or in post-delivery recuperation.
23 (b) Subsection (a) shall not apply with respect to a
24 pregnant woman if—
December 21, 2020 (12:59 p.m.)

720
1 (1) an appropriate official of the Department of
2 Homeland Security makes an individualized deter-
3 mination that the woman—
4 (A) is a serious flight risk, and such risk
5 cannot be prevented by other means; or
6 (B) poses an immediate and serious threat
7 to harm herself or others that cannot be pre-
8 vented by other means; or
9 (2) a medical professional responsible for the
10 care of the pregnant woman determines that the use
11 of therapeutic restraints is appropriate for the med-
12 ical safety of the woman.
13 (c) If a pregnant woman is restrained pursuant to
14 subsection (b), only the safest and least restrictive re-
15 straints, as determined by the appropriate medical profes-
16 sional treating the woman, may be used. In no case may
17 restraints be used on a woman who is in active labor or
18 delivery, and in no case may a pregnant woman be re-
19 strained in a face-down position with four-point restraints,
20 on her back, or in a restraint belt that constricts the area
21 of the pregnancy. A pregnant woman who is immobilized
22 by restraints shall be positioned, to the maximum extent
23 feasible, on her left side.
December 21, 2020 (12:59 p.m.)

721
2 this Act may be used to destroy any document, recording,
3 or other record pertaining to any—
4 (1) death of,
5 (2) potential sexual assault or abuse per-
6 petrated against, or
7 (3) allegation of abuse, criminal activity, or dis-
8 ruption committed by
9 an individual held in the custody of the Department of
10 Homeland Security.
11 (b) The records referred to in subsection (a) shall be
12 made available, in accordance with applicable laws and
13 regulations, and Federal rules governing disclosure in liti-
14 gation, to an individual who has been charged with a
15 crime, been placed into segregation, or otherwise punished
16 as a result of an allegation described in paragraph (3),
17 upon the request of such individual.
18 SEC. 535. Section 519 of division F of Public Law
19 114–113, regarding a prohibition on funding for any posi-
20 tion designated as a Principal Federal Official, shall apply
21 with respect to any Federal funds in the same manner
22 as such section applied to funds made available in that
23 Act.
24 SEC. 536. Within 60 days of any budget submission
25 for the Department of Homeland Security for fiscal year
December 21, 2020 (12:59 p.m.)

722
1 2022 that assumes revenues or proposes a reduction from
2 the previous year based on user fees proposals that have
3 not been enacted into law prior to the submission of the
4 budget, the Secretary of Homeland Security shall provide
6 House of Representatives specific reductions in proposed
7 discretionary budget authority commensurate with the
8 revenues assumed in such proposals in the event that they
9 are not enacted prior to October 1, 2021.
10 SEC. 537. (a) Not later than 10 days after the date
11 on which the budget of the President for a fiscal year is
12 submitted to Congress pursuant to section 1105(a) of title
13 31, United States Code, the Secretary of Homeland Secu-
14 rity shall submit to the Committees on Appropriations of
15 the Senate and the House of Representatives a report on
16 the unfunded priorities, for the Department of Homeland
17 Security and separately for each departmental component,
18 for which discretionary funding would be classified as
19 budget function 050.
20 (b) Each report under this section shall specify, for
21 each such unfunded priority—
22 (1) a summary description, including the objec-
23 tives to be achieved if such priority is funded
24 (whether in whole or in part);
December 21, 2020 (12:59 p.m.)

723
1 (2) the description, including the objectives to
2 be achieved if such priority is funded (whether in
3 whole or in part);
4 (3) account information, including the following
5 (as applicable):
6 (A) appropriation account; and
7 (B) program, project, or activity name;
8 and
9 (4) the additional number of full-time or part-
10 time positions to be funded as part of such priority.
11 (c) In this section, the term ‘‘unfunded priority’’, in
12 the case of a fiscal year, means a requirement that—
13 (1) is not funded in the budget referred to in
14 subsection (a);
15 (2) is necessary to fulfill a requirement associ-
16 ated with an operational or contingency plan for the
17 Department; and
18 (3) would have been recommended for funding
19 through the budget referred to in subsection (a) if—
20 (A) additional resources had been available
21 for the budget to fund the requirement;
22 (B) the requirement has emerged since the
23 budget was formulated; or
24 (C) the requirement is necessary to sustain
25 prior-year investments.
December 21, 2020 (12:59 p.m.)

724

3 enactment of this Act, $20,000,000 in unobligated bal-
4 ances from amounts made available in section 212(b) of
5 division D of the Consolidated Appropriations Act, 2020
6 (Public Law 116–93) shall be transferred to ‘‘Countering
7 Weapons of Mass Destruction Office—Procurement, Con-
8 struction, and Improvements’’ for the development of a de-
9 partment-wide electronic health records system, and shall
10 remain available until September 30, 2022, in addition to
11 any amounts otherwise available for such purposes: Pro-
12 vided, That the amounts transferred pursuant to this sec-
13 tion that were previously designated by the Congress as
14 an emergency requirement pursuant to section
16 Deficit Control Act of 1985 are designated by the Con-
17 gress as an emergency requirement pursuant to that sec-
18 tion of that Act.
19 (RESCISSIONS OF FUNDS)
20 SEC. 539. Of the funds appropriated to the Depart-

21 ment of Homeland Security, the following funds are here-
22 by rescinded from the following accounts and programs
23 in the specified amounts: Provided, That no amounts may
24 be rescinded from amounts that were designated by the
25 Congress as an emergency requirement pursuant to a con-
December 21, 2020 (12:59 p.m.)

725
1 current resolution on the budget or the Balanced Budget
2 and Emergency Deficit Control Act of 1985 (Public Law
3 99–177):
4 (1) $27,036,000 from Public Law 115–141
5 under the heading ‘‘U.S. Customs and Border Pro-
6 tection—Procurement, Construction, and Improve-
7 ments’’.
8 (2) $15,000,000 from the unobligated balances
9 available in the ‘‘U.S. Customs and Border Protec-
10 tion—Border Security, Fencing, Infrastructure, and
11 Technology’’ account (70 × 0533).
13 available in the ‘‘U.S. Customs and Border Protec-
14 tion—Construction and Facility Improvements’’ ac-
15 count (70 × 0532).
17 available in the ‘‘U.S. Immigration and Customs En-
18 forcement—Construction’’ account (70 × 0545).
19 (5) $658,000 from the unobligated balances
20 available in the ‘‘U.S. Immigration and Customs En-
21 forcement—Automation Modernization’’ account (70
22 × 0543).
24 available in the ‘‘Coast Guard—Alteration of
25 Bridges’’ account (070 × 0614).
December 21, 2020 (12:59 p.m.)

726
1 (7) $8,200,000 from Public Law 116–6 under
2 the heading ‘‘U.S. Citizenship and Immigration
3 Services—Procurement, Construction, and Improve-
4 ments’’.
5 SEC. 540. The following unobligated balances made
6 available to the Department of Homeland Security pursu-
7 ant to section 505 of the Department of Homeland Secu-
8 rity Appropriations Act, 2020 (Public Law 116–93) are
9 rescinded:
10 (1) $929,550 from ‘‘Office of the Secretary and
11 Executive Management—Operations and Support’’.
12 (2) $1,426,980 from ‘‘Management Direc-
13 torate—Operations and Support’’.
14 (3) $298,190 from ‘‘Intelligence, Analysis, and
15 Operations Coordination—Operations and Support’’.
16 (4) $430,910 from ‘‘U.S. Customs and Border
17 Protection—Operations and Support’’.
18 (5) $1,810,393 from ‘‘United States Secret
19 Service—Operations and Support’’.
20 (6) $1,574,940 from ‘‘Cybersecurity and Infra-
21 structure Security Agency—Operations and Sup-
22 port’’.
23 (7) $690,090 from ‘‘Federal Emergency Man-
24 agement Agency—Operations and Support’’.
December 21, 2020 (12:59 p.m.)

727
1 (8) $8,984,690 from ‘‘U.S. Citizenship and Im-
2 migration Services—Operations and Support’’.
3 (9) $242,490 from ‘‘Federal Law Enforcement
4 Training Centers—Operations and Support’’.
5 (10) $136,570 from ‘‘Science and Technology
6 Directorate—Operations and Support’’.
7 (11) $1,103,590 from ‘‘Countering Weapons of
8 Mass Destruction Office—Operations and Support’’.
9 SEC. 541. For necessary expenses related to pro-
10 viding customs and immigration inspection and pre-in-
11 spection services at, or in support of ports of entry, pursu-
12 ant to section 1356 of title 8, United States Code, and
13 section 58c(f) of title 19, United States Code, and in addi-
14 tion to any other funds made available for this purpose,
15 there is appropriated, out of any money in the Treasury
16 not otherwise appropriated, $840,000,000, to remain
17 available until September 30, 2021, to offset the loss re-
18 sulting from the coronavirus pandemic of Immigration
19 User Fee receipts collected pursuant to section 286(h) of
20 the Immigration and Nationality Act (8 U.S.C. 1356(h)),
21 and fees for certain customs services collected pursuant
22 to paragraphs 1 through 8 and paragraph 10 of subsection
23 (a) of section 13031 of the Consolidated Omnibus Budget
24 Reconciliation Act of 1985 (19 U.S.C. 58c(a)(1)–(8) and
25 (a)(10)): Provided, That notwithstanding any other provi-
December 21, 2020 (12:59 p.m.)

728
1 sion of law, funds made available by this section shall only
2 be used by U.S. Customs and Border Protection, Office
3 of Field Operations: Provided further, That such amount
4 is designated by the Congress as being for an emergency
7 1985.
8 SEC. 542. Not later than 10 days after a determina-
9 tion is made by the President to evaluate and initiate pro-
10 tection under any authority for a former or retired Gov-
11 ernment official or employee, or for an individual who,
12 during the duration of the directed protection, will become
13 a former or retired Government official or employee (re-
14 ferred to in this section as a ‘‘covered individual’’), the
15 Secretary of Homeland Security shall submit a notifica-
16 tion to congressional leadership and the Committees on
17 Appropriations of the Senate and the House of Represent-
18 atives, the Committees on the Judiciary of the Senate and
19 the House of Representatives, the Committee on Home-
20 land Security and Governmental Affairs of the Senate, the
21 Committee on Homeland Security of the House of Rep-
22 resentatives, and the Committee on Oversight and Reform
23 of the House of Representatives (referred to in this section
24 as the ‘‘appropriate congressional committees’’): Provided,
25 That the notification may be submitted in classified form,
December 21, 2020 (12:59 p.m.)

729
1 if necessary, and in consultation with the Director of Na-
2 tional Intelligence or the Director of the Federal Bureau
3 of Investigation, as appropriate, and shall include the
4 threat assessment, scope of the protection, and the antici-
5 pated cost and duration of such protection: Provided fur-
6 ther, That not later than 15 days before extending, or 30
7 days before terminating, protection for a covered indi-
8 vidual, the Secretary of Homeland Security shall submit
9 a notification regarding the extension or termination and
10 any change to the threat assessment to the congressional
11 leadership and the appropriate congressional committees:
12 Provided further, That not later than 45 days after the
13 date of enactment of this Act, and quarterly thereafter,
14 the Secretary shall submit a report to the congressional
15 leadership and the appropriate congressional committees,
16 which may be submitted in classified form, if necessary,
17 detailing each covered individual, and the scope and asso-
18 ciated cost of protection.
19 This division may be cited as the ‘‘Department of
20 Homeland Security Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

730
1 DIVISION G—DEPARTMENT OF THE INTE-
2 RIOR, ENVIRONMENT, AND RELATED
3 AGENCIES APPROPRIATIONS ACT, 2021
4 TITLE I
5 DEPARTMENT OF THE INTERIOR
6 BUREAU OF LAND MANAGEMENT
7 MANAGEMENT OF LANDS AND RESOURCES
9 For necessary expenses for protection, use, improve-

10 ment, development, disposal, cadastral surveying, classi-
11 fication, acquisition of easements and other interests in
12 lands, and performance of other functions, including main-
13 tenance of facilities, as authorized by law, in the manage-
14 ment of lands and their resources under the jurisdiction
15 of the Bureau of Land Management, including the general
16 administration of the Bureau, and assessment of mineral
17 potential of public lands pursuant to section 1010(a) of
18 Public Law 96–487 (16 U.S.C. 3150(a)), $1,220,555,000,
19 to remain available until September 30, 2022; of which
20 $77,669,000 for annual and deferred maintenance and
21 $115,745,000 for the wild horse and burro program, as
22 authorized by Public Law 92–195 (16 U.S.C. 1331 et
23 seq.), shall remain available until expended: Provided,
24 That amounts in the fee account of the BLM Permit Proc-
25 essing Improvement Fund may be used for any bureau-
December 21, 2020 (12:59 p.m.)

731
1 related expenses associated with the processing of oil and
2 gas applications for permits to drill and related use of au-
3 thorizations.
4 In addition, $39,696,000 is for Mining Law Adminis-
5 tration program operations, including the cost of admin-
6 istering the mining claim fee program, to remain available
7 until expended, to be reduced by amounts collected by the
8 Bureau and credited to this appropriation from mining
9 claim maintenance fees and location fees that are hereby
10 authorized for fiscal year 2021, so as to result in a final
11 appropriation estimated at not more than $1,220,555,000,
12 and $2,000,000, to remain available until expended, from
13 communication site rental fees established by the Bureau
14 for the cost of administering communication site activities.
15 Of the unobligated balances from amounts made
16 available under this heading in fiscal year 2018 or before,
17 $13,000,000 is permanently rescinded: Provided, That no
19 ignated by the Congress as an emergency requirement
20 pursuant to the Concurrent Resolution on the Budget or
22 of 1985.
December 21, 2020 (12:59 p.m.)

732
1 LAND ACQUISITION
2 (RESCISSION OF FUNDS)

4 available for Land Acquisition and derived from the Land
5 and Water Conservation Fund, $5,400,000 is hereby per-
6 manently rescinded from projects with cost savings or
7 failed or partially failed projects: Provided, That no
12 of 1985.
13 OREGON AND CALIFORNIA GRANT LANDS
14 For expenses necessary for management, protection,

15 and development of resources and for construction, oper-
16 ation, and maintenance of access roads, reforestation, and
17 other improvements on the revested Oregon and California
18 Railroad grant lands, on other Federal lands in the Or-
19 egon and California land-grant counties of Oregon, and
20 on adjacent rights-of-way; and acquisition of lands or in-
21 terests therein, including existing connecting roads on or
22 adjacent to such grant lands; $114,783,000, to remain
23 available until expended: Provided, That 25 percent of the
24 aggregate of all receipts during the current fiscal year
25 from the revested Oregon and California Railroad grant
December 21, 2020 (12:59 p.m.)

733
1 lands is hereby made a charge against the Oregon and
2 California land-grant fund and shall be transferred to the
3 General Fund in the Treasury in accordance with the sec-
4 ond paragraph of subsection (b) of title II of the Act of
5 August 28, 1937 (43 U.S.C. 2605).
6 RANGE IMPROVEMENTS
7 For rehabilitation, protection, and acquisition of

8 lands and interests therein, and improvement of Federal
9 rangelands pursuant to section 401 of the Federal Land
10 Policy and Management Act of 1976 (43 U.S.C. 1751),
11 notwithstanding any other Act, sums equal to 50 percent
12 of all moneys received during the prior fiscal year under
13 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
14 315b, 315m) and the amount designated for range im-
15 provements from grazing fees and mineral leasing receipts
16 from Bankhead-Jones lands transferred to the Depart-
17 ment of the Interior pursuant to law, but not less than
19 vided, That not to exceed $600,000 shall be available for
20 administrative expenses.
21 SERVICE CHARGES, DEPOSITS, AND FORFEITURES
23 For administrative expenses and other costs related

24 to processing application documents and other authoriza-
25 tions for use and disposal of public lands and resources,
December 21, 2020 (12:59 p.m.)

734
1 for costs of providing copies of official public land docu-
2 ments, for monitoring construction, operation, and termi-
3 nation of facilities in conjunction with use authorizations,
4 and for rehabilitation of damaged property, such amounts
5 as may be collected under Public Law 94–579 (43 U.S.C.
6 1701 et seq.), and under section 28 of the Mineral Leasing
7 Act (30 U.S.C. 185), to remain available until expended:
8 Provided, That notwithstanding any provision to the con-
9 trary of section 305(a) of Public Law 94–579 (43 U.S.C.
10 1735(a)), any moneys that have been or will be received
11 pursuant to that section, whether as a result of forfeiture,
12 compromise, or settlement, if not appropriate for refund
13 pursuant to section 305(c) of that Act (43 U.S.C.
14 1735(c)), shall be available and may be expended under
15 the authority of this Act by the Secretary of the Interior
16 to improve, protect, or rehabilitate any public lands ad-
17 ministered through the Bureau of Land Management
18 which have been damaged by the action of a resource de-
19 veloper, purchaser, permittee, or any unauthorized person,
20 without regard to whether all moneys collected from each
21 such action are used on the exact lands damaged which
22 led to the action: Provided further, That any such moneys
23 that are in excess of amounts needed to repair damage
24 to the exact land for which funds were collected may be
25 used to repair other damaged public lands.
December 21, 2020 (12:59 p.m.)

735
1 Of the unobligated balances from amounts collected
2 in fiscal year 2015 or any prior fiscal year, $20,000,000
3 is permanently rescinded: Provided, That no amounts may
5 Congress as an emergency requirement pursuant to the
6 Concurrent Resolution on the Budget or the Balanced
8 MISCELLANEOUS TRUST FUNDS
9 In addition to amounts authorized to be expended

10 under existing laws, there is hereby appropriated such
11 amounts as may be contributed under section 307 of Pub-
12 lic Law 94–579 (43 U.S.C. 1737), and such amounts as
13 may be advanced for administrative costs, surveys, ap-
14 praisals, and costs of making conveyances of omitted lands
15 under section 211(b) of that Act (43 U.S.C. 1721(b)), to
18 The Bureau of Land Management may carry out the

19 operations funded under this Act by direct expenditure,
20 contracts, grants, cooperative agreements, and reimburs-
21 able agreements with public and private entities, including
22 with States. Appropriations for the Bureau shall be avail-
23 able for purchase, erection, and dismantlement of tem-
24 porary structures, and alteration and maintenance of nec-
25 essary buildings and appurtenant facilities to which the
December 21, 2020 (12:59 p.m.)

736
1 United States has title; up to $100,000 for payments, at
2 the discretion of the Secretary, for information or evidence
3 concerning violations of laws administered by the Bureau;
4 miscellaneous and emergency expenses of enforcement ac-
5 tivities authorized or approved by the Secretary and to be
6 accounted for solely on the Secretary’s certificate, not to
7 exceed $10,000: Provided, That notwithstanding Public
8 Law 90–620 (44 U.S.C. 501), the Bureau may, under co-
9 operative cost-sharing and partnership arrangements au-
10 thorized by law, procure printing services from cooperators
11 in connection with jointly produced publications for which
12 the cooperators share the cost of printing either in cash
13 or in services, and the Bureau determines the cooperator
14 is capable of meeting accepted quality standards: Provided
15 further, That projects to be funded pursuant to a written
16 commitment by a State government to provide an identi-
17 fied amount of money in support of the project may be
18 carried out by the Bureau on a reimbursable basis.
19 UNITED STATES FISH AND WILDLIFE SERVICE
20 RESOURCE MANAGEMENT
21 For necessary expenses of the United States Fish and

22 Wildlife Service, as authorized by law, and for scientific
23 and economic studies, general administration, and for the
24 performance of other authorized functions related to such
25 resources, $1,379,828,000, to remain available until Sep-
December 21, 2020 (12:59 p.m.)

737
1 tember 30, 2022: Provided, That not to exceed
2 $20,767,000 shall be used for implementing subsections
3 (a), (b), (c), and (e) of section 4 of the Endangered Spe-
4 cies Act of 1973 (16 U.S.C. 1533) (except for processing
5 petitions, developing and issuing proposed and final regu-
6 lations, and taking any other steps to implement actions
7 described in subsection (c)(2)(A), (c)(2)(B)(i), or
8 (c)(2)(B)(ii)).
9 CONSTRUCTION
10 For construction, improvement, acquisition, or re-

11 moval of buildings and other facilities required in the con-
12 servation, management, investigation, protection, and uti-
13 lization of fish and wildlife resources, and the acquisition
14 of lands and interests therein; $18,193,000, to remain
16 COOPERATIVE ENDANGERED SPECIES CONSERVATION
17 FUND
19 For expenses necessary to carry out section 6 of the

20 Endangered Species Act of 1973 (16 U.S.C. 1535),
22 $23,702,000 is to be derived from the Cooperative Endan-
23 gered Species Conservation Fund; and of which
24 $19,638,000 is to be derived from the Land and Water
25 Conservation Fund.
December 21, 2020 (12:59 p.m.)

738
1 Of the unobligated balances made available under
2 this heading, $12,500,000 is permanently rescinded from
3 projects or from other grant programs with an unobligated
4 carry over balance: Provided, That no amounts may be
5 rescinded from amounts that were designated by the Con-
9 NATIONAL WILDLIFE REFUGE FUND
10 For expenses necessary to implement the Act of Octo-

11 ber 17, 1978 (16 U.S.C. 715s), $13,228,000.
12 NORTH AMERICAN WETLANDS CONSERVATION FUND
13 For expenses necessary to carry out the provisions

14 of the North American Wetlands Conservation Act (16
15 U.S.C. 4401 et seq.), $46,500,000, to remain available
16 until expended.
17 NEOTROPICAL MIGRATORY BIRD CONSERVATION
18 For expenses necessary to carry out the Neotropical

19 Migratory Bird Conservation Act (16 U.S.C. 6101 et
20 seq.), $4,910,000, to remain available until expended.
21 MULTINATIONAL SPECIES CONSERVATION FUND
22 For expenses necessary to carry out the African Ele-

23 phant Conservation Act (16 U.S.C. 4201 et seq.), the
24 Asian Elephant Conservation Act of 1997 (16 U.S.C.
25 4261 et seq.), the Rhinoceros and Tiger Conservation Act
December 21, 2020 (12:59 p.m.)

739
1 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con-
2 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the
3 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601
5 STATE AND TRIBAL WILDLIFE GRANTS
6 For wildlife conservation grants to States and to the

7 District of Columbia, Puerto Rico, Guam, the United
8 States Virgin Islands, the Northern Mariana Islands,
9 American Samoa, and Indian tribes under the provisions
10 of the Fish and Wildlife Act of 1956 and the Fish and
11 Wildlife Coordination Act, for the development and imple-
12 mentation of programs for the benefit of wildlife and their
13 habitat, including species that are not hunted or fished,
15 vided, That of the amount provided herein, $6,000,000 is
16 for a competitive grant program for Indian tribes not sub-
17 ject to the remaining provisions of this appropriation: Pro-
18 vided further, That $7,362,000 is for a competitive grant
19 program to implement approved plans for States, terri-
20 tories, and other jurisdictions and at the discretion of af-
21 fected States, the regional Associations of fish and wildlife
22 agencies, not subject to the remaining provisions of this
23 appropriation: Provided further, That the Secretary shall,
24 after deducting $13,362,000 and administrative expenses,
25 apportion the amount provided herein in the following
December 21, 2020 (12:59 p.m.)

740
1 manner: (1) to the District of Columbia and to the Com-
2 monwealth of Puerto Rico, each a sum equal to not more
3 than one-half of 1 percent thereof; and (2) to Guam,
4 American Samoa, the United States Virgin Islands, and
5 the Commonwealth of the Northern Mariana Islands, each
6 a sum equal to not more than one-fourth of 1 percent
7 thereof: Provided further, That the Secretary of the Inte-
8 rior shall apportion the remaining amount in the following
9 manner: (1) one-third of which is based on the ratio to
10 which the land area of such State bears to the total land
11 area of all such States; and (2) two-thirds of which is
12 based on the ratio to which the population of such State
13 bears to the total population of all such States: Provided
14 further, That the amounts apportioned under this para-
15 graph shall be adjusted equitably so that no State shall
16 be apportioned a sum which is less than 1 percent of the
17 amount available for apportionment under this paragraph
18 for any fiscal year or more than 5 percent of such amount:
19 Provided further, That the Federal share of planning
20 grants shall not exceed 75 percent of the total costs of
21 such projects and the Federal share of implementation
22 grants shall not exceed 65 percent of the total costs of
23 such projects: Provided further, That the non-Federal
24 share of such projects may not be derived from Federal
25 grant programs: Provided further, That any amount ap-
December 21, 2020 (12:59 p.m.)

741
1 portioned in 2021 to any State, territory, or other jurisdic-
2 tion that remains unobligated as of September 30, 2022,
3 shall be reapportioned, together with funds appropriated
4 in 2023, in the manner provided herein.
6 The United States Fish and Wildlife Service may

7 carry out the operations of Service programs by direct ex-
8 penditure, contracts, grants, cooperative agreements and
9 reimbursable agreements with public and private entities.
10 Appropriations and funds available to the United States
11 Fish and Wildlife Service shall be available for repair of
12 damage to public roads within and adjacent to reservation
13 areas caused by operations of the Service; options for the
14 purchase of land at not to exceed one dollar for each op-
15 tion; facilities incident to such public recreational uses on
16 conservation areas as are consistent with their primary
17 purpose; and the maintenance and improvement of aquar-
18 ia, buildings, and other facilities under the jurisdiction of
19 the Service and to which the United States has title, and
20 which are used pursuant to law in connection with man-
21 agement, and investigation of fish and wildlife resources:
22 Provided, That notwithstanding 44 U.S.C. 501, the Serv-
23 ice may, under cooperative cost sharing and partnership
24 arrangements authorized by law, procure printing services
25 from cooperators in connection with jointly produced pub-
December 21, 2020 (12:59 p.m.)

742
1 lications for which the cooperators share at least one-half
2 the cost of printing either in cash or services and the Serv-
3 ice determines the cooperator is capable of meeting accept-
4 ed quality standards: Provided further, That the Service
5 may accept donated aircraft as replacements for existing
6 aircraft: Provided further, That notwithstanding 31 U.S.C.
7 3302, all fees collected for non-toxic shot review and ap-
8 proval shall be deposited under the heading ‘‘United
9 States Fish and Wildlife Service—Resource Management’’
10 and shall be available to the Secretary, without further
11 appropriation, to be used for expenses of processing of
12 such non-toxic shot type or coating applications and revis-
13 ing regulations as necessary, and shall remain available
14 until expended: Provided further, That obligated balances
15 of funding originally made available under section
16 7060(c)(2)(B) of division K of the Consolidated Appro-
17 priations Act, 2018 (Public Law 115–141) and trans-
18 ferred to the Fish and Wildlife Service to combat the
19 transnational threat of wildlife poaching and trafficking
20 in the Central Africa Regional Program for the Environ-
21 ment shall be distributed to recipients that were awarded
22 grants not later than 60 days after the date of enactment
23 of this Act.
December 21, 2020 (12:59 p.m.)

743
1 NATIONAL PARK SERVICE
2 OPERATION OF THE NATIONAL PARK SYSTEM
3 For expenses necessary for the management, oper-

4 ation, and maintenance of areas and facilities adminis-
5 tered by the National Park Service and for the general
6 administration of the National Park Service,
7 $2,688,287,000, of which $10,282,000 for planning and
8 interagency coordination in support of Everglades restora-
9 tion and $135,980,000 for maintenance, repair, or reha-
10 bilitation projects for constructed assets and
11 $188,184,000 for cyclic maintenance projects for con-
12 structed assets and cultural resources and $5,000,000 for
13 uses authorized by section 101122 of title 54, United
14 States Code shall remain available until September 30,
15 2022: Provided, That funds appropriated under this head-
16 ing in this Act are available for the purposes of section
17 5 of Public Law 95–348: Provided further, That notwith-
18 standing section 9(a) of the United States
19 Semiquincentennial Commission Act of 2016 (Public Law
20 114–196; 130 Stat. 691), $8,000,000 of the funds made
21 available under this heading shall be provided to the
22 United States Semiquincentennial Commission for the
23 purposes specified by that Act: Provided further, That not-
24 withstanding section 9 of the 400 Years of African-Amer-
25 ican History Commission Act (36 U.S.C. note prec. 101;
December 21, 2020 (12:59 p.m.)

744
1 Public Law 115–102), $3,300,000 of the funds provided
2 under this heading shall be made available for the pur-
3 poses specified by that Act: Provided further, That sections
4 (7)(b) and (8) of that Act shall be amended by striking
5 ‘‘July 1, 2021’’ and inserting ‘‘July 1, 2022’’.
6 In addition, for purposes described in section 2404
7 of Public Law 116–9, an amount equal to the amount de-
8 posited in this fiscal year into the National Park Medical
9 Services Fund established pursuant to such section of
10 such Act, to remain available until expended, shall be de-
11 rived from such Fund.
12 NATIONAL RECREATION AND PRESERVATION
13 For expenses necessary to carry out recreation pro-

14 grams, natural programs, cultural programs, heritage
15 partnership programs, environmental compliance and re-
16 view, international park affairs, and grant administration,
17 not otherwise provided for, $74,157,000, to remain avail-
19 HISTORIC PRESERVATION FUND
20 For expenses necessary in carrying out the National

21 Historic Preservation Act (division A of subtitle III of title
22 54, United States Code), $144,300,000, to be derived
23 from the Historic Preservation Fund and to remain avail-
24 able until September 30, 2022, of which $25,000,000 shall
25 be for Save America’s Treasures grants for preservation
December 21, 2020 (12:59 p.m.)

745
1 of nationally significant sites, structures and artifacts as
2 authorized by section 7303 of the Omnibus Public Land
3 Management Act of 2009 (54 U.S.C. 3089): Provided,
4 That an individual Save America’s Treasures grant shall
5 be matched by non-Federal funds: Provided further, That
6 individual projects shall only be eligible for one grant: Pro-
7 vided further, That all projects to be funded shall be ap-
8 proved by the Secretary of the Interior in consultation
9 with the House and Senate Committees on Appropria-
10 tions: Provided further, That of the funds provided for the
11 Historic Preservation Fund, $1,000,000 is for competitive
12 grants for the survey and nomination of properties to the
13 National Register of Historic Places and as National His-
14 toric Landmarks associated with communities currently
15 under-represented, as determined by the Secretary,
16 $21,125,000 is for competitive grants to preserve the sites
17 and stories of the Civil Rights movement; $10,000,000 is
18 for grants to Historically Black Colleges and Universities;
19 $7,500,000 is for competitive grants for the restoration
20 of historic properties of national, State, and local signifi-
21 cance listed on or eligible for inclusion on the National
22 Register of Historic Places, to be made without imposing
23 the usage or direct grant restrictions of section 101(e)(3)
24 (54 U.S.C. 302904) of the National Historical Preserva-
25 tion Act; and $10,000,000 is for a competitive grant pro-
December 21, 2020 (12:59 p.m.)

746
1 gram to honor the semiquincentennial anniversary of the
2 United States by restoring and preserving state-owned
3 sites and structures listed on the National Register of His-
4 toric Places that commemorate the founding of the nation:
5 Provided further, That such competitive grants shall be
6 made without imposing the matching requirements in sec-
7 tion 302902(b)(3) of title 54, United States Code to
8 States and Indian tribes as defined in chapter 3003 of
9 such title, Native Hawaiian organizations, local govern-
10 ments, including Certified Local Governments, and non-
11 profit organizations.
12 CONSTRUCTION
13 For construction, improvements, repair, or replace-

14 ment of physical facilities, and compliance and planning
15 for programs and areas administered by the National
16 Park Service, $223,907,000, to remain available until ex-
17 pended: Provided, That notwithstanding any other provi-
18 sion of law, for any project initially funded in fiscal year
19 2021 with a future phase indicated in the National Park
20 Service 5-Year Line Item Construction Plan, a single pro-
21 curement may be issued which includes the full scope of
22 the project: Provided further, That the solicitation and
23 contract shall contain the clause availability of funds
24 found at 48 CFR 52.232–18: Provided further, That Na-
25 tional Park Service Donations, Park Concessions Fran-
December 21, 2020 (12:59 p.m.)

747
1 chise Fees, and Recreation Fees may be made available
2 for the cost of adjustments and changes within the origi-
3 nal scope of effort for projects funded by the National
4 Park Service Construction appropriation: Provided further,
5 That the Secretary of the Interior shall consult with the
6 Committees on Appropriations, in accordance with current
7 reprogramming thresholds, prior to making any charges
8 authorized by this section.
9 LAND ACQUISITION AND STATE ASSISTANCE

12 available for the National Park Service and derived from
13 the Land and Water Conservation Fund in fiscal year
14 2017 or any prior fiscal year, $23,000,000 is hereby per-
15 manently rescinded from grant programs with an unobli-
16 gated carry over balance: Provided, That no amounts may
18 Congress as an emergency requirement pursuant to the
19 Concurrent Resolution on the Budget or the Balanced
21 CENTENNIAL CHALLENGE

23 of section 101701 of title 54, United States Code, relating
24 to challenge cost share agreements, $15,000,000, to re-
25 main available until expended, for Centennial Challenge
December 21, 2020 (12:59 p.m.)

748
1 projects and programs: Provided, That not less than 50
2 percent of the total cost of each project or program shall
3 be derived from non-Federal sources in the form of do-
4 nated cash, assets, or a pledge of donation guaranteed by
5 an irrevocable letter of credit.
8 In addition to other uses set forth in section

9 101917(c)(2) of title 54, United States Code, franchise
10 fees credited to a sub-account shall be available for ex-
11 penditure by the Secretary, without further appropriation,
12 for use at any unit within the National Park System to
13 extinguish or reduce liability for Possessory Interest or
14 leasehold surrender interest. Such funds may only be used
15 for this purpose to the extent that the benefitting unit an-
16 ticipated franchise fee receipts over the term of the con-
17 tract at that unit exceed the amount of funds used to ex-
18 tinguish or reduce liability. Franchise fees at the benefit-
19 ting unit shall be credited to the sub-account of the origi-
20 nating unit over a period not to exceed the term of a single
21 contract at the benefitting unit, in the amount of funds
22 so expended to extinguish or reduce liability.
23 For the costs of administration of the Land and
24 Water Conservation Fund grants authorized by section
25 105(a)(2)(B) of the Gulf of Mexico Energy Security Act
December 21, 2020 (12:59 p.m.)

749
1 of 2006 (Public Law 109–432), the National Park Service
2 may retain up to 3 percent of the amounts which are au-
3 thorized to be disbursed under such section, such retained
4 amounts to remain available until expended.
5 National Park Service funds may be transferred to
6 the Federal Highway Administration (FHWA), Depart-
7 ment of Transportation, for purposes authorized under 23
8 U.S.C. 203. Transfers may include a reasonable amount
9 for FHWA administrative support costs.
10 UNITED STATES GEOLOGICAL SURVEY
11 SURVEYS, INVESTIGATIONS, AND RESEARCH
12 For expenses necessary for the United States Geo-

13 logical Survey to perform surveys, investigations, and re-
14 search covering topography, geology, hydrology, biology,
15 and the mineral and water resources of the United States,
16 its territories and possessions, and other areas as author-
17 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as
18 to their mineral and water resources; give engineering su-
19 pervision to power permittees and Federal Energy Regu-
20 latory Commission licensees; administer the minerals ex-
21 ploration program (30 U.S.C. 641); conduct inquiries into
22 the economic conditions affecting mining and materials
23 processing industries (30 U.S.C. 3, 21a, and 1603; 50
24 U.S.C. 98g(a)(1)) and related purposes as authorized by
25 law; and to publish and disseminate data relative to the
December 21, 2020 (12:59 p.m.)

750
1 foregoing activities; $1,315,527,000, to remain available
2 until September 30, 2022; of which $84,337,000 shall re-
3 main available until expended for satellite operations; and
4 of which $74,664,000 shall be available until expended for
5 deferred maintenance and capital improvement projects
6 that exceed $100,000 in cost: Provided, That none of the
7 funds provided for the ecosystem research activity shall
8 be used to conduct new surveys on private property, unless
9 specifically authorized in writing by the property owner:
10 Provided further, That no part of this appropriation shall
11 be used to pay more than one-half the cost of topographic
12 mapping or water resources data collection and investiga-
13 tions carried on in cooperation with States and municipali-
14 ties.
16 From within the amount appropriated for activities

17 of the United States Geological Survey such sums as are
18 necessary shall be available for contracting for the fur-
19 nishing of topographic maps and for the making of geo-
20 physical or other specialized surveys when it is administra-
21 tively determined that such procedures are in the public
22 interest; construction and maintenance of necessary build-
23 ings and appurtenant facilities; acquisition of lands for
24 gauging stations, observation wells, and seismic equip-
25 ment; expenses of the United States National Committee
December 21, 2020 (12:59 p.m.)

751
1 for Geological Sciences; and payment of compensation and
2 expenses of persons employed by the Survey duly ap-
3 pointed to represent the United States in the negotiation
4 and administration of interstate compacts: Provided, That
5 activities funded by appropriations herein made may be
6 accomplished through the use of contracts, grants, or co-
7 operative agreements as defined in section 6302 of title
8 31, United States Code: Provided further, That the United
9 States Geological Survey may enter into contracts or coop-
10 erative agreements directly with individuals or indirectly
11 with institutions or nonprofit organizations, without re-
12 gard to 41 U.S.C. 6101, for the temporary or intermittent
13 services of students or recent graduates, who shall be con-
14 sidered employees for the purpose of chapters 57 and 81
15 of title 5, United States Code, relating to compensation
16 for travel and work injuries, and chapter 171 of title 28,
17 United States Code, relating to tort claims, but shall not
18 be considered to be Federal employees for any other pur-
19 poses.
20 BUREAU OF OCEAN ENERGY MANAGEMENT
21 OCEAN ENERGY MANAGEMENT
23 For expenses necessary for granting and admin-

24 istering leases, easements, rights-of-way, and agreements
25 for use for oil and gas, other minerals, energy, and ma-
December 21, 2020 (12:59 p.m.)

752
1 rine-related purposes on the Outer Continental Shelf and
2 approving operations related thereto, as authorized by law;
3 for environmental studies, as authorized by law; for imple-
4 menting other laws and to the extent provided by Presi-
5 dential or Secretarial delegation; and for matching grants
6 or cooperative agreements, $192,815,000, of which
7 $129,760,000 is to remain available until September 30,
8 2022, and of which $63,055,000 is to remain available
9 until expended: Provided, That this total appropriation
10 shall be reduced by amounts collected by the Secretary of
11 the Interior and credited to this appropriation from addi-
12 tions to receipts resulting from increases to lease rental
13 rates in effect on August 5, 1993, and from cost recovery
14 fees from activities conducted by the Bureau of Ocean En-
15 ergy Management pursuant to the Outer Continental Shelf
16 Lands Act, including studies, assessments, analysis, and
17 miscellaneous administrative activities: Provided further,
18 That the sum herein appropriated shall be reduced as such
19 collections are received during the fiscal year, so as to re-
20 sult in a final fiscal year 2021 appropriation estimated
21 at not more than $129,760,000: Provided further, That
22 not to exceed $3,000 shall be available for reasonable ex-
23 penses related to promoting volunteer beach and marine
24 cleanup activities: Provided further, That of the unobli-
25 gated balances from amounts made available under this
December 21, 2020 (12:59 p.m.)

753
1 heading, $2,000,000 is permanently rescinded: Provided
2 further, That no amounts may be rescinded from amounts
3 that were designated by the Congress as an emergency re-
4 quirement pursuant to the Concurrent Resolution on the
5 Budget or the Balanced Budget and Emergency Deficit
6 Control Act of 1985.
7 BUREAU OF SAFETY AND ENVIRONMENTAL
8 ENFORCEMENT
9 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
11 For expenses necessary for the regulation of oper-

12 ations related to leases, easements, rights-of-way, and
13 agreements for use for oil and gas, other minerals, energy,
14 and marine-related purposes on the Outer Continental
15 Shelf, as authorized by law; for enforcing and imple-
16 menting laws and regulations as authorized by law and
17 to the extent provided by Presidential or Secretarial dele-
18 gation; and for matching grants or cooperative agree-
19 ments, $150,812,000, of which $120,165,000 is to remain
20 available until September 30, 2022, and of which
21 $30,647,000 is to remain available until expended: Pro-
22 vided, That this total appropriation shall be reduced by
23 amounts collected by the Secretary of the Interior and
24 credited to this appropriation from additions to receipts
25 resulting from increases to lease rental rates in effect on
December 21, 2020 (12:59 p.m.)

754
1 August 5, 1993, and from cost recovery fees from activi-
2 ties conducted by the Bureau of Safety and Environmental
3 Enforcement pursuant to the Outer Continental Shelf
4 Lands Act, including studies, assessments, analysis, and
5 miscellaneous administrative activities: Provided further,
6 That the sum herein appropriated shall be reduced as such
7 collections are received during the fiscal year, so as to re-
8 sult in a final fiscal year 2021 appropriation estimated
9 at not more than $120,165,000: Provided further, That
10 of the unobligated balances from amounts made available
11 under this heading, $10,000,000 is permanently re-
12 scinded: Provided further, That no amounts may be re-
13 scinded from amounts that were designated by the Con-
17 For an additional amount, $43,000,000, to remain
18 available until expended, to be reduced by amounts col-
19 lected by the Secretary and credited to this appropriation,
20 which shall be derived from non-refundable inspection fees
21 collected in fiscal year 2021, as provided in this Act: Pro-
22 vided, That to the extent that amounts realized from such
23 inspection fees exceed $43,000,000, the amounts realized
24 in excess of $43,000,000 shall be credited to this appro-
25 priation and remain available until expended: Provided
December 21, 2020 (12:59 p.m.)

755
1 further, That for fiscal year 2021, not less than 50 percent
2 of the inspection fees expended by the Bureau of Safety
3 and Environmental Enforcement will be used to fund per-
4 sonnel and mission-related costs to expand capacity and
5 expedite the orderly development, subject to environmental
6 safeguards, of the Outer Continental Shelf pursuant to the
7 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
8 seq.), including the review of applications for permits to
9 drill.
10 OIL SPILL RESEARCH
11 For necessary expenses to carry out title I, section

12 1016; title IV, sections 4202 and 4303; title VII; and title
13 VIII, section 8201 of the Oil Pollution Act of 1990,
14 $14,899,000, which shall be derived from the Oil Spill Li-
15 ability Trust Fund, to remain available until expended.
16 OFFICE OF SURFACE MINING RECLAMATION AND
17 ENFORCEMENT
18 REGULATION AND TECHNOLOGY

21 of the Surface Mining Control and Reclamation Act of
22 1977, Public Law 95–87, $117,768,000, to remain avail-
23 able until September 30, 2022, of which $68,590,000 shall
24 be available for state and tribal regulatory grants: Pro-
25 vided, That appropriations for the Office of Surface Min-
December 21, 2020 (12:59 p.m.)

756
1 ing Reclamation and Enforcement may provide for the
2 travel and per diem expenses of State and tribal personnel
3 attending Office of Surface Mining Reclamation and En-
4 forcement sponsored training: Provided further, That of
5 the unobligated balances from amounts made available
6 under this heading, $25,000,000 is permanently re-
7 scinded: Provided further, That no amounts may be re-
8 scinded from amounts that were designated by the Con-
12 In addition, for costs to review, administer, and en-
13 force permits issued by the Office pursuant to section 507
14 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to re-
15 main available until expended: Provided, That fees as-
16 sessed and collected by the Office pursuant to such section
17 507 shall be credited to this account as discretionary off-
18 setting collections, to remain available until expended:
19 Provided further, That the sum herein appropriated from
20 the general fund shall be reduced as collections are re-
21 ceived during the fiscal year, so as to result in a fiscal
22 year 2021 appropriation estimated at not more than
23 $117,768,000.
December 21, 2020 (12:59 p.m.)

757
1 ABANDONED MINE RECLAMATION FUND
3 For necessary expenses to carry out title IV of the

4 Surface Mining Control and Reclamation Act of 1977,
5 Public Law 95–87, $24,831,000, to be derived from re-
6 ceipts of the Abandoned Mine Reclamation Fund and to
7 remain available until expended: Provided, That pursuant
8 to Public Law 97–365, the Department of the Interior is
9 authorized to use up to 20 percent from the recovery of
10 the delinquent debt owed to the United States Government
11 to pay for contracts to collect these debts: Provided fur-
12 ther, That funds made available under title IV of Public
13 Law 95–87 may be used for any required non-Federal
14 share of the cost of projects funded by the Federal Gov-
15 ernment for the purpose of environmental restoration re-
16 lated to treatment or abatement of acid mine drainage
17 from abandoned mines: Provided further, That such
18 projects must be consistent with the purposes and prior-
19 ities of the Surface Mining Control and Reclamation Act:
20 Provided further, That amounts provided under this head-
21 ing may be used for the travel and per diem expenses of
22 State and tribal personnel attending Office of Surface
23 Mining Reclamation and Enforcement sponsored training.
24 In addition, $115,000,000, to remain available until
25 expended, for grants to States and federally recognized In-
December 21, 2020 (12:59 p.m.)

758
1 dian Tribes for reclamation of abandoned mine lands and
2 other related activities in accordance with the terms and
3 conditions described in the explanatory statement de-
5 of this consolidated Act): Provided, That such additional
6 amount shall be used for economic and community devel-
7 opment in conjunction with the priorities in section 403(a)
8 of the Surface Mining Control and Reclamation Act of
9 1977 (30 U.S.C. 1233(a)): Provided further, That of such
10 additional amount, $75,000,000 shall be distributed in
11 equal amounts to the three Appalachian States with the
12 greatest amount of unfunded needs to meet the priorities
13 described in paragraphs (1) and (2) of such section,
14 $30,000,000 shall be distributed in equal amounts to the
15 three Appalachian States with the subsequent greatest
16 amount of unfunded needs to meet such priorities, and
17 $10,000,000 shall be for grants to federally recognized In-
18 dian Tribes without regard to their status as certified or
19 uncertified under the Surface Mining Control and Rec-
20 lamation Act of 1977 (30 U.S.C. 1233(a)), for reclama-
21 tion of abandoned mine lands and other related activities
22 in accordance with the terms and conditions described in
24 matter preceding division A of this consolidated Act) and
25 shall be used for economic and community development
December 21, 2020 (12:59 p.m.)

759
1 in conjunction with the priorities in section 403(a) of the
2 Surface Mining Control and Reclamation Act of 1977:
3 Provided further, That such additional amount shall be al-
4 located to States and Indian Tribes within 60 days after
13 of 1985.
14 INDIAN AFFAIRS
15 BUREAU OF INDIAN AFFAIRS
16 OPERATION OF INDIAN PROGRAMS
18 For expenses necessary for the operation of Indian

19 programs, as authorized by law, including the Snyder Act
20 of November 2, 1921 (25 U.S.C. 13) and the Indian Self-
21 Determination and Education Assistance Act of 1975 (25
22 U.S.C. 5301 et seq.), $1,616,532,000, to remain available
23 until September 30, 2022, except as otherwise provided
24 herein; of which not to exceed $8,500 may be for official
25 reception and representation expenses; of which not to ex-
December 21, 2020 (12:59 p.m.)

760
1 ceed $78,000,000 shall be for welfare assistance pay-
2 ments: Provided, That in cases of designated Federal dis-
3 asters, the Secretary of the Interior may exceed such cap
4 for welfare payments from the amounts provided herein,
5 to provide for disaster relief to Indian communities af-
6 fected by the disaster: Provided further, That federally rec-
7 ognized Indian tribes and tribal organizations of federally
8 recognized Indian tribes may use their tribal priority allo-
9 cations for unmet welfare assistance costs: Provided fur-
10 ther, That not to exceed $58,492,000 shall remain avail-
11 able until expended for housing improvement, road main-
12 tenance, attorney fees, litigation support, land records im-
13 provement, and the Navajo-Hopi Settlement Program:
14 Provided further, That any forestry funds allocated to a
15 federally recognized tribe which remain unobligated as of
16 September 30, 2022, may be transferred during fiscal year
17 2023 to an Indian forest land assistance account estab-
18 lished for the benefit of the holder of the funds within
19 the holder’s trust fund account: Provided further, That
20 any such unobligated balances not so transferred shall ex-
21 pire on September 30, 2023: Provided further, That in
22 order to enhance the safety of Bureau field employees, the
23 Bureau may use funds to purchase uniforms or other iden-
24 tifying articles of clothing for personnel: Provided further,
25 That the Bureau of Indian Affairs may accept transfers
December 21, 2020 (12:59 p.m.)

761
1 of funds from United States Customs and Border Protec-
2 tion to supplement any other funding available for recon-
3 struction or repair of roads owned by the Bureau of Indian
4 Affairs as identified on the National Tribal Transpor-
5 tation Facility Inventory, 23 U.S.C. 202(b)(1): Provided
6 further, That $1,000,000 made available for Assistant
7 Secretary Support shall not be available for obligation
8 until the Assistant Secretary-Indian Affairs provides the
9 reports requested by the Committees on Appropriations of
10 the House of Representatives and the Senate related to
11 the Tiwahe Initiative.
12 CONTRACT SUPPORT COSTS
13 For payments to tribes and tribal organizations for

14 contract support costs associated with Indian Self-Deter-
15 mination and Education Assistance Act agreements with
16 the Bureau of Indian Affairs and the Bureau of Indian
17 Education for fiscal year 2021, such sums as may be nec-
18 essary, which shall be available for obligation through Sep-
19 tember 30, 2022: Provided, That notwithstanding any
20 other provision of law, no amounts made available under
21 this heading shall be available for transfer to another
22 budget account.
23 PAYMENTS FOR TRIBAL LEASES

25 leases pursuant to section 105(l) of the Indian Self-Deter-
December 21, 2020 (12:59 p.m.)

762
1 mination and Education Assistance Act (25 U.S.C.
2 5324(l)) for fiscal year 2021, such sums as may be nec-
7 budget account.
8 CONSTRUCTION
10 For construction, repair, improvement, and mainte-

11 nance of irrigation and power systems, buildings, utilities,
12 and other facilities, including architectural and engineer-
13 ing services by contract; acquisition of lands, and interests
14 in lands; and preparation of lands for farming, and for
15 construction of the Navajo Indian Irrigation Project pur-
16 suant to Public Law 87–483; $128,818,000, to remain
17 available until expended: Provided, That such amounts as
18 may be available for the construction of the Navajo Indian
19 Irrigation Project may be transferred to the Bureau of
20 Reclamation: Provided further, That any funds provided
21 for the Safety of Dams program pursuant to the Act of
22 November 2, 1921 (25 U.S.C. 13), shall be made available
23 on a nonreimbursable basis: Provided further, That this
24 appropriation may be reimbursed from the Office of the
25 Special Trustee for American Indians appropriation for
December 21, 2020 (12:59 p.m.)

763
1 the appropriate share of construction costs for space ex-
2 pansion needed in agency offices to meet trust reform im-
3 plementation: Provided further, That of the funds made
4 available under this heading, $10,000,000 shall be derived
5 from the Indian Irrigation Fund established by section
6 3211 of the WIIN Act (Public Law 114–322; 130 Stat.
7 1749).
8 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND
9 MISCELLANEOUS PAYMENTS TO INDIANS
10 For payments and necessary administrative expenses

11 for implementation of Indian land and water claim settle-
12 ments pursuant to Public Laws 99–264 and 114–322, and
13 for implementation of other land and water rights settle-
14 ments, $45,644,000, to remain available until expended.
15 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
16 For the cost of guaranteed loans and insured loans,

17 $11,797,000, of which $1,593,000 is for administrative
18 expenses, as authorized by the Indian Financing Act of
19 1974: Provided, That such costs, including the cost of
20 modifying such loans, shall be as defined in section 502
21 of the Congressional Budget Act of 1974: Provided fur-
22 ther, That these funds are available to subsidize total loan
23 principal, any part of which is to be guaranteed or insured,
24 not to exceed $82,886,197.
December 21, 2020 (12:59 p.m.)

764
1 BUREAU OF INDIAN EDUCATION
2 OPERATION OF INDIAN EDUCATION PROGRAMS
3 For expenses necessary for the operation of Indian

4 education programs, as authorized by law, including the
5 Snyder Act of November 2, 1921 (25 U.S.C. 13), the In-
6 dian Self-Determination and Education Assistance Act of
7 1975 (25 U.S.C. 5301 et seq.), the Education Amend-
8 ments of 1978 (25 U.S.C. 2001–2019), and the Tribally
9 Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.),
11 2022, except as otherwise provided herein: Provided, That
12 federally recognized Indian tribes and tribal organizations
13 of federally recognized Indian tribes may use their tribal
14 priority allocations for unmet welfare assistance costs:
15 Provided further, That not to exceed $728,820,000 for
16 school operations costs of Bureau-funded schools and
17 other education programs shall become available on July
18 1, 2021, and shall remain available until September 30,
19 2022: Provided further, That notwithstanding any other
20 provision of law, including but not limited to the Indian
21 Self–Determination Act of 1975 (25 U.S.C. 5301 et seq.)
22 and section 1128 of the Education Amendments of 1978
23 (25 U.S.C. 2008), not to exceed $86,884,000 within and
24 only from such amounts made available for school oper-
25 ations shall be available for administrative cost grants as-
December 21, 2020 (12:59 p.m.)

765
1 sociated with grants approved prior to July 1, 2021: Pro-
2 vided further, That in order to enhance the safety of Bu-
3 reau field employees, the Bureau may use funds to pur-
4 chase uniforms or other identifying articles of clothing for
5 personnel.
6 EDUCATION CONSTRUCTION
7 For construction, repair, improvement, and mainte-

8 nance of buildings, utilities, and other facilities necessary
9 for the operation of Indian education programs, including
10 architectural and engineering services by contract; acquisi-
11 tion of lands, and interests in lands; $264,277,000 to re-
12 main available until expended: Provided, That in order to
13 ensure timely completion of construction projects, the Sec-
14 retary of the Interior may assume control of a project and
15 all funds related to the project, if, not later than 18
16 months after the date of the enactment of this Act, any
17 Public Law 100–297 (25 U.S.C. 2501, et seq.) grantee
18 receiving funds appropriated in this Act or in any prior
19 Act, has not completed the planning and design phase of
20 the project and commenced construction.
22 The Bureau of Indian Affairs and the Bureau of In-

23 dian Education may carry out the operation of Indian pro-
24 grams by direct expenditure, contracts, cooperative agree-
December 21, 2020 (12:59 p.m.)

766
1 ments, compacts, and grants, either directly or in coopera-
2 tion with States and other organizations.
3 Notwithstanding Public Law 87–279 (25 U.S.C. 15),
4 the Bureau of Indian Affairs may contract for services in
5 support of the management, operation, and maintenance
6 of the Power Division of the San Carlos Irrigation Project.
7 Notwithstanding any other provision of law, no funds
8 available to the Bureau of Indian Affairs or the Bureau
9 of Indian Education for central office oversight and Exec-
10 utive Direction and Administrative Services (except Exec-
11 utive Direction and Administrative Services funding for
12 Tribal Priority Allocations, regional offices, and facilities
13 operations and maintenance) shall be available for con-
14 tracts, grants, compacts, or cooperative agreements with
15 the Bureau of Indian Affairs or the Bureau of Indian
16 Education under the provisions of the Indian Self-Deter-
17 mination Act or the Tribal Self-Governance Act of 1994
18 (Public Law 103–413).
19 In the event any tribe returns appropriations made
20 available by this Act to the Bureau of Indian Affairs or
21 the Bureau of Indian Education, this action shall not di-
22 minish the Federal Government’s trust responsibility to
23 that tribe, or the government-to-government relationship
24 between the United States and that tribe, or that tribe’s
25 ability to access future appropriations.
December 21, 2020 (12:59 p.m.)

767
1 Notwithstanding any other provision of law, no funds
2 available to the Bureau of Indian Education, other than
3 the amounts provided herein for assistance to public
4 schools under 25 U.S.C. 452 et seq., shall be available to
5 support the operation of any elementary or secondary
6 school in the State of Alaska.
7 No funds available to the Bureau of Indian Edu-
8 cation shall be used to support expanded grades for any
9 school or dormitory beyond the grade structure in place
10 or approved by the Secretary of the Interior at each school
11 in the Bureau of Indian Education school system as of
12 October 1, 1995, except that the Secretary of the Interior
13 may waive this prohibition to support expansion of up to
14 one additional grade when the Secretary determines such
15 waiver is needed to support accomplishment of the mission
16 of the Bureau of Indian Education, or more than one
17 grade to expand the elementary grade structure for Bu-
18 reau-funded schools with a K–2 grade structure on Octo-
19 ber 1, 1996. Appropriations made available in this or any
20 prior Act for schools funded by the Bureau shall be avail-
21 able, in accordance with the Bureau’s funding formula,
22 only to the schools in the Bureau school system as of Sep-
23 tember 1, 1996, and to any school or school program that
24 was reinstated in fiscal year 2012. Funds made available
25 under this Act may not be used to establish a charter
December 21, 2020 (12:59 p.m.)

768
1 school at a Bureau-funded school (as that term is defined
2 in section 1141 of the Education Amendments of 1978
3 (25 U.S.C. 2021)), except that a charter school that is
4 in existence on the date of the enactment of this Act and
5 that has operated at a Bureau-funded school before Sep-
6 tember 1, 1999, may continue to operate during that pe-
7 riod, but only if the charter school pays to the Bureau
8 a pro rata share of funds to reimburse the Bureau for
9 the use of the real and personal property (including buses
10 and vans), the funds of the charter school are kept sepa-
11 rate and apart from Bureau funds, and the Bureau does
12 not assume any obligation for charter school programs of
13 the State in which the school is located if the charter
14 school loses such funding. Employees of Bureau-funded
15 schools sharing a campus with a charter school and per-
16 forming functions related to the charter school’s operation
17 and employees of a charter school shall not be treated as
18 Federal employees for purposes of chapter 171 of title 28,
20 Notwithstanding any other provision of law, including
21 section 113 of title I of appendix C of Public Law 106–
22 113, if in fiscal year 2003 or 2004 a grantee received indi-
23 rect and administrative costs pursuant to a distribution
24 formula based on section 5(f) of Public Law 101–301, the
25 Secretary shall continue to distribute indirect and admin-
December 21, 2020 (12:59 p.m.)

769
1 istrative cost funds to such grantee using the section 5(f)
2 distribution formula.
3 Funds available under this Act may not be used to
4 establish satellite locations of schools in the Bureau school
5 system as of September 1, 1996, except that the Secretary
6 may waive this prohibition in order for an Indian tribe
7 to provide language and cultural immersion educational
8 programs for non-public schools located within the juris-
9 dictional area of the tribal government which exclusively
10 serve tribal members, do not include grades beyond those
11 currently served at the existing Bureau-funded school,
12 provide an educational environment with educator pres-
13 ence and academic facilities comparable to the Bureau-
14 funded school, comply with all applicable Tribal, Federal,
15 or State health and safety standards, and the Americans
16 with Disabilities Act, and demonstrate the benefits of es-
17 tablishing operations at a satellite location in lieu of incur-
18 ring extraordinary costs, such as for transportation or
19 other impacts to students such as those caused by busing
20 students extended distances: Provided, That no funds
21 available under this Act may be used to fund operations,
22 maintenance, rehabilitation, construction, or other facili-
23 ties-related costs for such assets that are not owned by
24 the Bureau: Provided further, That the term ‘‘satellite
25 school’’ means a school location physically separated from
December 21, 2020 (12:59 p.m.)

770
1 the existing Bureau school by more than 50 miles but that
2 forms part of the existing school in all other respects.
3 Funds made available for Tribal Priority Allocations
4 within Operation of Indian Programs and Operation of In-
5 dian Education Programs may be used to execute re-
6 quested adjustments in tribal priority allocations initiated
7 by an Indian Tribe.
8 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN
9 INDIANS
10 FEDERAL TRUST PROGRAMS
12 For the operation of trust programs for Indians by

13 direct expenditure, contracts, cooperative agreements,
14 compacts, and grants, $108,399,000, to remain available
15 until expended, of which not to exceed $17,911,000 from
16 this or any other Act, may be available for historical ac-
17 counting: Provided, That funds for trust management im-
18 provements and litigation support may, as needed, be
19 transferred to or merged with the Bureau of Indian Af-
20 fairs, ‘‘Operation of Indian Programs’’ and Bureau of In-
21 dian Education, ‘‘Operation of Indian Education Pro-
22 grams’’ accounts; the Office of the Solicitor, ‘‘Salaries and
23 Expenses’’ account; and the Office of the Secretary, ‘‘De-
24 partmental Operations’’ account: Provided further, That
25 funds made available through contracts or grants obli-
December 21, 2020 (12:59 p.m.)

771
1 gated during fiscal year 2021, as authorized by the Indian
2 Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.),
3 shall remain available until expended by the contractor or
4 grantee: Provided further, That notwithstanding any other
5 provision of law, the Secretary shall not be required to
6 provide a quarterly statement of performance for any In-
7 dian trust account that has not had activity for at least
8 15 months and has a balance of $15 or less: Provided fur-
9 ther, That the Secretary shall issue an annual account
10 statement and maintain a record of any such accounts and
11 shall permit the balance in each such account to be with-
12 drawn upon the express written request of the account
13 holder: Provided further, That not to exceed $50,000 is
14 available for the Secretary to make payments to correct
15 administrative errors of either disbursements from or de-
16 posits to Individual Indian Money or Tribal accounts after
17 September 30, 2002: Provided further, That erroneous
18 payments that are recovered shall be credited to and re-
19 main available in this account for this purpose: Provided
20 further, That the Secretary shall not be required to rec-
21 oncile Special Deposit Accounts with a balance of less than
22 $500 unless the Office of the Special Trustee receives
23 proof of ownership from a Special Deposit Accounts claim-
24 ant: Provided further, That notwithstanding section 102
25 of the American Indian Trust Fund Management Reform
December 21, 2020 (12:59 p.m.)

772
1 Act of 1994 (Public Law 103–412) or any other provision
2 of law, the Secretary may aggregate the trust accounts
3 of individuals whose whereabouts are unknown for a con-
4 tinuous period of at least 5 years and shall not be required
5 to generate periodic statements of performance for the in-
6 dividual accounts: Provided further, That with respect to
7 the eighth proviso, the Secretary shall continue to main-
8 tain sufficient records to determine the balance of the indi-
9 vidual accounts, including any accrued interest and in-
10 come, and such funds shall remain available to the indi-
11 vidual account holders.
12 DEPARTMENTAL OFFICES
14 DEPARTMENTAL OPERATIONS
15 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)
16 For necessary expenses for management of the De-

17 partment of the Interior and for grants and cooperative
18 agreements, as authorized by law, $120,608,000, to re-
19 main available until September 30, 2022; of which no less
20 than $1,860,000 shall be to assist the Department with
21 its compliance responsibilities under 5 U.S.C. 552; of
22 which not to exceed $15,000 may be for official reception
23 and representation expenses; of which up to $1,000,000
24 shall be available for workers compensation payments and
25 unemployment compensation payments associated with the
December 21, 2020 (12:59 p.m.)

773
1 orderly closure of the United States Bureau of Mines; and
2 of which $11,204,000 for Indian land, mineral, and re-
3 source valuation activities shall remain available until ex-
4 pended: Provided, That funds for Indian land, mineral,
5 and resource valuation activities may, as needed, be trans-
6 ferred to and merged with the Bureau of Indian Affairs
7 ‘‘Operation of Indian Programs’’ and Bureau of Indian
8 Education ‘‘Operation of Indian Education Programs’’ ac-
9 counts and the Office of the Special Trustee ‘‘Federal
10 Trust Programs’’ account: Provided further, That funds
11 made available through contracts or grants obligated dur-
12 ing fiscal year 2021, as authorized by the Indian Self-De-
13 termination Act of 1975 (25 U.S.C. 5301 et seq.), shall
14 remain available until expended by the contractor or
15 grantee.
23 of 1985.
December 21, 2020 (12:59 p.m.)

774
2 For fiscal year 2021, up to $400,000 of the payments

3 authorized by chapter 69 of title 31, United States Code,
4 may be retained for administrative expenses of the Pay-
5 ments in Lieu of Taxes Program: Provided, That the
6 amounts provided under this Act specifically for the Pay-
7 ments in Lieu of Taxes program are the only amounts
8 available for payments authorized under chapter 69 of
9 title 31, United States Code: Provided further, That in the
10 event the sums appropriated for any fiscal year for pay-
11 ments pursuant to this chapter are insufficient to make
12 the full payments authorized by that chapter to all units
13 of local government, then the payment to each local gov-
14 ernment shall be made proportionally: Provided further,
15 That the Secretary may make adjustments to payment to
16 individual units of local government to correct for prior
17 overpayments or underpayments: Provided further, That
18 no payment shall be made pursuant to that chapter to oth-
19 erwise eligible units of local government if the computed
20 amount of the payment is less than $100.
21 INSULAR AFFAIRS
22 ASSISTANCE TO TERRITORIES
23 For expenses necessary for assistance to territories

24 under the jurisdiction of the Department of the Interior
25 and other jurisdictions identified in section 104(e) of Pub-
December 21, 2020 (12:59 p.m.)

775
1 lic Law 108–188, $106,693,000, of which: (1)
2 $97,140,000 shall remain available until expended for ter-
3 ritorial assistance, including general technical assistance,
4 maintenance assistance, disaster assistance, coral reef ini-
5 tiative and natural resources activities, and brown tree
6 snake control and research; grants to the judiciary in
7 American Samoa for compensation and expenses, as au-
8 thorized by law (48 U.S.C. 1661(c)); grants to the Govern-
9 ment of American Samoa, in addition to current local rev-
10 enues, for construction and support of governmental func-
11 tions; grants to the Government of the Virgin Islands, as
12 authorized by law; grants to the Government of Guam,
13 as authorized by law; and grants to the Government of
14 the Northern Mariana Islands, as authorized by law (Pub-
15 lic Law 94–241; 90 Stat. 272); and (2) $9,553,000 shall
16 be available until September 30, 2022, for salaries and
17 expenses of the Office of Insular Affairs: Provided, That
18 all financial transactions of the territorial and local gov-
19 ernments herein provided for, including such transactions
20 of all agencies or instrumentalities established or used by
21 such governments, may be audited by the Government Ac-
22 countability Office, at its discretion, in accordance with
23 chapter 35 of title 31, United States Code: Provided fur-
24 ther, That Northern Mariana Islands Covenant grant
25 funding shall be provided according to those terms of the
December 21, 2020 (12:59 p.m.)

776
1 Agreement of the Special Representatives on Future
2 United States Financial Assistance for the Northern Mar-
3 iana Islands approved by Public Law 104–134: Provided
4 further, That the funds for the program of operations and
5 maintenance improvement are appropriated to institu-
6 tionalize routine operations and maintenance improvement
7 of capital infrastructure with territorial participation and
8 cost sharing to be determined by the Secretary based on
9 the grantee’s commitment to timely maintenance of its
10 capital assets: Provided further, That any appropriation
11 for disaster assistance under this heading in this Act or
12 previous appropriations Acts may be used as non–Federal
13 matching funds for the purpose of hazard mitigation
14 grants provided pursuant to section 404 of the Robert T.
15 Stafford Disaster Relief and Emergency Assistance Act
16 (42 U.S.C. 5170c).
17 COMPACT OF FREE ASSOCIATION
18 For grants and necessary expenses, $8,463,000, to

19 remain available until expended, as provided for in sec-
20 tions 221(a)(2) and 233 of the Compact of Free Associa-
21 tion for the Republic of Palau; and section 221(a)(2) of
22 the Compacts of Free Association for the Government of
23 the Republic of the Marshall Islands and the Federated
24 States of Micronesia, as authorized by Public Law 99–
25 658 and Public Law 108–188: Provided, That of the funds
December 21, 2020 (12:59 p.m.)

777
1 appropriated under this heading, $5,000,000 is for deposit
2 into the Compact Trust Fund of the Republic of the Mar-
3 shall Islands as compensation authorized by Public Law
4 108–188 for adverse financial and economic impacts.
7 At the request of the Governor of Guam, the Sec-

8 retary may transfer discretionary funds or mandatory
9 funds provided under section 104(e) of Public Law 108–
10 188 and Public Law 104–134, that are allocated for
11 Guam, to the Secretary of Agriculture for the subsidy cost
12 of direct or guaranteed loans, plus not to exceed three per-
13 cent of the amount of the subsidy transferred for the cost
14 of loan administration, for the purposes authorized by the
15 Rural Electrification Act of 1936 and section 306(a)(1)
16 of the Consolidated Farm and Rural Development Act for
17 construction and repair projects in Guam, and such funds
18 shall remain available until expended: Provided, That such
19 costs, including the cost of modifying such loans, shall be
20 as defined in section 502 of the Congressional Budget Act
21 of 1974: Provided further, That such loans or loan guaran-
22 tees may be made without regard to the population of the
23 area, credit elsewhere requirements, and restrictions on
24 the types of eligible entities under the Rural Electrifica-
25 tion Act of 1936 and section 306(a)(1) of the Consolidated
December 21, 2020 (12:59 p.m.)

778
1 Farm and Rural Development Act: Provided further, That
2 any funds transferred to the Secretary of Agriculture shall
3 be in addition to funds otherwise made available to make
4 or guarantee loans under such authorities.
5 OFFICE OF THE SOLICITOR
7 For necessary expenses of the Office of the Solicitor,

8 $86,813,000.

12 General, $58,552,000, to remain available until September
13 30, 2022.
14 DEPARTMENT-WIDE PROGRAMS
15 WILDLAND FIRE MANAGEMENT
17 For necessary expenses for fire preparedness, fire

18 suppression operations, fire science and research, emer-
19 gency rehabilitation, fuels management activities, and
20 rural fire assistance by the Department of the Interior,
22 which not to exceed $18,427,000 shall be for the renova-
23 tion or construction of fire facilities: Provided, That such
24 funds are also available for repayment of advances to
25 other appropriation accounts from which funds were pre-
December 21, 2020 (12:59 p.m.)

779
1 viously transferred for such purposes: Provided further,
2 That of the funds provided $219,964,000 is for fuels man-
3 agement activities: Provided further, That of the funds
4 provided $20,470,000 is for burned area rehabilitation:
5 Provided further, That persons hired pursuant to 43
6 U.S.C. 1469 may be furnished subsistence and lodging
7 without cost from funds available from this appropriation:
8 Provided further, That notwithstanding 42 U.S.C. 1856d,
9 sums received by a bureau or office of the Department
10 of the Interior for fire protection rendered pursuant to 42
11 U.S.C. 1856 et seq., protection of United States property,
12 may be credited to the appropriation from which funds
13 were expended to provide that protection, and are avail-
14 able without fiscal year limitation: Provided further, That
15 using the amounts designated under this title of this Act,
16 the Secretary of the Interior may enter into procurement
17 contracts, grants, or cooperative agreements, for fuels
18 management activities, and for training and monitoring
19 associated with such fuels management activities on Fed-
20 eral land, or on adjacent non-Federal land for activities
21 that benefit resources on Federal land: Provided further,
22 That the costs of implementing any cooperative agreement
23 between the Federal Government and any non-Federal en-
24 tity may be shared, as mutually agreed on by the affected
25 parties: Provided further, That notwithstanding require-
December 21, 2020 (12:59 p.m.)

780
1 ments of the Competition in Contracting Act, the Sec-
2 retary, for purposes of fuels management activities, may
3 obtain maximum practicable competition among: (1) local
4 private, nonprofit, or cooperative entities; (2) Youth Con-
5 servation Corps crews, Public Lands Corps (Public Law
6 109–154), or related partnerships with State, local, or
7 nonprofit youth groups; (3) small or micro-businesses; or
8 (4) other entities that will hire or train locally a significant
9 percentage, defined as 50 percent or more, of the project
10 workforce to complete such contracts: Provided further,
11 That in implementing this section, the Secretary shall de-
12 velop written guidance to field units to ensure account-
13 ability and consistent application of the authorities pro-
14 vided herein: Provided further, That funds appropriated
15 under this heading may be used to reimburse the United
16 States Fish and Wildlife Service and the National Marine
17 Fisheries Service for the costs of carrying out their re-
18 sponsibilities under the Endangered Species Act of 1973
19 (16 U.S.C. 1531 et seq.) to consult and conference, as
20 required by section 7 of such Act, in connection with
21 wildland fire management activities: Provided further,
22 That the Secretary of the Interior may use wildland fire
23 appropriations to enter into leases of real property with
24 local governments, at or below fair market value, to con-
25 struct capitalized improvements for fire facilities on such
December 21, 2020 (12:59 p.m.)

781
1 leased properties, including but not limited to fire guard
2 stations, retardant stations, and other initial attack and
3 fire support facilities, and to make advance payments for
4 any such lease or for construction activity associated with
5 the lease: Provided further, That the Secretary of the Inte-
6 rior and the Secretary of Agriculture may authorize the
7 transfer of funds appropriated for wildland fire manage-
8 ment, in an aggregate amount not to exceed $50,000,000
9 between the Departments when such transfers would fa-
10 cilitate and expedite wildland fire management programs
11 and projects: Provided further, That funds provided for
12 wildfire suppression shall be available for support of Fed-
13 eral emergency response actions: Provided further, That
14 funds appropriated under this heading shall be available
15 for assistance to or through the Department of State in
16 connection with forest and rangeland research, technical
17 information, and assistance in foreign countries, and, with
18 the concurrence of the Secretary of State, shall be avail-
19 able to support forestry, wildland fire management, and
20 related natural resource activities outside the United
21 States and its territories and possessions, including tech-
22 nical assistance, education and training, and cooperation
23 with United States and international organizations: Pro-
25 ing $383,657,000 is provided to meet the terms of section
December 21, 2020 (12:59 p.m.)

782
1 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emer-
2 gency Deficit Control Act of 1985, as amended.
3 WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
5 In addition to the amounts provided under the head-

6 ing ‘‘Department of the Interior—Department-Wide Pro-
7 grams—Wildland Fire Management’’ for wildfire suppres-
8 sion operations, $310,000,000, to remain available until
9 transferred, is additional new budget authority as speci-
10 fied for purposes of section 251(b)(2)(F) of the Balanced
11 Budget and Emergency Deficit Control Act of 1985: Pro-
12 vided, That such amounts may be transferred to and
13 merged with amounts made available under the headings
14 ‘‘Department of Agriculture—Forest Service—Wildland
15 Fire Management’’ and ‘‘Department of the Interior—De-
16 partment-Wide Programs—Wildland Fire Management’’
17 for wildfire suppression operations in the fiscal year in
18 which such amounts are transferred: Provided further,
19 That amounts may be transferred to the ‘‘Wildland Fire
20 Management’’ accounts in the Department of Agriculture
21 or the Department of the Interior only upon the notifica-
22 tion of the House and Senate Committees on Appropria-
23 tions that all wildfire suppression operations funds appro-
24 priated under that heading in this and prior appropria-
25 tions Acts to the agency to which the funds will be trans-
December 21, 2020 (12:59 p.m.)

783
1 ferred will be obligated within 30 days: Provided further,
2 That the transfer authority provided under this heading
3 is in addition to any other transfer authority provided by
4 law: Provided further, That, in determining whether all
5 wildfire suppression operations funds appropriated under
6 the heading ‘‘Wildland Fire Management’’ in this and
7 prior appropriations Acts to either the Department of Ag-
8 riculture or the Department of the Interior will be obli-
9 gated within 30 days pursuant to the previous proviso, any
10 funds transferred or permitted to be transferred pursuant
11 to any other transfer authority provided by law shall be
12 excluded.
13 CENTRAL HAZARDOUS MATERIALS FUND
14 For necessary expenses of the Department of the In-

15 terior and any of its component offices and bureaus for
16 the response action, including associated activities, per-
17 formed pursuant to the Comprehensive Environmental Re-
18 sponse, Compensation, and Liability Act (42 U.S.C. 9601
20 NATURAL RESOURCE DAMAGE ASSESSMENT AND
21 RESTORATION
22 NATURAL RESOURCE DAMAGE ASSESSMENT FUND
23 To conduct natural resource damage assessment, res-

24 toration activities, and onshore oil spill preparedness by
25 the Department of the Interior necessary to carry out the
December 21, 2020 (12:59 p.m.)

784
1 provisions of the Comprehensive Environmental Response,
2 Compensation, and Liability Act (42 U.S.C. 9601 et seq.),
3 the Federal Water Pollution Control Act (33 U.S.C. 1251
4 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701
5 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000, to
7 WORKING CAPITAL FUND
8 For the operation and maintenance of a departmental

9 financial and business management system, information
10 technology improvements of general benefit to the Depart-
11 ment, cybersecurity, and the consolidation of facilities and
12 operations throughout the Department, $60,735,000, to
13 remain available until expended: Provided, That none of
14 the funds appropriated in this Act or any other Act may
15 be used to establish reserves in the Working Capital Fund
16 account other than for accrued annual leave and deprecia-
17 tion of equipment without prior approval of the Commit-
19 and the Senate: Provided further, That the Secretary of
20 the Interior may assess reasonable charges to State, local,
21 and tribal government employees for training services pro-
22 vided by the National Indian Program Training Center,
23 other than training related to Public Law 93–638: Pro-
24 vided further, That the Secretary may lease or otherwise
25 provide space and related facilities, equipment, or profes-
December 21, 2020 (12:59 p.m.)

785
1 sional services of the National Indian Program Training
2 Center to State, local and tribal government employees or
3 persons or organizations engaged in cultural, educational,
4 or recreational activities (as defined in section 3306(a) of
5 title 40, United States Code) at the prevailing rate for
6 similar space, facilities, equipment, or services in the vicin-
7 ity of the National Indian Program Training Center: Pro-
8 vided further, That all funds received pursuant to the two
9 preceding provisos shall be credited to this account, shall
10 be available until expended, and shall be used by the Sec-
11 retary for necessary expenses of the National Indian Pro-
12 gram Training Center: Provided further, That the Sec-
13 retary may enter into grants and cooperative agreements
14 to support the Office of Natural Resource Revenue’s col-
15 lection and disbursement of royalties, fees, and other min-
16 eral revenue proceeds, as authorized by law.
18 There is hereby authorized for acquisition from avail-

19 able resources within the Working Capital Fund, aircraft
20 which may be obtained by donation, purchase, or through
21 available excess surplus property: Provided, That existing
22 aircraft being replaced may be sold, with proceeds derived
23 or trade-in value used to offset the purchase price for the
24 replacement aircraft.
December 21, 2020 (12:59 p.m.)

786
1 OFFICE OF NATURAL RESOURCES REVENUE
2 For necessary expenses for management of the collec-

3 tion and disbursement of royalties, fees, and other mineral
4 revenue proceeds, and for grants and cooperative agree-
5 ments, as authorized by law, $148,474,000, to remain
6 available until September 30, 2022; of which $50,651,000
7 shall remain available until expended for the purpose of
8 mineral revenue management activities: Provided, That
9 notwithstanding any other provision of law, $15,000 shall
10 be available for refunds of overpayments in connection
11 with certain Indian leases in which the Secretary of the
12 Interior concurred with the claimed refund due, to pay
13 amounts owed to Indian allottees or tribes, or to correct
14 prior unrecoverable erroneous payments.
15 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
17 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU
18 SEC. 101. Appropriations made in this title shall be

19 available for expenditure or transfer (within each bureau
20 or office), with the approval of the Secretary of the Inte-
21 rior, for the emergency reconstruction, replacement, or re-
22 pair of aircraft, buildings, utilities, or other facilities or
23 equipment damaged or destroyed by fire, flood, storm, or
24 other unavoidable causes: Provided, That no funds shall
25 be made available under this authority until funds specifi-
December 21, 2020 (12:59 p.m.)

787
1 cally made available to the Department of the Interior for
2 emergencies shall have been exhausted: Provided further,
3 That all funds used pursuant to this section must be re-
4 plenished by a supplemental appropriation, which must be
5 requested as promptly as possible.
6 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE
7 SEC. 102. The Secretary of the Interior may author-

8 ize the expenditure or transfer of any no year appropria-
9 tion in this title, in addition to the amounts included in
10 the budget programs of the several agencies, for the sup-
11 pression or emergency prevention of wildland fires on or
12 threatening lands under the jurisdiction of the Depart-
13 ment of the Interior; for the emergency rehabilitation of
14 burned-over lands under its jurisdiction; for emergency ac-
15 tions related to potential or actual earthquakes, floods,
16 volcanoes, storms, or other unavoidable causes; for contin-
17 gency planning subsequent to actual oil spills; for response
18 and natural resource damage assessment activities related
19 to actual oil spills or releases of hazardous substances into
20 the environment; for the prevention, suppression, and con-
21 trol of actual or potential grasshopper and Mormon cricket
22 outbreaks on lands under the jurisdiction of the Secretary,
23 pursuant to the authority in section 417(b) of Public Law
24 106–224 (7 U.S.C. 7717(b)); for emergency reclamation
25 projects under section 410 of Public Law 95–87; and shall
December 21, 2020 (12:59 p.m.)

788
1 transfer, from any no year funds available to the Office
2 of Surface Mining Reclamation and Enforcement, such
3 funds as may be necessary to permit assumption of regu-
4 latory authority in the event a primacy State is not car-
5 rying out the regulatory provisions of the Surface Mining
6 Act: Provided, That appropriations made in this title for
7 wildland fire operations shall be available for the payment
8 of obligations incurred during the preceding fiscal year,
9 and for reimbursement to other Federal agencies for de-
10 struction of vehicles, aircraft, or other equipment in con-
11 nection with their use for wildland fire operations, with
12 such reimbursement to be credited to appropriations cur-
13 rently available at the time of receipt thereof: Provided
14 further, That for wildland fire operations, no funds shall
15 be made available under this authority until the Secretary
16 determines that funds appropriated for ‘‘wildland fire sup-
17 pression’’ shall be exhausted within 30 days: Provided fur-
18 ther, That all funds used pursuant to this section must
19 be replenished by a supplemental appropriation, which
20 must be requested as promptly as possible: Provided fur-
21 ther, That such replenishment funds shall be used to reim-
22 burse, on a pro rata basis, accounts from which emergency
23 funds were transferred.
December 21, 2020 (12:59 p.m.)

789
1 AUTHORIZED USE OF FUNDS
2 SEC. 103. Appropriations made to the Department

3 of the Interior in this title shall be available for services
5 Code, when authorized by the Secretary of the Interior,
6 in total amount not to exceed $500,000; purchase and re-
7 placement of motor vehicles, including specially equipped
8 law enforcement vehicles; hire, maintenance, and oper-
9 ation of aircraft; hire of passenger motor vehicles; pur-
10 chase of reprints; payment for telephone service in private
11 residences in the field, when authorized under regulations
12 approved by the Secretary; and the payment of dues, when
13 authorized by the Secretary, for library membership in so-
14 cieties or associations which issue publications to members
15 only or at a price to members lower than to subscribers
16 who are not members.
17 AUTHORIZED USE OF FUNDS, INDIAN TRUST
18 MANAGEMENT
19 SEC. 104. Appropriations made in this Act under the

20 headings Bureau of Indian Affairs and Bureau of Indian
21 Education, and Office of the Special Trustee for American
22 Indians and any unobligated balances from prior appro-
23 priations Acts made under the same headings shall be
24 available for expenditure or transfer for Indian trust man-
25 agement and reform activities. Total funding for historical
December 21, 2020 (12:59 p.m.)

790
1 accounting activities shall not exceed amounts specifically
2 designated in this Act for such purpose. The Secretary
3 shall notify the House and Senate Committees on Appro-
4 priations within 60 days of the expenditure or transfer of
5 any funds under this section, including the amount ex-
6 pended or transferred and how the funds will be used.
7 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN
8 AFFAIRS

10 law, the Secretary of the Interior is authorized to redis-
11 tribute any Tribal Priority Allocation funds, including
12 tribal base funds, to alleviate tribal funding inequities by
13 transferring funds to address identified, unmet needs,
14 dual enrollment, overlapping service areas or inaccurate
15 distribution methodologies. No tribe shall receive a reduc-
16 tion in Tribal Priority Allocation funds of more than 10
17 percent in fiscal year 2021. Under circumstances of dual
18 enrollment, overlapping service areas or inaccurate dis-
19 tribution methodologies, the 10 percent limitation does not
20 apply.
21 ELLIS, GOVERNORS, AND LIBERTY ISLANDS

23 law, the Secretary of the Interior is authorized to acquire
24 lands, waters, or interests therein, including the use of all
25 or part of any pier, dock, or landing within the State of
December 21, 2020 (12:59 p.m.)

791
1 New York and the State of New Jersey, for the purpose
2 of operating and maintaining facilities in the support of
3 transportation and accommodation of visitors to Ellis,
4 Governors, and Liberty Islands, and of other program and
5 administrative activities, by donation or with appropriated
6 funds, including franchise fees (and other monetary con-
7 sideration), or by exchange; and the Secretary is author-
8 ized to negotiate and enter into leases, subleases, conces-
9 sion contracts, or other agreements for the use of such
10 facilities on such terms and conditions as the Secretary
11 may determine reasonable.
12 OUTER CONTINENTAL SHELF INSPECTION FEES
13 SEC. 107. (a) In fiscal year 2021, the Secretary of

14 the Interior shall collect a nonrefundable inspection fee,
15 which shall be deposited in the ‘‘Offshore Safety and Envi-
16 ronmental Enforcement’’ account, from the designated op-
17 erator for facilities subject to inspection under 43 U.S.C.
18 1348(c).
19 (b) Annual fees shall be collected for facilities that
20 are above the waterline, excluding drilling rigs, and are
21 in place at the start of the fiscal year. Fees for fiscal year
22 2021 shall be—
23 (1) $10,500 for facilities with no wells, but with
24 processing equipment or gathering lines;
December 21, 2020 (12:59 p.m.)

792
1 (2) $17,000 for facilities with 1 to 10 wells,
2 with any combination of active or inactive wells; and
3 (3) $31,500 for facilities with more than 10
4 wells, with any combination of active or inactive
5 wells.
6 (c) Fees for drilling rigs shall be assessed for all in-
7 spections completed in fiscal year 2021. Fees for fiscal
8 year 2021 shall be—
9 (1) $30,500 per inspection for rigs operating in
10 water depths of 500 feet or more; and
11 (2) $16,700 per inspection for rigs operating in
12 water depths of less than 500 feet.
13 (d) Fees for inspection of well operations conducted
14 via non-rig units as outlined in title 30 CFR 250 subparts
15 D, E, F, and Q shall be assessed for all inspections com-
16 pleted in fiscal year 2021. Fees for fiscal year 2021 shall
17 be—
18 (1) $13,260 per inspection for non-rig units op-
19 erating in water depths of 2,500 feet or more;
21 erating in water depths between 500 and 2,499 feet;
22 and
24 erating in water depths of less than 500 feet.
December 21, 2020 (12:59 p.m.)

793
1 (e) The Secretary shall bill designated operators
2 under subsection (b) quarterly, with payment required
3 within 30 days of billing. The Secretary shall bill des-
4 ignated operators under subsection (c) within 30 days of
5 the end of the month in which the inspection occurred,
6 with payment required within 30 days of billing. The Sec-
7 retary shall bill designated operators under subsection (d)
8 with payment required by the end of the following quarter.
9 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND
10 BURRO HOLDING FACILITIES

12 this Act, the Secretary of the Interior may enter into
13 multiyear cooperative agreements with nonprofit organiza-
14 tions and other appropriate entities, and may enter into
15 multiyear contracts in accordance with the provisions of
16 section 3903 of title 41, United States Code (except that
17 the 5-year term restriction in subsection (a) shall not
18 apply), for the long-term care and maintenance of excess
19 wild free roaming horses and burros by such organizations
20 or entities on private land. Such cooperative agreements
21 and contracts may not exceed 10 years, subject to renewal
22 at the discretion of the Secretary.
23 MASS MARKING OF SALMONIDS
24 SEC. 109. The United States Fish and Wildlife Serv-

25 ice shall, in carrying out its responsibilities to protect
December 21, 2020 (12:59 p.m.)

794
1 threatened and endangered species of salmon, implement
2 a system of mass marking of salmonid stocks, intended
3 for harvest, that are released from federally operated or
4 federally financed hatcheries including but not limited to
5 fish releases of coho, chinook, and steelhead species.
6 Marked fish must have a visible mark that can be readily
7 identified by commercial and recreational fishers.
8 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

10 law, during fiscal year 2021, in carrying out work involv-
11 ing cooperation with State, local, and tribal governments
12 or any political subdivision thereof, Indian Affairs may
13 record obligations against accounts receivable from any
14 such entities, except that total obligations at the end of
15 the fiscal year shall not exceed total budgetary resources
16 available at the end of the fiscal year.
17 DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES
18 PROGRAM

20 of law relating to Federal grants and cooperative agree-
21 ments, the Secretary of the Interior is authorized to make
22 grants to, or enter into cooperative agreements with, pri-
23 vate nonprofit organizations designated by the Secretary
24 of Labor under title V of the Older Americans Act of 1965
25 to utilize the talents of older Americans in programs au-
December 21, 2020 (12:59 p.m.)

795
1 thorized by other provisions of law administered by the
2 Secretary and consistent with such provisions of law.
3 (b) Prior to awarding any grant or agreement under
4 subsection (a), the Secretary shall ensure that the agree-
5 ment would not—
6 (1) result in the displacement of individuals
7 currently employed by the Department, including
8 partial displacement through reduction of non-over-
9 time hours, wages, or employment benefits;
10 (2) result in the use of an individual under the
11 Department of the Interior Experienced Services
12 Program for a job or function in a case in which a
13 Federal employee is in a layoff status from the same
14 or substantially equivalent job within the Depart-
15 ment; or
16 (3) affect existing contracts for services.
17 OBLIGATION OF FUNDS
18 SEC. 112. Amounts appropriated by this Act to the

19 Department of the Interior shall be available for obligation
20 and expenditure not later than 60 days after the date of
22 EXTENSION OF AUTHORITIES
23 SEC. 113. (a) Section 708(a) of division II of Public

24 Law 104–333, as amended by Public Law 110–229 sec-
December 21, 2020 (12:59 p.m.)

796
1 tion 461, is further amended by striking ‘‘ $15,000,000’’
2 and inserting ‘‘ $17,000,000’’.
3 (b) Section 109(a) of title I of Public Law 106–278
4 is amended by striking ‘‘ $10,000,000’’ and inserting ‘‘
5 $12,000,000’’.
6 SEPARATION OF ACCOUNTS
7 SEC. 114. The Secretary of the Interior, in order to

8 implement an orderly transition to separate accounts of
9 the Bureau of Indian Affairs and the Bureau of Indian
10 Education, may transfer funds among and between the
11 successor offices and bureaus affected by the reorganiza-
12 tion only in conformance with the reprogramming guide-
13 lines described in this Act.
14 PAYMENTS IN LIEU OF TAXES (PILT)

16 Code, shall be applied by substituting ‘‘fiscal year 2021’’
17 for ‘‘fiscal year 2019’’.
18 SAGE-GROUSE

20 or any other Act may be used by the Secretary of the Inte-
21 rior to write or issue pursuant to section 4 of the Endan-
22 gered Species Act of 1973 (16 U.S.C. 1533)—
23 (1) a proposed rule for greater sage-grouse
24 (Centrocercus urophasianus);
December 21, 2020 (12:59 p.m.)

797
1 (2) a proposed rule for the Columbia basin dis-
2 tinct population segment of greater sage-grouse.
3 DISCLOSURE OF DEPARTURE OR ALTERNATE PROCEDURE
4 APPROVAL
5 SEC. 117. (a) Subject to subsection (b), beginning no

6 later than 180 days after the enactment of this Act, in
7 any case in which the Bureau of Safety and Environ-
8 mental Enforcement or the Bureau of Ocean Energy Man-
9 agement prescribes or approves any departure or use of
10 alternate procedure or equipment, in regards to a plan or
11 permit, under 30 CFR 585.103, 30 CFR 550.141; 30
12 CFR 550.142; 30 CFR 250.141, or 30 CFR 250.142, the
13 head of such bureau shall post a description of such depar-
14 ture or alternate procedure or equipment use approval on
15 such bureau’s publicly available website not more than 15
16 business days after such issuance.
17 (b) The head of each bureau may exclude confidential
18 business information.
19 MEDICAL SERVICES FUND
20 SEC. 118. Beginning in fiscal year 2022 and for each

21 fiscal year thereafter, fees collected pursuant to section
22 2404 of Public Law 116-9 shall be deposited into the Na-
23 tional Park Medical Services Fund established pursuant
24 to such section of such Act as discretionary offsetting re-
25 ceipts.
December 21, 2020 (12:59 p.m.)

798
1 INTERAGENCY MOTOR POOL
2 SEC. 119. Notwithstanding any other provision of law

3 or Federal regulation, federally recognized Indian tribes
4 or authorized tribal organizations that receive Tribally-
5 Controlled School Grants pursuant to Public Law 100–
6 297 may obtain interagency motor vehicles and related
7 services for performance of any activities carried out
8 under such grants to the same extent as if they were con-
9 tracting under the Indian Self-Determination and Edu-
10 cation Assistance Act.
11 LONG BRIDGE PROJECT
12 SEC. 120. (a) AUTHORIZATION OF CONVEYANCE.—

13 On request by the State of Virginia or the District of Co-
14 lumbia for the purpose of the construction of rail and
15 other infrastructure relating to the Long Bridge Project,
16 the Secretary of the Interior may convey to the State or
17 the District of Columbia, as applicable, all right, title, and
18 interest of the United States in and to any portion of the
19 approximately 4.4 acres of National Park Service land de-
20 picted as ‘‘Permanent Impact to NPS Land’’ on the Map
21 dated May 15, 2020, that is identified by the State or
22 the District of Columbia.
23 (b) TERMS AND CONDITIONS.—Such conveyance of
24 the National Park Service land under subsection (a) shall
25 be subject to any terms and conditions that the Secretary
December 21, 2020 (12:59 p.m.)

799
1 may require. If such conveyed land is no longer being used
2 for the purposes specified in this section, the lands or in-
3 terests therein shall revert to the National Park Service
4 after they have been restored or remediated to the satis-
5 faction of the Secretary.
6 (c) CORRECTIONS.—The Secretary and the State or
7 the District of Columbia, as applicable, by mutual agree-
8 ment, may—
9 (1) make minor boundary adjustments to the
10 National Park Service land to be conveyed to the
11 State or the District of Columbia under subsection
12 (a); and
13 (2) correct any minor errors in the Map re-
14 ferred to in subsection (a).
15 (d) DEFINITIONS.—For purposes of this section:
16 (1) LONG BRIDGE PROJECT.—The term ‘‘Long
17 Bridge Project’’ means the rail project, as identified
18 by the Federal Railroad Administration, from
19 Rosslyn (RO) Interlocking in Arlington, Virginia, to
20 L’Enfant (LE) Interlocking in Washington, DC,
21 which includes a bicycle and pedestrian bridge.
22 (2) SECRETARY.—The term ‘‘Secretary’’ means
23 the Secretary of the Interior, acting through the Di-
24 rector of the National Park Service.
December 21, 2020 (12:59 p.m.)

800
1 (3) STATE.—The term ‘‘State’’ means the State
2 of Virginia.
December 21, 2020 (12:59 p.m.)

801
1 TITLE II
2 ENVIRONMENTAL PROTECTION AGENCY
3 SCIENCE AND TECHNOLOGY
4 For science and technology, including research and
5 development activities, which shall include research and
6 development activities under the Comprehensive Environ-
7 mental Response, Compensation, and Liability Act of
8 1980; necessary expenses for personnel and related costs
9 and travel expenses; procurement of laboratory equipment
10 and supplies; hire, maintenance, and operation of aircraft;
11 and other operating expenses in support of research and
12 development, $729,329,000, to remain available until Sep-
13 tember 30, 2022: Provided, That of the funds included
14 under this heading, $7,500,000 shall be for Research: Na-
15 tional Priorities as specified in the explanatory statement
17 A of this consolidated Act).
18 ENVIRONMENTAL PROGRAMS AND MANAGEMENT
19 For environmental programs and management, in-
20 cluding necessary expenses not otherwise provided for, for
21 personnel and related costs and travel expenses; hire of
22 passenger motor vehicles; hire, maintenance, and oper-
23 ation of aircraft; purchase of reprints; library member-
24 ships in societies or associations which issue publications
25 to members only or at a price to members lower than to
December 21, 2020 (12:59 p.m.)

802
1 subscribers who are not members; administrative costs of
2 the brownfields program under the Small Business Liabil-
3 ity Relief and Brownfields Revitalization Act of 2002; im-
4 plementation of a coal combustion residual permit pro-
5 gram under section 2301 of the Water and Waste Act of
6 2016; and not to exceed $19,000 for official reception and
7 representation expenses, $2,761,550,000, to remain avail-
8 able until September 30, 2022: Provided, That of the
9 funds included under this heading, $21,700,000 shall be
10 for Environmental Protection: National Priorities as speci-
11 fied in the explanatory statement described in section 4
12 (in the matter preceding division A of this consolidated
13 Act): Provided further, That of the funds included under
14 this heading, $541,972,000 shall be for Geographic Pro-
15 grams specified in the explanatory statement described in
17 solidated Act).
18 In addition, $5,000,000 to remain available until ex-
19 pended, for necessary expenses of activities described in
20 section 26(b)(1) of the Toxic Substances Control Act (15
21 U.S.C. 2625(b)(1)): Provided, That fees collected pursu-
22 ant to that section of that Act and deposited in the ‘‘TSCA
23 Service Fee Fund’’ as discretionary offsetting receipts in
24 fiscal year 2021 shall be retained and used for necessary
25 salaries and expenses in this appropriation and shall re-
December 21, 2020 (12:59 p.m.)

803
1 main available until expended: Provided further, That the
2 sum herein appropriated in this paragraph from the gen-
3 eral fund for fiscal year 2021 shall be reduced by the
4 amount of discretionary offsetting receipts received during
5 fiscal year 2021, so as to result in a final fiscal year 2021
6 appropriation from the general fund estimated at not more
7 than $0: Provided further, That to the extent that amounts
8 realized from such receipts exceed $5,000,000, those
9 amount in excess of $5,000,000 shall be deposited in the
10 ‘‘TSCA Service Fee Fund’’ as discretionary offsetting re-
11 ceipts in fiscal year 2021, shall be retained and used for
12 necessary salaries and expenses in this account, and shall
13 remain available until expended: Provided further, That of
14 the funds included in the first paragraph under this head-
15 ing, the Chemical Risk Review and Reduction program
16 project shall be allocated for this fiscal year, excluding the
17 amount of any fees appropriated, not less than the amount
18 of appropriations for that program project for fiscal year
19 2014.
20 HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM
21 FUND
22 For necessary expenses to carry out section 3024 of
23 the Solid Waste Disposal Act (42 U.S.C. 6939g), includ-
24 ing the development, operation, maintenance, and upgrad-
25 ing of the hazardous waste electronic manifest system es-
December 21, 2020 (12:59 p.m.)

804
1 tablished by such section, $8,000,000, to remain available
2 until expended: Provided, That the sum herein appro-
3 priated from the general fund shall be reduced as offset-
4 ting collections under such section 3024 are received dur-
5 ing fiscal year 2021, which shall remain available until ex-
6 pended and be used for necessary expenses in this appro-
7 priation, so as to result in a final fiscal year 2021 appro-
9 $0: Provided further, That to the extent such offsetting
10 collections received in fiscal year 2021 exceed $8,000,000,
11 those excess amounts shall remain available until ex-
12 pended and be used for necessary expenses in this appro-
13 priation.
20 For construction, repair, improvement, extension, al-
21 teration, and purchase of fixed equipment or facilities of,
22 or for use by, the Environmental Protection Agency,
December 21, 2020 (12:59 p.m.)

805
1 HAZARDOUS SUBSTANCE SUPERFUND
3 For necessary expenses to carry out the Comprehen-

4 sive Environmental Response, Compensation, and Liabil-
5 ity Act of 1980 (CERCLA), including sections 111(c)(3),
6 (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and hire,
7 maintenance, and operation of aircraft, $1,205,811,000,
8 to remain available until expended, consisting of such
9 sums as are available in the Trust Fund on September
10 30, 2020, as authorized by section 517(a) of the Super-
11 fund Amendments and Reauthorization Act of 1986
12 (SARA) and up to $1,205,811,000 as a payment from
13 general revenues to the Hazardous Substance Superfund
14 for purposes as authorized by section 517(b) of SARA:
15 Provided, That funds appropriated under this heading
16 may be allocated to other Federal agencies in accordance
17 with section 111(a) of CERCLA: Provided further, That
18 of the funds appropriated under this heading,
19 $11,586,000 shall be paid to the ‘‘Office of Inspector Gen-
20 eral’’ appropriation to remain available until September
21 30, 2022, and $30,755,000 shall be paid to the ‘‘Science
22 and Technology’’ appropriation to remain available until
December 21, 2020 (12:59 p.m.)

806
1 LEAKING UNDERGROUND STORAGE TANK TRUST FUND
2 PROGRAM
3 For necessary expenses to carry out leaking under-
4 ground storage tank cleanup activities authorized by sub-
5 title I of the Solid Waste Disposal Act, $92,203,000, to
6 remain available until expended, of which $66,834,000
7 shall be for carrying out leaking underground storage tank
8 cleanup activities authorized by section 9003(h) of the
9 Solid Waste Disposal Act; $25,369,000 shall be for car-
10 rying out the other provisions of the Solid Waste Disposal
11 Act specified in section 9508(c) of the Internal Revenue
12 Code: Provided, That the Administrator is authorized to
13 use appropriations made available under this heading to
14 implement section 9013 of the Solid Waste Disposal Act
15 to provide financial assistance to federally recognized In-
16 dian tribes for the development and implementation of
17 programs to manage underground storage tanks.
18 INLAND OIL SPILL PROGRAMS
19 For expenses necessary to carry out the Environ-
20 mental Protection Agency’s responsibilities under the Oil
21 Pollution Act of 1990, including hire, maintenance, and
22 operation of aircraft, $20,098,000, to be derived from the
23 Oil Spill Liability trust fund, to remain available until ex-
24 pended.
December 21, 2020 (12:59 p.m.)

807
1 STATE AND TRIBAL ASSISTANCE GRANTS
2 For environmental programs and infrastructure as-
3 sistance, including capitalization grants for State revolv-
4 ing funds and performance partnership grants,
6 which—
7 (1) $1,638,826,000 shall be for making capital-
8 ization grants for the Clean Water State Revolving
9 Funds under title VI of the Federal Water Pollution
10 Control Act; and of which $1,126,088,000 shall be
11 for making capitalization grants for the Drinking
12 Water State Revolving Funds under section 1452 of
13 the Safe Drinking Water Act: Provided, That for fis-
14 cal year 2021, to the extent there are sufficient eligi-
15 ble project applications and projects are consistent
16 with State Intended Use Plans, not less than 10 per-
17 cent of the funds made available under this title to
18 each State for Clean Water State Revolving Fund
19 capitalization grants shall be used by the State for
20 projects to address green infrastructure, water or
21 energy efficiency improvements, or other environ-
22 mentally innovative activities: Provided further, That
23 for fiscal year 2021, funds made available under this
24 title to each State for Drinking Water State Revolv-
25 ing Fund capitalization grants may, at the discretion
December 21, 2020 (12:59 p.m.)

808
1 of each State, be used for projects to address green
2 infrastructure, water or energy efficiency improve-
3 ments, or other environmentally innovative activities:
4 Provided further, That notwithstanding section
5 603(d)(7) of the Federal Water Pollution Control
6 Act, the limitation on the amounts in a State water
7 pollution control revolving fund that may be used by
8 a State to administer the fund shall not apply to
9 amounts included as principal in loans made by such
10 fund in fiscal year 2021 and prior years where such
11 amounts represent costs of administering the fund
12 to the extent that such amounts are or were deemed
13 reasonable by the Administrator, accounted for sepa-
14 rately from other assets in the fund, and used for
15 eligible purposes of the fund, including administra-
16 tion: Provided further, That for fiscal year 2021,
17 notwithstanding the provisions of subsections (g)(1),
18 (h), and (l) of section 201 of the Federal Water Pol-
19 lution Control Act, grants made under title II of
20 such Act for American Samoa, Guam, the Common-
21 wealth of the Northern Marianas, the United States
22 Virgin Islands, and the District of Columbia may
23 also be made for the purpose of providing assistance:
24 (1) solely for facility plans, design activities, or
25 plans, specifications, and estimates for any proposed
December 21, 2020 (12:59 p.m.)

809
1 project for the construction of treatment works; and
2 (2) for the construction, repair, or replacement of
3 privately owned treatment works serving one or
4 more principal residences or small commercial estab-
5 lishments: Provided further, That for fiscal year
6 2021, notwithstanding the provisions of such sub-
7 sections (g)(1), (h), and (l) of section 201 and sec-
8 tion 518(c) of the Federal Water Pollution Control
9 Act, funds reserved by the Administrator for grants
10 under section 518(c) of the Federal Water Pollution
11 Control Act may also be used to provide assistance:
12 (1) solely for facility plans, design activities, or
13 plans, specifications, and estimates for any proposed
14 project for the construction of treatment works; and
15 (2) for the construction, repair, or replacement of
16 privately owned treatment works serving one or
17 more principal residences or small commercial estab-
18 lishments: Provided further, That for fiscal year
19 2021, notwithstanding any provision of the Federal
20 Water Pollution Control Act and regulations issued
21 pursuant thereof, up to a total of $2,000,000 of the
22 funds reserved by the Administrator for grants
23 under section 518(c) of such Act may also be used
24 for grants for training, technical assistance, and
25 educational programs relating to the operation and
December 21, 2020 (12:59 p.m.)

810
1 management of the treatment works specified in sec-
2 tion 518(c) of such Act: Provided further, That for
3 fiscal year 2021, funds reserved under section
4 518(c) of such Act shall be available for grants only
5 to Indian tribes, as defined in section 518(h) of such
6 Act and former Indian reservations in Oklahoma (as
7 determined by the Secretary of the Interior) and Na-
8 tive Villages as defined in Public Law 92–203: Pro-
9 vided further, That for fiscal year 2021, notwith-
10 standing the limitation on amounts in section 518(c)
11 of the Federal Water Pollution Control Act, up to a
12 total of 2 percent of the funds appropriated, or
13 $30,000,000, whichever is greater, and notwith-
14 standing the limitation on amounts in section
15 1452(i) of the Safe Drinking Water Act, up to a
16 total of 2 percent of the funds appropriated, or
17 $20,000,000, whichever is greater, for State Revolv-
18 ing Funds under such Acts may be reserved by the
19 Administrator for grants under section 518(c) and
20 section 1452(i) of such Acts: Provided further, That
21 for fiscal year 2021, notwithstanding the amounts
22 specified in section 205(c) of the Federal Water Pol-
23 lution Control Act, up to 1.5 percent of the aggre-
24 gate funds appropriated for the Clean Water State
25 Revolving Fund program under the Act less any
December 21, 2020 (12:59 p.m.)

811
1 sums reserved under section 518(c) of the Act, may
2 be reserved by the Administrator for grants made
3 under title II of the Federal Water Pollution Control
4 Act for American Samoa, Guam, the Commonwealth
5 of the Northern Marianas, and United States Virgin
6 Islands: Provided further, That for fiscal year 2021,
7 notwithstanding the limitations on amounts specified
8 in section 1452(j) of the Safe Drinking Water Act,
9 up to 1.5 percent of the funds appropriated for the
10 Drinking Water State Revolving Fund programs
11 under the Safe Drinking Water Act may be reserved
12 by the Administrator for grants made under section
13 1452(j) of the Safe Drinking Water Act: Provided
14 further, That 10 percent of the funds made available
15 under this title to each State for Clean Water State
16 Revolving Fund capitalization grants and 14 percent
17 of the funds made available under this title to each
18 State for Drinking Water State Revolving Fund cap-
19 italization grants shall be used by the State to pro-
20 vide additional subsidy to eligible recipients in the
21 form of forgiveness of principal, negative interest
22 loans, or grants (or any combination of these), and
23 shall be so used by the State only where such funds
24 are provided as initial financing for an eligible re-
25 cipient or to buy, refinance, or restructure the debt
December 21, 2020 (12:59 p.m.)

812
1 obligations of eligible recipients only where such debt
2 was incurred on or after the date of enactment of
3 this Act, or where such debt was incurred prior to
4 the date of enactment of this Act if the State, with
5 concurrence from the Administrator, determines that
6 such funds could be used to help address a threat
7 to public health from heightened exposure to lead in
8 drinking water or if a Federal or State emergency
9 declaration has been issued due to a threat to public
10 health from heightened exposure to lead in a munic-
11 ipal drinking water supply before the date of enact-
12 ment of this Act: Provided further, That in a State
13 in which such an emergency declaration has been
14 issued, the State may use more than 14 percent of
15 the funds made available under this title to the
16 State for Drinking Water State Revolving Fund cap-
17 italization grants to provide additional subsidy to eli-
18 gible recipients;
19 (2) $30,000,000 shall be for architectural, engi-
20 neering, planning, design, construction and related
21 activities in connection with the construction of high
22 priority water and wastewater facilities in the area
23 of the United States-Mexico Border, after consulta-
24 tion with the appropriate border commission: Pro-
25 vided, That no funds provided by this appropriations
December 21, 2020 (12:59 p.m.)

813
1 Act to address the water, wastewater and other crit-
2 ical infrastructure needs of the colonias in the
3 United States along the United States-Mexico bor-
4 der shall be made available to a county or municipal
5 government unless that government has established
6 an enforceable local ordinance, or other zoning rule,
7 which prevents in that jurisdiction the development
8 or construction of any additional colonia areas, or
9 the development within an existing colonia the con-
10 struction of any new home, business, or other struc-
11 ture which lacks water, wastewater, or other nec-
12 essary infrastructure;
13 (3) $36,186,000 shall be for grants to the State
14 of Alaska to address drinking water and wastewater
15 infrastructure needs of rural and Alaska Native Vil-
16 lages: Provided, That of these funds: (A) the State
17 of Alaska shall provide a match of 25 percent; (B)
18 no more than 5 percent of the funds may be used
19 for administrative and overhead expenses; and (C)
20 the State of Alaska shall make awards consistent
21 with the Statewide priority list established in con-
22 junction with the Agency and the U.S. Department
23 of Agriculture for all water, sewer, waste disposal,
24 and similar projects carried out by the State of Alas-
25 ka that are funded under section 221 of the Federal
December 21, 2020 (12:59 p.m.)

814
1 Water Pollution Control Act (33 U.S.C. 1301) or
2 the Consolidated Farm and Rural Development Act
3 (7 U.S.C. 1921 et seq.) which shall allocate not less
4 than 25 percent of the funds provided for projects
5 in regional hub communities;
6 (4) $90,982,000 shall be to carry out section
7 104(k) of the Comprehensive Environmental Re-
8 sponse, Compensation, and Liability Act of 1980
9 (CERCLA), including grants, interagency agree-
10 ments, and associated program support costs: Pro-
11 vided, That at least 10 percent shall be allocated for
12 assistance in persistent poverty counties: Provided
13 further, That for purposes of this section, the term
14 ‘‘persistent poverty counties’’ means any county that
15 has had 20 percent or more of its population living
16 in poverty over the past 30 years, as measured by
17 the 1990 and 2000 decennial censuses and the most
18 recent Small Area Income and Poverty Estimates, or
19 any territory or possession of the United States;
20 (5) $90,000,000 shall be for grants under title
21 VII, subtitle G of the Energy Policy Act of 2005;
22 (6) $59,000,000 shall be for targeted airshed
23 grants in accordance with the terms and conditions
24 in the explanatory statement described in section 4
December 21, 2020 (12:59 p.m.)

815
1 (in the matter preceding division A of this consoli-
2 dated Act);
3 (7) $4,000,000 shall be to carry out the water
4 quality program authorized in section 5004(d) of the
5 Water Infrastructure Improvements for the Nation
6 Act (Public Law 114–322);
7 (8) $26,408,000 shall be for grants under sub-
8 sections (a) through (j) of section 1459A of the Safe
9 Drinking Water Act (42 U.S.C. 300j–19a);
10 (9) $26,500,000 shall be for grants under sec-
11 tion 1464(d) of the Safe Drinking Water Act (42
12 U.S.C. 300j–24(d));
14 tion 1459B of the Safe Drinking Water Act (42
15 U.S.C. 300j–19b);
17 tion 1459A(l) of the Safe Drinking Water Act (42
18 U.S.C. 300j–19a(l));
20 tion 104(b)(8) of the Federal Water Pollution Con-
21 trol Act (33 U.S.C. 1254(b)(8));
23 tion 221 of the Federal Water Pollution Control Act
24 (33 U.S.C. 1301);
December 21, 2020 (12:59 p.m.)

816
2 tion 4304(b) of the America’s Water Infrastructure
3 Act of 2018 (Public Law 115–270); and
4 (15) $1,099,400,000 shall be for grants, includ-
5 ing associated program support costs, to States, fed-
6 erally recognized tribes, interstate agencies, tribal
7 consortia, and air pollution control agencies for
8 multi-media or single media pollution prevention,
9 control and abatement, and related activities, includ-
10 ing activities pursuant to the provisions set forth
11 under this heading in Public Law 104–134, and for
12 making grants under section 103 of the Clean Air
13 Act for particulate matter monitoring and data col-
14 lection activities subject to terms and conditions
15 specified by the Administrator, and under section
16 2301 of the Water and Waste Act of 2016 to assist
17 States in developing and implementing programs for
18 control of coal combustion residuals, of which:
19 $46,195,000 shall be for carrying out section 128 of
20 CERCLA; $9,336,000 shall be for Environmental
21 Information Exchange Network grants, including as-
22 sociated program support costs; $1,475,000 shall be
23 for grants to States under section 2007(f)(2) of the
24 Solid Waste Disposal Act, which shall be in addition
25 to funds appropriated under the heading ‘‘Leaking
December 21, 2020 (12:59 p.m.)

817
1 Underground Storage Tank Trust Fund Program’’
2 to carry out the provisions of the Solid Waste Dis-
3 posal Act specified in section 9508(c) of the Internal
4 Revenue Code other than section 9003(h) of the
5 Solid Waste Disposal Act; $17,924,000 of the funds
6 available for grants under section 106 of the Federal
7 Water Pollution Control Act shall be for State par-
8 ticipation in national- and State-level statistical sur-
9 veys of water resources and enhancements to State
10 monitoring programs; $10,000,000 shall be for mul-
11 tipurpose grants, including interagency agreements,
12 in accordance with the terms and conditions de-
13 scribed in the explanatory statement described in
14 section 4 (in the matter preceding division A of this
15 consolidated Act).
16 WATER INFRASTRUCTURE FINANCE AND INNOVATION
17 PROGRAM ACCOUNT
18 For the cost of direct loans and for the cost of guar-
19 anteed loans, as authorized by the Water Infrastructure
20 Finance and Innovation Act of 2014, $59,500,000, to re-
21 main available until expended: Provided, That such costs,
22 including the cost of modifying such loans, shall be as de-
23 fined in section 502 of the Congressional Budget Act of
24 1974: Provided further, That these funds are available to
25 subsidize gross obligations for the principal amount of di-
December 21, 2020 (12:59 p.m.)

818
1 rect loans, including capitalized interest, and total loan
2 principal, including capitalized interest, any part of which
3 is to be guaranteed, not to exceed $12,500,000,000: Pro-
5 heading, $5,000,000 shall be used solely for the cost of
6 direct loans and for the cost of guaranteed loans for
7 projects described in section 5026(9) of the Water Infra-
8 structure Finance and Innovation Act of 2014 to State
9 infrastructure financing authorities, as authorized by sec-
10 tion 5033(e) of such Act: Provided further, That the use
11 of direct loans or loan guarantee authority under this
12 heading for direct loans or commitments to guarantee
13 loans for any project shall be in accordance with the cri-
14 teria published in the Federal Register on June 30, 2020
15 (85 FR 39189) pursuant to the fourth proviso under the
16 heading ‘‘Water Infrastructure Finance and Innovation
17 Program Account’’ in division D of the Further Consoli-
18 dated Appropriations Act, 2020 (Public Law 116–94):
19 Provided further, That none of the direct loans or loan
20 guarantee authority made available under this heading
21 shall be available for any project unless the Administrator
22 and the Director of the Office of Management and Budget
23 have certified in advance in writing that the direct loan
24 or loan guarantee, as applicable, and the project comply
25 with the criteria referenced in the previous proviso: Pro-
December 21, 2020 (12:59 p.m.)

819
1 vided further, That, for the purposes of carrying out the
2 Congressional Budget Act of 1974, the Director of the
3 Congressional Budget Office may request, and the Admin-
4 istrator shall promptly provide, documentation and infor-
5 mation relating to a project identified in a Letter of Inter-
6 est submitted to the Administrator pursuant to a Notice
7 of Funding Availability for applications for credit assist-
8 ance under the Water Infrastructure Finance and Innova-
9 tion Act Program, including with respect to a project that
10 was initiated or completed before the date of enactment
11 of this Act.
12 In addition, fees authorized to be collected pursuant
13 to sections 5029 and 5030 of the Water Infrastructure
14 Finance and Innovation Act of 2014 shall be deposited
15 in this account, to remain available until expended.
17 the direct and guaranteed loan programs, notwithstanding
18 section 5033 of the Water Infrastructure Finance and In-
19 novation Act of 2014, $5,500,000, to remain available
21 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL
22 PROTECTION AGENCY
23 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
24 For fiscal year 2021, notwithstanding 31 U.S.C.

25 6303(1) and 6305(1), the Administrator of the Environ-
December 21, 2020 (12:59 p.m.)

820
1 mental Protection Agency, in carrying out the Agency’s
2 function to implement directly Federal environmental pro-
3 grams required or authorized by law in the absence of an
4 acceptable tribal program, may award cooperative agree-
5 ments to federally recognized Indian tribes or Intertribal
6 consortia, if authorized by their member tribes, to assist
7 the Administrator in implementing Federal environmental
8 programs for Indian tribes required or authorized by law,
9 except that no such cooperative agreements may be award-
10 ed from funds designated for State financial assistance
11 agreements.
12 The Administrator of the Environmental Protection
13 Agency is authorized to collect and obligate pesticide reg-
14 istration service fees in accordance with section 33 of the
15 Federal Insecticide, Fungicide, and Rodenticide Act (7
16 U.S.C. 136w–8).
17 Notwithstanding section 33(d)(2) of the Federal In-
18 secticide, Fungicide, and Rodenticide Act (FIFRA) (7
19 U.S.C. 136w–8(d)(2)), the Administrator of the Environ-
20 mental Protection Agency may assess fees under section
21 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2021.
22 The Administrator is authorized to transfer up to
23 $330,000,000 of the funds appropriated for the Great
24 Lakes Restoration Initiative under the heading ‘‘Environ-
25 mental Programs and Management’’ to the head of any
December 21, 2020 (12:59 p.m.)

821
1 Federal department or agency, with the concurrence of
2 such head, to carry out activities that would support the
3 Great Lakes Restoration Initiative and Great Lakes
4 Water Quality Agreement programs, projects, or activities;
5 to enter into an interagency agreement with the head of
6 such Federal department or agency to carry out these ac-
7 tivities; and to make grants to governmental entities, non-
8 profit organizations, institutions, and individuals for plan-
9 ning, research, monitoring, outreach, and implementation
10 in furtherance of the Great Lakes Restoration Initiative
11 and the Great Lakes Water Quality Agreement.
12 The Science and Technology, Environmental Pro-
13 grams and Management, Office of Inspector General, Haz-
14 ardous Substance Superfund, and Leaking Underground
15 Storage Tank Trust Fund Program Accounts, are avail-
16 able for the construction, alteration, repair, rehabilitation,
17 and renovation of facilities, provided that the cost does
18 not exceed $150,000 per project.
19 For fiscal year 2021, and notwithstanding section
20 518(f) of the Federal Water Pollution Control Act (33
21 U.S.C. 1377(f)), the Administrator is authorized to use
22 the amounts appropriated for any fiscal year under section
23 319 of the Act to make grants to Indian tribes pursuant
24 to sections 319(h) and 518(e) of that Act.
December 21, 2020 (12:59 p.m.)

822
1 The Administrator is authorized to use the amounts
2 appropriated under the heading ‘‘Environmental Pro-
3 grams and Management’’ for fiscal year 2021 to provide
4 grants to implement the Southeastern New England Wa-
5 tershed Restoration Program.
6 Notwithstanding the limitations on amounts in sec-
7 tion 320(i)(2)(B) of the Federal Water Pollution Control
8 Act, not less than $1,500,000 of the funds made available
9 under this title for the National Estuary Program shall
10 be for making competitive awards described in section
11 320(g)(4).
12 For fiscal year 2021, the Office of Chemical Safety
13 and Pollution Prevention and the Office of Water may,
14 using funds appropriated under the headings ‘‘Environ-
15 mental Programs and Management’’ and ‘‘Science and
16 Technology’’, contract directly with individuals or indi-
17 rectly with institutions or nonprofit organizations, without
18 regard to 41 U.S.C. 5, for the temporary or intermittent
19 personal services of students or recent graduates, who
20 shall be considered employees for the purposes of chapters
21 57 and 81 of title 5, United States Code, relating to com-
22 pensation for travel and work injuries, and chapter 171
23 of title 28, United States Code, relating to tort claims,
24 but shall not be considered to be Federal employees for
25 any other purpose: Provided, That amounts used for this
December 21, 2020 (12:59 p.m.)

823
1 purpose by the Office of Chemical Safety and Pollution
2 Prevention and the Office of Water collectively may not
3 exceed $2,000,000.
4 Of the unobligated balances available for the ‘‘State
5 and Tribal Assistance Grants’’ account, $27,991,000 are
6 hereby permanently rescinded: Provided, That no amounts
7 may be rescinded from amounts that were designated by
9 the Concurrent Resolution on the Budget or the Balanced
December 21, 2020 (12:59 p.m.)

824
1 TITLE III
2 RELATED AGENCIES
3 DEPARTMENT OF AGRICULTURE
4 OFFICE OF THE UNDER SECRETARY FOR NATURAL
5 RESOURCES AND ENVIRONMENT

7 Secretary for Natural Resources and Environment,
9 Act to any agency in the Natural Resources and Environ-
10 ment mission area for salaries and expenses are available
11 to fund up to one administrative support staff for the of-
12 fice.
13 FOREST SERVICE
14 FOREST SERVICE OPERATIONS

16 For necessary expenses of the Forest Service, not
17 otherwise provided for, $1,026,163,000, to remain avail-
18 able through September 30, 2024: Provided, That a por-
19 tion of the funds made available under this heading shall
20 be for the base salary and expenses of employees in the
21 Chief’s Office, the Work Environment and Performance
22 Office, the Business Operations Deputy Area, and the
23 Chief Financial Officer’s Office to carry out administra-
24 tive and general management support functions: Provided
25 further, That funds provided under this heading shall be
December 21, 2020 (12:59 p.m.)

825
1 available for the costs of facility maintenance, repairs, and
2 leases for buildings and sites where these support func-
3 tions take place; the costs of all utility and telecommuni-
4 cation expenses of the Forest Service, as well as business
5 services; and, for information technology, including cyber
6 security requirements: Provided further, That funds pro-
7 vided under this heading may be used for necessary ad-
8 ministrative support function expenses of the Forest Serv-
9 ice not otherwise provided for and necessary for its oper-
10 ation.
11 FOREST AND RANGELAND RESEARCH
12 For necessary expenses of forest and rangeland re-

13 search as authorized by law, $258,760,000, to remain
14 available through September 30, 2024: Provided, That of
15 the funds provided, $17,621,000 is for the forest inventory
16 and analysis program: Provided further, That all authori-
17 ties for the use of funds, including the use of contracts,
18 grants, and cooperative agreements, available to execute
19 the Forest and Rangeland Research appropriation, are
20 also available in the utilization of these funds for Fire
21 Science Research.
22 STATE AND PRIVATE FORESTRY
24 For necessary expenses of cooperating with and pro-

25 viding technical and financial assistance to States, terri-
December 21, 2020 (12:59 p.m.)

826
1 tories, possessions, and others, and for forest health man-
2 agement, and conducting an international program and
3 trade compliance activities as authorized, $267,180,000,
4 to remain available through September 30, 2024, as au-
5 thorized by law.
7 available for the Forest Legacy Program and derived from
8 the Land and Water Conservation Fund, $5,809,000 is
9 hereby permanently rescinded from projects with cost sav-
10 ings or failed or partially failed projects: Provided, That
11 no amounts may be rescinded from amounts that were
12 designated by the Congress as an emergency requirement
15 of 1985.
16 NATIONAL FOREST SYSTEM

18 otherwise provided for, for management, protection, im-
19 provement, and utilization of the National Forest System,
20 and for hazardous fuels management on or adjacent to
21 such lands, $1,786,870,000, to remain available through
22 September 30, 2024: Provided, That of the funds pro-
23 vided, $13,787,000 shall be deposited in the Collaborative
24 Forest Landscape Restoration Fund for ecological restora-
25 tion treatments as authorized by 16 U.S.C. 7303(f): Pro-
December 21, 2020 (12:59 p.m.)

827
1 vided further, That of the funds provided, $37,017,000
2 shall be for forest products: Provided further, That of the
3 funds provided, $180,388,000 shall be for hazardous fuels
4 management activities, of which not to exceed
5 $12,454,000 may be used to make grants, using any au-
6 thorities available to the Forest Service under the ‘‘State
7 and Private Forestry’’ appropriation, for the purpose of
8 creating incentives for increased use of biomass from Na-
9 tional Forest System lands: Provided further, That
10 $20,000,000 may be used by the Secretary of Agriculture
11 to enter into procurement contracts or cooperative agree-
12 ments or to issue grants for hazardous fuels management
13 activities, and for training or monitoring associated with
14 such hazardous fuels management activities on Federal
15 land, or on non-Federal land if the Secretary determines
16 such activities benefit resources on Federal land: Provided
17 further, That funds made available to implement the Com-
18 munity Forestry Restoration Act, Public Law 106–393,
19 title VI, shall be available for use on non-Federal lands
20 in accordance with authorities made available to the For-
21 est Service under the ‘‘State and Private Forestry’’ appro-
22 priations: Provided further, That notwithstanding section
23 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C.
24 1012), the Secretary of Agriculture, in calculating a fee
25 for grazing on a National Grassland, may provide a credit
December 21, 2020 (12:59 p.m.)

828
1 of up to 50 percent of the calculated fee to a Grazing As-
2 sociation or direct permittee for a conservation practice
3 approved by the Secretary in advance of the fiscal year
4 in which the cost of the conservation practice is incurred,
5 and that the amount credited shall remain available to the
6 Grazing Association or the direct permittee, as appro-
7 priate, in the fiscal year in which the credit is made and
8 each fiscal year thereafter for use on the project for con-
9 servation practices approved by the Secretary: Provided
10 further, That funds appropriated to this account shall be
11 available for the base salary and expenses of employees
12 that carry out the functions funded by the ‘‘Capital Im-
13 provement and Maintenance’’ account, the ‘‘Range Better-
14 ment Fund’’ account, and the ‘‘Management of National
15 Forests for Subsistence Uses’’ account.
16 CAPITAL IMPROVEMENT AND MAINTENANCE

19 otherwise provided for, $140,371,000, to remain available
20 through September 30, 2024, for construction, capital im-
21 provement, maintenance, and acquisition of buildings and
22 other facilities and infrastructure; and for construction,
23 reconstruction, decommissioning of roads that are no
24 longer needed, including unauthorized roads that are not
25 part of the transportation system, and maintenance of for-
December 21, 2020 (12:59 p.m.)

829
1 est roads and trails by the Forest Service as authorized
2 by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Pro-
3 vided, That funds becoming available in fiscal year 2021
4 under the Act of March 4, 1913 (16 U.S.C. 501) shall
5 be transferred to the General Fund of the Treasury and
6 shall not be available for transfer or obligation for any
7 other purpose unless the funds are appropriated.
8 LAND ACQUISITION

11 available for Land Acquisition and derived from the Land
12 and Water Conservation Fund, $5,619,000 is hereby per-
13 manently rescinded from projects with cost savings or
14 failed or partially failed projects: Provided, That no
19 of 1985.
20 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL
21 ACTS
22 For acquisition of lands within the exterior bound-

23 aries of the Cache, Uinta, and Wasatch National Forests,
24 Utah; the Toiyabe National Forest, Nevada; and the An-
25 geles, San Bernardino, Sequoia, and Cleveland National
December 21, 2020 (12:59 p.m.)

830
1 Forests, California; and the Ozark-St. Francis and
2 Ouachita National Forests, Arkansas; as authorized by
3 law, $664,000, to be derived from forest receipts.
4 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
5 For acquisition of lands, such sums, to be derived

6 from funds deposited by State, county, or municipal gov-
7 ernments, public school districts, or other public school au-
8 thorities, and for authorized expenditures from funds de-
9 posited by non-Federal parties pursuant to Land Sale and
10 Exchange Acts, pursuant to the Act of December 4, 1967
11 (16 U.S.C. 484a), to remain available through September
12 30, 2024, (16 U.S.C. 516–617a, 555a; Public Law 96–
13 586; Public Law 76–589, 76–591; and Public Law 78–
14 310).
15 RANGE BETTERMENT FUND
16 For necessary expenses of range rehabilitation, pro-

17 tection, and improvement, 50 percent of all moneys re-
18 ceived during the prior fiscal year, as fees for grazing do-
19 mestic livestock on lands in National Forests in the 16
20 Western States, pursuant to section 401(b)(1) of Public
21 Law 94–579, to remain available through September 30,
22 2024, of which not to exceed 6 percent shall be available
23 for administrative expenses associated with on-the-ground
24 range rehabilitation, protection, and improvements.
December 21, 2020 (12:59 p.m.)

831
1 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND
2 RANGELAND RESEARCH
3 For expenses authorized by 16 U.S.C. 1643(b),

4 $45,000, to remain available through September 30, 2024,
5 to be derived from the fund established pursuant to the
6 above Act.
7 MANAGEMENT OF NATIONAL FOREST LANDS FOR
8 SUBSISTENCE USES
9 For necessary expenses of the Forest Service to man-

10 age Federal lands in Alaska for subsistence uses under
11 title VIII of the Alaska National Interest Lands Conserva-
12 tion Act (16 U.S.C. 3111 et seq.), $1,099,000, to remain
13 available through September 30, 2024.
14 WILDLAND FIRE MANAGEMENT
16 For necessary expenses for forest fire presuppression

17 activities on National Forest System lands, for emergency
18 wildland fire suppression on or adjacent to such lands or
19 other lands under fire protection agreement, and for emer-
20 gency rehabilitation of burned-over National Forest Sys-
21 tem lands and water, $1,927,241,000, to remain available
22 until expended: Provided, That such funds including unob-
23 ligated balances under this heading, are available for re-
24 payment of advances from other appropriations accounts
25 previously transferred for such purposes: Provided further,
December 21, 2020 (12:59 p.m.)

832
1 That any unobligated funds appropriated in a previous fis-
2 cal year for hazardous fuels management may be trans-
3 ferred to the ‘‘National Forest System’’ account: Provided
4 further, That such funds shall be available to reimburse
5 State and other cooperating entities for services provided
6 in response to wildfire and other emergencies or disasters
7 to the extent such reimbursements by the Forest Service
8 for non-fire emergencies are fully repaid by the responsible
9 emergency management agency: Provided further, That
10 funds provided shall be available for support to Federal
11 emergency response: Provided further, That the costs of
12 implementing any cooperative agreement between the Fed-
13 eral Government and any non-Federal entity may be
14 shared, as mutually agreed on by the affected parties: Pro-
16 ing, $1,011,000,000 shall be available for wildfire suppres-
17 sion operations, and is provided to the meet the terms of
18 section 251(b)(2)(F)(ii)(I) of the Balanced Budget and
19 Emergency Deficit Control Act of 1985, as amended.
20 WILDFIRE SUPPRESSION OPERATIONS RESERVE FUND
22 In addition to the amounts provided under the head-

23 ing ‘‘Department of Agriculture—Forest Service—
24 Wildland Fire Management’’ for wildfire suppression oper-
25 ations, $2,040,000,000, to remain available until trans-
December 21, 2020 (12:59 p.m.)

833
1 ferred, is additional new budget authority as specified for
2 purposes of section 251(b)(2)(F) of the Balanced Budget
3 and Emergency Deficit Control Act of 1985: Provided,
4 That such amounts may be transferred to and merged
5 with amounts made available under the headings ‘‘Depart-
6 ment of the Interior—Department-Wide Programs—
7 Wildland Fire Management’’ and ‘‘Department of Agri-
8 culture—Forest Service—Wildland Fire Management’’ for
9 wildfire suppression operations in the fiscal year in which
10 such amounts are transferred: Provided further, That
11 amounts may be transferred to the ‘‘Wildland Fire Man-
12 agement’’ accounts in the Department of the Interior or
13 the Department of Agriculture only upon the notification
14 of the House and Senate Committees on Appropriations
15 that all wildfire suppression operations funds appropriated
16 under that heading in this and prior appropriations Acts
17 to the agency to which the funds will be transferred will
18 be obligated within 30 days: Provided further, That the
19 transfer authority provided under this heading is in addi-
20 tion to any other transfer authority provided by law: Pro-
21 vided further, That, in determining whether all wildfire
22 suppression operations funds appropriated under the
23 heading ‘‘Wildland Fire Management’’ in this and prior
24 appropriations Acts to either the Department of Agri-
25 culture or the Department of the Interior will be obligated
December 21, 2020 (12:59 p.m.)

834
1 within 30 days pursuant to the previous proviso, any funds
2 transferred or permitted to be transferred pursuant to any
3 other transfer authority provided by law shall be excluded.
4 COMMUNICATIONS SITE ADMINISTRATION
6 Amounts collected in this fiscal year pursuant to sec-

7 tion 8705(f)(2) of the Agriculture Improvement Act of
8 2018 (Public Law 115–334), shall be deposited in the spe-
9 cial account established by section 8705(f)(1) of such Act,
10 shall be available to cover the costs described in subsection
11 (c)(3) of such section of such Act, and shall remain avail-
12 able until expended: Provided, That such amounts shall
13 be transferred to the ‘‘National Forest System’’ account.
14 ADMINISTRATIVE PROVISIONS—FOREST SERVICE
16 Appropriations to the Forest Service for the current

17 fiscal year shall be available for: (1) purchase of passenger
18 motor vehicles; acquisition of passenger motor vehicles
19 from excess sources, and hire of such vehicles; purchase,
20 lease, operation, maintenance, and acquisition of aircraft
21 to maintain the operable fleet for use in Forest Service
22 wildland fire programs and other Forest Service programs;
23 notwithstanding other provisions of law, existing aircraft
24 being replaced may be sold, with proceeds derived or
25 trade-in value used to offset the purchase price for the
December 21, 2020 (12:59 p.m.)

835
1 replacement aircraft; (2) services pursuant to 7 U.S.C.
2 2225, and not to exceed $100,000 for employment under
3 5 U.S.C. 3109; (3) purchase, erection, and alteration of
4 buildings and other public improvements (7 U.S.C. 2250);
5 (4) acquisition of land, waters, and interests therein pur-
6 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the
7 Volunteers in the National Forest Act of 1972 (16 U.S.C.
8 558a, 558d, and 558a note); (6) the cost of uniforms as
9 authorized by 5 U.S.C. 5901–5902; and (7) for debt col-
10 lection contracts in accordance with 31 U.S.C. 3718(c).
11 Funds made available to the Forest Service in this
12 Act may be transferred between accounts affected by the
13 Forest Service budget restructure outlined in section 435
14 of division D of the Further Consolidated Appropriations
15 Act, 2020 (Public Law 116–94): Provided, That any
16 transfer of funds pursuant to this paragraph shall not in-
17 crease or decrease the funds appropriated to any account
18 in this fiscal year by more than ten percent: Provided fur-
19 ther, That such transfer authority is in addition to any
20 other transfer authority provided by law.
21 Any appropriations or funds available to the Forest
22 Service may be transferred to the Wildland Fire Manage-
23 ment appropriation for forest firefighting, emergency re-
24 habilitation of burned-over or damaged lands or waters
25 under its jurisdiction, and fire preparedness due to severe
December 21, 2020 (12:59 p.m.)

836
1 burning conditions upon the Secretary of Agriculture’s no-
2 tification of the House and Senate Committees on Appro-
3 priations that all fire suppression funds appropriated
4 under the heading ‘‘Wildland Fire Management’’ will be
5 obligated within 30 days: Provided, That all funds used
6 pursuant to this paragraph must be replenished by a sup-
7 plemental appropriation which must be requested as
8 promptly as possible.
9 Not more than $50,000,000 of funds appropriated to
10 the Forest Service shall be available for expenditure or
11 transfer to the Department of the Interior for wildland
12 fire management, hazardous fuels management, and State
13 fire assistance when such transfers would facilitate and
14 expedite wildland fire management programs and projects.
15 Notwithstanding any other provision of this Act, the
16 Forest Service may transfer unobligated balances of dis-
17 cretionary funds appropriated to the Forest Service by
18 this Act to or within the National Forest System Account,
19 or reprogram funds to be used for the purposes of haz-
20 ardous fuels management and urgent rehabilitation of
21 burned-over National Forest System lands and water,
22 such transferred funds shall remain available through Sep-
23 tember 30, 2024: Provided, That none of the funds trans-
24 ferred pursuant to this section shall be available for obli-
25 gation without written notification to and the prior ap-
December 21, 2020 (12:59 p.m.)

837
1 proval of the Committees on Appropriations of both
3 Funds appropriated to the Forest Service shall be
4 available for assistance to or through the Agency for Inter-
5 national Development in connection with forest and range-
6 land research, technical information, and assistance in for-
7 eign countries, and shall be available to support forestry
8 and related natural resource activities outside the United
9 States and its territories and possessions, including tech-
10 nical assistance, education and training, and cooperation
11 with U.S., private, and international organizations. The
12 Forest Service, acting for the International Program, may
13 sign direct funding agreements with foreign governments
14 and institutions as well as other domestic agencies (includ-
15 ing the U.S. Agency for International Development, the
16 Department of State, and the Millennium Challenge Cor-
17 poration), U.S. private sector firms, institutions and orga-
18 nizations to provide technical assistance and training pro-
19 grams overseas on forestry and rangeland management.
21 available for expenditure or transfer to the Department
22 of the Interior, Bureau of Land Management, for removal,
23 preparation, and adoption of excess wild horses and burros
24 from National Forest System lands, and for the perform-
December 21, 2020 (12:59 p.m.)

838
1 ance of cadastral surveys to designate the boundaries of
2 such lands.
3 None of the funds made available to the Forest Serv-
4 ice in this Act or any other Act with respect to any fiscal
5 year shall be subject to transfer under the provisions of
6 section 702(b) of the Department of Agriculture Organic
7 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law
8 106–224 (7 U.S.C. 7772), or section 10417(b) of Public
9 Law 107–171 (7 U.S.C. 8316(b)).
10 Not more than $82,000,000 of funds available to the
11 Forest Service shall be transferred to the Working Capital
12 Fund of the Department of Agriculture and not more than
13 $14,500,000 of funds available to the Forest Service shall
14 be transferred to the Department of Agriculture for De-
15 partment Reimbursable Programs, commonly referred to
16 as Greenbook charges. Nothing in this paragraph shall
17 prohibit or limit the use of reimbursable agreements re-
18 quested by the Forest Service in order to obtain informa-
19 tion technology services, including telecommunications and
20 system modifications or enhancements, from the Working
21 Capital Fund of the Department of Agriculture.
22 Of the funds available to the Forest Service, up to
23 $5,000,000 shall be available for priority projects within
24 the scope of the approved budget, which shall be carried
25 out by the Youth Conservation Corps and shall be carried
December 21, 2020 (12:59 p.m.)

839
1 out under the authority of the Public Lands Corps Act
2 of 1993 (16 U.S.C. 1721 et seq.).
3 Of the funds available to the Forest Service, $4,000
4 is available to the Chief of the Forest Service for official
6 Pursuant to sections 405(b) and 410(b) of Public
7 Law 101–593, of the funds available to the Forest Service,
8 up to $3,000,000 may be advanced in a lump sum to the
9 National Forest Foundation to aid conservation partner-
10 ship projects in support of the Forest Service mission,
11 without regard to when the Foundation incurs expenses,
12 for projects on or benefitting National Forest System
13 lands or related to Forest Service programs: Provided,
14 That of the Federal funds made available to the Founda-
15 tion, no more than $300,000 shall be available for admin-
16 istrative expenses: Provided further, That the Foundation
17 shall obtain, by the end of the period of Federal financial
18 assistance, private contributions to match funds made
19 available by the Forest Service on at least a one-for-one
20 basis: Provided further, That the Foundation may transfer
21 Federal funds to a Federal or a non-Federal recipient for
22 a project at the same rate that the recipient has obtained
23 the non-Federal matching funds.
24 Pursuant to section 2(b)(2) of Public Law 98–244,
25 up to $3,000,000 of the funds available to the Forest
December 21, 2020 (12:59 p.m.)

840
1 Service may be advanced to the National Fish and Wildlife
2 Foundation in a lump sum to aid cost-share conservation
3 projects, without regard to when expenses are incurred,
4 on or benefitting National Forest System lands or related
5 to Forest Service programs: Provided, That such funds
6 shall be matched on at least a one-for-one basis by the
7 Foundation or its sub-recipients: Provided further, That
8 the Foundation may transfer Federal funds to a Federal
9 or non-Federal recipient for a project at the same rate
10 that the recipient has obtained the non-Federal matching
11 funds.
13 available for interactions with and providing technical as-
14 sistance to rural communities and natural resource-based
15 businesses for sustainable rural development purposes.
17 available for payments to counties within the Columbia
18 River Gorge National Scenic Area, pursuant to section
19 14(c)(1) and (2), and section 16(a)(2) of Public Law 99–
20 663.
21 Any funds appropriated to the Forest Service may
22 be used to meet the non-Federal share requirement in sec-
23 tion 502(c) of the Older Americans Act of 1965 (42
24 U.S.C. 3056(c)(2)).
December 21, 2020 (12:59 p.m.)

841
1 The Forest Service shall not assess funds for the pur-
2 pose of performing fire, administrative, and other facilities
3 maintenance and decommissioning.
4 Notwithstanding any other provision of law, of any
5 appropriations or funds available to the Forest Service,
6 not to exceed $500,000 may be used to reimburse the Of-
7 fice of the General Counsel (OGC), Department of Agri-
8 culture, for travel and related expenses incurred as a re-
9 sult of OGC assistance or participation requested by the
10 Forest Service at meetings, training sessions, management
11 reviews, land purchase negotiations, and similar matters
12 unrelated to civil litigation. Future budget justifications
13 for both the Forest Service and the Department of Agri-
14 culture should clearly display the sums previously trans-
15 ferred and the sums requested for transfer.
16 An eligible individual who is employed in any project
17 funded under title V of the Older Americans Act of 1965
18 (42 U.S.C. 3056 et seq.) and administered by the Forest
19 Service shall be considered to be a Federal employee for
20 purposes of chapter 171 of title 28, United States Code.
December 21, 2020 (12:59 p.m.)

842
1 DEPARTMENT OF HEALTH AND HUMAN
2 SERVICES
3 INDIAN HEALTH SERVICE
4 INDIAN HEALTH SERVICES
5 For expenses necessary to carry out the Act of Au-

6 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina-
7 tion and Education Assistance Act, the Indian Health
8 Care Improvement Act, and titles II and III of the Public
9 Health Service Act with respect to the Indian Health Serv-
10 ice, $4,301,391,000 to remain available until September
11 30, 2022, except as otherwise provided herein, together
12 with payments received during the fiscal year pursuant to
13 sections 231(b) and 233 of the Public Health Service Act
14 (42 U.S.C. 238(b) and 238b), for services furnished by
15 the Indian Health Service: Provided, That funds made
16 available to tribes and tribal organizations through con-
17 tracts, grant agreements, or any other agreements or com-
18 pacts authorized by the Indian Self-Determination and
19 Education Assistance Act of 1975 (25 U.S.C. 450), shall
20 be deemed to be obligated at the time of the grant or con-
21 tract award and thereafter shall remain available to the
22 tribe or tribal organization without fiscal year limitation:
23 Provided further, That $2,500,000 shall be available for
24 grants or contracts with public or private institutions to
25 provide alcohol or drug treatment services to Indians, in-
December 21, 2020 (12:59 p.m.)

843
1 cluding alcohol detoxification services: Provided further,
2 That $975,856,000 for Purchased/Referred Care, includ-
3 ing $53,000,000 for the Indian Catastrophic Health
4 Emergency Fund, shall remain available until expended:
5 Provided further, That of the funds provided, up to
6 $41,000,000 shall remain available until expended for im-
7 plementation of the loan repayment program under section
8 108 of the Indian Health Care Improvement Act: Provided
9 further, That of the funds provided, $58,000,000 shall be
10 for costs related to or resulting from accreditation emer-
11 gencies, including supplementing activities funded under
12 the heading ‘‘Indian Health Facilities,’’ of which up to
13 $4,000,000 may be used to supplement amounts otherwise
14 available for Purchased/Referred Care: Provided further,
15 That the amounts collected by the Federal Government
16 as authorized by sections 104 and 108 of the Indian
17 Health Care Improvement Act (25 U.S.C. 1613a and
18 1616a) during the preceding fiscal year for breach of con-
19 tracts shall be deposited in the Fund authorized by section
20 108A of that Act (25 U.S.C. 1616a–1) and shall remain
21 available until expended and, notwithstanding section
22 108A(c) of that Act (25 U.S.C. 1616a–1(c)), funds shall
23 be available to make new awards under the loan repay-
24 ment and scholarship programs under sections 104 and
25 108 of that Act (25 U.S.C. 1613a and 1616a): Provided
December 21, 2020 (12:59 p.m.)

844
1 further, That the amounts made available within this ac-
2 count for the Substance Abuse and Suicide Prevention
3 Program, for Opioid Prevention, Treatment and Recovery
4 Services, for the Domestic Violence Prevention Program,
5 for the Zero Suicide Initiative, for the housing subsidy au-
6 thority for civilian employees, for Aftercare Pilot Pro-
7 grams at Youth Regional Treatment Centers, for trans-
8 formation and modernization costs of the Indian Health
9 Service Electronic Health Record system, for national
10 quality and oversight activities, to improve collections from
11 public and private insurance at Indian Health Service and
12 tribally operated facilities, for an initiative to treat or re-
13 duce the transmission of HIV and HCV, for a maternal
14 health initiative, for the Telebehaviorial Health Center of
15 Excellence, for Alzheimer’s grants, for Village Built Clin-
16 ics and for accreditation emergencies shall be allocated at
17 the discretion of the Director of the Indian Health Service
18 and shall remain available until expended: Provided fur-
19 ther, That funds provided in this Act may be used for an-
20 nual contracts and grants that fall within 2 fiscal years,
21 provided the total obligation is recorded in the year the
22 funds are appropriated: Provided further, That the
23 amounts collected by the Secretary of Health and Human
24 Services under the authority of title IV of the Indian
25 Health Care Improvement Act (25 U.S.C. 1613) shall re-
December 21, 2020 (12:59 p.m.)

845
1 main available until expended for the purpose of achieving
2 compliance with the applicable conditions and require-
3 ments of titles XVIII and XIX of the Social Security Act,
4 except for those related to the planning, design, or con-
5 struction of new facilities: Provided further, That funding
6 contained herein for scholarship programs under the In-
7 dian Health Care Improvement Act (25 U.S.C. 1613)
9 That amounts received by tribes and tribal organizations
10 under title IV of the Indian Health Care Improvement Act
11 shall be reported and accounted for and available to the
12 receiving tribes and tribal organizations until expended:
13 Provided further, That the Bureau of Indian Affairs may
14 collect from the Indian Health Service, and from tribes
15 and tribal organizations operating health facilities pursu-
16 ant to Public Law 93–638, such individually identifiable
17 health information relating to disabled children as may be
18 necessary for the purpose of carrying out its functions
19 under the Individuals with Disabilities Education Act (20
20 U.S.C. 1400 et seq.): Provided further, That of the funds
21 provided, $72,280,000 is for the Indian Health Care Im-
22 provement Fund and may be used, as needed, to carry
23 out activities typically funded under the Indian Health Fa-
24 cilities account: Provided further, That none of the funds
25 appropriated by this Act, or any other Act, to the Indian
December 21, 2020 (12:59 p.m.)

846
1 Health Service for the Electronic Health Record system
2 shall be available for obligation or expenditure for the se-
3 lection or implementation of a new Information Tech-
4 nology infrastructure system, unless the Committees on
6 Senate are consulted 90 days in advance of such obliga-
7 tion: Provided further, That none of the amounts made
8 available under this heading to the Indian Health Service
9 for the Electronic Health Record system shall be available
10 for obligation or expenditure for the selection or imple-
11 mentation of a new Information Technology Infrastruc-
12 ture system until the report and directive is received by
14 resentatives and the Senate in accordance with the explan-
15 atory statement described in section 4 (in the matter pre-
16 ceding division A of this consolidated Act).
17 CONTRACT SUPPORT COSTS

19 contract support costs associated with Indian Self-Deter-
20 mination and Education Assistance Act agreements with
21 the Indian Health Service for fiscal year 2021, such sums
22 as may be necessary: Provided, That notwithstanding any
25 budget account: Provided further, That amounts obligated
December 21, 2020 (12:59 p.m.)

847
1 but not expended by a tribe or tribal organization for con-
2 tract support costs for such agreements for the current
3 fiscal year shall be applied to contract support costs due
4 for such agreements for subsequent fiscal years.
5 PAYMENTS FOR TRIBAL LEASES

7 leases pursuant to section 105(l) of the Indian Self-Deter-
8 mination and Education Assistance Act (25 U.S.C.
9 5324(l)) for fiscal year 2021, such sums as may be nec-
14 budget account.
15 INDIAN HEALTH FACILITIES
16 For construction, repair, maintenance, demolition,

17 improvement, and equipment of health and related auxil-
18 iary facilities, including quarters for personnel; prepara-
19 tion of plans, specifications, and drawings; acquisition of
20 sites, purchase and erection of modular buildings, and
21 purchases of trailers; and for provision of domestic and
22 community sanitation facilities for Indians, as authorized
23 by section 7 of the Act of August 5, 1954 (42 U.S.C.
24 2004a), the Indian Self-Determination Act, and the In-
25 dian Health Care Improvement Act, and for expenses nec-
December 21, 2020 (12:59 p.m.)

848
1 essary to carry out such Acts and titles II and III of the
2 Public Health Service Act with respect to environmental
3 health and facilities support activities of the Indian Health
4 Service, $917,888,000 to remain available until expended:
5 Provided, That notwithstanding any other provision of
6 law, funds appropriated for the planning, design, construc-
7 tion, renovation, or expansion of health facilities for the
8 benefit of an Indian tribe or tribes may be used to pur-
9 chase land on which such facilities will be located: Pro-
10 vided further, That not to exceed $500,000 may be used
11 by the Indian Health Service to purchase TRANSAM
12 equipment from the Department of Defense for distribu-
13 tion to the Indian Health Service and tribal facilities: Pro-
14 vided further, That none of the funds appropriated to the
15 Indian Health Service may be used for sanitation facilities
16 construction for new homes funded with grants by the
17 housing programs of the United States Department of
18 Housing and Urban Development.
19 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE
20 Appropriations provided in this Act to the Indian

21 Health Service shall be available for services as authorized
22 by 5 U.S.C. 3109 at rates not to exceed the per diem rate
23 equivalent to the maximum rate payable for senior-level
24 positions under 5 U.S.C. 5376; hire of passenger motor
25 vehicles and aircraft; purchase of medical equipment; pur-
December 21, 2020 (12:59 p.m.)

849
1 chase of reprints; purchase, renovation, and erection of
2 modular buildings and renovation of existing facilities;
3 payments for telephone service in private residences in the
4 field, when authorized under regulations approved by the
5 Secretary of Health and Human Services; uniforms, or al-
6 lowances therefor as authorized by 5 U.S.C. 5901–5902;
7 and for expenses of attendance at meetings that relate to
8 the functions or activities of the Indian Health Service:
9 Provided, That in accordance with the provisions of the
10 Indian Health Care Improvement Act, non-Indian patients
11 may be extended health care at all tribally administered
12 or Indian Health Service facilities, subject to charges, and
13 the proceeds along with funds recovered under the Federal
14 Medical Care Recovery Act (42 U.S.C. 2651–2653) shall
15 be credited to the account of the facility providing the
16 service and shall be available without fiscal year limitation:
17 Provided further, That notwithstanding any other law or
18 regulation, funds transferred from the Department of
19 Housing and Urban Development to the Indian Health
20 Service shall be administered under Public Law 86–121,
21 the Indian Sanitation Facilities Act and Public Law 93–
22 638: Provided further, That funds appropriated to the In-
23 dian Health Service in this Act, except those used for ad-
24 ministrative and program direction purposes, shall not be
25 subject to limitations directed at curtailing Federal travel
December 21, 2020 (12:59 p.m.)

850
1 and transportation: Provided further, That none of the
2 funds made available to the Indian Health Service in this
3 Act shall be used for any assessments or charges by the
4 Department of Health and Human Services unless identi-
5 fied in the budget justification and provided in this Act,
6 or approved by the House and Senate Committees on Ap-
7 propriations through the reprogramming process: Pro-
8 vided further, That notwithstanding any other provision
9 of law, funds previously or herein made available to a tribe
10 or tribal organization through a contract, grant, or agree-
11 ment authorized by title I or title V of the Indian Self-
12 Determination and Education Assistance Act of 1975 (25
13 U.S.C. 450 et seq.), may be deobligated and reobligated
14 to a self-determination contract under title I, or a self-
15 governance agreement under title V of such Act and there-
16 after shall remain available to the tribe or tribal organiza-
17 tion without fiscal year limitation: Provided further, That
18 none of the funds made available to the Indian Health
19 Service in this Act shall be used to implement the final
20 rule published in the Federal Register on September 16,
21 1987, by the Department of Health and Human Services,
22 relating to the eligibility for the health care services of
23 the Indian Health Service until the Indian Health Service
24 has submitted a budget request reflecting the increased
25 costs associated with the proposed final rule, and such re-
December 21, 2020 (12:59 p.m.)

851
1 quest has been included in an appropriations Act and en-
2 acted into law: Provided further, That with respect to func-
3 tions transferred by the Indian Health Service to tribes
4 or tribal organizations, the Indian Health Service is au-
5 thorized to provide goods and services to those entities on
6 a reimbursable basis, including payments in advance with
7 subsequent adjustment, and the reimbursements received
8 therefrom, along with the funds received from those enti-
9 ties pursuant to the Indian Self-Determination Act, may
10 be credited to the same or subsequent appropriation ac-
11 count from which the funds were originally derived, with
12 such amounts to remain available until expended: Provided
13 further, That reimbursements for training, technical as-
14 sistance, or services provided by the Indian Health Service
15 will contain total costs, including direct, administrative,
16 and overhead costs associated with the provision of goods,
17 services, or technical assistance: Provided further, That
18 the Indian Health Service may provide to civilian medical
19 personnel serving in hospitals operated by the Indian
20 Health Service housing allowances equivalent to those that
21 would be provided to members of the Commissioned Corps
22 of the United States Public Health Service serving in simi-
23 lar positions at such hospitals: Provided further, That the
24 appropriation structure for the Indian Health Service may
December 21, 2020 (12:59 p.m.)

852
1 not be altered without advance notification to the House
2 and Senate Committees on Appropriations.
3 NATIONAL INSTITUTES OF HEALTH
4 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
5 SCIENCES
6 For necessary expenses for the National Institute of

7 Environmental Health Sciences in carrying out activities
8 set forth in section 311(a) of the Comprehensive Environ-
9 mental Response, Compensation, and Liability Act of
10 1980 (42 U.S.C. 9660(a)) and section 126(g) of the
11 Superfund Amendments and Reauthorization Act of 1986,
12 $81,500,000.
13 AGENCY FOR TOXIC SUBSTANCES AND DISEASE
14 REGISTRY
15 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC
16 HEALTH
17 For necessary expenses for the Agency for Toxic Sub-

18 stances and Disease Registry (ATSDR) in carrying out
19 activities set forth in sections 104(i) and 111(c)(4) of the
20 Comprehensive Environmental Response, Compensation,
21 and Liability Act of 1980 (CERCLA) and section 3019
22 of the Solid Waste Disposal Act, $78,000,000: Provided,
23 That notwithstanding any other provision of law, in lieu
24 of performing a health assessment under section 104(i)(6)
25 of CERCLA, the Administrator of ATSDR may conduct
December 21, 2020 (12:59 p.m.)

853
1 other appropriate health studies, evaluations, or activities,
2 including, without limitation, biomedical testing, clinical
3 evaluations, medical monitoring, and referral to accredited
4 healthcare providers: Provided further, That in performing
5 any such health assessment or health study, evaluation,
6 or activity, the Administrator of ATSDR shall not be
7 bound by the deadlines in section 104(i)(6)(A) of
8 CERCLA: Provided further, That none of the funds appro-
9 priated under this heading shall be available for ATSDR
10 to issue in excess of 40 toxicological profiles pursuant to
11 section 104(i) of CERCLA during fiscal year 2021, and
12 existing profiles may be updated as necessary.
13 OTHER RELATED AGENCIES
14 EXECUTIVE OFFICE OF THE PRESIDENT
15 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
16 ENVIRONMENTAL QUALITY
17 For necessary expenses to continue functions as-

18 signed to the Council on Environmental Quality and Office
19 of Environmental Quality pursuant to the National Envi-
20 ronmental Policy Act of 1969, the Environmental Quality
21 Improvement Act of 1970, and Reorganization Plan No.
22 1 of 1977, and not to exceed $750 for official reception
23 and representation expenses, $3,500,000: Provided, That
24 notwithstanding section 202 of the National Environ-
25 mental Policy Act of 1970, the Council shall consist of
December 21, 2020 (12:59 p.m.)

854
1 one member, appointed by the President, by and with the
2 advice and consent of the Senate, serving as chairman and
3 exercising all powers, functions, and duties of the Council.
4 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
6 For necessary expenses in carrying out activities pur-

7 suant to section 112(r)(6) of the Clean Air Act, including
8 hire of passenger vehicles, uniforms or allowances there-
9 for, as authorized by 5 U.S.C. 5901–5902, and for serv-
10 ices authorized by 5 U.S.C. 3109 but at rates for individ-
11 uals not to exceed the per diem equivalent to the maximum
12 rate payable for senior level positions under 5 U.S.C.
13 5376, $12,000,000: Provided, That the Chemical Safety
14 and Hazard Investigation Board (Board) shall have not
15 more than three career Senior Executive Service positions:
17 sion of law, the individual appointed to the position of In-
18 spector General of the Environmental Protection Agency
19 (EPA) shall, by virtue of such appointment, also hold the
20 position of Inspector General of the Board: Provided fur-
21 ther, That notwithstanding any other provision of law, the
22 Inspector General of the Board shall utilize personnel of
23 the Office of Inspector General of EPA in performing the
24 duties of the Inspector General of the Board, and shall
25 not appoint any individuals to positions within the Board.
December 21, 2020 (12:59 p.m.)

855
1 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
3 For necessary expenses of the Office of Navajo and

4 Hopi Indian Relocation as authorized by Public Law 93–
5 531, $4,000,000, to remain available until expended: Pro-
6 vided, That funds provided in this or any other appropria-
7 tions Act are to be used to relocate eligible individuals and
8 groups including evictees from District 6, Hopi-partitioned
9 lands residents, those in significantly substandard hous-
10 ing, and all others certified as eligible and not included
11 in the preceding categories: Provided further, That none
12 of the funds contained in this or any other Act may be
13 used by the Office of Navajo and Hopi Indian Relocation
14 to evict any single Navajo or Navajo family who, as of
15 November 30, 1985, was physically domiciled on the lands
16 partitioned to the Hopi Tribe unless a new or replacement
17 home is provided for such household: Provided further,
18 That no relocatee will be provided with more than one new
19 or replacement home: Provided further, That the Office
20 shall relocate any certified eligible relocatees who have se-
21 lected and received an approved homesite on the Navajo
22 reservation or selected a replacement residence off the
23 Navajo reservation or on the land acquired pursuant to
24 section 11 of Public Law 93–531 (88 Stat. 1716).
December 21, 2020 (12:59 p.m.)

856
1 INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE
2 CULTURE AND ARTS DEVELOPMENT
3 PAYMENT TO THE INSTITUTE
4 For payment to the Institute of American Indian and

5 Alaska Native Culture and Arts Development, as author-
6 ized by part A of title XV of Public Law 99–498 (20
7 U.S.C. 4411 et seq.), $10,772,000, which shall become
8 available on July 1, 2021, and shall remain available until
10 SMITHSONIAN INSTITUTION
12 For necessary expenses of the Smithsonian Institu-

13 tion, as authorized by law, including research in the fields
14 of art, science, and history; development, preservation, and
15 documentation of the National Collections; presentation of
16 public exhibits and performances; collection, preparation,
17 dissemination, and exchange of information and publica-
18 tions; conduct of education, training, and museum assist-
19 ance programs; maintenance, alteration, operation, lease
20 agreements of no more than 30 years, and protection of
21 buildings, facilities, and approaches; not to exceed
22 $100,000 for services as authorized by 5 U.S.C. 3109; and
23 purchase, rental, repair, and cleaning of uniforms for em-
24 ployees, $818,192,000, to remain available until Sep-
25 tember 30, 2022, except as otherwise provided herein; of
December 21, 2020 (12:59 p.m.)

857
1 which not to exceed $6,957,000 for the instrumentation
2 program, collections acquisition, exhibition reinstallation,
3 and the repatriation of skeletal remains program shall re-
4 main available until expended; and including such funds
5 as may be necessary to support American overseas re-
6 search centers: Provided, That funds appropriated herein
7 are available for advance payments to independent con-
8 tractors performing research services or participating in
9 official Smithsonian presentations: Provided further, That
10 the Smithsonian Institution may expend Federal appro-
11 priations designated in this Act for lease or rent payments,
12 as rent payable to the Smithsonian Institution, and such
13 rent payments may be deposited into the general trust
14 funds of the Institution to be available as trust funds for
15 expenses associated with the purchase of a portion of the
16 building at 600 Maryland Avenue, SW, Washington, DC,
17 to the extent that federally supported activities will be
18 housed there: Provided further, That the use of such
19 amounts in the general trust funds of the Institution for
20 such purpose shall not be construed as Federal debt serv-
21 ice for, a Federal guarantee of, a transfer of risk to, or
22 an obligation of the Federal Government: Provided further,
23 That no appropriated funds may be used directly to serv-
24 ice debt which is incurred to finance the costs of acquiring
25 a portion of the building at 600 Maryland Avenue, SW,
December 21, 2020 (12:59 p.m.)

858
1 Washington, DC, or of planning, designing, and con-
2 structing improvements to such building: Provided further,
3 That any agreement entered into by the Smithsonian In-
4 stitution for the sale of its ownership interest, or any por-
5 tion thereof, in such building so acquired may not take
6 effect until the expiration of a 30 day period which begins
7 on the date on which the Secretary of the Smithsonian
8 submits to the Committees on Appropriations of the
9 House of Representatives and Senate, the Committees on
10 House Administration and Transportation and Infrastruc-
11 ture of the House of Representatives, and the Committee
12 on Rules and Administration of the Senate a report, as
13 outlined in the explanatory statement described in section
14 4 of the Further Consolidated Appropriations Act, 2020
15 (Public Law 116–94; 133 Stat. 2536) on the intended
16 sale.
17 FACILITIES CAPITAL
18 For necessary expenses of repair, revitalization, and

19 alteration of facilities owned or occupied by the Smithso-
20 nian Institution, by contract or otherwise, as authorized
21 by section 2 of the Act of August 22, 1949 (63 Stat. 623),
22 and for construction, including necessary personnel,
24 which not to exceed $10,000 shall be for services as au-
25 thorized by 5 U.S.C. 3109.
December 21, 2020 (12:59 p.m.)

859
1 NATIONAL GALLERY OF ART
3 For the upkeep and operations of the National Gal-

4 lery of Art, the protection and care of the works of art
5 therein, and administrative expenses incident thereto, as
6 authorized by the Act of March 24, 1937 (50 Stat. 51),
7 as amended by the public resolution of April 13, 1939
8 (Public Resolution 9, 76th Congress), including services
9 as authorized by 5 U.S.C. 3109; payment in advance when
10 authorized by the treasurer of the Gallery for membership
11 in library, museum, and art associations or societies whose
12 publications or services are available to members only, or
13 to members at a price lower than to the general public;
14 purchase, repair, and cleaning of uniforms for guards, and
15 uniforms, or allowances therefor, for other employees as
16 authorized by law (5 U.S.C. 5901–5902); purchase or
17 rental of devices and services for protecting buildings and
18 contents thereof, and maintenance, alteration, improve-
19 ment, and repair of buildings, approaches, and grounds;
20 and purchase of services for restoration and repair of
21 works of art for the National Gallery of Art by contracts
22 made, without advertising, with individuals, firms, or or-
23 ganizations at such rates or prices and under such terms
24 and conditions as the Gallery may deem proper,
December 21, 2020 (12:59 p.m.)

860
1 2022, of which not to exceed $3,700,000 for the special
2 exhibition program shall remain available until expended.
3 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
4 For necessary expenses of repair, restoration, and

5 renovation of buildings, grounds and facilities owned or
6 occupied by the National Gallery of Art, by contract or
7 otherwise, for operating lease agreements of no more than
8 10 years, with no extensions or renewals beyond the 10
9 years, that address space needs created by the ongoing
10 renovations in the Master Facilities Plan, as authorized,
12 vided, That of this amount, $1,510,000 shall be available
13 for design of an off-site art storage facility in partnership
14 with the Smithsonian Institution: Provided further, That
15 contracts awarded for environmental systems, protection
16 systems, and exterior repair or renovation of buildings of
17 the National Gallery of Art may be negotiated with se-
18 lected contractors and awarded on the basis of contractor
19 qualifications as well as price.
20 JOHN F. KENNEDY CENTER FOR THE PERFORMING
21 ARTS
22 OPERATIONS AND MAINTENANCE
23 For necessary expenses for the operation, mainte-

24 nance, and security of the John F. Kennedy Center for
December 21, 2020 (12:59 p.m.)

861
1 the Performing Arts, $26,400,000, to remain available
2 until September, 30, 2022.
3 CAPITAL REPAIR AND RESTORATION
4 For necessary expenses for capital repair and restora-

5 tion of the existing features of the building and site of
6 the John F. Kennedy Center for the Performing Arts,
8 WOODROW WILSON INTERNATIONAL CENTER FOR
9 SCHOLARS
11 For expenses necessary in carrying out the provisions

12 of the Woodrow Wilson Memorial Act of 1968 (82 Stat.
13 1356) including hire of passenger vehicles and services as
14 authorized by 5 U.S.C. 3109, $14,000,000, to remain
16 NATIONAL FOUNDATION ON THE ARTS AND THE
17 HUMANITIES
18 NATIONAL ENDOWMENT FOR THE ARTS
19 GRANTS AND ADMINISTRATION
20 For necessary expenses to carry out the National

21 Foundation on the Arts and the Humanities Act of 1965,
22 $167,500,000 shall be available to the National Endow-
23 ment for the Arts for the support of projects and produc-
24 tions in the arts, including arts education and public out-
25 reach activities, through assistance to organizations and
December 21, 2020 (12:59 p.m.)

862
1 individuals pursuant to section 5 of the Act, for program
2 support, and for administering the functions of the Act,
4 NATIONAL ENDOWMENT FOR THE HUMANITIES
5 GRANTS AND ADMINISTRATION
6 For necessary expenses to carry out the National

7 Foundation on the Arts and the Humanities Act of 1965,
8 $167,500,000 to remain available until expended, of which
9 $152,500,000 shall be available for support of activities
10 in the humanities, pursuant to section 7(c) of the Act and
11 for administering the functions of the Act; and
12 $15,000,000 shall be available to carry out the matching
13 grants program pursuant to section 10(a)(2) of the Act,
14 including $13,000,000 for the purposes of section 7(h):
15 Provided, That appropriations for carrying out section
16 10(a)(2) shall be available for obligation only in such
17 amounts as may be equal to the total amounts of gifts,
18 bequests, devises of money, and other property accepted
19 by the chairman or by grantees of the National Endow-
20 ment for the Humanities under the provisions of sections
21 11(a)(2)(B) and 11(a)(3)(B) during the current and pre-
22 ceding fiscal years for which equal amounts have not pre-
23 viously been appropriated.
December 21, 2020 (12:59 p.m.)

863
2 None of the funds appropriated to the National
3 Foundation on the Arts and the Humanities may be used
4 to process any grant or contract documents which do not
5 include the text of 18 U.S.C. 1913: Provided, That none
6 of the funds appropriated to the National Foundation on
7 the Arts and the Humanities may be used for official re-
8 ception and representation expenses: Provided further,
9 That funds from nonappropriated sources may be used as
10 necessary for official reception and representation ex-
11 penses: Provided further, That the Chairperson of the Na-
12 tional Endowment for the Arts may approve grants of up
13 to $10,000, if in the aggregate the amount of such grants
14 does not exceed 5 percent of the sums appropriated for
15 grantmaking purposes per year: Provided further, That
16 such small grant actions are taken pursuant to the terms
17 of an expressed and direct delegation of authority from
18 the National Council on the Arts to the Chairperson.
19 COMMISSION OF FINE ARTS
21 For expenses of the Commission of Fine Arts under

22 chapter 91 of title 40, United States Code, $3,240,000:
23 Provided, That the Commission is authorized to charge
24 fees to cover the full costs of its publications, and such
25 fees shall be credited to this account as an offsetting col-
December 21, 2020 (12:59 p.m.)

864
1 lection, to remain available until expended without further
2 appropriation: Provided further, That the Commission is
3 authorized to accept gifts, including objects, papers, art-
4 work, drawings and artifacts, that pertain to the history
5 and design of the Nation’s Capital or the history and ac-
6 tivities of the Commission of Fine Arts, for the purpose
7 of artistic display, study, or education: Provided further,
8 That one-tenth of one percent of the funds provided under
9 this heading may be used for official reception and rep-
10 resentation expenses.
11 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
12 For necessary expenses as authorized by Public Law

13 99–190 (20 U.S.C. 956a), $5,000,000.
14 ADVISORY COUNCIL ON HISTORIC PRESERVATION
16 For necessary expenses of the Advisory Council on

17 Historic Preservation (Public Law 89–665), $7,400,000.
18 NATIONAL CAPITAL PLANNING COMMISSION
20 For necessary expenses of the National Capital Plan-

21 ning Commission under chapter 87 of title 40, United
22 States Code, including services as authorized by 5 U.S.C.
23 3109, $8,124,000: Provided, That one-quarter of 1 per-
24 cent of the funds provided under this heading may be used
25 for official reception and representational expenses associ-
December 21, 2020 (12:59 p.m.)

865
1 ated with hosting international visitors engaged in the
2 planning and physical development of world capitals.
3 UNITED STATES HOLOCAUST MEMORIAL MUSEUM
4 HOLOCAUST MEMORIAL MUSEUM
5 For expenses of the Holocaust Memorial Museum, as

6 authorized by Public Law 106–292 (36 U.S.C. 2301–
7 2310), $61,388,000, of which $715,000 shall remain
8 available until September 30, 2023, for the Museum’s
9 equipment replacement program; and of which $3,000,000
10 for the Museum’s repair and rehabilitation program and
11 $1,264,000 for the Museum’s outreach initiatives program
12 shall remain available until expended.
13 PRESIDIO TRUST
14 The Presidio Trust is authorized to issue obligations
15 to the Secretary of the Treasury pursuant to section
16 104(d)(3) of the Omnibus Parks and Public Lands Man-
17 agement Act of 1996 (Public Law 104–333), in an
18 amount not to exceed $20,000,000.
19 DWIGHT D. EISENHOWER MEMORIAL COMMISSION
21 For necessary expenses of the Dwight D. Eisenhower

22 Memorial Commission, $1,000,000, to remain available
23 until expended.
December 21, 2020 (12:59 p.m.)

866
1 WORLD WAR I CENTENNIAL COMMISSION
3 Notwithstanding section 9 of the World War I Cen-

4 tennial Commission Act, as authorized by the World War
5 I Centennial Commission Act (Public Law 112–272) and
6 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National
8 Law 113–291), for necessary expenses of the World War
9 I Centennial Commission, $7,000,000, to remain available
10 until September 30, 2022: Provided, That in addition to
11 the authority provided by section 6(g) of such Act, the
12 World War I Commission may accept money, in-kind per-
13 sonnel services, contractual support, or any appropriate
14 support from any executive branch agency for activities
15 of the Commission.
16 ALYCE SPOTTED BEAR AND WALTER SOBOLEFF
17 COMMISSION ON NATIVE CHILDREN
18 For necessary expenses of the Alyce Spotted Bear

19 and Walter Soboleff Commission on Native Children (re-
20 ferred to in this paragraph as the ‘‘Commission’’),
21 $500,000, to remain available until September 30, 2022:
22 Provided, That in addition to the authority provided by
23 section 3(g)(5) and 3(h) of Public Law 114–244, the Com-
24 mission may hereafter accept in-kind personnel services,
December 21, 2020 (12:59 p.m.)

867
1 contractual support, or any appropriate support from any
2 executive branch agency for activities of the Commission.
December 21, 2020 (12:59 p.m.)

868
1 TITLE IV
4 RESTRICTION ON USE OF FUNDS

6 this Act shall be available for any activity or the publica-
7 tion or distribution of literature that in any way tends to
8 promote public support or opposition to any legislative
9 proposal on which Congressional action is not complete
10 other than to communicate to Members of Congress as
11 described in 18 U.S.C. 1913.
12 OBLIGATION OF APPROPRIATIONS

16 DISCLOSURE OF ADMINISTRATIVE EXPENSES
17 SEC. 403. The amount and basis of estimated over-

18 head charges, deductions, reserves, or holdbacks, including
19 working capital fund and cost pool charges, from pro-
20 grams, projects, activities and subactivities to support gov-
21 ernment-wide, departmental, agency, or bureau adminis-
22 trative functions or headquarters, regional, or central op-
23 erations shall be presented in annual budget justifications
24 and subject to approval by the Committees on Appropria-
25 tions of the House of Representatives and the Senate.
December 21, 2020 (12:59 p.m.)

869
1 Changes to such estimates shall be presented to the Com-
2 mittees on Appropriations for approval.
3 MINING APPLICATIONS
4 SEC. 404. (a) LIMITATION OF FUNDS.—None of the

5 funds appropriated or otherwise made available pursuant
6 to this Act shall be obligated or expended to accept or
7 process applications for a patent for any mining or mill
8 site claim located under the general mining laws.
9 (b) EXCEPTIONS.—Subsection (a) shall not apply if
10 the Secretary of the Interior determines that, for the claim
11 concerned: (1) a patent application was filed with the Sec-
12 retary on or before September 30, 1994; and (2) all re-
13 quirements established under sections 2325 and 2326 of
14 the Revised Statutes (30 U.S.C. 29 and 30) for vein or
15 lode claims, sections 2329, 2330, 2331, and 2333 of the
16 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer
17 claims, and section 2337 of the Revised Statutes (30
18 U.S.C. 42) for mill site claims, as the case may be, were
19 fully complied with by the applicant by that date.
20 (c) REPORT.—On September 30, 2022, the Secretary
21 of the Interior shall file with the House and Senate Com-
22 mittees on Appropriations and the Committee on Natural
23 Resources of the House and the Committee on Energy and
24 Natural Resources of the Senate a report on actions taken
25 by the Department under the plan submitted pursuant to
December 21, 2020 (12:59 p.m.)

870
1 section 314(c) of the Department of the Interior and Re-
2 lated Agencies Appropriations Act, 1997 (Public Law
3 104–208).
4 (d) MINERAL EXAMINATIONS.—In order to process
5 patent applications in a timely and responsible manner,
6 upon the request of a patent applicant, the Secretary of
7 the Interior shall allow the applicant to fund a qualified
8 third-party contractor to be selected by the Director of the
9 Bureau of Land Management to conduct a mineral exam-
10 ination of the mining claims or mill sites contained in a
11 patent application as set forth in subsection (b). The Bu-
12 reau of Land Management shall have the sole responsi-
13 bility to choose and pay the third-party contractor in ac-
14 cordance with the standard procedures employed by the
15 Bureau of Land Management in the retention of third-
16 party contractors.
17 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION
18 SEC. 405. Sections 405 and 406 of division F of the

19 Consolidated and Further Continuing Appropriations Act,
20 2015 (Public Law 113–235) shall continue in effect in fis-
21 cal year 2021.
22 CONTRACT SUPPORT COSTS, FISCAL YEAR 2021
23 LIMITATION
24 SEC. 406. Amounts provided by this Act for fiscal

25 year 2021 under the headings ‘‘Department of Health and
December 21, 2020 (12:59 p.m.)

871
1 Human Services, Indian Health Service, Contract Support
2 Costs’’ and ‘‘Department of the Interior, Bureau of Indian
3 Affairs and Bureau of Indian Education, Contract Sup-
4 port Costs’’ are the only amounts available for contract
5 support costs arising out of self-determination or self-gov-
6 ernance contracts, grants, compacts, or annual funding
7 agreements for fiscal year 2021 with the Bureau of Indian
8 Affairs, Bureau of Indian Education, and the Indian
9 Health Service: Provided, That such amounts provided by
10 this Act are not available for payment of claims for con-
11 tract support costs for prior years, or for repayments of
12 payments for settlements or judgments awarding contract
13 support costs for prior years.
14 FOREST MANAGEMENT PLANS
15 SEC. 407. The Secretary of Agriculture shall not be

16 considered to be in violation of subparagraph 6(f)(5)(A)
17 of the Forest and Rangeland Renewable Resources Plan-
18 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because
19 more than 15 years have passed without revision of the
20 plan for a unit of the National Forest System. Nothing
21 in this section exempts the Secretary from any other re-
22 quirement of the Forest and Rangeland Renewable Re-
23 sources Planning Act (16 U.S.C. 1600 et seq.) or any
24 other law: Provided, That if the Secretary is not acting
25 expeditiously and in good faith, within the funding avail-
December 21, 2020 (12:59 p.m.)

872
1 able, to revise a plan for a unit of the National Forest
2 System, this section shall be void with respect to such plan
3 and a court of proper jurisdiction may order completion
4 of the plan on an accelerated basis.
5 PROHIBITION WITHIN NATIONAL MONUMENTS
6 SEC. 408. No funds provided in this Act may be ex-

7 pended to conduct preleasing, leasing and related activities
8 under either the Mineral Leasing Act (30 U.S.C. 181 et
9 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C.
10 1331 et seq.) within the boundaries of a National Monu-
11 ment established pursuant to the Act of June 8, 1906 (16
12 U.S.C. 431 et seq.) as such boundary existed on January
13 20, 2001, except where such activities are allowed under
14 the Presidential proclamation establishing such monu-
15 ment.
16 LIMITATION ON TAKINGS
17 SEC. 409. Unless otherwise provided herein, no funds

18 appropriated in this Act for the acquisition of lands or
19 interests in lands may be expended for the filing of dec-
20 larations of taking or complaints in condemnation without
21 the approval of the House and Senate Committees on Ap-
22 propriations: Provided, That this provision shall not apply
23 to funds appropriated to implement the Everglades Na-
24 tional Park Protection and Expansion Act of 1989, or to
25 funds appropriated for Federal assistance to the State of
December 21, 2020 (12:59 p.m.)

873
1 Florida to acquire lands for Everglades restoration pur-
2 poses.
3 PROHIBITION ON NO-BID CONTRACTS

5 wise made available by this Act to executive branch agen-
6 cies may be used to enter into any Federal contract unless
7 such contract is entered into in accordance with the re-
8 quirements of Chapter 33 of title 41, United States Code,
9 or Chapter 137 of title 10, United States Code, and the
10 Federal Acquisition Regulation, unless—
11 (1) Federal law specifically authorizes a con-
12 tract to be entered into without regard for these re-
13 quirements, including formula grants for States, or
14 federally recognized Indian tribes;
15 (2) such contract is authorized by the Indian
16 Self-Determination and Education Assistance Act
17 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by
18 any other Federal laws that specifically authorize a
19 contract within an Indian tribe as defined in section
20 4(e) of that Act (25 U.S.C. 450b(e)); or
21 (3) such contract was awarded prior to the date
22 of enactment of this Act.
23 POSTING OF REPORTS

25 able in this Act, shall, subject to subsections (b) and (c),
December 21, 2020 (12:59 p.m.)

874
1 post on the public website of that agency any report re-
2 quired to be submitted by the Congress in this or any
13 NATIONAL ENDOWMENT FOR THE ARTS GRANT
14 GUIDELINES
15 SEC. 412. Of the funds provided to the National En-

16 dowment for the Arts—
17 (1) The Chairperson shall only award a grant
18 to an individual if such grant is awarded to such in-
19 dividual for a literature fellowship, National Herit-
20 age Fellowship, or American Jazz Masters Fellow-
21 ship.
22 (2) The Chairperson shall establish procedures
23 to ensure that no funding provided through a grant,
24 except a grant made to a State or local arts agency,
25 or regional group, may be used to make a grant to
December 21, 2020 (12:59 p.m.)

875
1 any other organization or individual to conduct ac-
2 tivity independent of the direct grant recipient.
3 Nothing in this subsection shall prohibit payments
4 made in exchange for goods and services.
5 (3) No grant shall be used for seasonal support
6 to a group, unless the application is specific to the
7 contents of the season, including identified programs
8 or projects.
9 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM
10 PRIORITIES
11 SEC. 413. (a) In providing services or awarding fi-

12 nancial assistance under the National Foundation on the
13 Arts and the Humanities Act of 1965 from funds appro-
14 priated under this Act, the Chairperson of the National
15 Endowment for the Arts shall ensure that priority is given
16 to providing services or awarding financial assistance for
17 projects, productions, workshops, or programs that serve
18 underserved populations.
19 (b) In this section:
20 (1) The term ‘‘underserved population’’ means
21 a population of individuals, including urban minori-
22 ties, who have historically been outside the purview
23 of arts and humanities programs due to factors such
24 as a high incidence of income below the poverty line
25 or to geographic isolation.
December 21, 2020 (12:59 p.m.)

876
1 (2) The term ‘‘poverty line’’ means the poverty
2 line (as defined by the Office of Management and
3 Budget, and revised annually in accordance with sec-
4 tion 673(2) of the Community Services Block Grant
5 Act (42 U.S.C. 9902(2))) applicable to a family of
6 the size involved.
7 (c) In providing services and awarding financial as-
8 sistance under the National Foundation on the Arts and
9 Humanities Act of 1965 with funds appropriated by this
10 Act, the Chairperson of the National Endowment for the
11 Arts shall ensure that priority is given to providing serv-
12 ices or awarding financial assistance for projects, produc-
13 tions, workshops, or programs that will encourage public
14 knowledge, education, understanding, and appreciation of
15 the arts.
16 (d) With funds appropriated by this Act to carry out
17 section 5 of the National Foundation on the Arts and Hu-
18 manities Act of 1965—
19 (1) the Chairperson shall establish a grant cat-
20 egory for projects, productions, workshops, or pro-
21 grams that are of national impact or availability or
22 are able to tour several States;
23 (2) the Chairperson shall not make grants ex-
24 ceeding 15 percent, in the aggregate, of such funds
December 21, 2020 (12:59 p.m.)

877
1 to any single State, excluding grants made under the
2 authority of paragraph (1);
3 (3) the Chairperson shall report to the Con-
4 gress annually and by State, on grants awarded by
5 the Chairperson in each grant category under sec-
6 tion 5 of such Act; and
7 (4) the Chairperson shall encourage the use of
8 grants to improve and support community-based
9 music performance and education.
10 NATIONAL ENDOWMENT FOR THE ARTS WAIVERS

12 law, funds made available under the heading ‘‘National
13 Foundation on the Arts and the Humanities—National
14 Endowment for the Arts—Grants and Administration’’ of
15 this Act and under such heading for fiscal years 2019 and
16 2020 for grants for the purposes described in section 5(c)
17 of the National Foundation on the Arts and Humanities
18 Act of 1965 (20 U.S.C. 954(c)) may also be used by the
19 recipients of such grants for purposes of the general oper-
20 ations of such recipients.
21 NATIONAL ENDOWMENT FOR THE HUMANITIES WAIVERS

23 law, funds made available under the heading ‘‘National
24 Foundation on the Arts and the Humanities—National
25 Endowment for the Humanities—Grants and Administra-
December 21, 2020 (12:59 p.m.)

878
1 tion’’ of this Act and under such heading for fiscal years
2 2019 and 2020 for grants for the purposes described in
3 section 7(c) and 7(h)(1) of the National Foundation on
4 the Arts and Humanities Act of 1965 may also be used
5 by the recipients of such grants for purposes of the general
6 operations of such recipients.
7 STATUS OF BALANCES OF APPROPRIATIONS
8 SEC. 416. The Department of the Interior, the Envi-

9 ronmental Protection Agency, the Forest Service, and the
10 Indian Health Service shall provide the Committees on
11 Appropriations of the House of Representatives and Sen-
12 ate quarterly reports on the status of balances of appro-
13 priations including all uncommitted, committed, and unob-
14 ligated funds in each program and activity within 60 days
16 EXTENSION OF GRAZING PERMITS

18 of Public Law 108–108 (117 Stat. 1307), regarding graz-
19 ing permits issued by the Forest Service on any lands not
20 subject to administration under section 402 of the Federal
21 Lands Policy and Management Act (43 U.S.C. 1752),
22 shall remain in effect for fiscal year 2021.
23 FUNDING PROHIBITION

December 21, 2020 (12:59 p.m.)

879
1 network unless such network is designed to block access
2 to pornography websites.
7 HUMANE TRANSFER AND TREATMENT OF ANIMALS

9 of law, the Secretary of the Interior, with respect to land
10 administered by the Bureau of Land Management, or the
11 Secretary of Agriculture, with respect to land adminis-
12 tered by the Forest Service (referred to in this section as
13 the ‘‘Secretary concerned’’), may transfer excess wild
14 horses and burros that have been removed from land ad-
15 ministered by the Secretary concerned to other Federal,
16 State, and local government agencies for use as work ani-
17 mals.
18 (b) The Secretary concerned may make a transfer
19 under subsection (a) immediately on the request of a Fed-
20 eral, State, or local government agency.
21 (c) An excess wild horse or burro transferred under
22 subsection (a) shall lose status as a wild free-roaming
23 horse or burro (as defined in section 2 of Public Law 92–
24 195 (commonly known as the ‘‘Wild Free-Roaming Horses
25 and Burros Act’’) (16 U.S.C. 1332)).
December 21, 2020 (12:59 p.m.)

880
1 (d) A Federal, State, or local government agency re-
2 ceiving an excess wild horse or burro pursuant to sub-
3 section (a) shall not—
4 (1) destroy the horse or burro in a manner that
5 results in the destruction of the horse or burro into
6 a commercial product;
7 (2) sell or otherwise transfer the horse or burro
8 in a manner that results in the destruction of the
9 horse or burro for processing into a commercial
10 product; or
11 (3) euthanize the horse or burro, except on the
12 recommendation of a licensed veterinarian in a case
13 of severe injury, illness, or advanced age.
14 (e) Amounts appropriated by this Act shall not be
15 available for—
16 (1) the destruction of any healthy, unadopted,
17 and wild horse or burro under the jurisdiction of the
18 Secretary concerned (including a contractor); or
19 (2) the sale of a wild horse or burro that results
20 in the destruction of the wild horse or burro for
21 processing into a commercial product.
December 21, 2020 (12:59 p.m.)

881
1 FOREST SERVICE FACILITY REALIGNMENT AND
2 ENHANCEMENT AUTHORIZATION EXTENSION
3 SEC. 420. Section 503(f) of Public Law 109–54 (16

4 U.S.C. 580d note) shall be applied by substituting ‘‘Sep-
5 tember 30, 2021’’ for ‘‘September 30, 2019’’.
6 USE OF AMERICAN IRON AND STEEL
7 SEC. 421. (a)(1) None of the funds made available

8 by a State water pollution control revolving fund as au-
9 thorized by section 1452 of the Safe Drinking Water Act
10 (42 U.S.C. 300j–12) shall be used for a project for the
11 construction, alteration, maintenance, or repair of a public
12 water system or treatment works unless all of the iron and
13 steel products used in the project are produced in the
14 United States.
15 (2) In this section, the term ‘‘iron and steel’’ products
16 means the following products made primarily of iron or
17 steel: lined or unlined pipes and fittings, manhole covers
18 and other municipal castings, hydrants, tanks, flanges,
19 pipe clamps and restraints, valves, structural steel, rein-
20 forced precast concrete, and construction materials.
21 (b) Subsection (a) shall not apply in any case or cat-
22 egory of cases in which the Administrator of the Environ-
23 mental Protection Agency (in this section referred to as
24 the ‘‘Administrator’’) finds that—
December 21, 2020 (12:59 p.m.)

882
1 (1) applying subsection (a) would be incon-
2 sistent with the public interest;
3 (2) iron and steel products are not produced in
4 the United States in sufficient and reasonably avail-
5 able quantities and of a satisfactory quality; or
6 (3) inclusion of iron and steel products pro-
7 duced in the United States will increase the cost of
8 the overall project by more than 25 percent.
9 (c) If the Administrator receives a request for a waiv-
10 er under this section, the Administrator shall make avail-
11 able to the public on an informal basis a copy of the re-
12 quest and information available to the Administrator con-
13 cerning the request, and shall allow for informal public
14 input on the request for at least 15 days prior to making
15 a finding based on the request. The Administrator shall
16 make the request and accompanying information available
17 by electronic means, including on the official public Inter-
18 net Web site of the Environmental Protection Agency.
19 (d) This section shall be applied in a manner con-
20 sistent with United States obligations under international
21 agreements.
22 (e) The Administrator may retain up to 0.25 percent
23 of the funds appropriated in this Act for the Clean and
24 Drinking Water State Revolving Funds for carrying out
December 21, 2020 (12:59 p.m.)

883
1 the provisions described in subsection (a)(1) for manage-
2 ment and oversight of the requirements of this section.
3 LOCAL COOPERATOR TRAINING AGREEMENTS AND TRANS-
4 FERS OF EXCESS EQUIPMENT AND SUPPLIES FOR
5 WILDFIRES
6 SEC. 422. The Secretary of the Interior is authorized

7 to enter into grants and cooperative agreements with vol-
8 unteer fire departments, rural fire departments, rangeland
9 fire protection associations, and similar organizations to
10 provide for wildland fire training and equipment, including
11 supplies and communication devices. Notwithstanding sec-
12 tion 121(c) of title 40, United States Code, or section 521
13 of title 40, United States Code, the Secretary is further
14 authorized to transfer title to excess Department of the
15 Interior firefighting equipment no longer needed to carry
16 out the functions of the Department’s wildland fire man-
17 agement program to such organizations.
18 RECREATION FEES
19 SEC. 423. Section 810 of the Federal Lands Recre-

20 ation Enhancement Act (16 U.S.C. 6809) shall be applied
21 by substituting ‘‘October 1, 2022’’ for ‘‘September 30,
22 2019’’.
23 REPROGRAMMING GUIDELINES

25 Act, in this and prior fiscal years, may be reprogrammed
December 21, 2020 (12:59 p.m.)

884
1 without the advance approval of the House and Senate
2 Committees on Appropriations in accordance with the re-
3 programming procedures contained in the explanatory
4 statement described in section 4 of the Further Consoli-
5 dated Appropriations Act, 2020 (Public Law 116–94; 133
6 Stat. 2536).
7 LOCAL CONTRACTORS
8 SEC. 425. Section 412 of division E of Public Law

9 112–74 shall be applied by substituting ‘‘fiscal year 2021’’
10 for ‘‘fiscal year 2019’’.
11 SHASTA-TRINITY MARINA FEE AUTHORITY
12 AUTHORIZATION EXTENSION
13 SEC. 426. Section 422 of division F of Public Law

14 110–161 (121 Stat 1844), as amended, shall be applied
15 by substituting ‘‘fiscal year 2021’’ for ‘‘fiscal year 2019’’.
16 INTERPRETIVE ASSOCIATION AUTHORIZATION EXTENSION
17 SEC. 427. Section 426 of division G of Public Law

18 113–76 (16 U.S.C. 565a–1 note) shall be applied by sub-
19 stituting ‘‘September 30, 2021’’ for ‘‘September 30,
20 2019’’.
21 PUERTO RICO SCHOOLING AUTHORIZATION EXTENSION
22 SEC. 428. The authority provided by the 19th un-

23 numbered paragraph under heading ‘‘Administrative Pro-
24 visions, Forest Service’’ in title III of Public Law 109–
December 21, 2020 (12:59 p.m.)

885
1 54, as amended, shall be applied by substituting ‘‘fiscal
2 year 2021’’ for ‘‘fiscal year 2019’’.
3 FOREST BOTANICAL PRODUCTS FEE COLLECTION
4 AUTHORIZATION EXTENSION
5 SEC. 429. Section 339 of the Department of the Inte-

6 rior and Related Agencies Appropriations Act, 2000 (as
7 enacted into law by Public Law 106–113; 16 U.S.C. 528
8 note), as amended by section 335(6) of Public Law 108–
9 108 and section 432 of Public Law 113–76, shall be ap-
10 plied by substituting ‘‘fiscal year 2021’’ for ‘‘fiscal year
11 2019’’.
12 CHACO CANYON

14 Act may be used to accept a nomination for oil and gas
15 leasing under 43 CFR 3120.3 et seq, or to offer for oil
16 and gas leasing, any Federal lands within the withdrawal
17 area identified on the map of the Chaco Culture National
18 Historical Park prepared by the Bureau of Land Manage-
19 ment and dated April 2, 2019, prior to the completion of
20 the cultural resources investigation identified in the ex-
21 planatory statement described in section 4 (in the matter
22 preceding division A of this consolidated Act).
23 TRIBAL LEASES

25 of law, in the case of any lease under section 105(l) of
December 21, 2020 (12:59 p.m.)

886
1 the Indian Self-Determination and Education Assistance
2 Act (25 U.S.C. 5324(l)), the initial lease term shall com-
3 mence no earlier than the date of receipt of the lease pro-
4 posal.
5 (b) The Secretaries of the Interior and Health and
6 Human Services shall, jointly or separately, during fiscal
7 year 2021 consult with tribes and tribal organizations
8 through public solicitation and other means regarding the
9 requirements for leases under section 105(l) of the Indian
10 Self-Determination and Education Assistance Act (25
11 U.S.C. 5324(l)) on how to implement a consistent and
12 transparent process for the payment of such leases.
13 RESOURCE STUDY OF SPRINGFIELD RACE RIOT
14 SEC. 432. (a) DEFINITIONS.—In this section:

16 the Secretary of the Interior.
17 (2) STUDY AREA.—The term ‘‘Study Area’’
18 means the archeological site near Madison Street
19 and the 10th Street Rail Corridor, and other sites
20 in Springfield, Illinois associated with the 1908
21 Springfield Race Riot.
22 (b) SPECIAL RESOURCE STUDY.—
23 (1) STUDY.—The Secretary shall conduct a spe-
24 cial resource study of the study area.
December 21, 2020 (12:59 p.m.)

887
1 (2) CONTENTS.—In conducting the study under
2 paragraph (1), the Secretary shall—
3 (A) evaluate the national significance of
4 the study area;
5 (B) determine the suitability and feasibility
6 of designating the study area as a unit of the
7 National Park System;
8 (C) consider other alternatives for preser-
9 vation, protection, and interpretation of the
10 study area by the Federal Government, State or
11 local government entities, or private and non-
12 profit organizations;
13 (D) consult with interested Federal agen-
14 cies, State or local governmental entities, pri-
15 vate and nonprofit organizations, or any other
16 interested individuals; and
17 (E) identify cost estimates for any Federal
18 acquisition, development, interpretation, oper-
19 ation, and maintenance associated with the al-
20 ternatives.
21 (3) APPLICABLE LAW.—The study required
22 under paragraph (1) shall be conducted in accord-
23 ance with section 100507 of title 54, United States
24 Code.
December 21, 2020 (12:59 p.m.)

888
1 (4) REPORT.—Not later than 3 years after the
2 date on which funds are first made available for the
3 study under paragraph (1), the Secretary shall sub-
4 mit to the Committee on Natural Resources of the
5 House of Representatives and the Committee on En-
6 ergy and Natural Resources of the Senate a report
7 that describes—
8 (A) the results of the study; and
9 (B) any conclusions and recommendations
10 of the Secretary.
11 FOREST ECOSYSTEM RECOVERY AND HEALTH FUND
12 SEC. 433. The authority provided under the heading

13 ‘‘Forest Ecosystem Health and Recovery Fund’’ in title
14 I of Public Law 111–88, as amended by section 117 of
15 division F of Public Law 113–235, shall be applied by sub-
16 stituting ‘‘fiscal year 2021’’ for ‘‘fiscal year 2020’’ each
17 place it appears.
18 ALLOCATION OF PROJECTS
19 SEC. 434. (a)(1) Within 45 days of enactment of this

20 Act, the Secretary of the Interior shall allocate amounts
21 available from the National Parks and Public Land Leg-
22 acy Restoration Fund for fiscal year 2021 pursuant to
23 subsection (c) of section 200402 of title 54, United States
24 Code, and as provided in subsection (e) of such section
25 of such title, to the agencies of the Department of the
December 21, 2020 (12:59 p.m.)

889
1 Interior and the Department of Agriculture specified, in
2 the amounts specified, and for the projects and activities
3 specified in the table titled ‘‘Allocation of Funds from the
4 National Parks and Public Land Legacy Restoration
5 Fund—Fiscal Year 2021’’ in the explanatory statement
8 (2) Within 30 days of enactment of this Act, the Sec-
9 retary of the Interior shall submit to the Committees on
11 Senate project data sheets in the same format and con-
12 taining the same level of detailed information that is found
13 on such sheets in the Budget Justifications annually sub-
14 mitted by the Department of the Interior with the Presi-
15 dent’s Budget for the Department of the Interior projects
16 specified pursuant to the allocation in subsection (a)(1)
17 and, only 45 days after submission of such sheets, shall
18 the Secretary of the Interior be permitted to obligate
19 amounts that are allocated pursuant to subsection (a)(1).
21 retary of Agriculture shall submit to the Committees on
23 Senate full detailed project lists that must include a
24 project description, as well as information on region, forest
25 or grassland name, project name, State, Congressional
December 21, 2020 (12:59 p.m.)

890
1 district, fiscal year 2021 non-transportation needed funds,
2 fiscal year 2021 transportation needed funds, and asset
3 type for the Department of Agriculture projects specified
4 pursuant to the allocation in subsection (a)(1) and, only
5 45 days after submission of such lists, shall the Secretary
6 of Agriculture be permitted to obligate amounts that are
7 allocated pursuant to subsection (a)(1).
8 (b)(1) Within 45 days of enactment of this Act, the
9 Secretary of the Interior and the Secretary of Agriculture,
10 as appropriate, shall allocate amounts made available for
11 expenditure from the Land and Water Conservation Fund
12 for fiscal year 2021 pursuant to subsection (a) of section
13 200303 of title 54, United States Code, to the agencies
14 and accounts specified, in the amounts specified, and for
15 the projects and activities specified in the table titled ‘‘Al-
16 location of Funds from the Land and Water Conservation
17 Fund—Fiscal Year 2021’’ in the explanatory statement
21 retary of the Interior and the Secretary of Agriculture
22 shall each submit to the Committees on Appropriations of
23 the House of Representatives and the Senate project data
24 sheets in the same format and containing the same level
25 of detailed information that is found on such sheets as
December 21, 2020 (12:59 p.m.)

891
1 submitted to the Committees pursuant to section 427 of
2 division D of the Further Consolidated Appropriations
3 Act, 2020 (Public Law 116-94) for the projects specified
4 pursuant to the allocation in subsection (b)(1) and, only
5 45 days after submission of such sheets, shall the Sec-
6 retary of the Interior and the Secretary of Agriculture,
7 as appropriate, be permitted to obligate amounts that are
8 allocated pursuant to subsection (b)(1).
9 (c)(1) Neither the President nor his designee may al-
10 locate any amounts that are made available for any fiscal
11 year under subsection (c) of section 200402 of title 54,
12 United States Code, or subsection (a) of section 200303
13 of title 54, United States Code, other than amounts that
14 are allocated by subsections (a) and (b) of this section of
15 this Act.
16 (2) If any funds made available by section 200402(c)
17 or section 200303(a) of title 54, United States Code, were
18 allocated or obligated in advance of the enactment of a
19 fiscal year 2021 Act making full-year appropriations for
20 the Department of the Interior, Environment, and Related
21 Agencies, then within 30 days of enactment of this Act,
22 the Office of Management and Budget, in consultation
23 with the Department of the Interior and the Department
24 of Agriculture, shall submit to the Committees on Appro-
December 21, 2020 (12:59 p.m.)

892
1 a report from the General Counsel analyzing how the au-
2 thority in section 200402 and in section 200303 of title
3 54, United States Code, permitted the Administration to
4 allocate funding for projects for a fiscal year pursuant
5 those sections, particularly the language in sections
6 200402(i) and 200303(c)(2), in advance of the date of en-
7 actment of such fiscal year 2021 Act.
8 (d)(1) Concurrent with the annual budget submission
9 of the President for fiscal year 2022, the Secretary of the
10 Interior and the Secretary of Agriculture shall each sub-
12 of Representatives and the Senate a list of supplementary
13 allocations for Federal land acquisition and Forest Legacy
14 projects at the National Park Service, the U.S. Fish and
15 Wildlife Service, the Bureau of Land Management, and
16 the U.S. Forest Service that are in addition to the ‘‘Sub-
17 mission of Cost Estimates’’ required by section
18 200303(c)(1) of title 54, United States Code, that are
19 prioritized and detailed by account, program, and project,
20 and that total no less than half the full amount allocated
21 to each account for that land management Agency under
22 the allocations submitted under section 200303(c)(1) of
23 title 54, United States Code.
24 (2) The Federal land acquisition and Forest Legacy
25 projects in the ‘‘Submission of Cost Estimates’’ required
December 21, 2020 (12:59 p.m.)

893
1 by section 200303(c)(1) of title 54, United States Code,
2 and on the list of supplementary allocations required by
3 paragraph (1) shall be comprised only of projects for
4 which a willing seller has been identified and for which
5 an appraisal or market research has been initiated.
6 (3) Concurrent with the annual budget submission of
7 the President for fiscal year 2022, the Secretary of the
8 Interior and the Secretary of Agriculture shall each sub-
10 of Representatives and the Senate project data sheets in
11 the same format and containing the same level of detailed
12 information that is found on such sheets in the Budget
13 Justifications annually submitted by the Department of
14 the Interior with the President’s Budget for the projects
15 in the ‘‘Submission of Cost Estimates’’ required by section
16 200303(c)(1) of title 54, United States Code, and in the
17 same format and containing the same level of detailed in-
18 formation that is found on such sheets submitted to the
19 Committees pursuant to section 427 of division D of the
20 Further Consolidated Appropriations Act, 2020 (Public
21 Law 116-94) for the list of supplementary allocations re-
22 quired by paragraph (1), and for the projects in the ‘‘Sub-
23 mission of Annual List of Projects to Congress’’ required
24 by section 200402(h) of title 54, United States Code.
December 21, 2020 (12:59 p.m.)

894
1 (e) The Department of the Interior and the Depart-
2 ment of Agriculture shall provide the Committees on Ap-
3 propriations of the House of Representatives and Senate
4 quarterly reports on the status of balances for amounts
5 allocated pursuant to subsections (a)(1) and (b)(1) of this
6 section, including all uncommitted, committed, and unobli-
7 gated funds.
8 (f) Expenditures made or obligations incurred under
9 the heading ‘‘United States Fish and Wildlife Service—
10 Land Acquisition’’ and for the Appraisal and Valuation
11 Services Office under the heading ‘‘Departmental Of-
12 fices—Office of the Secretary—Departmental Operations’’
13 pursuant to the Continuing Appropriations Act, 2021
14 (Public Law 116–159) shall be charged to the applicable
15 appropriation, account allocation, fund, or authorization
16 pursuant to section 200303 of title 54, United States
17 Code.
18 TIMBER SALE REQUIREMENTS
19 SEC. 435. No timber sale in Alaska’s Region 10 shall

20 be advertised if the indicated rate is deficit (defined as
21 the value of the timber is not sufficient to cover all logging
22 and stumpage costs and provide a normal profit and risk
23 allowance under the Forest Service’s appraisal process)
24 when appraised using a residual value appraisal. The west-
25 ern red cedar timber from those sales which is surplus
December 21, 2020 (12:59 p.m.)

895
1 to the needs of the domestic processors in Alaska, shall
2 be made available to domestic processors in the contiguous
3 48 United States at prevailing domestic prices. All addi-
4 tional western red cedar volume not sold to Alaska or con-
5 tiguous 48 United States domestic processors may be ex-
6 ported to foreign markets at the election of the timber sale
7 holder. All Alaska yellow cedar may be sold at prevailing
8 export prices at the election of the timber sale holder.
9 PROHIBITION ON USE OF FUNDS

11 law, none of the funds made available in this Act or any
12 other Act may be used to promulgate or implement any
13 regulation requiring the issuance of permits under title V
14 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
15 dioxide, nitrous oxide, water vapor, or methane emissions
16 resulting from biological processes associated with live-
17 stock production.
18 GREENHOUSE GAS REPORTING RESTRICTIONS

20 law, none of the funds made available in this or any other
21 Act may be used to implement any provision in a rule,
22 if that provision requires mandatory reporting of green-
23 house gas emissions from manure management systems.
December 21, 2020 (12:59 p.m.)

896
1 FUNDING PROHIBITION

3 or any other Act may be used to regulate the lead content
4 of ammunition, ammunition components, or fishing tackle
5 under the Toxic Substances Control Act (15 U.S.C. 2601
6 et seq.) or any other law.
7 POLICIES RELATING TO BIOMASS ENERGY
8 SEC. 439. To support the key role that forests in the

9 United States can play in addressing the energy needs of
10 the United States, the Secretary of Energy, the Secretary
11 of Agriculture, and the Administrator of the Environ-
12 mental Protection Agency shall, consistent with their mis-
13 sions, jointly—
14 (1) ensure that Federal policy relating to forest
15 bioenergy—
16 (A) is consistent across all Federal depart-
17 ments and agencies; and
18 (B) recognizes the full benefits of the use
19 of forest biomass for energy, conservation, and
20 responsible forest management; and
21 (2) establish clear and simple policies for the
22 use of forest biomass as an energy solution, includ-
23 ing policies that—
24 (A) reflect the carbon-neutrality of forest
25 bioenergy and recognize biomass as a renewable
December 21, 2020 (12:59 p.m.)

897
1 energy source, provided the use of forest bio-
2 mass for energy production does not cause con-
3 version of forests to non-forest use;
4 (B) encourage private investment through-
5 out the forest biomass supply chain, including
6 in—
7 (i) working forests;
8 (ii) harvesting operations;
9 (iii) forest improvement operations;
10 (iv) forest bioenergy production;
11 (v) wood products manufacturing; or
12 (vi) paper manufacturing;
13 (C) encourage forest management to im-
14 prove forest health; and
15 (D) recognize State initiatives to produce
16 and use forest biomass.
17 SMALL REMOTE INCINERATORS

19 Act may be used to implement or enforce the regulation
20 issued on March 21, 2011 at 40 CFR part 60 subparts
21 CCCC and DDDD with respect to units in the State of
22 Alaska that are defined as ‘‘small, remote incinerator’’
23 units in those regulations and, until a subsequent regula-
24 tion is issued, the Administrator shall implement the law
25 and regulations in effect prior to such date.
December 21, 2020 (12:59 p.m.)

898
1 This division may be cited as the ‘‘Department of the
2 Interior, Environment, and Related Agencies Appropria-
3 tions Act, 2021’’.
December 21, 2020 (12:59 p.m.)

899
1 DIVISION H—DEPARTMENTS OF LABOR,
2 HEALTH AND HUMAN SERVICES, AND
3 EDUCATION, AND RELATED AGENCIES
5 TITLE I
6 DEPARTMENT OF LABOR
7 EMPLOYMENT AND TRAINING ADMINISTRATION
8 TRAINING AND EMPLOYMENT SERVICES
9 For necessary expenses of the Workforce Innovation

10 and Opportunity Act (referred to in this Act as ‘‘WIOA’’)
11 and the National Apprenticeship Act, $3,663,200,000,
12 plus reimbursements, shall be available. Of the amounts
13 provided:
14 (1) for grants to States for adult employment
15 and training activities, youth activities, and dis-
16 located worker employment and training activities,
17 $2,845,332,000 as follows:
18 (A) $862,649,000 for adult employment
19 and training activities, of which $150,649,000
20 shall be available for the period July 1, 2021
21 through June 30, 2022, and of which
22 $712,000,000 shall be available for the period
23 October 1, 2021 through June 30, 2022;
December 21, 2020 (12:59 p.m.)

900
1 (B) $921,130,000 for youth activities,
2 which shall be available for the period April 1,
3 2021 through June 30, 2022; and
4 (C) $1,061,553,000 for dislocated worker
5 employment and training activities, of which
7 July 1, 2021 through June 30, 2022, and of
8 which $860,000,000 shall be available for the
9 period October 1, 2021 through June 30, 2022:
10 Provided, That the funds available for allotment to
11 outlying areas to carry out subtitle B of title I of the
12 WIOA shall not be subject to the requirements of
13 section 127(b)(1)(B)(ii) of such Act; and
14 (2) for national programs, $817,868,000 as fol-
15 lows:
16 (A) $280,859,000 for the dislocated work-
17 ers assistance national reserve, of which
19 July 1, 2021 through September 30, 2022, and
20 of which $200,000,000 shall be available for the
21 period October 1, 2021 through September 30,
22 2022: Provided, That funds provided to carry
23 out section 132(a)(2)(A) of the WIOA may be
24 used to provide assistance to a State for state-
25 wide or local use in order to address cases
December 21, 2020 (12:59 p.m.)

901
1 where there have been worker dislocations
2 across multiple sectors or across multiple local
3 areas and such workers remain dislocated; co-
4 ordinate the State workforce development plan
5 with emerging economic development needs; and
6 train such eligible dislocated workers: Provided
7 further, That funds provided to carry out sec-
8 tions 168(b) and 169(c) of the WIOA may be
9 used for technical assistance and demonstration
10 projects, respectively, that provide assistance to
11 new entrants in the workforce and incumbent
12 workers: Provided further, That notwithstanding
13 section 168(b) of the WIOA, of the funds pro-
14 vided under this subparagraph, the Secretary of
15 Labor (referred to in this title as ‘‘Secretary’’)
16 may reserve not more than 10 percent of such
17 funds to provide technical assistance and carry
18 out additional activities related to the transition
19 to the WIOA: Provided further, That of the
20 funds provided under this subparagraph,
21 $80,000,000 shall be for training and employ-
22 ment assistance under sections 168(b), 169(c)
23 (notwithstanding the 10 percent limitation in
24 such section) and 170 of the WIOA as follows:
December 21, 2020 (12:59 p.m.)

902
1 (i) $35,000,000 shall be for workers
2 in the Appalachian region, as defined by
3 40 U.S.C. 14102(a)(1) and workers in the
4 Lower Mississippi, as defined in section
5 4(2) of the Delta Development Act (Public
6 Law 100–460, 102 Stat. 2246; 7 U.S.C.
7 2009aa(2));
8 (ii) $45,000,000 shall be for the pur-
9 pose of developing, offering, or improving
10 educational or career training programs at
11 community colleges, defined as public insti-
12 tutions of higher education, as described in
13 section 101(a) of the Higher Education
14 Act of 1965 and at which the associate’s
15 degree is primarily the highest degree
16 awarded, with other eligible institutions of
17 higher education, as defined in section
18 101(a) of the Higher Education Act of
19 1965, eligible to participate through con-
20 sortia, with community colleges as the lead
21 grantee: Provided, That the Secretary shall
22 follow the requirements for the program in
23 House Report 116–62 and in the explana-
24 tory statement accompanying this Act:
25 Provided further, That any grant funds
December 21, 2020 (12:59 p.m.)

903
1 used for apprenticeships shall be used to
2 support only apprenticeship programs reg-
3 istered under the National Apprenticeship
4 Act and as referred to in section 3(7)(B)
5 of the WIOA;
6 (B) $55,500,000 for Native American pro-
7 grams under section 166 of the WIOA, which
9 through June 30, 2022;
10 (C) $93,896,000 for migrant and seasonal
11 farmworker programs under section 167 of the
12 WIOA, including $87,083,000 for formula
13 grants (of which not less than 70 percent shall
14 be for employment and training services),
15 $6,256,000 for migrant and seasonal housing
16 (of which not less than 70 percent shall be for
17 permanent housing), and $557,000 for other
18 discretionary purposes, which shall be available
19 for the period April 1, 2021 through June 30,
20 2022: Provided, That notwithstanding any
21 other provision of law or related regulation, the
22 Department of Labor shall take no action lim-
23 iting the number or proportion of eligible par-
24 ticipants receiving related assistance services or
25 discouraging grantees from providing such serv-
December 21, 2020 (12:59 p.m.)

904
1 ices: Provided further, That notwithstanding the
2 definition of ‘‘eligible seasonal farmworker’’ in
3 section 167(i)(3)(A) of the WIOA relating to an
4 individual being ‘‘low-income’’, an individual is
5 eligible for migrant and seasonal farmworker
6 programs under section 167 of the WIOA under
7 that definition if, in addition to meeting the re-
8 quirements of clauses (i) and (ii) of section
9 167(i)(3)(A), such individual is a member of a
10 family with a total family income equal to or
11 less than 150 percent of the poverty line;
12 (D) $96,534,000 for YouthBuild activities
13 as described in section 171 of the WIOA, which
14 shall be available for the period April 1, 2021
16 (E) $100,079,000 for ex-offender activi-
17 ties, under the authority of section 169 of the
18 WIOA, which shall be available for the period
19 April 1, 2021 through June 30, 2022: Provided,
20 That of this amount, $25,000,000 shall be for
21 competitive grants to national and regional
22 intermediaries for activities that prepare for
23 employment young adults with criminal records,
24 young adults who have been justice system-in-
25 volved, or young adults who have dropped out
December 21, 2020 (12:59 p.m.)

905
1 of school or other educational programs, with a
2 priority for projects serving high-crime, high-
3 poverty areas;
4 (F) $6,000,000 for the Workforce Data
5 Quality Initiative, under the authority of section
6 169 of the WIOA, which shall be available for
7 the period July 1, 2021 through June 30,
8 2022; and
9 (G) $185,000,000 to expand opportunities
10 through apprenticeships only registered under
11 the National Apprenticeship Act and as referred
12 to in section 3(7)(B) of the WIOA, to be avail-
13 able to the Secretary to carry out activities
14 through grants, cooperative agreements, con-
15 tracts and other arrangements, with States and
16 other appropriate entities, including equity
17 intermediaries and business and labor industry
18 partner intermediaries, which shall be available
19 for the period July 1, 2021 through June 30,
20 2022.
21 JOB CORPS
23 To carry out subtitle C of title I of the WIOA, includ-

24 ing Federal administrative expenses, the purchase and
25 hire of passenger motor vehicles, the construction, alter-
December 21, 2020 (12:59 p.m.)

906
1 ation, and repairs of buildings and other facilities, and the
2 purchase of real property for training centers as author-
3 ized by the WIOA, $1,748,655,000, plus reimbursements,
4 as follows:
5 (1) $1,603,325,000 for Job Corps Operations,
6 which shall be available for the period July 1, 2021
8 (2) $113,000,000 for construction, rehabilita-
9 tion and acquisition of Job Corps Centers, which
11 through June 30, 2024, and which may include the
12 acquisition, maintenance, and repair of major items
13 of equipment: Provided, That the Secretary may
14 transfer up to 15 percent of such funds to meet the
15 operational needs of such centers or to achieve ad-
16 ministrative efficiencies: Provided further, That any
17 funds transferred pursuant to the preceding provi-
18 sion shall not be available for obligation after June
19 30, 2022: Provided further, That the Committees on
20 Appropriations of the House of Representatives and
21 the Senate are notified at least 15 days in advance
22 of any transfer; and
23 (3) $32,330,000 for necessary expenses of Job
24 Corps, which shall be available for obligation for the
December 21, 2020 (12:59 p.m.)

907
1 period October 1, 2020 through September 30,
2 2021:
3 Provided, That no funds from any other appropriation
4 shall be used to provide meal services at or for Job Corps
5 centers.
6 COMMUNITY SERVICE EMPLOYMENT FOR OLDER
7 AMERICANS
8 To carry out title V of the Older Americans Act of

9 1965 (referred to in this Act as ‘‘OAA’’), $405,000,000,
10 which shall be available for the period April 1, 2021
11 through June 30, 2022, and may be recaptured and reobli-
12 gated in accordance with section 517(c) of the OAA.
13 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
14 For payments during fiscal year 2021 of trade ad-

15 justment benefit payments and allowances under part I
16 of subchapter B of chapter 2 of title II of the Trade Act
17 of 1974, and section 246 of that Act; and for training,
18 employment and case management services, allowances for
19 job search and relocation, and related State administrative
20 expenses under part II of subchapter B of chapter 2 of
21 title II of the Trade Act of 1974, and including benefit
22 payments, allowances, training, employment and case
23 management services, and related State administration
24 provided pursuant to section 231(a) of the Trade Adjust-
25 ment Assistance Extension Act of 2011 and section 405(a)
December 21, 2020 (12:59 p.m.)

908
1 of the Trade Preferences Extension Act of 2015,
2 $633,600,000 together with such amounts as may be nec-
3 essary to be charged to the subsequent appropriation for
4 payments for any period subsequent to September 15,
5 2021: Provided, That notwithstanding section 502 of this
6 Act, any part of the appropriation provided under this
7 heading may remain available for obligation beyond the
8 current fiscal year pursuant to the authorities of section
9 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
10 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
11 SERVICE OPERATIONS
12 For authorized administrative expenses,

13 $84,066,000, together with not to exceed $3,332,583,000
14 which may be expended from the Employment Security
15 Administration Account in the Unemployment Trust Fund
16 (‘‘the Trust Fund’’), of which—
17 (1) $2,565,816,000 from the Trust Fund is for
18 grants to States for the administration of State un-
19 employment insurance laws as authorized under title
20 III of the Social Security Act (including not less
21 than $200,000,000 to carry out reemployment serv-
22 ices and eligibility assessments under section 306 of
23 such Act, any claimants of regular compensation, as
24 defined in such section, including those who are
25 profiled as most likely to exhaust their benefits, may
December 21, 2020 (12:59 p.m.)

909
1 be eligible for such services and assessments: Pro-
2 vided, That of such amount, $117,000,000 is speci-
3 fied for grants under section 306 of the Social Secu-
4 rity Act and is provided to meet the terms of section
5 251(b)(2)(E)(ii) of the Balanced Budget and Emer-
6 gency Deficit Control Act of 1985, as amended, and
7 $83,000,000 is additional new budget authority
8 specified for purposes of section 251(b)(2)(E)(i)(II)
9 of such Act; and $9,000,000 for continued support
10 of the Unemployment Insurance Integrity Center of
11 Excellence), the administration of unemployment in-
12 surance for Federal employees and for ex-service
13 members as authorized under 5 U.S.C. 8501–8523,
14 and the administration of trade readjustment allow-
15 ances, reemployment trade adjustment assistance,
16 and alternative trade adjustment assistance under
17 the Trade Act of 1974 and under section 231(a) of
18 the Trade Adjustment Assistance Extension Act of
19 2011 and section 405(a) of the Trade Preferences
20 Extension Act of 2015, and shall be available for ob-
21 ligation by the States through December 31, 2021,
22 except that funds used for automation shall be avail-
23 able for Federal obligation through December 31,
24 2021, and for State obligation through September
25 30, 2023, or, if the automation is being carried out
December 21, 2020 (12:59 p.m.)

910
1 through consortia of States, for State obligation
2 through September 30, 2027, and for expenditure
3 through September 30, 2028, and funds for competi-
4 tive grants awarded to States for improved oper-
5 ations and to conduct in-person reemployment and
6 eligibility assessments and unemployment insurance
7 improper payment reviews and provide reemploy-
8 ment services and referrals to training, as appro-
9 priate, shall be available for Federal obligation
10 through December 31, 2021, and for obligation by
11 the States through September 30, 2023, and funds
12 for the Unemployment Insurance Integrity Center of
13 Excellence shall be available for obligation by the
14 State through September 30, 2022, and funds used
15 for unemployment insurance workloads experienced
16 through September 30, 2021 shall be available for
17 Federal obligation through December 31, 2021;
18 (2) $18,000,000 from the Trust Fund is for na-
19 tional activities necessary to support the administra-
20 tion of the Federal-State unemployment insurance
21 system;
22 (3) $648,639,000 from the Trust Fund, to-
23 gether with $21,413,000 from the General Fund of
24 the Treasury, is for grants to States in accordance
25 with section 6 of the Wagner-Peyser Act, and shall
December 21, 2020 (12:59 p.m.)

911
1 be available for Federal obligation for the period
2 July 1, 2021 through June 30, 2022;
3 (4) $22,318,000 from the Trust Fund is for na-
4 tional activities of the Employment Service, includ-
5 ing administration of the work opportunity tax cred-
6 it under section 51 of the Internal Revenue Code of
7 1986 (including assisting States in adopting or mod-
8 ernizing information technology for use in the proc-
9 essing of certification requests), and the provision of
10 technical assistance and staff training under the
11 Wagner-Peyser Act;
12 (5) $77,810,000 from the Trust Fund is for the
13 administration of foreign labor certifications and re-
14 lated activities under the Immigration and Nation-
15 ality Act and related laws, of which $57,528,000
16 shall be available for the Federal administration of
17 such activities, and $20,282,000 shall be available
18 for grants to States for the administration of such
19 activities; and
20 (6) $62,653,000 from the General Fund is to
21 provide workforce information, national electronic
22 tools, and one-stop system building under the Wag-
23 ner-Peyser Act and shall be available for Federal ob-
24 ligation for the period July 1, 2021 through June
25 30, 2022:
December 21, 2020 (12:59 p.m.)

912
1 Provided, That to the extent that the Average Weekly In-
2 sured Unemployment (‘‘AWIU’’) for fiscal year 2021 is
3 projected by the Department of Labor to exceed
4 1,728,000, an additional $28,600,000 from the Trust
5 Fund shall be available for obligation for every 100,000
6 increase in the AWIU level (including a pro rata amount
7 for any increment less than 100,000) to carry out title
8 III of the Social Security Act: Provided further, That
9 funds appropriated in this Act that are allotted to a State
10 to carry out activities under title III of the Social Security
11 Act may be used by such State to assist other States in
12 carrying out activities under such title III if the other
13 States include areas that have suffered a major disaster
14 declared by the President under the Robert T. Stafford
15 Disaster Relief and Emergency Assistance Act: Provided
16 further, That the Secretary may use funds appropriated
17 for grants to States under title III of the Social Security
18 Act to make payments on behalf of States for the use of
19 the National Directory of New Hires under section
20 453(j)(8) of such Act: Provided further, That the Sec-
21 retary may use funds appropriated for grants to States
22 under title III of the Social Security Act to make pay-
23 ments on behalf of States to the entity operating the State
24 Information Data Exchange System: Provided further,
25 That funds appropriated in this Act which are used to es-
December 21, 2020 (12:59 p.m.)

913
1 tablish a national one-stop career center system, or which
2 are used to support the national activities of the Federal-
3 State unemployment insurance, employment service, or
4 immigration programs, may be obligated in contracts,
5 grants, or agreements with States and non-State entities:
6 Provided further, That States awarded competitive grants
7 for improved operations under title III of the Social Secu-
8 rity Act, or awarded grants to support the national activi-
9 ties of the Federal-State unemployment insurance system,
10 may award subgrants to other States and non-State enti-
11 ties under such grants, subject to the conditions applicable
12 to the grants: Provided further, That funds appropriated
13 under this Act for activities authorized under title III of
14 the Social Security Act and the Wagner-Peyser Act may
15 be used by States to fund integrated Unemployment In-
16 surance and Employment Service automation efforts, not-
17 withstanding cost allocation principles prescribed under
18 the final rule entitled ‘‘Uniform Administrative Require-
19 ments, Cost Principles, and Audit Requirements for Fed-
20 eral Awards’’ at part 200 of title 2, Code of Federal Regu-
21 lations: Provided further, That the Secretary, at the re-
22 quest of a State participating in a consortium with other
23 States, may reallot funds allotted to such State under title
24 III of the Social Security Act to other States participating
25 in the consortium or to the entity operating the Unemploy-
December 21, 2020 (12:59 p.m.)

914
1 ment Insurance Information Technology Support Center
2 in order to carry out activities that benefit the administra-
3 tion of the unemployment compensation law of the State
4 making the request: Provided further, That the Secretary
5 may collect fees for the costs associated with additional
6 data collection, analyses, and reporting services relating
7 to the National Agricultural Workers Survey requested by
8 State and local governments, public and private institu-
9 tions of higher education, and nonprofit organizations and
10 may utilize such sums, in accordance with the provisions
11 of 29 U.S.C. 9a, for the National Agricultural Workers
12 Survey infrastructure, methodology, and data to meet the
13 information collection and reporting needs of such entities,
14 which shall be credited to this appropriation and shall re-
15 main available until September 30, 2022, for such pur-
16 poses.
17 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND
18 OTHER FUNDS
19 For repayable advances to the Unemployment Trust

20 Fund as authorized by sections 905(d) and 1203 of the
21 Social Security Act, and to the Black Lung Disability
22 Trust Fund as authorized by section 9501(c)(1) of the In-
23 ternal Revenue Code of 1986; and for nonrepayable ad-
24 vances to the revolving fund established by section 901(e)
25 of the Social Security Act, to the Unemployment Trust
December 21, 2020 (12:59 p.m.)

915
1 Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal
2 Unemployment Benefits and Allowances’’ account, such
3 sums as may be necessary, which shall be available for
4 obligation through September 30, 2022.
5 PROGRAM ADMINISTRATION
6 For expenses of administering employment and train-

7 ing programs, $108,674,000, together with not to exceed
8 $49,982,000 which may be expended from the Employ-
9 ment Security Administration Account in the Unemploy-
10 ment Trust Fund.
11 EMPLOYEE BENEFITS SECURITY ADMINISTRATION
13 For necessary expenses for the Employee Benefits

14 Security Administration, $181,000,000, of which up to
15 $3,000,000 shall be made available through September 30,
16 2022, for the procurement of expert witnesses for enforce-
17 ment litigation.
18 PENSION BENEFIT GUARANTY CORPORATION
19 PENSION BENEFIT GUARANTY CORPORATION FUND
20 The Pension Benefit Guaranty Corporation (‘‘Cor-

21 poration’’) is authorized to make such expenditures, in-
22 cluding financial assistance authorized by subtitle E of
23 title IV of the Employee Retirement Income Security Act
24 of 1974, within limits of funds and borrowing authority
25 available to the Corporation, and in accord with law, and
December 21, 2020 (12:59 p.m.)

916
1 to make such contracts and commitments without regard
2 to fiscal year limitations, as provided by 31 U.S.C. 9104,
3 as may be necessary in carrying out the program, includ-
4 ing associated administrative expenses, through Sep-
5 tember 30, 2021, for the Corporation: Provided, That
6 none of the funds available to the Corporation for fiscal
7 year 2021 shall be available for obligations for administra-
8 tive expenses in excess of $465,289,000: Provided further,
9 That to the extent that the number of new plan partici-
10 pants in plans terminated by the Corporation exceeds
11 100,000 in fiscal year 2021, an amount not to exceed an
12 additional $9,200,000 shall be available through Sep-
13 tember 30, 2025, for obligations for administrative ex-
14 penses for every 20,000 additional terminated partici-
15 pants: Provided further, That obligations in excess of the
16 amounts provided for administrative expenses in this para-
17 graph may be incurred and shall be available through Sep-
18 tember 30, 2025 for obligation for unforeseen and extraor-
19 dinary pre-termination or termination expenses or extraor-
20 dinary multiemployer program related expenses after ap-
21 proval by the Office of Management and Budget and noti-
22 fication of the Committees on Appropriations of the House
23 of Representatives and the Senate: Provided further, That
24 an additional amount shall be available for obligation
25 through September 30, 2025 to the extent the Corpora-
December 21, 2020 (12:59 p.m.)

917
1 tion’s costs exceed $250,000 for the provision of credit or
2 identity monitoring to affected individuals upon suffering
3 a security incident or privacy breach, not to exceed an ad-
4 ditional $100 per affected individual.
5 WAGE AND HOUR DIVISION
7 For necessary expenses for the Wage and Hour Divi-

8 sion, including reimbursement to State, Federal, and local
9 agencies and their employees for inspection services ren-
10 dered, $246,000,000.
11 OFFICE OF LABOR-MANAGEMENT STANDARDS
13 For necessary expenses for the Office of Labor-Man-

14 agement Standards, $44,437,000.
15 OFFICE OF FEDERAL CONTRACT COMPLIANCE
16 PROGRAMS
18 For necessary expenses for the Office of Federal Con-

19 tract Compliance Programs, $105,976,000.
20 OFFICE OF WORKERS’ COMPENSATION PROGRAMS
22 For necessary expenses for the Office of Workers’

23 Compensation Programs, $115,424,000, together with
24 $2,177,000 which may be expended from the Special Fund
December 21, 2020 (12:59 p.m.)

918
1 in accordance with sections 39(c), 44(d), and 44(j) of the
2 Longshore and Harbor Workers’ Compensation Act.
3 SPECIAL BENEFITS
5 For the payment of compensation, benefits, and ex-

6 penses (except administrative expenses) accruing during
7 the current or any prior fiscal year authorized by 5 U.S.C.
8 81; continuation of benefits as provided for under the
9 heading ‘‘Civilian War Benefits’’ in the Federal Security
10 Agency Appropriation Act, 1947; the Employees’ Com-
11 pensation Commission Appropriation Act, 1944; section
12 5(f) of the War Claims Act (50 U.S.C. App. 2012); obliga-
13 tions incurred under the War Hazards Compensation Act
14 (42 U.S.C. 1701 et seq.); and 50 percent of the additional
15 compensation and benefits required by section 10(h) of the
16 Longshore and Harbor Workers’ Compensation Act,
17 $239,000,000, together with such amounts as may be nec-
18 essary to be charged to the subsequent year appropriation
19 for the payment of compensation and other benefits for
20 any period subsequent to August 15 of the current year,
21 for deposit into and to assume the attributes of the Em-
22 ployees’ Compensation Fund established under 5 U.S.C.
23 8147(a): Provided, That amounts appropriated may be
24 used under 5 U.S.C. 8104 by the Secretary to reimburse
25 an employer, who is not the employer at the time of injury,
December 21, 2020 (12:59 p.m.)

919
1 for portions of the salary of a re-employed, disabled bene-
2 ficiary: Provided further, That balances of reimbursements
3 unobligated on September 30, 2020, shall remain available
4 until expended for the payment of compensation, benefits,
5 and expenses: Provided further, That in addition there
6 shall be transferred to this appropriation from the Postal
7 Service and from any other corporation or instrumentality
8 required under 5 U.S.C. 8147(c) to pay an amount for
9 its fair share of the cost of administration, such sums as
10 the Secretary determines to be the cost of administration
11 for employees of such fair share entities through Sep-
12 tember 30, 2021: Provided further, That of those funds
13 transferred to this account from the fair share entities to
14 pay the cost of administration of the Federal Employees’
15 Compensation Act, $80,257,000 shall be made available
16 to the Secretary as follows:
17 (1) For enhancement and maintenance of auto-
18 mated data processing systems operations and tele-
19 communications systems, $27,220,000;
20 (2) For automated workload processing oper-
21 ations, including document imaging, centralized mail
22 intake, and medical bill processing, $25,647,000;
23 (3) For periodic roll disability management and
24 medical review, $25,648,000;
25 (4) For program integrity, $1,742,000; and
December 21, 2020 (12:59 p.m.)

920
1 (5) The remaining funds shall be paid into the
2 Treasury as miscellaneous receipts:
3 Provided further, That the Secretary may require that any
4 person filing a notice of injury or a claim for benefits
5 under 5 U.S.C. 81, or the Longshore and Harbor Work-
6 ers’ Compensation Act, provide as part of such notice and
7 claim, such identifying information (including Social Secu-
8 rity account number) as such regulations may prescribe.
9 SPECIAL BENEFITS FOR DISABLED COAL MINERS
10 For carrying out title IV of the Federal Mine Safety

11 and Health Act of 1977, as amended by Public Law 107–
12 275, $40,970,000, to remain available until expended.
13 For making after July 31 of the current fiscal year,
14 benefit payments to individuals under title IV of such Act,
15 for costs incurred in the current fiscal year, such amounts
16 as may be necessary.
17 For making benefit payments under title IV for the
18 first quarter of fiscal year 2022, $14,000,000, to remain
20 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES
21 OCCUPATIONAL ILLNESS COMPENSATION FUND
22 For necessary expenses to administer the Energy

23 Employees Occupational Illness Compensation Program
24 Act, $62,507,000, to remain available until expended: Pro-
25 vided, That the Secretary may require that any person fil-
December 21, 2020 (12:59 p.m.)

921
1 ing a claim for benefits under the Act provide as part of
2 such claim such identifying information (including Social
3 Security account number) as may be prescribed.
4 BLACK LUNG DISABILITY TRUST FUND
6 Such sums as may be necessary from the Black Lung

7 Disability Trust Fund (the ‘‘Fund’’), to remain available
8 until expended, for payment of all benefits authorized by
9 section 9501(d)(1), (2), (6), and (7) of the Internal Rev-
10 enue Code of 1986; and repayment of, and payment of
11 interest on advances, as authorized by section 9501(d)(4)
12 of that Act. In addition, the following amounts may be
13 expended from the Fund for fiscal year 2021 for expenses
14 of operation and administration of the Black Lung Bene-
15 fits program, as authorized by section 9501(d)(5): not to
16 exceed $40,643,000 for transfer to the Office of Workers’
17 Compensation Programs, ‘‘Salaries and Expenses’’; not to
18 exceed $33,033,000 for transfer to Departmental Manage-
19 ment, ‘‘Salaries and Expenses’’; not to exceed $333,000
20 for transfer to Departmental Management, ‘‘Office of In-
21 spector General’’; and not to exceed $356,000 for pay-
22 ments into miscellaneous receipts for the expenses of the
23 Department of the Treasury.
December 21, 2020 (12:59 p.m.)

922
1 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
3 For necessary expenses for the Occupational Safety

4 and Health Administration, $591,787,000, including not
5 to exceed $110,075,000 which shall be the maximum
6 amount available for grants to States under section 23(g)
7 of the Occupational Safety and Health Act (the ‘‘Act’’),
8 which grants shall be no less than 50 percent of the costs
9 of State occupational safety and health programs required
10 to be incurred under plans approved by the Secretary
11 under section 18 of the Act; and, in addition, notwith-
12 standing 31 U.S.C. 3302, the Occupational Safety and
13 Health Administration may retain up to $499,000 per fis-
14 cal year of training institute course tuition and fees, other-
15 wise authorized by law to be collected, and may utilize
16 such sums for occupational safety and health training and
17 education: Provided, That notwithstanding 31 U.S.C.
18 3302, the Secretary is authorized, during the fiscal year
19 ending September 30, 2021, to collect and retain fees for
20 services provided to Nationally Recognized Testing Lab-
21 oratories, and may utilize such sums, in accordance with
22 the provisions of 29 U.S.C. 9a, to administer national and
23 international laboratory recognition programs that ensure
24 the safety of equipment and products used by workers in
25 the workplace: Provided further, That none of the funds
December 21, 2020 (12:59 p.m.)

923
1 appropriated under this paragraph shall be obligated or
2 expended to prescribe, issue, administer, or enforce any
3 standard, rule, regulation, or order under the Act which
4 is applicable to any person who is engaged in a farming
5 operation which does not maintain a temporary labor
6 camp and employs 10 or fewer employees: Provided fur-
7 ther, That no funds appropriated under this paragraph
8 shall be obligated or expended to administer or enforce
9 any standard, rule, regulation, or order under the Act with
10 respect to any employer of 10 or fewer employees who is
11 included within a category having a Days Away, Re-
12 stricted, or Transferred (‘‘DART’’) occupational injury
13 and illness rate, at the most precise industrial classifica-
14 tion code for which such data are published, less than the
15 national average rate as such rates are most recently pub-
16 lished by the Secretary, acting through the Bureau of
17 Labor Statistics, in accordance with section 24 of the Act,
18 except—
19 (1) to provide, as authorized by the Act, con-
20 sultation, technical assistance, educational and train-
21 ing services, and to conduct surveys and studies;
22 (2) to conduct an inspection or investigation in
23 response to an employee complaint, to issue a cita-
24 tion for violations found during such inspection, and
25 to assess a penalty for violations which are not cor-
December 21, 2020 (12:59 p.m.)

924
1 rected within a reasonable abatement period and for
2 any willful violations found;
3 (3) to take any action authorized by the Act
4 with respect to imminent dangers;
6 with respect to health hazards;
8 with respect to a report of an employment accident
9 which is fatal to one or more employees or which re-
10 sults in hospitalization of two or more employees,
11 and to take any action pursuant to such investiga-
12 tion authorized by the Act; and
14 with respect to complaints of discrimination against
15 employees for exercising rights under the Act:
16 Provided further, That the foregoing proviso shall not
17 apply to any person who is engaged in a farming operation
18 which does not maintain a temporary labor camp and em-
19 ploys 10 or fewer employees: Provided further, That
20 $11,787,000 shall be available for Susan Harwood train-
21 ing grants, of which not less than $4,500,000 is for Susan
22 Harwood Training Capacity Building Developmental
23 grants, as described in Funding Opportunity Number
24 SHTG–FY–16–02 (referenced in the notice of availability
25 of funds published in the Federal Register on May 3, 2016
December 21, 2020 (12:59 p.m.)

925
1 (81 Fed. Reg. 30568)) for program activities starting not
2 later than September 30, 2021 and lasting for a period
3 of 12 months: Provided further, That not less than
4 $3,500,000 shall be for Voluntary Protection Programs.
5 MINE SAFETY AND HEALTH ADMINISTRATION
7 For necessary expenses for the Mine Safety and

8 Health Administration, $379,816,000, including purchase
9 and bestowal of certificates and trophies in connection
10 with mine rescue and first-aid work, and the hire of pas-
11 senger motor vehicles, including up to $2,000,000 for
12 mine rescue and recovery activities and not less than
13 $10,537,000 for State assistance grants: Provided, That
14 notwithstanding 31 U.S.C. 3302, not to exceed $750,000
15 may be collected by the National Mine Health and Safety
16 Academy for room, board, tuition, and the sale of training
17 materials, otherwise authorized by law to be collected, to
18 be available for mine safety and health education and
19 training activities: Provided further, That notwithstanding
20 31 U.S.C. 3302, the Mine Safety and Health Administra-
21 tion is authorized to collect and retain up to $2,499,000
22 from fees collected for the approval and certification of
23 equipment, materials, and explosives for use in mines, and
24 may utilize such sums for such activities: Provided further,
25 That the Secretary is authorized to accept lands, build-
December 21, 2020 (12:59 p.m.)

926
1 ings, equipment, and other contributions from public and
2 private sources and to prosecute projects in cooperation
3 with other agencies, Federal, State, or private: Provided
4 further, That the Mine Safety and Health Administration
5 is authorized to promote health and safety education and
6 training in the mining community through cooperative
7 programs with States, industry, and safety associations:
8 Provided further, That the Secretary is authorized to rec-
9 ognize the Joseph A. Holmes Safety Association as a prin-
10 cipal safety association and, notwithstanding any other
11 provision of law, may provide funds and, with or without
12 reimbursement, personnel, including service of Mine Safe-
13 ty and Health Administration officials as officers in local
14 chapters or in the national organization: Provided further,
15 That any funds available to the Department of Labor may
16 be used, with the approval of the Secretary, to provide
17 for the costs of mine rescue and survival operations in the
18 event of a major disaster.
19 BUREAU OF LABOR STATISTICS
21 For necessary expenses for the Bureau of Labor Sta-

22 tistics, including advances or reimbursements to State,
23 Federal, and local agencies and their employees for serv-
24 ices rendered, $587,000,000, together with not to exceed
25 $68,000,000 which may be expended from the Employ-
December 21, 2020 (12:59 p.m.)

927
1 ment Security Administration account in the Unemploy-
2 ment Trust Fund.
3 Within this amount, $13,000,000 to remain available
4 until September 30, 2024, for costs associated with the
5 physical move of the Bureau of Labor Statistics’ head-
6 quarters, including replication of space, furniture, fix-
7 tures, equipment, and related costs, as well as relocation
8 of the data center to a shared facility.
9 OFFICE OF DISABILITY EMPLOYMENT POLICY
11 For necessary expenses for the Office of Disability

12 Employment Policy to provide leadership, develop policy
13 and initiatives, and award grants furthering the objective
14 of eliminating barriers to the training and employment of
15 people with disabilities, $38,500,000.
19 For necessary expenses for Departmental Manage-

20 ment, including the hire of three passenger motor vehicles,
21 $349,056,000, together with not to exceed $308,000,
22 which may be expended from the Employment Security
23 Administration account in the Unemployment Trust
24 Fund: Provided, That $67,325,000 for the Bureau of
25 International Labor Affairs shall be available for obliga-
December 21, 2020 (12:59 p.m.)

928
1 tion through December 31, 2021: Provided further, That
2 funds available to the Bureau of International Labor Af-
3 fairs may be used to administer or operate international
4 labor activities, bilateral and multilateral technical assist-
5 ance, and microfinance programs, by or through contracts,
6 grants, subgrants and other arrangements: Provided fur-
7 ther, That not more than $53,825,000 shall be for pro-
8 grams to combat exploitative child labor internationally
9 and not less than $13,500,000 shall be used to implement
10 model programs that address worker rights issues through
11 technical assistance in countries with which the United
12 States has free trade agreements or trade preference pro-
13 grams: Provided further, That $8,040,000 shall be used
14 for program evaluation and shall be available for obliga-
15 tion through September 30, 2022: Provided further, That
16 funds available for program evaluation may be used to ad-
17 minister grants for the purpose of evaluation: Provided
18 further, That grants made for the purpose of evaluation
19 shall be awarded through fair and open competition: Pro-
20 vided further, That funds available for program evaluation
21 may be transferred to any other appropriate account in
22 the Department for such purpose: Provided further, That
24 resentatives and the Senate are notified at least 15 days
25 in advance of any transfer: Provided further, That the
December 21, 2020 (12:59 p.m.)

929
1 funds available to the Women’s Bureau may be used for
2 grants to serve and promote the interests of women in the
3 workforce: Provided further, That of the amounts made
4 available to the Women’s Bureau, not less than
5 $1,794,000 shall be used for grants authorized by the
6 Women in Apprenticeship and Nontraditional Occupations
7 Act.
8 VETERANS’ EMPLOYMENT AND TRAINING
9 Not to exceed $258,841,000 may be derived from the

10 Employment Security Administration account in the Un-
11 employment Trust Fund to carry out the provisions of
12 chapters 41, 42, and 43 of title 38, United States Code,
13 of which—
14 (1) $180,000,000 is for Jobs for Veterans State
15 grants under 38 U.S.C. 4102A(b)(5) to support dis-
16 abled veterans’ outreach program specialists under
17 section 4103A of such title and local veterans’ em-
18 ployment representatives under section 4104(b) of
19 such title, and for the expenses described in section
20 4102A(b)(5)(C), which shall be available for expend-
21 iture by the States through September 30, 2023,
22 and not to exceed 3 percent for the necessary Fed-
23 eral expenditures for data systems and contract sup-
24 port to allow for the tracking of participant and per-
25 formance information: Provided, That, in addition,
December 21, 2020 (12:59 p.m.)

930
1 such funds may be used to support such specialists
2 and representatives in the provision of services to
3 transitioning members of the Armed Forces who
4 have participated in the Transition Assistance Pro-
5 gram and have been identified as in need of inten-
6 sive services, to members of the Armed Forces who
7 are wounded, ill, or injured and receiving treatment
8 in military treatment facilities or warrior transition
9 units, and to the spouses or other family caregivers
10 of such wounded, ill, or injured members;
11 (2) $31,379,000 is for carrying out the Transi-
12 tion Assistance Program under 38 U.S.C. 4113 and
13 10 U.S.C. 1144;
14 (3) $44,048,000 is for Federal administration
15 of chapters 41, 42, and 43 of title 38, and sections
16 2021, 2021A and 2023 of title 38, United States
17 Code: Provided, That, up to $500,000 may be used
18 to carry out the Hire VETS Act (division O of Pub-
19 lic Law 115–31); and
20 (4) $3,414,000 is for the National Veterans’
21 Employment and Training Services Institute under
22 38 U.S.C. 4109:
23 Provided, That the Secretary may reallocate among the
24 appropriations provided under paragraphs (1) through (4)
December 21, 2020 (12:59 p.m.)

931
1 above an amount not to exceed 3 percent of the appropria-
2 tion from which such reallocation is made.
3 In addition, from the General Fund of the Treasury,
4 $57,500,000 is for carrying out programs to assist home-
5 less veterans and veterans at risk of homelessness who are
6 transitioning from certain institutions under sections
7 2021, 2021A, and 2023 of title 38, United States Code:
8 Provided, That notwithstanding subsections (c)(3) and (d)
9 of section 2023, the Secretary may award grants through
10 September 30, 2021, to provide services under such sec-
11 tion: Provided further, That services provided under sec-
12 tions 2021 or under 2021A may include, in addition to
13 services to homeless veterans described in section
14 2002(a)(1), services to veterans who were homeless at
15 some point within the 60 days prior to program entry or
16 veterans who are at risk of homelessness within the next
17 60 days, and that services provided under section 2023
18 may include, in addition to services to the individuals de-
19 scribed in subsection (e) of such section, services to vet-
20 erans recently released from incarceration who are at risk
21 of homelessness: Provided further, That notwithstanding
22 paragraph (3) under this heading, funds appropriated in
23 this paragraph may be used for data systems and contract
24 support to allow for the tracking of participant and per-
25 formance information: Provided further, That notwith-
December 21, 2020 (12:59 p.m.)

932
1 standing sections 2021(e)(2) and 2021A(f)(2) of title 38,
2 United States Code, such funds shall be available for ex-
3 penditure pursuant to 31 U.S.C. 1553.
4 In addition, fees may be assessed and deposited in
5 the HIRE Vets Medallion Award Fund pursuant to sec-
6 tion 5(b) of the HIRE Vets Act, and such amounts shall
7 be available to the Secretary to carry out the HIRE Vets
8 Medallion Award Program, as authorized by such Act, and
9 shall remain available until expended: Provided, That such
10 sums shall be in addition to any other funds available for
11 such purposes, including funds available under paragraph
12 (3) of this heading: Provided further, That section 2(d)
13 of division O of the Consolidated Appropriations Act, 2017
14 (Public Law 115–31; 38 U.S.C. 4100 note) shall not
15 apply.
16 IT MODERNIZATION
17 For necessary expenses for Department of Labor cen-

18 tralized infrastructure technology investment activities re-
19 lated to support systems and modernization, $27,269,000,
20 which shall be available through September 30, 2022.
22 For salaries and expenses of the Office of Inspector

24 General Act of 1978, $85,187,000, together with not to
25 exceed $5,660,000 which may be expended from the Em-
December 21, 2020 (12:59 p.m.)

933
1 ployment Security Administration account in the Unem-
2 ployment Trust Fund.
5 for the Job Corps shall be used to pay the salary and bo-
6 nuses of an individual, either as direct costs or any prora-
7 tion as an indirect cost, at a rate in excess of Executive
8 Level II.
10 SEC. 102. Not to exceed 1 percent of any discre-

11 tionary funds (pursuant to the Balanced Budget and
12 Emergency Deficit Control Act of 1985) which are appro-
13 priated for the current fiscal year for the Department of
14 Labor in this Act may be transferred between a program,
15 project, or activity, but no such program, project, or activ-
16 ity shall be increased by more than 3 percent by any such
17 transfer: Provided, That the transfer authority granted by
18 this section shall not be used to create any new program
19 or to fund any project or activity for which no funds are
20 provided in this Act: Provided further, That the Commit-
23 of any transfer.
24 SEC. 103. In accordance with Executive Order
25 13126, none of the funds appropriated or otherwise made
December 21, 2020 (12:59 p.m.)

934
1 available pursuant to this Act shall be obligated or ex-
2 pended for the procurement of goods mined, produced,
3 manufactured, or harvested or services rendered, in whole
4 or in part, by forced or indentured child labor in industries
5 and host countries already identified by the United States
6 Department of Labor prior to enactment of this Act.
7 SEC. 104. Except as otherwise provided in this sec-
8 tion, none of the funds made available to the Department
9 of Labor for grants under section 414(c) of the American
10 Competitiveness and Workforce Improvement Act of 1998
11 (29 U.S.C. 2916a) may be used for any purpose other
12 than competitive grants for training individuals who are
13 older than 16 years of age and are not currently enrolled
14 in school within a local educational agency in the occupa-
15 tions and industries for which employers are using H–1B
16 visas to hire foreign workers, and the related activities
17 necessary to support such training.
19 Act under the heading ‘‘Employment and Training Ad-
20 ministration’’ shall be used by a recipient or subrecipient
21 of such funds to pay the salary and bonuses of an indi-
22 vidual, either as direct costs or indirect costs, at a rate
23 in excess of Executive Level II. This limitation shall not
24 apply to vendors providing goods and services as defined
25 in Office of Management and Budget Circular A–133.
December 21, 2020 (12:59 p.m.)

935
1 Where States are recipients of such funds, States may es-
2 tablish a lower limit for salaries and bonuses of those re-
3 ceiving salaries and bonuses from subrecipients of such
4 funds, taking into account factors including the relative
5 cost-of-living in the State, the compensation levels for
6 comparable State or local government employees, and the
7 size of the organizations that administer Federal pro-
8 grams involved including Employment and Training Ad-
9 ministration programs.
11 SEC. 106. (a) Notwithstanding section 102, the Sec-

12 retary may transfer funds made available to the Employ-
13 ment and Training Administration by this Act, either di-
14 rectly or through a set-aside, for technical assistance serv-
15 ices to grantees to ‘‘Program Administration’’ when it is
16 determined that those services will be more efficiently per-
17 formed by Federal employees: Provided, That this section
18 shall not apply to section 171 of the WIOA.
19 (b) Notwithstanding section 102, the Secretary may
20 transfer not more than 0.5 percent of each discretionary
21 appropriation made available to the Employment and
22 Training Administration by this Act to ‘‘Program Admin-
23 istration’’ in order to carry out program integrity activities
24 relating to any of the programs or activities that are fund-
25 ed under any such discretionary appropriations: Provided,
December 21, 2020 (12:59 p.m.)

936
1 That notwithstanding section 102 and the preceding pro-
2 viso, the Secretary may transfer not more than 0.5 percent
3 of funds made available in paragraphs (1) and (2) of the
4 ‘‘Office of Job Corps’’ account to paragraph (3) of such
5 account to carry out program integrity activities related
6 to the Job Corps program: Provided further, That funds
7 transferred under the authority provided by this sub-
8 section shall be available for obligation through September
9 30, 2022.
11 SEC. 107. (a) The Secretary may reserve not more

12 than 0.75 percent from each appropriation made available
13 in this Act identified in subsection (b) in order to carry
14 out evaluations of any of the programs or activities that
15 are funded under such accounts. Any funds reserved under
16 this section shall be transferred to ‘‘Departmental Man-
17 agement’’ for use by the Office of the Chief Evaluation
18 Officer within the Department of Labor, and shall be
19 available for obligation through September 30, 2022: Pro-
20 vided, That such funds shall only be available if the Chief
21 Evaluation Officer of the Department of Labor submits
22 a plan to the Committees on Appropriations of the House
23 of Representatives and the Senate describing the evalua-
24 tions to be carried out 15 days in advance of any transfer.
December 21, 2020 (12:59 p.m.)

937
1 (b) The accounts referred to in subsection (a) are:
2 ‘‘Training and Employment Services’’, ‘‘Job Corps’’,
3 ‘‘Community Service Employment for Older Americans’’,
4 ‘‘State Unemployment Insurance and Employment Service
5 Operations’’, ‘‘Employee Benefits Security Administra-
6 tion’’, ‘‘Office of Workers’ Compensation Programs’’,
7 ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract
8 Compliance Programs’’, ‘‘Office of Labor Management
9 Standards’’, ‘‘Occupational Safety and Health Adminis-
10 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of-
11 fice of Disability Employment Policy’’, funding made
12 available to the ‘‘Bureau of International Labor Affairs’’
13 and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man-
14 agement, Salaries and Expenses’’ account, and ‘‘Veterans’
15 Employment and Training’’.
16 SEC. 108. (a) Section 7 of the Fair Labor Standards
17 Act of 1938 (29 U.S.C. 207) shall be applied as if the
18 following text is part of such section:
19 ‘‘(s)(1) The provisions of this section shall not apply
20 for a period of 2 years after the occurrence of a major
21 disaster to any employee—
22 ‘‘(A) employed to adjust or evaluate claims
23 resulting from or relating to such major dis-
24 aster, by an employer not engaged, directly or
25 through an affiliate, in underwriting, selling, or
December 21, 2020 (12:59 p.m.)

938
1 marketing property, casualty, or liability insur-
2 ance policies or contracts;
3 ‘‘(B) who receives from such employer on
4 average weekly compensation of not less than
5 $591.00 per week or any minimum weekly
6 amount established by the Secretary, whichever
7 is greater, for the number of weeks such em-
8 ployee is engaged in any of the activities de-
9 scribed in subparagraph (C); and
10 ‘‘(C) whose duties include any of the fol-
11 lowing:
12 ‘‘(i) interviewing insured individuals,
13 individuals who suffered injuries or other
14 damages or losses arising from or relating
15 to a disaster, witnesses, or physicians;
16 ‘‘(ii) inspecting property damage or
17 reviewing factual information to prepare
18 damage estimates;
19 ‘‘(iii) evaluating and making rec-
20 ommendations regarding coverage or com-
21 pensability of claims or determining liabil-
22 ity or value aspects of claims;
23 ‘‘(iv) negotiating settlements; or
24 ‘‘(v) making recommendations regard-
25 ing litigation.
December 21, 2020 (12:59 p.m.)

939
1 ‘‘(2) The exemption in this subsection shall not
2 affect the exemption provided by section 13(a)(1).
3 ‘‘(3) For purposes of this subsection—
4 ‘‘(A) the term ‘major disaster’ means any
5 disaster or catastrophe declared or designated
6 by any State or Federal agency or department;
7 ‘‘(B) the term ‘employee employed to ad-
8 just or evaluate claims resulting from or relat-
9 ing to such major disaster’ means an individual
10 who timely secured or secures a license required
11 by applicable law to engage in and perform the
12 activities described in clauses (i) through (v) of
13 paragraph (1)(C) relating to a major disaster,
14 and is employed by an employer that maintains
15 worker compensation insurance coverage or pro-
16 tection for its employees, if required by applica-
17 ble law, and withholds applicable Federal,
18 State, and local income and payroll taxes from
19 the wages, salaries and any benefits of such em-
20 ployees; and
21 ‘‘(C) the term ‘affiliate’ means a company
22 that, by reason of ownership or control of 25
23 percent or more of the outstanding shares of
24 any class of voting securities of one or more
25 companies, directly or indirectly, controls, is
December 21, 2020 (12:59 p.m.)

940
1 controlled by, or is under common control with,
2 another company.’’.
3 (b) This section shall be effective on the date of en-
4 actment of this Act.
5 SEC. 109. (a) FLEXIBILITY WITH RESPECT TO THE
6 CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE
7 SEAFOOD INDUSTRY.—
8 (1) IN GENERAL.—Subject to paragraph (2), if
9 a petition for H–2B nonimmigrants filed by an em-
10 ployer in the seafood industry is granted, the em-
11 ployer may bring the nonimmigrants described in
12 the petition into the United States at any time dur-
13 ing the 120-day period beginning on the start date
14 for which the employer is seeking the services of the
15 nonimmigrants without filing another petition.
16 (2) REQUIREMENTS FOR CROSSINGS AFTER
17 90TH DAY.—An employer in the seafood industry

18 may not bring H–2B nonimmigrants into the United
19 States after the date that is 90 days after the start
20 date for which the employer is seeking the services
21 of the nonimmigrants unless the employer—
22 (A) completes a new assessment of the
23 local labor market by—
24 (i) listing job orders in local news-
25 papers on 2 separate Sundays; and
December 21, 2020 (12:59 p.m.)

941
1 (ii) posting the job opportunity on the
2 appropriate Department of Labor Elec-
3 tronic Job Registry and at the employer’s
4 place of employment; and
5 (B) offers the job to an equally or better
6 qualified United States worker who—
7 (i) applies for the job; and
8 (ii) will be available at the time and
9 place of need.
10 (3) EXEMPTION FROM RULES WITH RESPECT
11 TO STAGGERING.—The Secretary of Labor shall not

12 consider an employer in the seafood industry who
13 brings H–2B nonimmigrants into the United States
14 during the 120-day period specified in paragraph (1)
15 to be staggering the date of need in violation of sec-
16 tion 655.20(d) of title 20, Code of Federal Regula-
17 tions, or any other applicable provision of law.
18 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec-
19 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad-
20 mitted to the United States pursuant to section
21 101(a)(15)(H)(ii)(B) of the Immigration and Nationality
22 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
23 SEC. 110. The determination of prevailing wage for
24 the purposes of the H–2B program shall be the greater
25 of—(1) the actual wage level paid by the employer to other
December 21, 2020 (12:59 p.m.)

942
1 employees with similar experience and qualifications for
2 such position in the same location; or (2) the prevailing
3 wage level for the occupational classification of the posi-
4 tion in the geographic area in which the H–2B non-
5 immigrant will be employed, based on the best information
6 available at the time of filing the petition. In the deter-
7 mination of prevailing wage for the purposes of the H–
8 2B program, the Secretary shall accept private wage sur-
9 veys even in instances where Occupational Employment
10 Statistics survey data are available unless the Secretary
11 determines that the methodology and data in the provided
12 survey are not statistically supported.
14 to enforce the definition of corresponding employment
15 found in 20 CFR 655.5 or the three-fourths guarantee
16 rule definition found in 20 CFR 655.20, or any references
17 thereto. Further, for the purpose of regulating admission
18 of temporary workers under the H–2B program, the defi-
19 nition of temporary need shall be that provided in 8 CFR
20 214.2(h)(6)(ii)(B).
22 law, the Secretary may furnish through grants, coopera-
23 tive agreements, contracts, and other arrangements, up to
24 $2,000,000 of excess personal property, at a value deter-
December 21, 2020 (12:59 p.m.)

943
1 mined by the Secretary, to apprenticeship programs for
2 the purpose of training apprentices in those programs.
3 SEC. 113. (a) The Act entitled ‘‘An Act to create a
4 Department of Labor’’, approved March 4, 1913 (37 Stat.
5 736, chapter 141) shall be applied as if the following text
6 is part of such Act:
7 ‘‘SEC. 12. SECURITY DETAIL.
8 ‘‘(a) IN GENERAL.—The Secretary of Labor is au-

9 thorized to employ law enforcement officers or special
10 agents to—
11 ‘‘(1) provide protection for the Secretary of
12 Labor during the workday of the Secretary and dur-
13 ing any activity that is preliminary or postliminary
14 to the performance of official duties by the Sec-
15 retary;
16 ‘‘(2) provide protection, incidental to the protec-
17 tion provided to the Secretary, to a member of the
18 immediate family of the Secretary who is partici-
19 pating in an activity or event relating to the official
20 duties of the Secretary;
21 ‘‘(3) provide continuous protection to the Sec-
22 retary (including during periods not described in
23 paragraph (1)) and to the members of the imme-
24 diate family of the Secretary if there is a unique and
December 21, 2020 (12:59 p.m.)

944
1 articulable threat of physical harm, in accordance
2 with guidelines established by the Secretary; and
3 ‘‘(4) provide protection to the Deputy Secretary
4 of Labor or another senior officer representing the
5 Secretary of Labor at a public event if there is a
6 unique and articulable threat of physical harm, in
7 accordance with guidelines established by the Sec-
8 retary.
9 ‘‘(b) AUTHORITIES.—The Secretary of Labor may
10 authorize a law enforcement officer or special agent em-
11 ployed under subsection (a), for the purpose of performing
12 the duties authorized under subsection (a), to—
13 ‘‘(1) carry firearms;
14 ‘‘(2) make arrests without a warrant for any of-
15 fense against the United States committed in the
16 presence of such officer or special agent;
17 ‘‘(3) perform protective intelligence work, in-
18 cluding identifying and mitigating potential threats
19 and conducting advance work to review security mat-
20 ters relating to sites and events;
21 ‘‘(4) coordinate with local law enforcement
22 agencies; and
23 ‘‘(5) initiate criminal and other investigations
24 into potential threats to the security of the Sec-
December 21, 2020 (12:59 p.m.)

945
1 retary, in coordination with the Inspector General of
2 the Department of Labor.
3 ‘‘(c) COMPLIANCE WITH GUIDELINES.—A law en-
4 forcement officer or special agent employed under sub-
5 section (a) shall exercise any authority provided under this
6 section in accordance with any—
7 ‘‘(1) guidelines issued by the Attorney General;
8 and
9 ‘‘(2) guidelines prescribed by the Secretary of
10 Labor.’’.
11 (b) This section shall be effective on the date of en-
13 SEC. 114. The Secretary is authorized to dispose of
14 or divest, by any means the Secretary determines appro-
15 priate, including an agreement or partnership to construct
16 a new Job Corps center, all or a portion of the real prop-
17 erty on which the Treasure Island Job Corps Center is
18 situated. Any sale or other disposition will not be subject
19 to any requirement of any Federal law or regulation relat-
20 ing to the disposition of Federal real property, including
21 but not limited to subchapter III of chapter 5 of title 40
22 of the United States Code and subchapter V of chapter
23 119 of title 42 of the United States Code. The net pro-
24 ceeds of such a sale shall be transferred to the Secretary,
December 21, 2020 (12:59 p.m.)

946
1 which shall be available until expended to carry out the
2 Job Corps Program on Treasure Island.
3 (RESCISSION)
4 SEC. 115. (a) Of the unobligated funds available

5 under section 286(s) of the Immigration and Nationality
6 Act (8 U.S.C. 1356(s)) in an amount that is equal to the
7 amount that became available on October 1, 2020, pursu-
8 ant to the temporary rescission in section 115 of division
9 A of the Further Consolidated Appropriations Act, 2020
10 (Public Law 116–94), $150,000,000 are hereby perma-
11 nently rescinded, as follows: $75,000,000 from the unobli-
12 gated funds available under section 286(s)(2) of such Act;
13 $45,000,000 from the unobligated funds available under
14 section 286(s)(3) of such Act; $15,000,000 from the unob-
15 ligated funds available under section 286(s)(4) of such
16 Act; $7,500,000 from the unobligated funds available
17 under section 286(s)(5) of such Act; and $7,500,000 from
18 the unobligated funds available under section 286(s)(6) of
19 such Act.
20 (b) Of the unobligated funds available under section
21 286(s)(2) of the Immigration and Nationality Act (8
22 U.S.C. 1356(s)(2)), and in addition to the amounts re-
23 scinded in subsection (a), $285,000,000 are hereby perma-
24 nently rescinded not later than September 30, 2021.
December 21, 2020 (12:59 p.m.)

947
2 Act may be used to—
3 (1) alter or terminate the Interagency Agree-
4 ment between the United States Department of
5 Labor and the United States Department of Agri-
6 culture; or
7 (2) close any of the Civilian Conservation Cen-
8 ters, except if such closure is necessary to prevent
9 the endangerment of the health and safety of the
10 students, the capacity of the program is retained,
11 and the requirements of section 159(j) of the WIOA
12 are met.
13 SEC. 117. Paragraph (1) under the heading ‘‘Depart-
14 ment of Labor—Veterans Employment and Training’’ of
15 title I of division A of Public Law 116–94 is amended
16 by striking ‘‘obligation by the States through December
17 31, 2020’’ and inserting ‘‘expenditure by the States
18 through September 30, 2022’’.
19 SEC. 118. The amounts provided by the first proviso
20 following paragraph (6) under the heading ‘‘Department
21 of Labor—Employment and Training Administration—
22 State Unemployment Insurance and Employment Service
23 Operations’’ in title I of this Act are designated by the
24 Congress as being for an emergency requirement pursuant
December 21, 2020 (12:59 p.m.)

948
1 to section 251(b)(2)(A)(i) of the Balanced Budget and
3 This title may be cited as the ‘‘Department of Labor
December 21, 2020 (12:59 p.m.)

949
1 TITLE II
3 SERVICES
4 HEALTH RESOURCES AND SERVICES ADMINISTRATION
5 PRIMARY HEALTH CARE
6 For carrying out titles II and III of the Public Health

7 Service Act (referred to in this Act as the ‘‘PHS Act’’)
8 with respect to primary health care and the Native Hawai-
9 ian Health Care Act of 1988, $1,683,772,000: Provided,
10 That no more than $1,000,000 shall be available until ex-
11 pended for carrying out the provisions of section 224(o)
12 of the PHS Act: Provided further, That no more than
13 $120,000,000 shall be available until expended for car-
14 rying out subsections (g) through (n) and (q) of section
15 224 of the PHS Act, and for expenses incurred by the
16 Department of Health and Human Services (referred to
17 in this Act as ‘‘HHS’’) pertaining to administrative claims
18 made under such law.
19 HEALTH WORKFORCE
20 For carrying out titles III, VII, and VIII of the PHS
21 Act with respect to the health workforce, sections 1128E
22 and 1921 of the Social Security Act, and the Health Care
23 Quality Improvement Act of 1986, $1,224,006,000: Pro-
24 vided, That sections 751(j)(2) and 762(k) of the PHS Act
25 and the proportional funding amounts in paragraphs (1)
December 21, 2020 (12:59 p.m.)

950
1 through (4) of section 756(f) of the PHS Act shall not
2 apply to funds made available under this heading: Pro-
3 vided further, That for any program operating under sec-
4 tion 751 of the PHS Act on or before January 1, 2009,
5 the Secretary of Health and Human Services (referred to
6 in this title as the ‘‘Secretary’’) may hereafter waive any
7 of the requirements contained in sections 751(d)(2)(A)
8 and 751(d)(2)(B) of such Act for the full project period
9 of a grant under such section: Provided further, That no
10 funds shall be available for section 340G–1 of the PHS
11 Act: Provided further, That fees collected for the disclosure
12 of information under section 427(b) of the Health Care
13 Quality Improvement Act of 1986 and sections
14 1128E(d)(2) and 1921 of the Social Security Act shall be
15 sufficient to recover the full costs of operating the pro-
16 grams authorized by such sections and shall remain avail-
17 able until expended for the National Practitioner Data
18 Bank: Provided further, That funds transferred to this ac-
19 count to carry out section 846 and subpart 3 of part D
20 of title III of the PHS Act may be used to make prior
21 year adjustments to awards made under such section and
22 subpart: Provided further, That $120,000,000 shall re-
23 main available until expended for the purposes of pro-
24 viding primary health services, assigning National Health
25 Service Corps (‘‘NHSC’’) members to expand the delivery
December 21, 2020 (12:59 p.m.)

951
1 of substance use disorder treatment services, notwith-
2 standing the assignment priorities and limitations under
3 sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of
4 the PHS Act, and making payments under the NHSC
5 Loan Repayment Program under section 338B of such
6 Act: Provided further, That, within the amount made
7 available in the previous proviso, $15,000,000 shall re-
8 main available until expended for the purposes of making
9 payments under the NHSC Loan Repayment Program
10 under section 338B of the PHS Act to individuals partici-
11 pating in such program who provide primary health serv-
12 ices in Indian Health Service facilities, Tribally-Operated
13 638 Health Programs, and Urban Indian Health Pro-
14 grams (as those terms are defined by the Secretary), not-
15 withstanding the assignment priorities and limitations
16 under section 333(b) of such Act: Provided further, That
17 for purposes of the previous two provisos, section
18 331(a)(3)(D) of the PHS Act shall be applied as if the
19 term ‘‘primary health services’’ includes clinical substance
20 use disorder treatment services, including those provided
21 by masters level, licensed substance use disorder treat-
22 ment counselors: Provided further, That of the funds made
23 available under this heading, $5,000,000 shall be available
24 to make grants to establish or expand optional commu-
25 nity-based nurse practitioner fellowship programs that are
December 21, 2020 (12:59 p.m.)

952
1 accredited or in the accreditation process, with a pref-
2 erence for those in Federally Qualified Health Centers, for
3 practicing postgraduate nurse practitioners in primary
4 care or behavioral health.
5 Of the funds made available under this heading,
7 grants to public institutions of higher education to expand
8 or support graduate education for physicians provided by
9 such institutions: Provided, That, in awarding such
10 grants, the Secretary shall give priority to public institu-
11 tions of higher education located in States with a projected
12 primary care provider shortage in 2025, as determined by
13 the Secretary: Provided further, That grants so awarded
14 are limited to such public institutions of higher education
15 in States in the top quintile of States with a projected
16 primary care provider shortage in 2025, as determined by
17 the Secretary: Provided further, That the minimum
18 amount of a grant so awarded to such an institution shall
19 be not less than $1,000,000 per year: Provided further,
20 That such a grant may be awarded for a period not to
21 exceed 5 years: Provided further, That amounts made
22 available in this paragraph shall be awarded as supple-
23 mental grants to recipients of grants awarded for this pur-
24 pose in fiscal years 2019 and 2020, pursuant to the terms
25 and conditions of each institution’s initial grant agree-
December 21, 2020 (12:59 p.m.)

953
1 ment, in an amount for each institution that will result
2 in every institution being awarded the same total grant
3 amount over fiscal years 2019 through 2021, provided the
4 institution can justify the expenditure of such funds: Pro-
5 vided further, That such a grant awarded with respect to
6 a year to such an institution shall be subject to a matching
7 requirement of non-Federal funds in an amount that is
8 not less than 10 percent of the total amount of Federal
9 funds provided in the grant to such institution with re-
10 spect to such year.
11 MATERNAL AND CHILD HEALTH
12 For carrying out titles III, XI, XII, and XIX of the
13 PHS Act with respect to maternal and child health and
14 title V of the Social Security Act, $975,284,000: Provided,
15 That notwithstanding sections 502(a)(1) and 502(b)(1) of
16 the Social Security Act, not more than $139,116,000 shall
17 be available for carrying out special projects of regional
18 and national significance pursuant to section 501(a)(2) of
19 such Act and $10,276,000 shall be available for projects
20 described in subparagraphs (A) through (F) of section
21 501(a)(3) of such Act.
22 RYAN WHITE HIV/AIDS PROGRAM
23 For carrying out title XXVI of the PHS Act with

24 respect to the Ryan White HIV/AIDS program,
25 $2,423,781,000, of which $1,970,881,000 shall remain
December 21, 2020 (12:59 p.m.)

954
1 available to the Secretary through September 30, 2023,
2 for parts A and B of title XXVI of the PHS Act, and
3 of which not less than $900,313,000 shall be for State
4 AIDS Drug Assistance Programs under the authority of
5 section 2616 or 311(c) of such Act; and of which
7 available to the Secretary for carrying out a program of
8 grants and contracts under title XXVI or section 311(c)
9 of such Act focused on ending the nationwide HIV/AIDS
10 epidemic, with any grants issued under such section
11 311(c) administered in conjunction with title XXVI of the
12 PHS Act, including the limitation on administrative ex-
13 penses.
14 HEALTH CARE SYSTEMS
15 For carrying out titles III and XII of the PHS Act
16 with respect to health care systems, and the Stem Cell
17 Therapeutic and Research Act of 2005, $129,093,000, of
18 which $122,000 shall be available until expended for facili-
19 ties renovations at the Gillis W. Long Hansen’s Disease
20 Center.
21 RURAL HEALTH
22 For carrying out titles III and IV of the PHS Act

23 with respect to rural health, section 427(a) of the Federal
24 Coal Mine Health and Safety Act of 1969, and sections
25 711 and 1820 of the Social Security Act, $329,519,000,
December 21, 2020 (12:59 p.m.)

955
1 of which $55,609,000 from general revenues, notwith-
2 standing section 1820(j) of the Social Security Act, shall
3 be available for carrying out the Medicare rural hospital
4 flexibility grants program: Provided, That of the funds
5 made available under this heading for Medicare rural hos-
6 pital flexibility grants, $20,942,000 shall be available for
7 the Small Rural Hospital Improvement Grant Program
8 for quality improvement and adoption of health informa-
9 tion technology and up to $1,000,000 shall be to carry
10 out section 1820(g)(6) of the Social Security Act, with
11 funds provided for grants under section 1820(g)(6) avail-
12 able for the purchase and implementation of telehealth
13 services, including pilots and demonstrations on the use
14 of electronic health records to coordinate rural veterans
15 care between rural providers and the Department of Vet-
16 erans Affairs electronic health record system: Provided
17 further, That notwithstanding section 338J(k) of the PHS
18 Act, $12,500,000 shall be available for State Offices of
19 Rural Health: Provided further, That $10,500,000 shall
20 remain available through September 30, 2023, to support
21 the Rural Residency Development Program: Provided fur-
22 ther, That $110,000,000 shall be for the Rural Commu-
23 nities Opioids Response Program.
December 21, 2020 (12:59 p.m.)

956
1 FAMILY PLANNING
2 For carrying out the program under title X of the

3 PHS Act to provide for voluntary family planning
4 projects, $286,479,000: Provided, That amounts provided
5 to said projects under such title shall not be expended for
6 abortions, that all pregnancy counseling shall be nondirec-
7 tive, and that such amounts shall not be expended for any
8 activity (including the publication or distribution of lit-
9 erature) that in any way tends to promote public support
10 or opposition to any legislative proposal or candidate for
11 public office.
12 PROGRAM MANAGEMENT
13 For program support in the Health Resources and

14 Services Administration, $155,300,000: Provided, That
15 funds made available under this heading may be used to
16 supplement program support funding provided under the
17 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’,
18 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS
19 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’.
20 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
21 For payments from the Vaccine Injury Compensation

22 Program Trust Fund (the ‘‘Trust Fund’’), such sums as
23 may be necessary for claims associated with vaccine-re-
24 lated injury or death with respect to vaccines administered
25 after September 30, 1988, pursuant to subtitle 2 of title
December 21, 2020 (12:59 p.m.)

957
1 XXI of the PHS Act, to remain available until expended:
2 Provided, That for necessary administrative expenses, not
3 to exceed $11,200,000 shall be available from the Trust
4 Fund to the Secretary.
5 CENTERS FOR DISEASE CONTROL AND PREVENTION
6 IMMUNIZATION AND RESPIRATORY DISEASES
7 For carrying out titles II, III, XVII, and XXI, and
8 section 2821 of the PHS Act, titles II and IV of the Immi-
9 gration and Nationality Act, and section 501 of the Ref-
10 ugee Education Assistance Act, with respect to immuniza-
11 tion and respiratory diseases, $448,805,000.
12 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED
13 DISEASES, AND TUBERCULOSIS PREVENTION
14 For carrying out titles II, III, XVII, and XXIII of

15 the PHS Act with respect to HIV/AIDS, viral hepatitis,
16 sexually transmitted diseases, and tuberculosis prevention,
17 $1,314,056,000.
18 EMERGING AND ZOONOTIC INFECTIOUS DISEASES
19 For carrying out titles II, III, and XVII, and section
20 2821 of the PHS Act, titles II and IV of the Immigration
21 and Nationality Act, and section 501 of the Refugee Edu-
22 cation Assistance Act, with respect to emerging and
23 zoonotic infectious diseases, $596,272,000: Provided, That
24 of the amounts made available under this heading, up to
25 $1,000,000 shall remain available until expended to pay
December 21, 2020 (12:59 p.m.)

958
1 for the transportation, medical care, treatment, and other
2 related costs of persons quarantined or isolated under
3 Federal or State quarantine law.
4 CHRONIC DISEASE PREVENTION AND HEALTH
5 PROMOTION
6 For carrying out titles II, III, XI, XV, XVII, and
7 XIX of the PHS Act with respect to chronic disease pre-
8 vention and health promotion, $1,021,714,000: Provided,
9 That funds made available under this heading may be
10 available for making grants under section 1509 of the
11 PHS Act for not less than 21 States, tribes, or tribal orga-
12 nizations: Provided further, That of the funds made avail-
13 able under this heading, $15,000,000 shall be available to
14 continue and expand community specific extension and
15 outreach programs to combat obesity in counties with the
16 highest levels of obesity: Provided further, That the pro-
17 portional funding requirements under section 1503(a) of
18 the PHS Act shall not apply to funds made available
19 under this heading.
20 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES,
21 DISABILITIES AND HEALTH
22 For carrying out titles II, III, XI, and XVII of the
23 PHS Act with respect to birth defects, developmental dis-
24 abilities, disabilities and health, $167,810,000.
December 21, 2020 (12:59 p.m.)

959
1 PUBLIC HEALTH SCIENTIFIC SERVICES
2 For carrying out titles II, III, and XVII of the PHS
3 Act with respect to health statistics, surveillance, health
4 informatics, and workforce development, $591,997,000.
5 ENVIRONMENTAL HEALTH
7 Act with respect to environmental health, $205,850,000.
8 INJURY PREVENTION AND CONTROL
10 Act with respect to injury prevention and control,
11 $682,879,000.
12 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND
13 HEALTH
15 Act, sections 101, 102, 103, 201, 202, 203, 301, and 501
16 of the Federal Mine Safety and Health Act, section 13
17 of the Mine Improvement and New Emergency Response
18 Act, and sections 20, 21, and 22 of the Occupational Safe-
19 ty and Health Act, with respect to occupational safety and
20 health, $345,300,000.
21 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
22 COMPENSATION PROGRAM
23 For necessary expenses to administer the Energy

24 Employees Occupational Illness Compensation Program
25 Act, $55,358,000, to remain available until expended: Pro-
December 21, 2020 (12:59 p.m.)

960
1 vided, That this amount shall be available consistent with
2 the provision regarding administrative expenses in section
3 151(b) of division B, title I of Public Law 106–554.
4 GLOBAL HEALTH
6 Act with respect to global health, $592,843,000, of which:
7 (1) $128,421,000 shall remain available through Sep-
8 tember 30, 2022 for international HIV/AIDS; and (2)
9 $193,400,000 shall remain available through September
10 30, 2023 for global disease detection and emergency re-
11 sponse: Provided, That funds may be used for purchase
12 and insurance of official motor vehicles in foreign coun-
13 tries.
14 PUBLIC HEALTH PREPAREDNESS AND RESPONSE
16 Act with respect to public health preparedness and re-
17 sponse, and for expenses necessary to support activities
18 related to countering potential biological, nuclear, radio-
19 logical, and chemical threats to civilian populations,
20 $842,200,000: Provided, That the Director of the Centers
21 for Disease Control and Prevention (referred to in this
22 title as ‘‘CDC’’) or the Administrator of the Agency for
23 Toxic Substances and Disease Registry may detail staff
24 without reimbursement to support an activation of the
25 CDC Emergency Operations Center, so long as the Direc-
December 21, 2020 (12:59 p.m.)

961
1 tor or Administrator, as applicable, provides a notice to
3 resentatives and the Senate within 15 days of the use of
4 this authority, a full report within 30 days after use of
5 this authority which includes the number of staff and
6 funding level broken down by the originating center and
7 number of days detailed, and an update of such report
8 every 180 days until staff are no longer on detail without
9 reimbursement to the CDC Emergency Operations Center.
12 For acquisition of real property, equipment, construc-

13 tion, installation, demolition, and renovation of facilities,
14 $30,000,000, which shall remain available until September
15 30, 2025: Provided, That funds made available to this ac-
16 count in this or any prior Act that are available for the
17 acquisition of real property or for construction or improve-
18 ment of facilities shall be available to make improvements
19 on non-federally owned property, provided that any im-
20 provements that are not adjacent to federally owned prop-
21 erty do not exceed $2,500,000, and that the primary ben-
22 efit of such improvements accrues to CDC: Provided fur-
23 ther, That funds previously set-aside by CDC for repair
24 and upgrade of the Lake Lynn Experimental Mine and
25 Laboratory shall be used to acquire a replacement mine
December 21, 2020 (12:59 p.m.)

962
1 safety research facility: Provided further, That in addition,
2 the prior year unobligated balance of any amounts as-
3 signed to former employees in accounts of CDC made
4 available for Individual Learning Accounts shall be cred-
5 ited to and merged with the amounts made available under
6 this heading to support the replacement of the mine safety
7 research facility.
8 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
10 For carrying out titles II, III, XVII and XIX, and
11 section 2821 of the PHS Act and for cross-cutting activi-
12 ties and program support for activities funded in other
13 appropriations included in this Act for the Centers for
14 Disease Control and Prevention, $123,570,000: Provided,
15 That paragraphs (1) through (3) of subsection (b) of sec-
16 tion 2821 of the PHS Act shall not apply to funds appro-
17 priated under this heading and in all other accounts of
18 the CDC: Provided further, That of the amounts made
19 available under this heading, $10,000,000, to remain
20 available until expended, shall be available to the Director
21 of the CDC for deposit in the Infectious Diseases Rapid
22 Response Reserve Fund established by section 231 of divi-
23 sion B of Public Law 115–245: Provided further, That
24 funds appropriated under this heading may be used to
25 support a contract for the operation and maintenance of
December 21, 2020 (12:59 p.m.)

963
1 an aircraft in direct support of activities throughout CDC
2 to ensure the agency is prepared to address public health
3 preparedness emergencies: Provided further, That employ-
4 ees of CDC or the Public Health Service, both civilian and
5 commissioned officers, detailed to States, municipalities,
6 or other organizations under authority of section 214 of
7 the PHS Act, or in overseas assignments, shall be treated
8 as non-Federal employees for reporting purposes only and
9 shall not be included within any personnel ceiling applica-
10 ble to the Agency, Service, or HHS during the period of
11 detail or assignment: Provided further, That CDC may use
12 up to $10,000 from amounts appropriated to CDC in this
13 Act for official reception and representation expenses
14 when specifically approved by the Director of CDC: Pro-
15 vided further, That in addition, such sums as may be de-
16 rived from authorized user fees, which shall be credited
17 to the appropriation charged with the cost thereof: Pro-
18 vided further, That with respect to the previous proviso,
19 authorized user fees from the Vessel Sanitation Program
20 and the Respirator Certification Program shall be avail-
21 able through September 30, 2022.
23 NATIONAL CANCER INSTITUTE
24 For carrying out section 301 and title IV of the PHS

25 Act with respect to cancer, $6,364,852,000, of which up
December 21, 2020 (12:59 p.m.)

964
1 to $30,000,000 may be used for facilities repairs and im-
2 provements at the National Cancer Institute—Frederick
3 Federally Funded Research and Development Center in
4 Frederick, Maryland.
5 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

7 Act with respect to cardiovascular, lung, and blood dis-
8 eases, and blood and blood products, $3,664,811,000.
9 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL
10 RESEARCH

12 Act with respect to dental and craniofacial diseases,
13 $484,867,000.
14 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND
15 KIDNEY DISEASES

17 Act with respect to diabetes and digestive and kidney dis-
18 ease, $2,131,975,000.
19 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS
20 AND STROKE

22 Act with respect to neurological disorders and stroke,
23 $2,463,393,000.
December 21, 2020 (12:59 p.m.)

965
1 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS
2 DISEASES

4 Act with respect to allergy and infectious diseases,
5 $6,069,619,000.
6 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

8 Act with respect to general medical sciences,
9 $2,991,417,000, of which $1,271,505,000 shall be from
10 funds available under section 241 of the PHS Act: Pro-
11 vided, That not less than $396,573,000 is provided for
12 the Institutional Development Awards program.
13 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF
14 CHILD HEALTH AND HUMAN DEVELOPMENT

16 Act with respect to child health and human development,
17 $1,590,337,000.
18 NATIONAL EYE INSTITUTE

20 Act with respect to eye diseases and visual disorders,
21 $835,714,000.
December 21, 2020 (12:59 p.m.)

966
1 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH
2 SCIENCES

4 Act with respect to environmental health sciences,
5 $814,675,000.
6 NATIONAL INSTITUTE ON AGING

8 Act with respect to aging, $3,899,227,000.
9 NATIONAL INSTITUTE OF ARTHRITIS AND
10 MUSCULOSKELETAL AND SKIN DISEASES

12 Act with respect to arthritis and musculoskeletal and skin
13 diseases, $634,292,000.
14 NATIONAL INSTITUTE ON DEAFNESS AND OTHER
15 COMMUNICATION DISORDERS

17 Act with respect to deafness and other communication dis-
18 orders, $498,076,000.
19 NATIONAL INSTITUTE OF NURSING RESEARCH

21 Act with respect to nursing research, $174,957,000.
December 21, 2020 (12:59 p.m.)

967
1 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND
2 ALCOHOLISM

4 Act with respect to alcohol abuse and alcoholism,
5 $554,923,000.
6 NATIONAL INSTITUTE ON DRUG ABUSE

8 Act with respect to drug abuse, $1,479,660,000.
9 NATIONAL INSTITUTE OF MENTAL HEALTH

11 Act with respect to mental health, $2,053,708,000.
12 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

14 Act with respect to human genome research,
15 $615,780,000.
16 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND
17 BIOENGINEERING

19 Act with respect to biomedical imaging and bioengineering
20 research, $410,728,000.
21 NATIONAL CENTER FOR COMPLEMENTARY AND
22 INTEGRATIVE HEALTH

24 Act with respect to complementary and integrative health,
25 $154,162,000.
December 21, 2020 (12:59 p.m.)

968
1 NATIONAL INSTITUTE ON MINORITY HEALTH AND
2 HEALTH DISPARITIES

4 Act with respect to minority health and health disparities
5 research, $390,865,000: Provided, That funds may be
6 used to implement a reorganization that is presented to
7 an advisory council in a public meeting and for which the
9 atives and the Senate have been notified 30 days in ad-
10 vance.
11 JOHN E. FOGARTY INTERNATIONAL CENTER
12 For carrying out the activities of the John E. Fogarty

13 International Center (described in subpart 2 of part E of
14 title IV of the PHS Act), $84,044,000.
15 NATIONAL LIBRARY OF MEDICINE

17 Act with respect to health information communications,
18 $463,787,000: Provided, That of the amounts available for
19 improvement of information systems, $4,000,000 shall be
20 available until September 30, 2022: Provided further, That
21 in fiscal year 2021, the National Library of Medicine may
22 enter into personal services contracts for the provision of
23 services in facilities owned, operated, or constructed under
24 the jurisdiction of the National Institutes of Health (re-
25 ferred to in this title as ‘‘NIH’’).
December 21, 2020 (12:59 p.m.)

969
1 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL
2 SCIENCES

4 Act with respect to translational sciences, $855,421,000:
5 Provided, That up to $60,000,000 shall be available to im-
6 plement section 480 of the PHS Act, relating to the Cures
7 Acceleration Network: Provided further, That at least
8 $586,841,000 is provided to the Clinical and Translational
9 Sciences Awards program.
10 OFFICE OF THE DIRECTOR
12 For carrying out the responsibilities of the Office of

13 the Director, NIH, $2,411,110,000: Provided, That fund-
14 ing shall be available for the purchase of not to exceed
15 29 passenger motor vehicles for replacement only: Pro-
16 vided further, That all funds credited to the NIH Manage-
17 ment Fund shall remain available for one fiscal year after
18 the fiscal year in which they are deposited: Provided fur-
19 ther, That $180,000,000 shall be for the Environmental
20 Influences on Child Health Outcomes study: Provided fur-
21 ther, That $635,939,000 shall be available for the Com-
22 mon Fund established under section 402A(c)(1) of the
23 PHS Act: Provided further, That of the funds provided,
24 $10,000 shall be for official reception and representation
25 expenses when specifically approved by the Director of the
December 21, 2020 (12:59 p.m.)

970
1 NIH: Provided further, That the Office of AIDS Research
2 within the Office of the Director of the NIH may spend
3 up to $8,000,000 to make grants for construction or ren-
4 ovation of facilities as provided for in section
5 2354(a)(5)(B) of the PHS Act: Provided further, That
6 $50,000,000 shall be used to carry out section 404I of
7 the PHS Act (42 U.S.C. 283K), relating to biomedical and
8 behavioral research facilities: Provided further, That
10 appropriation for the ‘‘Office of Inspector General’’ for
11 oversight of grant programs and operations of the NIH,
12 including agency efforts to ensure the integrity of its grant
13 application evaluation and selection processes, and shall
14 be in addition to funds otherwise made available for over-
15 sight of the NIH: Provided further, That the funds pro-
16 vided in the previous proviso may be transferred from one
17 specified activity to another with 15 days prior approval
18 of the Committees on Appropriations of the House of Rep-
19 resentatives and the Senate: Provided further, That the In-
20 spector General shall consult with the Committees on Ap-
22 ate before submitting to the Committees an audit plan for
23 fiscal years 2021 and 2022 no later than 30 days after
December 21, 2020 (12:59 p.m.)

971
1 In addition to other funds appropriated for the Com-
2 mon Fund established under section 402A(c) of the PHS
3 Act, $12,600,000 is appropriated to the Common Fund
4 from the 10-year Pediatric Research Initiative Fund de-
5 scribed in section 9008 of title 26, United States Code,
6 for the purpose of carrying out section 402(b)(7)(B)(ii)
7 of the PHS Act (relating to pediatric research), as author-
8 ized in the Gabriella Miller Kids First Research Act.
10 For the study of, construction of, demolition of, ren-

11 ovation of, and acquisition of equipment for, facilities of
12 or used by NIH, including the acquisition of real property,
13 $200,000,000, to remain available through September 30,
14 2025.
15 NIH INNOVATION ACCOUNT, CURES ACT
17 For necessary expenses to carry out the purposes de-

18 scribed in section 1001(b)(4) of the 21st Century Cures
19 Act, in addition to amounts available for such purposes
20 in the appropriations provided to the NIH in this Act,
22 vided, That such amounts are appropriated pursuant to
23 section 1001(b)(3) of such Act, are to be derived from
24 amounts transferred under section 1001(b)(2)(A) of such
25 Act, and may be transferred by the Director of the Na-
December 21, 2020 (12:59 p.m.)

972
1 tional Institutes of Health to other accounts of the Na-
2 tional Institutes of Health solely for the purposes provided
3 in such Act: Provided further, That upon a determination
4 by the Director that funds transferred pursuant to the
5 previous proviso are not necessary for the purposes pro-
6 vided, such amounts may be transferred back to the Ac-
7 count: Provided further, That the transfer authority pro-
8 vided under this heading is in addition to any other trans-
9 fer authority provided by law.
10 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
11 ADMINISTRATION
12 MENTAL HEALTH
13 For carrying out titles III, V, and XIX of the PHS

14 Act with respect to mental health, and the Protection and
15 Advocacy for Individuals with Mental Illness Act,
16 $1,759,236,000: Provided, That of the funds made avail-
17 able under this heading, $71,887,000 shall be for the Na-
18 tional Child Traumatic Stress Initiative: Provided further,
19 That notwithstanding section 520A(f)(2) of the PHS Act,
20 no funds appropriated for carrying out section 520A shall
21 be available for carrying out section 1971 of the PHS Act:
22 Provided further, That in addition to amounts provided
23 herein, $21,039,000 shall be available under section 241
24 of the PHS Act to carry out subpart I of part B of title
25 XIX of the PHS Act to fund section 1920(b) technical
December 21, 2020 (12:59 p.m.)

973
1 assistance, national data, data collection and evaluation
2 activities, and further that the total available under this
3 Act for section 1920(b) activities shall not exceed 5 per-
4 cent of the amounts appropriated for subpart I of part
5 B of title XIX: Provided further, That of the funds made
6 available under this heading for subpart I of part B of
7 title XIX of the PHS Act, $35,000,000 shall be available
8 to support evidence-based crisis systems: Provided further,
9 That up to 10 percent of the amounts made available to
10 carry out the Children’s Mental Health Services program
11 may be used to carry out demonstration grants or con-
12 tracts for early interventions with persons not more than
13 25 years of age at clinical high risk of developing a first
14 episode of psychosis: Provided further, That section
15 520E(b)(2) of the PHS Act shall not apply to funds ap-
16 propriated in this Act for fiscal year 2021: Provided fur-
17 ther, That States shall expend at least 10 percent of the
18 amount each receives for carrying out section 1911 of the
19 PHS Act to support evidence-based programs that address
20 the needs of individuals with early serious mental illness,
21 including psychotic disorders, regardless of the age of the
22 individual at onset: Provided further, That $250,000,000
23 shall be available until September 30, 2023 for grants to
24 communities and community organizations who meet cri-
25 teria for Certified Community Behavioral Health Clinics
December 21, 2020 (12:59 p.m.)

974
1 pursuant to section 223(a) of Public Law 113–93: Pro-
2 vided further, That none of the funds provided for section
3 1911 of the PHS Act shall be subject to section 241 of
4 such Act: Provided further, That of the funds made avail-
5 able under this heading, $21,000,000 shall be to carry out
6 section 224 of the Protecting Access to Medicare Act of
7 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note).
8 SUBSTANCE ABUSE TREATMENT
9 For carrying out titles III and V of the PHS Act

10 with respect to substance abuse treatment and title XIX
11 of such Act with respect to substance abuse treatment and
12 prevention, and the SUPPORT for Patients and Commu-
13 nities Act, $3,773,556,000: Provided, That
14 $1,500,000,000 shall be for State Opioid Response Grants
15 for carrying out activities pertaining to opioids and stimu-
16 lants undertaken by the State agency responsible for ad-
17 ministering the substance abuse prevention and treatment
18 block grant under subpart II of part B of title XIX of
19 the PHS Act (42 U.S.C. 300x–21 et seq.): Provided fur-
20 ther, That of such amount $50,000,000 shall be made
21 available to Indian Tribes or tribal organizations: Provided
22 further, That 15 percent of the remaining amount shall
23 be for the States with the highest mortality rate related
24 to opioid use disorders: Provided further, That of the
25 amounts provided for State Opioid Response Grants not
December 21, 2020 (12:59 p.m.)

975
1 more than 2 percent shall be available for Federal admin-
2 istrative expenses, training, technical assistance, and eval-
3 uation: Provided further, That of the amount not reserved
4 by the previous three provisos, the Secretary shall make
5 allocations to States, territories, and the District of Co-
6 lumbia according to a formula using national survey re-
7 sults that the Secretary determines are the most objective
8 and reliable measure of drug use and drug-related deaths:
9 Provided further, That the Secretary shall submit the for-
10 mula methodology to the Committees on Appropriations
11 of the House of Representatives and the Senate not less
12 than 15 days prior to publishing a Funding Opportunity
13 Announcement: Provided further, That prevention and
14 treatment activities funded through such grants may in-
15 clude education, treatment (including the provision of
16 medication), behavioral health services for individuals in
17 treatment programs, referral to treatment services, recov-
18 ery support, and medical screening associated with such
19 treatment: Provided further, That each State, as well as
20 the District of Columbia, shall receive not less than
21 $4,000,000: Provided further, That in addition to amounts
22 provided herein, the following amounts shall be available
23 under section 241 of the PHS Act: (1) $79,200,000 to
24 carry out subpart II of part B of title XIX of the PHS
25 Act to fund section 1935(b) technical assistance, national
December 21, 2020 (12:59 p.m.)

976
1 data, data collection and evaluation activities, and further
2 that the total available under this Act for section 1935(b)
3 activities shall not exceed 5 percent of the amounts appro-
4 priated for subpart II of part B of title XIX; and (2)
5 $2,000,000 to evaluate substance abuse treatment pro-
6 grams: Provided further, That none of the funds provided
7 for section 1921 of the PHS Act or State Opioid Response
8 Grants shall be subject to section 241 of such Act.
9 SUBSTANCE ABUSE PREVENTION
10 For carrying out titles III and V of the PHS Act

11 with respect to substance abuse prevention, $208,219,000.
12 HEALTH SURVEILLANCE AND PROGRAM SUPPORT
13 For program support and cross-cutting activities that

14 supplement activities funded under the headings ‘‘Mental
15 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance
16 Abuse Prevention’’ in carrying out titles III, V, and XIX
17 of the PHS Act and the Protection and Advocacy for Indi-
18 viduals with Mental Illness Act in the Substance Abuse
19 and Mental Health Services Administration,
20 $128,830,000: Provided, That in addition to amounts pro-
21 vided herein, $31,428,000 shall be available under section
22 241 of the PHS Act to supplement funds available to
23 carry out national surveys on drug abuse and mental
24 health, to collect and analyze program data, and to con-
25 duct public awareness and technical assistance activities:
December 21, 2020 (12:59 p.m.)

977
1 Provided further, That, in addition, fees may be collected
2 for the costs of publications, data, data tabulations, and
3 data analysis completed under title V of the PHS Act and
4 provided to a public or private entity upon request, which
5 shall be credited to this appropriation and shall remain
6 available until expended for such purposes: Provided fur-
7 ther, That amounts made available in this Act for carrying
8 out section 501(o) of the PHS Act shall remain available
9 through September 30, 2022: Provided further, That
10 funds made available under this heading may be used to
11 supplement program support funding provided under the
12 headings ‘‘Mental Health’’, ‘‘Substance Abuse Treat-
13 ment’’, and ‘‘Substance Abuse Prevention’’.
14 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
15 HEALTHCARE RESEARCH AND QUALITY
16 For carrying out titles III and IX of the PHS Act,

17 part A of title XI of the Social Security Act, and section
18 1013 of the Medicare Prescription Drug, Improvement,
19 and Modernization Act of 2003, $338,000,000: Provided,
20 That section 947(c) of the PHS Act shall not apply in
21 fiscal year 2021: Provided further, That in addition,
22 amounts received from Freedom of Information Act fees,
23 reimbursable and interagency agreements, and the sale of
24 data shall be credited to this appropriation and shall re-
December 21, 2020 (12:59 p.m.)

978
1 CENTERS FOR MEDICARE & MEDICAID SERVICES
2 GRANTS TO STATES FOR MEDICAID
3 For carrying out, except as otherwise provided, titles

4 XI and XIX of the Social Security Act, $313,904,098,000,
6 For making, after May 31, 2021, payments to States
7 under title XIX or in the case of section 1928 on behalf
8 of States under title XIX of the Social Security Act for
9 the last quarter of fiscal year 2021 for unanticipated costs
10 incurred for the current fiscal year, such sums as may be
11 necessary.
12 For making payments to States or in the case of sec-
13 tion 1928 on behalf of States under title XIX of the Social
14 Security Act for the first quarter of fiscal year 2022,
16 Payment under such title XIX may be made for any
17 quarter with respect to a State plan or plan amendment
18 in effect during such quarter, if submitted in or prior to
19 such quarter and approved in that or any subsequent
20 quarter.
21 PAYMENTS TO THE HEALTH CARE TRUST FUNDS
22 For payment to the Federal Hospital Insurance

23 Trust Fund and the Federal Supplementary Medical In-
24 surance Trust Fund, as provided under sections 217(g),
25 1844, and 1860D–16 of the Social Security Act, sections
December 21, 2020 (12:59 p.m.)

979
1 103(c) and 111(d) of the Social Security Amendments of
2 1965, section 278(d)(3) of Public Law 97–248, and for
3 administrative expenses incurred pursuant to section
4 201(g) of the Social Security Act, $439,514,000,000.
5 In addition, for making matching payments under
6 section 1844 and benefit payments under section 1860D–
7 16 of the Social Security Act that were not anticipated
8 in budget estimates, such sums as may be necessary.
9 PROGRAM MANAGEMENT

11 XI, XVIII, XIX, and XXI of the Social Security Act, titles
12 XIII and XXVII of the PHS Act, the Clinical Laboratory
13 Improvement Amendments of 1988, and other responsibil-
14 ities of the Centers for Medicare & Medicaid Services, not
15 to exceed $3,669,744,000, to be transferred from the Fed-
16 eral Hospital Insurance Trust Fund and the Federal Sup-
17 plementary Medical Insurance Trust Fund, as authorized
18 by section 201(g) of the Social Security Act; together with
19 all funds collected in accordance with section 353 of the
20 PHS Act and section 1857(e)(2) of the Social Security
21 Act, funds retained by the Secretary pursuant to section
22 1893(h) of the Social Security Act, and such sums as may
23 be collected from authorized user fees and the sale of data,
24 which shall be credited to this account and remain avail-
25 able until expended: Provided, That all funds derived in
December 21, 2020 (12:59 p.m.)

980
1 accordance with 31 U.S.C. 9701 from organizations estab-
2 lished under title XIII of the PHS Act shall be credited
3 to and available for carrying out the purposes of this ap-
4 propriation: Provided further, That the Secretary is di-
5 rected to collect fees in fiscal year 2021 from Medicare
6 Advantage organizations pursuant to section 1857(e)(2)
7 of the Social Security Act and from eligible organizations
8 with risk-sharing contracts under section 1876 of that Act
9 pursuant to section 1876(k)(4)(D) of that Act: Provided
10 further, That of the amount made available under this
11 heading, $397,334,000 shall remain available until Sep-
12 tember 30, 2022, and shall be available for the Survey
13 and Certification Program: Provided further, That
14 amounts available under this heading to support quality
15 improvement organizations (as defined in section 1152 of
16 the Social Security Act) shall not exceed the amount spe-
17 cifically provided for such purpose under this heading in
18 division H of the Consolidated Appropriations Act, 2018
19 (Public Law 115–141).
20 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT
21 In addition to amounts otherwise available for pro-

22 gram integrity and program management, $807,000,000,
23 to remain available through September 30, 2022, to be
24 transferred from the Federal Hospital Insurance Trust
25 Fund and the Federal Supplementary Medical Insurance
December 21, 2020 (12:59 p.m.)

981
1 Trust Fund, as authorized by section 201(g) of the Social
2 Security Act, of which $616,000,000 shall be for the Cen-
3 ters for Medicare & Medicaid Services program integrity
4 activities, of which $99,000,000 shall be for the Depart-
5 ment of Health and Human Services Office of Inspector
6 General to carry out fraud and abuse activities authorized
7 by section 1817(k)(3) of such Act, and of which
8 $92,000,000 shall be for the Department of Justice to
9 carry out fraud and abuse activities authorized by section
10 1817(k)(3) of such Act: Provided, That the report re-
11 quired by section 1817(k)(5) of the Social Security Act
12 for fiscal year 2021 shall include measures of the oper-
13 ational efficiency and impact on fraud, waste, and abuse
14 in the Medicare, Medicaid, and CHIP programs for the
15 funds provided by this appropriation: Provided further,
16 That of the amount provided under this heading,
17 $311,000,000 is provided to meet the terms of section
18 251(b)(2)(C)(ii) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985, as amended, and
20 $496,000,000 is additional new budget authority specified
21 for purposes of section 251(b)(2)(C) of such Act: Provided
22 further, That the Secretary shall provide not less than
23 $20,000,000 from amounts made available under this
24 heading and amounts made available for fiscal year 2021
25 under section 1817(k)(3)(A) of the Social Security Act for
December 21, 2020 (12:59 p.m.)

982
1 the Senior Medicare Patrol program to combat health care
2 fraud and abuse.
3 ADMINISTRATION FOR CHILDREN AND FAMILIES
4 PAYMENTS TO STATES FOR CHILD SUPPORT
5 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

7 I, IV–D, X, XI, XIV, and XVI of the Social Security Act
8 and the Act of July 5, 1960, $3,039,000,000, to remain
9 available until expended; and for such purposes for the
10 first quarter of fiscal year 2022, $1,400,000,000, to re-
12 For carrying out, after May 31 of the current fiscal
13 year, except as otherwise provided, titles I, IV–D, X, XI,
14 XIV, and XVI of the Social Security Act and the Act of
15 July 5, 1960, for the last 3 months of the current fiscal
16 year for unanticipated costs, incurred for the current fiscal
17 year, such sums as may be necessary.
18 LOW INCOME HOME ENERGY ASSISTANCE
19 For making payments under subsections (b) and (d)

20 of section 2602 of the Low-Income Home Energy Assist-
21 ance Act of 1981 (42 U.S.C. 8621 et seq.),
22 $3,750,304,000: Provided, That notwithstanding section
23 2609A(a) of such Act, not more than $3,500,000 may be
24 reserved by the Secretary of Health and Human Services
25 for technical assistance, training, and monitoring of pro-
December 21, 2020 (12:59 p.m.)

983
1 gram activities for compliance with internal controls, poli-
2 cies and procedures and the Secretary may, in addition
3 to the authorities provided in section 2609A(a)(1), use
4 such funds through contracts with private entities that do
5 not qualify as nonprofit organizations: Provided further,
6 That all but $760,000,000 of the amount appropriated
7 under this heading shall be allocated as though the total
8 appropriation for such payments for fiscal year 2021 was
9 less than $1,975,000,000: Provided further, That, after
10 applying all applicable provisions of section 2604 of such
11 Act and the previous proviso, each State or territory that
12 would otherwise receive an allocation that is less than 97
13 percent of the amount that it received under this heading
14 for fiscal year 2020 from amounts appropriated in Public
15 Law 116–94 shall have its allocation increased to that 97
16 percent level, with the portions of other States’ and terri-
17 tories’ allocations that would exceed 100 percent of the
18 amounts they respectively received in such fashion for fis-
19 cal year 2020 being ratably reduced.
20 REFUGEE AND ENTRANT ASSISTANCE
22 For necessary expenses for refugee and entrant as-

23 sistance activities authorized by section 414 of the Immi-
24 gration and Nationality Act and section 501 of the Ref-
25 ugee Education Assistance Act of 1980, and for carrying
December 21, 2020 (12:59 p.m.)

984
1 out section 462 of the Homeland Security Act of 2002,
2 section 235 of the William Wilberforce Trafficking Victims
3 Protection Reauthorization Act of 2008, the Trafficking
4 Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor-
5 ture Victims Relief Act of 1998, $1,910,201,000, of which
6 $1,864,446,000 shall remain available through September
7 30, 2023 for carrying out such sections 414, 501, 462,
8 and 235: Provided, That amounts available under this
9 heading to carry out the TVPA shall also be available for
10 research and evaluation with respect to activities under
11 such Act: Provided further, That the limitation in section
12 205 of this Act regarding transfers increasing any appro-
13 priation shall apply to transfers to appropriations under
14 this heading by substituting ‘‘15 percent’’ for ‘‘3 percent’’:
15 Provided further, That the contribution of funds require-
16 ment under section 235(c)(6)(C)(iii) of the William Wil-
17 berforce Trafficking Victims Protection Reauthorization
18 Act of 2008 shall not apply to funds made available under
19 this heading.
20 PAYMENTS TO STATES FOR THE CHILD CARE AND
21 DEVELOPMENT BLOCK GRANT
22 For carrying out the Child Care and Development

23 Block Grant Act of 1990 (‘‘CCDBG Act’’),
24 $5,911,000,000 shall be used to supplement, not supplant
25 State general revenue funds for child care assistance for
December 21, 2020 (12:59 p.m.)

985
1 low-income families: Provided, That technical assistance
2 under section 658I(a)(3) of such Act may be provided di-
3 rectly, or through the use of contracts, grants, cooperative
4 agreements, or interagency agreements: Provided further,
5 That all funds made available to carry out section 418
6 of the Social Security Act (42 U.S.C. 618), including
7 funds appropriated for that purpose in such section 418
8 or any other provision of law, shall be subject to the res-
9 ervation of funds authority in paragraphs (4) and (5) of
10 section 658O(a) of the CCDBG Act: Provided further,
11 That in addition to the amounts required to be reserved
12 by the Secretary under section 658O(a)(2)(A) of such Act,
13 $177,330,000 shall be for Indian tribes and tribal organi-
14 zations.
15 SOCIAL SERVICES BLOCK GRANT
16 For making grants to States pursuant to section

17 2002 of the Social Security Act, $1,700,000,000: Pro-
18 vided, That notwithstanding subparagraph (B) of section
19 404(d)(2) of such Act, the applicable percent specified
20 under such subparagraph for a State to carry out State
21 programs pursuant to title XX–A of such Act shall be 10
22 percent.
23 CHILDREN AND FAMILIES SERVICES PROGRAMS
24 For carrying out, except as otherwise provided, the

25 Runaway and Homeless Youth Act, the Head Start Act,
December 21, 2020 (12:59 p.m.)

986
1 the Every Student Succeeds Act, the Child Abuse Preven-
2 tion and Treatment Act, sections 303 and 313 of the
3 Family Violence Prevention and Services Act, the Native
4 American Programs Act of 1974, title II of the Child
5 Abuse Prevention and Treatment and Adoption Reform
6 Act of 1978 (adoption opportunities), part B–1 of title IV
7 and sections 429, 473A, 477(i), 1110, 1114A, and 1115
8 of the Social Security Act, and the Community Services
9 Block Grant Act (‘‘CSBG Act’’); and for necessary admin-
10 istrative expenses to carry out titles I, IV, V, X, XI, XIV,
11 XVI, and XX–A of the Social Security Act, the Act of
12 July 5, 1960, the Low-Income Home Energy Assistance
13 Act of 1981, the Child Care and Development Block Grant
14 Act of 1990, the Assets for Independence Act, title IV of
15 the Immigration and Nationality Act, and section 501 of
16 the Refugee Education Assistance Act of 1980,
17 $13,040,511,000, of which $75,000,000, to remain avail-
18 able through September 30, 2022, shall be for grants to
19 States for adoption and legal guardianship incentive pay-
20 ments, as defined by section 473A of the Social Security
21 Act and may be made for adoptions and legal
22 guardianships completed before September 30, 2021: Pro-
23 vided, That $10,748,095,000 shall be for making pay-
24 ments under the Head Start Act, including for Early Head
December 21, 2020 (12:59 p.m.)

987
1 Start-Child Care Partnerships, and, of which, notwith-
2 standing section 640 of such Act:
3 (1) $123,000,000 shall be available for a cost
4 of living adjustment, and with respect to any con-
5 tinuing appropriations act, funding available for a
6 cost of living adjustment shall not be construed as
7 an authority or condition under this Act;
8 (2) $25,000,000 shall be available for allocation
9 by the Secretary to supplement activities described
10 in paragraphs (7)(B) and (9) of section 641(c) of
11 the Head Start Act under the Designation Renewal
12 System, established under the authority of sections
13 641(c)(7), 645A(b)(12), and 645A(d) of such Act,
14 and such funds shall not be included in the calcula-
15 tion of ‘‘base grant’’ in subsequent fiscal years, as
16 such term is used in section 640(a)(7)(A) of such
17 Act;
18 (3) $10,000,000 shall be available to migrant
19 and seasonal Head Start programs, in addition to
20 funds made available for migrant and seasonal Head
21 Start programs under section 640(a) of the Head
22 Start Act, for the purposes of quality improvement
23 consistent with section 640(a)(5) of such Act except
24 that any amount of the funds may be used on any
25 of the activities in such section 640(a)(5): Provided
December 21, 2020 (12:59 p.m.)

988
1 further, That funds derived from a migrant and sea-
2 sonal Head Start program held by the Secretary as
3 a result of recapturing, withholding, or reducing a
4 base grant that were unable to be redistributed con-
5 sistent with section 641A(h)(6)(A)(ii) of such Act
6 shall be added to the amount in this paragraph;
7 (4) $4,000,000 shall be available for the pur-
8 poses of maintaining the Tribal Colleges and Univer-
9 sities Head Start Partnership Program consistent
10 with section 648(g) of such Act; and
11 (5) $21,000,000 shall be available to supple-
12 ment funding otherwise available for research, eval-
13 uation, and Federal administrative costs:
14 Provided further, That the Secretary may reduce the res-
15 ervation of funds under section 640(a)(2)(C) of such Act
16 in lieu of reducing the reservation of funds under sections
17 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such
18 Act: Provided further, That $275,000,000 shall be avail-
19 able until December 31, 2021 for carrying out sections
20 9212 and 9213 of the Every Student Succeeds Act: Pro-
21 vided further, That up to 3 percent of the funds in the
22 preceding proviso shall be available for technical assist-
23 ance and evaluation related to grants awarded under such
24 section 9212: Provided further, That $775,383,000 shall
25 be for making payments under the CSBG Act: Provided
December 21, 2020 (12:59 p.m.)

989
1 further, That $30,383,000 shall be for section 680 of the
2 CSBG Act, of which not less than $20,383,000 shall be
3 for section 680(a)(2) and not less than $10,000,000 shall
4 be for section 680(a)(3)(B) of such Act: Provided further,
5 That, notwithstanding section 675C(a)(3) of the CSBG
6 Act, to the extent Community Services Block Grant funds
7 are distributed as grant funds by a State to an eligible
8 entity as provided under such Act, and have not been ex-
9 pended by such entity, they shall remain with such entity
10 for carryover into the next fiscal year for expenditure by
11 such entity consistent with program purposes: Provided
12 further, That the Secretary shall establish procedures re-
13 garding the disposition of intangible assets and program
14 income that permit such assets acquired with, and pro-
15 gram income derived from, grant funds authorized under
16 section 680 of the CSBG Act to become the sole property
17 of such grantees after a period of not more than 12 years
18 after the end of the grant period for any activity consistent
19 with section 680(a)(2)(A) of the CSBG Act: Provided fur-
20 ther, That intangible assets in the form of loans, equity
21 investments and other debt instruments, and program in-
22 come may be used by grantees for any eligible purpose
23 consistent with section 680(a)(2)(A) of the CSBG Act:
24 Provided further, That these procedures shall apply to
25 such grant funds made available after November 29, 1999:
December 21, 2020 (12:59 p.m.)

990
1 Provided further, That funds appropriated for section
2 680(a)(2) of the CSBG Act shall be available for financing
3 construction and rehabilitation and loans or investments
4 in private business enterprises owned by community devel-
5 opment corporations: Provided further, That
6 $182,500,000 shall be for carrying out section 303(a) of
7 the Family Violence Prevention and Services Act, of which
8 $7,000,000 shall be allocated notwithstanding section
9 303(a)(2) of such Act for carrying out section 309 of such
10 Act: Provided further, That the percentages specified in
11 section 112(a)(2) of the Child Abuse Prevention and
12 Treatment Act shall not apply to funds appropriated
13 under this heading: Provided further, That $1,864,000
14 shall be for a human services case management system
15 for federally declared disasters, to include a comprehensive
16 national case management contract and Federal costs of
17 administering the system: Provided further, That up to
18 $2,000,000 shall be for improving the Public Assistance
19 Reporting Information System, including grants to States
20 to support data collection for a study of the system’s effec-
21 tiveness.
22 PROMOTING SAFE AND STABLE FAMILIES
23 For carrying out, except as otherwise provided, sec-

24 tion 436 of the Social Security Act, $345,000,000 and,
25 for carrying out, except as otherwise provided, section 437
December 21, 2020 (12:59 p.m.)

991
1 of such Act, $82,515,000: Provided, That of the funds
2 available to carry out section 437, $59,765,000 shall be
3 allocated consistent with subsections (b) through (d) of
4 such section: Provided further, That of the funds available
5 to carry out section 437, to assist in meeting the require-
6 ments described in section 471(e)(4)(C), $20,000,000
7 shall be for grants to each State, territory, and Indian
8 tribe operating title IV–E plans for developing, enhancing,
9 or evaluating kinship navigator programs, as described in
10 section 427(a)(1) of such Act and $2,750,000, in addition
11 to funds otherwise appropriated in section 476 for such
12 purposes, shall be for the Family First Clearinghouse:
13 Provided further, That section 437(b)(1) shall be applied
14 to amounts in the previous proviso by substituting ‘‘5 per-
15 cent’’ for ‘‘3.3 percent’’, and notwithstanding section
16 436(b)(1), such reserved amounts may be used for identi-
17 fying, establishing, and disseminating practices to meet
18 the criteria specified in section 471(e)(4)(C): Provided fur-
19 ther, That the reservation in section 437(b)(2) and the
20 limitations in section 437(d) shall not apply to funds spec-
21 ified in the second proviso: Provided further, That the min-
22 imum grant award for kinship navigator programs in the
23 case of States and territories shall be $200,000, and, in
24 the case of tribes, shall be $25,000.
December 21, 2020 (12:59 p.m.)

992
1 PAYMENTS FOR FOSTER CARE AND PERMANENCY
2 For carrying out, except as otherwise provided, title

3 IV–E of the Social Security Act, $7,012,000,000.
4 For carrying out, except as otherwise provided, title
5 IV–E of the Social Security Act, for the first quarter of
6 fiscal year 2022, $3,000,000,000.
7 For carrying out, after May 31 of the current fiscal
8 year, except as otherwise provided, section 474 of title IV–
9 E of the Social Security Act, for the last 3 months of the
10 current fiscal year for unanticipated costs, incurred for the
11 current fiscal year, such sums as may be necessary.
12 ADMINISTRATION FOR COMMUNITY LIVING
13 AGING AND DISABILITY SERVICES PROGRAMS
15 For carrying out, to the extent not otherwise pro-

16 vided, the Older Americans Act of 1965 (‘‘OAA’’), the
17 RAISE Family Caregivers Act, the Supporting Grand-
18 parents Raising Grandchildren Act, titles III and XXIX
19 of the PHS Act, sections 1252 and 1253 of the PHS Act,
20 section 119 of the Medicare Improvements for Patients
21 and Providers Act of 2008, title XX–B of the Social Secu-
22 rity Act, the Developmental Disabilities Assistance and
23 Bill of Rights Act, parts 2 and 5 of subtitle D of title
24 II of the Help America Vote Act of 2002, the Assistive
25 Technology Act of 1998, titles II and VII (and section
December 21, 2020 (12:59 p.m.)

993
1 14 with respect to such titles) of the Rehabilitation Act
2 of 1973, and for Department-wide coordination of policy
3 and program activities that assist individuals with disabil-
4 ities, $2,206,000,000, together with $52,115,000 to be
5 transferred from the Federal Hospital Insurance Trust
6 Fund and the Federal Supplementary Medical Insurance
7 Trust Fund to carry out section 4360 of the Omnibus
8 Budget Reconciliation Act of 1990: Provided, That
9 amounts appropriated under this heading may be used for
10 grants to States under section 361 of the OAA only for
11 disease prevention and health promotion programs and ac-
12 tivities which have been demonstrated through rigorous
13 evaluation to be evidence-based and effective: Provided
14 further, That of amounts made available under this head-
15 ing to carry out sections 311, 331, and 336 of the OAA,
16 up to one percent of such amounts shall be available for
17 developing and implementing evidence-based practices for
18 enhancing senior nutrition, including medically-tailored
19 meals: Provided further, That notwithstanding any other
20 provision of this Act, funds made available under this
21 heading to carry out section 311 of the OAA may be trans-
22 ferred to the Secretary of Agriculture in accordance with
23 such section: Provided further, That $2,000,000 shall be
24 for competitive grants to support alternative financing
25 programs that provide for the purchase of assistive tech-
December 21, 2020 (12:59 p.m.)

994
1 nology devices, such as a low-interest loan fund; an inter-
2 est buy-down program; a revolving loan fund; a loan guar-
3 antee; or an insurance program: Provided further, That
4 applicants shall provide an assurance that, and informa-
5 tion describing the manner in which, the alternative fi-
6 nancing program will expand and emphasize consumer
7 choice and control: Provided further, That State agencies
8 and community-based disability organizations that are di-
9 rected by and operated for individuals with disabilities
10 shall be eligible to compete: Provided further, That none
11 of the funds made available under this heading may be
12 used by an eligible system (as defined in section 102 of
13 the Protection and Advocacy for Individuals with Mental
14 Illness Act (42 U.S.C. 10802)) to continue to pursue any
15 legal action in a Federal or State court on behalf of an
16 individual or group of individuals with a developmental
17 disability (as defined in section 102(8)(A) of the Develop-
18 mental Disabilities and Assistance and Bill of Rights Act
19 of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to
20 a mental impairment (or a combination of mental and
21 physical impairments), that has as the requested remedy
22 the closure of State operated intermediate care facilities
23 for people with intellectual or developmental disabilities,
24 unless reasonable public notice of the action has been pro-
25 vided to such individuals (or, in the case of mental inca-
December 21, 2020 (12:59 p.m.)

995
1 pacitation, the legal guardians who have been specifically
2 awarded authority by the courts to make healthcare and
3 residential decisions on behalf of such individuals) who are
4 affected by such action, within 90 days of instituting such
5 legal action, which informs such individuals (or such legal
6 guardians) of their legal rights and how to exercise such
7 rights consistent with current Federal Rules of Civil Pro-
8 cedure: Provided further, That the limitations in the imme-
9 diately preceding proviso shall not apply in the case of an
10 individual who is neither competent to consent nor has a
11 legal guardian, nor shall the proviso apply in the case of
12 individuals who are a ward of the State or subject to pub-
13 lic guardianship.
15 GENERAL DEPARTMENTAL MANAGEMENT
16 For necessary expenses, not otherwise provided, for

17 general departmental management, including hire of six
18 passenger motor vehicles, and for carrying out titles III,
19 XVII, XXI, and section 229 of the PHS Act, the United
20 States-Mexico Border Health Commission Act, and re-
21 search studies under section 1110 of the Social Security
22 Act, $485,794,000, together with $64,828,000 from the
23 amounts available under section 241 of the PHS Act to
24 carry out national health or human services research and
25 evaluation activities: Provided, That of this amount,
December 21, 2020 (12:59 p.m.)

996
1 $55,400,000 shall be for minority AIDS prevention and
2 treatment activities: Provided further, That of the funds
3 made available under this heading, $101,000,000 shall be
4 for making competitive contracts and grants to public and
5 private entities to fund medically accurate and age appro-
6 priate programs that reduce teen pregnancy and for the
7 Federal costs associated with administering and evalu-
8 ating such contracts and grants, of which not more than
9 10 percent of the available funds shall be for training and
10 technical assistance, evaluation, outreach, and additional
11 program support activities, and of the remaining amount
12 75 percent shall be for replicating programs that have
13 been proven effective through rigorous evaluation to re-
14 duce teenage pregnancy, behavioral risk factors underlying
15 teenage pregnancy, or other associated risk factors, and
16 25 percent shall be available for research and demonstra-
17 tion grants to develop, replicate, refine, and test additional
18 models and innovative strategies for preventing teenage
19 pregnancy: Provided further, That of the amounts pro-
20 vided under this heading from amounts available under
21 section 241 of the PHS Act, $6,800,000 shall be available
22 to carry out evaluations (including longitudinal evalua-
23 tions) of teenage pregnancy prevention approaches: Pro-
25 heading, $35,000,000 shall be for making competitive
December 21, 2020 (12:59 p.m.)

997
1 grants which exclusively implement education in sexual
2 risk avoidance (defined as voluntarily refraining from non-
3 marital sexual activity): Provided further, That funding for
4 such competitive grants for sexual risk avoidance shall use
5 medically accurate information referenced to peer-re-
6 viewed publications by educational, scientific, govern-
7 mental, or health organizations; implement an evidence-
8 based approach integrating research findings with prac-
9 tical implementation that aligns with the needs and de-
10 sired outcomes for the intended audience; and teach the
11 benefits associated with self-regulation, success sequenc-
12 ing for poverty prevention, healthy relationships, goal set-
13 ting, and resisting sexual coercion, dating violence, and
14 other youth risk behaviors such as underage drinking or
15 illicit drug use without normalizing teen sexual activity:
16 Provided further, That no more than 10 percent of the
17 funding for such competitive grants for sexual risk avoid-
18 ance shall be available for technical assistance and admin-
19 istrative costs of such programs: Provided further, That
20 funds provided in this Act for embryo adoption activities
21 may be used to provide to individuals adopting embryos,
22 through grants and other mechanisms, medical and ad-
23 ministrative services deemed necessary for such adoptions:
24 Provided further, That such services shall be provided con-
25 sistent with 42 CFR 59.5(a)(4): Provided further, That
December 21, 2020 (12:59 p.m.)

998
1 of the funds made available under this heading,
2 $5,000,000 shall be for carrying out prize competitions
3 sponsored by the Office of the Secretary to accelerate in-
4 novation in the prevention, diagnosis, and treatment of
5 kidney diseases (as authorized by section 24 of the Steven-
6 son-Wydler Technology Innovation Act of 1980 (15 U.S.C.
7 3719)).
8 MEDICARE HEARINGS AND APPEALS
9 For expenses necessary for Medicare hearings and

10 appeals in the Office of the Secretary, $191,881,000 shall
11 remain available until September 30, 2022, to be trans-
12 ferred in appropriate part from the Federal Hospital In-
13 surance Trust Fund and the Federal Supplementary Med-
14 ical Insurance Trust Fund.
15 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH
16 INFORMATION TECHNOLOGY
17 For expenses necessary for the Office of the National

18 Coordinator for Health Information Technology, including
19 grants, contracts, and cooperative agreements for the de-
20 velopment and advancement of interoperable health infor-
21 mation technology, $62,367,000.

24 General, including the hire of passenger motor vehicles for
25 investigations, in carrying out the provisions of the Inspec-
December 21, 2020 (12:59 p.m.)

999
1 tor General Act of 1978, $80,000,000: Provided, That of
2 such amount, necessary sums shall be available for pro-
3 viding protective services to the Secretary and inves-
4 tigating non-payment of child support cases for which non-
5 payment is a Federal offense under 18 U.S.C. 228.
6 OFFICE FOR CIVIL RIGHTS
7 For expenses necessary for the Office for Civil

8 Rights, $38,798,000.
9 RETIREMENT PAY AND MEDICAL BENEFITS FOR
10 COMMISSIONED OFFICERS
11 For retirement pay and medical benefits of Public

12 Health Service Commissioned Officers as authorized by
13 law, for payments under the Retired Serviceman’s Family
14 Protection Plan and Survivor Benefit Plan, and for med-
15 ical care of dependents and retired personnel under the
16 Dependents’ Medical Care Act, such amounts as may be
17 required during the current fiscal year.
18 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
19 FUND
20 For expenses necessary to support activities related

21 to countering potential biological, nuclear, radiological,
22 chemical, and cybersecurity threats to civilian populations,
23 and for other public health emergencies, $1,085,458,000,
24 of which $596,700,000 shall remain available through
25 September 30, 2022, for expenses necessary to support
December 21, 2020 (12:59 p.m.)

1000
1 advanced research and development pursuant to section
2 319L of the PHS Act and other administrative expenses
3 of the Biomedical Advanced Research and Development
4 Authority: Provided, That funds provided under this head-
5 ing for the purpose of acquisition of security counter-
6 measures shall be in addition to any other funds available
7 for such purpose: Provided further, That products pur-
8 chased with funds provided under this heading may, at
9 the discretion of the Secretary, be deposited in the Stra-
10 tegic National Stockpile pursuant to section 319F–2 of
11 the PHS Act: Provided further, That $5,000,000 of the
12 amounts made available to support emergency operations
13 shall remain available through September 30, 2023.
14 For expenses necessary for procuring security coun-
15 termeasures (as defined in section 319F–2(c)(1)(B) of the
16 PHS Act), $770,000,000, to remain available until ex-
17 pended.
18 For expenses necessary to carry out section 319F–
19 2(a) of the PHS Act, $705,000,000, to remain available
20 until expended.
21 For an additional amount for expenses necessary to
22 prepare for or respond to an influenza pandemic,
23 $287,000,000; of which $252,000,000 shall be available
24 until expended, for activities including the development
25 and purchase of vaccine, antivirals, necessary medical sup-
December 21, 2020 (12:59 p.m.)

1001
1 plies, diagnostics, and other surveillance tools: Provided,
2 That notwithstanding section 496(b) of the PHS Act,
3 funds may be used for the construction or renovation of
4 privately owned facilities for the production of pandemic
5 influenza vaccines and other biologics, if the Secretary
6 finds such construction or renovation necessary to secure
7 sufficient supplies of such vaccines or biologics.
9 SEC. 201. Funds appropriated in this title shall be
10 available for not to exceed $50,000 for official reception
11 and representation expenses when specifically approved by
12 the Secretary.
13 SEC. 202. None of the funds appropriated in this title
14 shall be used to pay the salary of an individual, through
15 a grant or other extramural mechanism, at a rate in excess
16 of Executive Level II: Provided, That none of the funds
17 appropriated in this title shall be used to prevent the NIH
18 from paying up to 100 percent of the salary of an indi-
19 vidual at this rate.
21 may be expended pursuant to section 241 of the PHS Act,
22 except for funds specifically provided for in this Act, or
23 for other taps and assessments made by any office located
24 in HHS, prior to the preparation and submission of a re-
25 port by the Secretary to the Committees on Appropria-
December 21, 2020 (12:59 p.m.)

1002
1 tions of the House of Representatives and the Senate de-
2 tailing the planned uses of such funds.
3 SEC. 204. Notwithstanding section 241(a) of the
4 PHS Act, such portion as the Secretary shall determine,
5 but not more than 2.5 percent, of any amounts appro-
6 priated for programs authorized under such Act shall be
7 made available for the evaluation (directly, or by grants
8 or contracts) and the implementation and effectiveness of
9 programs funded in this title.

14 priated for the current fiscal year for HHS in this Act
15 may be transferred between appropriations, but no such
16 appropriation shall be increased by more than 3 percent
17 by any such transfer: Provided, That the transfer author-
18 ity granted by this section shall not be used to create any
19 new program or to fund any project or activity for which
20 no funds are provided in this Act: Provided further, That
23 in advance of any transfer.
24 SEC. 206. In lieu of the timeframe specified in section
25 338E(c)(2) of the PHS Act, terminations described in
December 21, 2020 (12:59 p.m.)

1003
1 such section may occur up to 60 days after the effective
2 date of a contract awarded in fiscal year 2021 under sec-
3 tion 338B of such Act, or at any time if the individual
4 who has been awarded such contract has not received
5 funds due under the contract.
7 may be made available to any entity under title X of the
8 PHS Act unless the applicant for the award certifies to
9 the Secretary that it encourages family participation in
10 the decision of minors to seek family planning services and
11 that it provides counseling to minors on how to resist at-
12 tempts to coerce minors into engaging in sexual activities.
14 law, no provider of services under title X of the PHS Act
15 shall be exempt from any State law requiring notification
16 or the reporting of child abuse, child molestation, sexual
17 abuse, rape, or incest.
19 (including funds appropriated to any trust fund) may be
20 used to carry out the Medicare Advantage program if the
21 Secretary denies participation in such program to an oth-
22 erwise eligible entity (including a Provider Sponsored Or-
23 ganization) because the entity informs the Secretary that
24 it will not provide, pay for, provide coverage of, or provide
25 referrals for abortions: Provided, That the Secretary shall
December 21, 2020 (12:59 p.m.)

1004
1 make appropriate prospective adjustments to the capita-
2 tion payment to such an entity (based on an actuarially
3 sound estimate of the expected costs of providing the serv-
4 ice to such entity’s enrollees): Provided further, That noth-
5 ing in this section shall be construed to change the Medi-
6 care program’s coverage for such services and a Medicare
7 Advantage organization described in this section shall be
8 responsible for informing enrollees where to obtain infor-
9 mation about all Medicare covered services.
11 title may be used, in whole or in part, to advocate or pro-
12 mote gun control.
13 SEC. 211. The Secretary shall make available through
14 assignment not more than 60 employees of the Public
15 Health Service to assist in child survival activities and to
16 work in AIDS programs through and with funds provided
17 by the Agency for International Development, the United
18 Nations International Children’s Emergency Fund or the
19 World Health Organization.
20 SEC. 212. In order for HHS to carry out inter-
21 national health activities, including HIV/AIDS and other
22 infectious disease, chronic and environmental disease, and
23 other health activities abroad during fiscal year 2021:
24 (1) The Secretary may exercise authority equiv-
25 alent to that available to the Secretary of State in
December 21, 2020 (12:59 p.m.)

1005
1 section 2(c) of the State Department Basic Authori-
2 ties Act of 1956. The Secretary shall consult with
3 the Secretary of State and relevant Chief of Mission
4 to ensure that the authority provided in this section
5 is exercised in a manner consistent with section 207
6 of the Foreign Service Act of 1980 and other appli-
7 cable statutes administered by the Department of
8 State.
9 (2) The Secretary is authorized to provide such
10 funds by advance or reimbursement to the Secretary
11 of State as may be necessary to pay the costs of ac-
12 quisition, lease, alteration, renovation, and manage-
13 ment of facilities outside of the United States for
14 the use of HHS. The Department of State shall co-
15 operate fully with the Secretary to ensure that HHS
16 has secure, safe, functional facilities that comply
17 with applicable regulation governing location, set-
18 back, and other facilities requirements and serve the
19 purposes established by this Act. The Secretary is
20 authorized, in consultation with the Secretary of
21 State, through grant or cooperative agreement, to
22 make available to public or nonprofit private institu-
23 tions or agencies in participating foreign countries,
24 funds to acquire, lease, alter, or renovate facilities in
25 those countries as necessary to conduct programs of
December 21, 2020 (12:59 p.m.)

1006
1 assistance for international health activities, includ-
2 ing activities relating to HIV/AIDS and other infec-
3 tious diseases, chronic and environmental diseases,
4 and other health activities abroad.
5 (3) The Secretary is authorized to provide to
6 personnel appointed or assigned by the Secretary to
7 serve abroad, allowances and benefits similar to
8 those provided under chapter 9 of title I of the For-
9 eign Service Act of 1980, and 22 U.S.C. 4081
10 through 4086 and subject to such regulations pre-
11 scribed by the Secretary. The Secretary is further
12 authorized to provide locality-based comparability
13 payments (stated as a percentage) up to the amount
14 of the locality-based comparability payment (stated
15 as a percentage) that would be payable to such per-
16 sonnel under section 5304 of title 5, United States
17 Code if such personnel’s official duty station were in
18 the District of Columbia. Leaves of absence for per-
19 sonnel under this subsection shall be on the same
20 basis as that provided under subchapter I of chapter
21 63 of title 5, United States Code, or section 903 of
22 the Foreign Service Act of 1980, to individuals serv-
23 ing in the Foreign Service.
December 21, 2020 (12:59 p.m.)

1007
2 SEC. 213. The Director of the NIH, jointly with the

3 Director of the Office of AIDS Research, may transfer up
4 to 3 percent among institutes and centers from the total
5 amounts identified by these two Directors as funding for
6 research pertaining to the human immunodeficiency virus:
7 Provided, That the Committees on Appropriations of the
8 House of Representatives and the Senate are notified at
9 least 15 days in advance of any transfer.
11 SEC. 214. Of the amounts made available in this Act

12 for NIH, the amount for research related to the human
13 immunodeficiency virus, as jointly determined by the Di-
14 rector of NIH and the Director of the Office of AIDS Re-
15 search, shall be made available to the ‘‘Office of AIDS
16 Research’’ account. The Director of the Office of AIDS
17 Research shall transfer from such account amounts nec-
18 essary to carry out section 2353(d)(3) of the PHS Act.
19 SEC. 215. (a) AUTHORITY.—Notwithstanding any
20 other provision of law, the Director of NIH (‘‘Director’’)
21 may use funds authorized under section 402(b)(12) of the
22 PHS Act to enter into transactions (other than contracts,
23 cooperative agreements, or grants) to carry out research
24 identified pursuant to or research and activities described
25 in such section 402(b)(12).
December 21, 2020 (12:59 p.m.)

1008
1 (b) PEER REVIEW.—In entering into transactions
2 under subsection (a), the Director may utilize such peer
3 review procedures (including consultation with appropriate
4 scientific experts) as the Director determines to be appro-
5 priate to obtain assessments of scientific and technical
6 merit. Such procedures shall apply to such transactions
7 in lieu of the peer review and advisory council review pro-
8 cedures that would otherwise be required under sections
9 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492,
10 and 494 of the PHS Act.
11 SEC. 216. Not to exceed $45,000,000 of funds appro-
12 priated by this Act to the institutes and centers of the
13 National Institutes of Health may be used for alteration,
14 repair, or improvement of facilities, as necessary for the
15 proper and efficient conduct of the activities authorized
16 herein, at not to exceed $3,500,000 per project.
18 SEC. 217. Of the amounts made available for NIH,

19 1 percent of the amount made available for National Re-
20 search Service Awards (‘‘NRSA’’) shall be made available
21 to the Administrator of the Health Resources and Services
22 Administration to make NRSA awards for research in pri-
23 mary medical care to individuals affiliated with entities
24 who have received grants or contracts under sections 736,
25 739, or 747 of the PHS Act, and 1 percent of the amount
December 21, 2020 (12:59 p.m.)

1009
1 made available for NRSA shall be made available to the
2 Director of the Agency for Healthcare Research and Qual-
3 ity to make NRSA awards for health service research.
4 SEC. 218. (a) The Biomedical Advanced Research
5 and Development Authority (‘‘BARDA’’) may enter into
6 a contract, for more than one but no more than 10 pro-
7 gram years, for purchase of research services or of security
8 countermeasures, as that term is defined in section 319F–
9 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)),
10 if—
11 (1) funds are available and obligated—
12 (A) for the full period of the contract or
13 for the first fiscal year in which the contract is
14 in effect; and
15 (B) for the estimated costs associated with
16 a necessary termination of the contract; and
17 (2) the Secretary determines that a multi-year
18 contract will serve the best interests of the Federal
19 Government by encouraging full and open competi-
20 tion or promoting economy in administration, per-
21 formance, and operation of BARDA’s programs.
22 (b) A contract entered into under this section—
23 (1) shall include a termination clause as de-
24 scribed by subsection (c) of section 3903 of title 41,
25 United States Code; and
December 21, 2020 (12:59 p.m.)

1010
1 (2) shall be subject to the congressional notice
2 requirement stated in subsection (d) of such section.
3 SEC. 219. (a) The Secretary shall publish in the fiscal
4 year 2022 budget justification and on Departmental Web
5 sites information concerning the employment of full-time
6 equivalent Federal employees or contractors for the pur-
7 poses of implementing, administering, enforcing, or other-
8 wise carrying out the provisions of the ACA, and the
9 amendments made by that Act, in the proposed fiscal year
10 and each fiscal year since the enactment of the ACA.
11 (b) With respect to employees or contractors sup-
12 ported by all funds appropriated for purposes of carrying
13 out the ACA (and the amendments made by that Act),
14 the Secretary shall include, at a minimum, the following
15 information:
16 (1) For each such fiscal year, the section of
17 such Act under which such funds were appropriated,
18 a statement indicating the program, project, or ac-
19 tivity receiving such funds, the Federal operating di-
20 vision or office that administers such program, and
21 the amount of funding received in discretionary or
22 mandatory appropriations.
23 (2) For each such fiscal year, the number of
24 full-time equivalent employees or contracted employ-
December 21, 2020 (12:59 p.m.)

1011
1 ees assigned to each authorized and funded provision
2 detailed in accordance with paragraph (1).
3 (c) In carrying out this section, the Secretary may
4 exclude from the report employees or contractors who—
5 (1) are supported through appropriations en-
6 acted in laws other than the ACA and work on pro-
7 grams that existed prior to the passage of the ACA;
8 (2) spend less than 50 percent of their time on
9 activities funded by or newly authorized in the ACA;
10 or
11 (3) work on contracts for which FTE reporting
12 is not a requirement of their contract, such as fixed-
13 price contracts.
14 SEC. 220. The Secretary shall publish, as part of the
15 fiscal year 2022 budget of the President submitted under
16 section 1105(a) of title 31, United States Code, informa-
17 tion that details the uses of all funds used by the Centers
18 for Medicare & Medicaid Services specifically for Health
19 Insurance Exchanges for each fiscal year since the enact-
20 ment of the ACA and the proposed uses for such funds
21 for fiscal year 2022. Such information shall include, for
22 each such fiscal year, the amount of funds used for each
23 activity specified under the heading ‘‘Health Insurance
24 Exchange Transparency’’ in the explanatory statement de-
December 21, 2020 (12:59 p.m.)

1012
2 of this consolidated Act).
4 Act from the Federal Hospital Insurance Trust Fund or
5 the Federal Supplemental Medical Insurance Trust Fund,
6 or transferred from other accounts funded by this Act to
7 the ‘‘Centers for Medicare & Medicaid Services—Program
8 Management’’ account, may be used for payments under
9 section 1342(b)(1) of Public Law 111–148 (relating to
10 risk corridors).
12 SEC. 222. (a) Within 45 days of enactment of this

13 Act, the Secretary shall transfer funds appropriated under
14 section 4002 of the ACA to the accounts specified, in the
15 amounts specified, and for the activities specified under
16 the heading ‘‘Prevention and Public Health Fund’’ in the
17 explanatory statement described in section 4 (in the mat-
18 ter preceding division A of this consolidated Act).
19 (b) Notwithstanding section 4002(c) of the ACA, the
20 Secretary may not further transfer these amounts.
21 (c) Funds transferred for activities authorized under
22 section 2821 of the PHS Act shall be made available with-
23 out reference to section 2821(b) of such Act.
24 SEC. 223. Effective during the period beginning on
25 November 1, 2015 and ending January 1, 2023, any pro-
December 21, 2020 (12:59 p.m.)

1013
1 vision of law that refers (including through cross-reference
2 to another provision of law) to the current recommenda-
3 tions of the United States Preventive Services Task Force
4 with respect to breast cancer screening, mammography,
5 and prevention shall be administered by the Secretary in-
6 volved as if—
7 (1) such reference to such current recommenda-
8 tions were a reference to the recommendations of
9 such Task Force with respect to breast cancer
10 screening, mammography, and prevention last issued
11 before 2009; and
12 (2) such recommendations last issued before
13 2009 applied to any screening mammography modal-
14 ity under section 1861(jj) of the Social Security Act
15 (42 U.S.C. 1395x(jj)).
16 SEC. 224. In making Federal financial assistance, the
17 provisions relating to indirect costs in part 75 of title 45,
18 Code of Federal Regulations, including with respect to the
19 approval of deviations from negotiated rates, shall con-
20 tinue to apply to the National Institutes of Health to the
21 same extent and in the same manner as such provisions
22 were applied in the third quarter of fiscal year 2017. None
23 of the funds appropriated in this or prior Acts or otherwise
24 made available to the Department of Health and Human
25 Services or to any department or agency may be used to
December 21, 2020 (12:59 p.m.)

1014
1 develop or implement a modified approach to such provi-
2 sions, or to intentionally or substantially expand the fiscal
3 effect of the approval of such deviations from negotiated
4 rates beyond the proportional effect of such approvals in
5 such quarter.
7 SEC. 225. The NIH Director may transfer funds for

8 opioid addiction, opioid alternatives, stimulant misuse and
9 addiction, pain management, and addiction treatment to
10 other Institutes and Centers of the NIH to be used for
11 the same purpose 15 days after notifying the Committees
13 Senate: Provided, That the transfer authority provided in
14 the previous proviso is in addition to any other transfer
15 authority provided by law.
16 SEC. 226. (a) The Secretary shall provide to the
18 atives and the Senate:
19 (1) Detailed monthly enrollment figures from
20 the Exchanges established under the Patient Protec-
21 tion and Affordable Care Act of 2010 pertaining to
22 enrollments during the open enrollment period; and
23 (2) Notification of any new or competitive grant
24 awards, including supplements, authorized under
25 section 330 of the Public Health Service Act.
December 21, 2020 (12:59 p.m.)

1015
1 (b) The Committees on Appropriations of the House
2 and Senate must be notified at least 2 business days in
3 advance of any public release of enrollment information
4 or the award of such grants.
5 SEC. 227. In addition to the amounts otherwise avail-
6 able for ‘‘Centers for Medicare & Medicaid Services, Pro-
7 gram Management’’, the Secretary of Health and Human
8 Services may transfer up to $305,000,000 to such account
9 from the Federal Hospital Insurance Trust Fund and the
10 Federal Supplementary Medical Insurance Trust Fund to
11 support program management activity related to the Medi-
12 care Program: Provided, That except for the foregoing
13 purpose, such funds may not be used to support any provi-
14 sion of Public Law 111–148 or Public Law 111–152 (or
15 any amendment made by either such Public Law) or to
16 supplant any other amounts within such account.
17 SEC. 228. The Department of Health and Human
18 Services shall provide the Committees on Appropriations
19 of the House of Representatives and Senate a biannual
20 report 30 days after enactment of this Act on staffing de-
21 scribed in the explanatory statement described in section
23 Act).
24 SEC. 229. Funds appropriated in this Act that are
25 available for salaries and expenses of employees of the De-
December 21, 2020 (12:59 p.m.)

1016
1 partment of Health and Human Services shall also be
2 available to pay travel and related expenses of such an
3 employee or of a member of his or her family, when such
4 employee is assigned to duty, in the United States or in
5 a U.S. territory, during a period and in a location that
6 are the subject of a determination of a public health emer-
7 gency under section 319 of the Public Health Service Act
8 and such travel is necessary to obtain medical care for
9 an illness, injury, or medical condition that cannot be ade-
10 quately addressed in that location at that time. For pur-
11 poses of this section, the term ‘‘U.S. territory’’ means
12 Guam, the Commonwealth of Puerto Rico, the Northern
13 Mariana Islands, the Virgin Islands, American Samoa, or
14 the Trust Territory of the Pacific Islands.
15 SEC. 230. The Department of Health and Human
16 Services may accept donations from the private sector,
17 nongovernmental organizations, and other groups inde-
18 pendent of the Federal Government for the care of unac-
19 companied alien children (as defined in section 462(g)(2)
20 of the Homeland Security Act of 2002 (6 U.S.C.
21 279(g)(2))) in the care of the Office of Refugee Resettle-
22 ment of the Administration for Children and Families, in-
23 cluding medical goods and services, which may include
24 early childhood developmental screenings, school supplies,
December 21, 2020 (12:59 p.m.)

1017
1 toys, clothing, and any other items intended to promote
2 the wellbeing of such children.
3 SEC. 231. (a) None of the funds provided by this or
4 any prior appropriations Act may be used to reverse
5 changes in procedures made by operational directives
6 issued to providers by the Office of Refugee Resettlement
7 on December 18, 2018, March 23, 2019, and June 10,
8 2019 regarding the Memorandum of Agreement on Infor-
9 mation Sharing executed April 13, 2018.
10 (b) Notwithstanding subsection (a), the Secretary
11 may make changes to such operational directives upon
12 making a determination that such changes are necessary
13 to prevent unaccompanied alien children from being placed
14 in danger, and the Secretary shall provide a written jus-
15 tification to Congress and the Inspector General of the
16 Department of Health and Human Services in advance of
17 implementing such changes.
18 (c) Within 15 days of the Secretary’s communication
19 of the justification, the Inspector General of the Depart-
20 ment of Health and Human Services shall provide an as-
21 sessment, in writing, to the Secretary and to the Commit-
23 and the Senate of whether such changes to operational
24 directives are necessary to prevent unaccompanied chil-
25 dren from being placed in danger.
December 21, 2020 (12:59 p.m.)

1018
2 Act under the heading ‘‘Department of Health and
3 Human Services—Administration for Children and Fami-
4 lies—Refugee and Entrant Assistance’’ may be obligated
5 to a grantee or contractor to house unaccompanied alien
6 children (as such term is defined in section 462(g)(2) of
7 the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)))
8 in any facility that is not State-licensed for the care of
9 unaccompanied alien children, except in the case that the
10 Secretary determines that housing unaccompanied alien
11 children in such a facility is necessary on a temporary
12 basis due to an influx of such children or an emergency,
13 provided that—
14 (1) the terms of the grant or contract for the
15 operations of any such facility that remains in oper-
16 ation for more than six consecutive months shall re-
17 quire compliance with—
18 (A) the same requirements as licensed
19 placements, as listed in Exhibit 1 of the Flores
20 Settlement Agreement that the Secretary deter-
21 mines are applicable to non-State licensed facili-
22 ties; and
23 (B) staffing ratios of one (1) on-duty
24 Youth Care Worker for every eight (8) children
25 or youth during waking hours, one (1) on-duty
December 21, 2020 (12:59 p.m.)

1019
1 Youth Care Worker for every sixteen (16) chil-
2 dren or youth during sleeping hours, and clini-
3 cian ratios to children (including mental health
4 providers) as required in grantee cooperative
5 agreements;
6 (2) the Secretary may grant a 60-day waiver
7 for a contractor’s or grantee’s non-compliance with
8 paragraph (1) if the Secretary certifies and provides
9 a report to Congress on the contractor’s or grantee’s
10 good-faith efforts and progress towards compliance;
11 (3) not more than four consecutive waivers
12 under paragraph (2) may be granted to a contractor
13 or grantee with respect to a specific facility;
14 (4) ORR shall ensure full adherence to the
15 monitoring requirements set forth in section 5.5 of
16 its Policies and Procedures Guide as of May 15,
17 2019;
18 (5) for any such unlicensed facility in operation
19 for more than three consecutive months, ORR shall
20 conduct a minimum of one comprehensive moni-
21 toring visit during the first three months of oper-
22 ation, with quarterly monitoring visits thereafter;
23 and
24 (6) not later than 60 days after the date of en-
25 actment of this Act, ORR shall brief the Committees
December 21, 2020 (12:59 p.m.)

1020
1 on Appropriations of the House of Representatives
2 and the Senate outlining the requirements of ORR
3 for influx facilities including any requirement listed
4 in paragraph (1)(A) that the Secretary has deter-
5 mined are not applicable to non-State licensed facili-
6 ties.
7 SEC. 233. In addition to the existing Congressional
8 notification for formal site assessments of potential influx
9 facilities, the Secretary shall notify the Committees on Ap-
11 ate at least 15 days before operationalizing an unlicensed
12 facility, and shall (1) specify whether the facility is hard-
13 sided or soft-sided, and (2) provide analysis that indicates
14 that, in the absence of the influx facility, the likely out-
15 come is that unaccompanied alien children will remain in
16 the custody of the Department of Homeland Security for
17 longer than 72 hours or that unaccompanied alien children
18 will be otherwise placed in danger. Within 60 days of
19 bringing such a facility online, and monthly thereafter, the
20 Secretary shall provide to the Committees on Appropria-
21 tions of the House of Representatives and the Senate a
22 report detailing the total number of children in care at
23 the facility, the average length of stay and average length
24 of care of children at the facility, and, for any child that
December 21, 2020 (12:59 p.m.)

1021
1 has been at the facility for more than 60 days, their length
2 of stay and reason for delay in release.
4 Act may be used to prevent a United States Senator or
5 Member of the House of Representatives from entering,
6 for the purpose of conducting oversight, any facility in the
7 United States used for the purpose of maintaining custody
8 of, or otherwise housing, unaccompanied alien children (as
9 defined in section 462(g)(2) of the Homeland Security Act
10 of 2002 (6 U.S.C. 279(g)(2))), provided that such Senator
11 or Member has coordinated the oversight visit with the
12 Office of Refugee Resettlement not less than two business
13 days in advance to ensure that such visit would not inter-
14 fere with the operations (including child welfare and child
15 safety operations) of such facility.
17 enactment of this Act, and monthly thereafter, the Sec-
18 retary shall submit to the Committees on Appropriations
19 of the House of Representatives and the Senate, and make
20 publicly available online, a report with respect to children
21 who were separated from their parents or legal guardians
22 by the Department of Homeland Security (DHS) (regard-
23 less of whether or not such separation was pursuant to
24 an option selected by the children, parents, or guardians),
25 subsequently classified as unaccompanied alien children,
December 21, 2020 (12:59 p.m.)

1022
1 and transferred to the care and custody of ORR during
2 the previous month. Each report shall contain the fol-
3 lowing information:
4 (1) the number and ages of children so sepa-
5 rated subsequent to apprehension at or between
6 ports of entry, to be reported by sector where sepa-
7 ration occurred; and
8 (2) the documented cause of separation, as re-
9 ported by DHS when each child was referred.
10 SEC. 236. Funds appropriated in this Act that are
11 available for salaries and expenses of employees of the
12 Centers for Disease Control and Prevention shall also be
13 available for the primary and secondary schooling of eligi-
14 ble dependents of personnel stationed in a U.S. territory
15 as defined in section 229 of this Act at costs not in excess
16 of those paid for or reimbursed by the Department of De-
17 fense.
18 SEC. 237. Of the unobligated balances available in
19 fiscal year 2021 in the ‘‘Nonrecurring Expenses Fund’’
20 established in section 223 of division G of Public Law
21 110–161, $225,000,000, in addition to any funds other-
22 wise made available for such purposes in this, prior, or
23 subsequent fiscal years, shall be available during the pe-
24 riod of availability of the Fund for the study of, construc-
25 tion of, demolition of, renovation of, and acquisition of
December 21, 2020 (12:59 p.m.)

1023
1 equipment for, facilities of or used by the National Insti-
2 tutes of Health, including the acquisition of real property.
3 (RESCISSION)
4 SEC. 238. Of the unobligated balances in the ‘‘Non-

5 recurring Expenses Fund’’ established in section 223 of
6 division G of Public Law 110–161, $375,000,000 are
7 hereby rescinded not later than September 30, 2021.
8 SEC. 239. (a) The Chamblee Research Support
9 Building (Building 108) at the Centers for Disease Con-
10 trol and Prevention is hereby renamed as the Johnny Isak-
11 son Public Health Research Building.
12 (b) Section 238 of division A of the Further Consoli-
13 dated Appropriations Act, 2020 (Public Law 116–94) is
14 amended by inserting ‘‘during the period of availability of
15 the Fund’’ after ‘‘shall be available’’ and by inserting
16 ‘‘moving expenses,’’ after ‘‘renovation of facilities,’’.
17 This title may be cited as the ‘‘Department of Health
18 and Human Services Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

1024
1 TITLE III
2 DEPARTMENT OF EDUCATION
3 EDUCATION FOR THE DISADVANTAGED
4 For carrying out title I and subpart 2 of part B of
5 title II of the Elementary and Secondary Education Act
6 of 1965 (referred to in this Act as ‘‘ESEA’’) and section
7 418A of the Higher Education Act of 1965 (referred to
8 in this Act as ‘‘HEA’’), $17,226,790,000, of which
9 $6,306,490,000 shall become available on July 1, 2021,
10 and shall remain available through September 30, 2022,
11 and of which $10,841,177,000 shall become available on
12 October 1, 2021, and shall remain available through Sep-
13 tember 30, 2022, for academic year 2021–2022: Provided,
14 That $6,459,401,000 shall be for basic grants under sec-
15 tion 1124 of the ESEA: Provided further, That up to
16 $5,000,000 of these funds shall be available to the Sec-
17 retary of Education (referred to in this title as ‘‘Sec-
18 retary’’) on October 1, 2020, to obtain annually updated
19 local educational agency-level census poverty data from
20 the Bureau of the Census: Provided further, That
21 $1,362,301,000 shall be for concentration grants under
22 section 1124A of the ESEA: Provided further, That
23 $4,357,550,000 shall be for targeted grants under section
24 1125 of the ESEA: Provided further, That
25 $4,357,550,000 shall be for education finance incentive
December 21, 2020 (12:59 p.m.)

1025
1 grants under section 1125A of the ESEA: Provided fur-
2 ther, That $220,000,000 shall be for carrying out subpart
3 2 of part B of title II: Provided further, That $46,123,000
4 shall be for carrying out section 418A of the HEA.
5 IMPACT AID
6 For carrying out programs of financial assistance to
7 federally affected schools authorized by title VII of the
8 ESEA, $1,501,112,000, of which $1,354,242,000 shall be
9 for basic support payments under section 7003(b),
10 $48,316,000 shall be for payments for children with dis-
11 abilities under section 7003(d), $17,406,000, to remain
12 available through September 30, 2022, shall be for con-
13 struction under section 7007(b), $76,313,000 shall be for
14 Federal property payments under section 7002, and
16 for facilities maintenance under section 7008: Provided,
17 That for purposes of computing the amount of a payment
18 for an eligible local educational agency under section
19 7003(a) for school year 2020–2021, children enrolled in
20 a school of such agency that would otherwise be eligible
21 for payment under section 7003(a)(1)(B) of such Act, but
22 due to the deployment of both parents or legal guardians,
23 or a parent or legal guardian having sole custody of such
24 children, or due to the death of a military parent or legal
25 guardian while on active duty (so long as such children
December 21, 2020 (12:59 p.m.)

1026
1 reside on Federal property as described in section
2 7003(a)(1)(B)), are no longer eligible under such section,
3 shall be considered as eligible students under such section,
4 provided such students remain in average daily attendance
5 at a school in the same local educational agency they at-
6 tended prior to their change in eligibility status.
7 SCHOOL IMPROVEMENT PROGRAMS
8 For carrying out school improvement activities au-
9 thorized by part B of title I, part A of title II, subpart
10 1 of part A of title IV, part B of title IV, part B of title
11 V, and parts B and C of title VI of the ESEA; the McKin-
12 ney-Vento Homeless Assistance Act; section 203 of the
13 Educational Technical Assistance Act of 2002; the Com-
14 pact of Free Association Amendments Act of 2003; and
15 the Civil Rights Act of 1964, $5,444,217,000, of which
16 $3,613,652,000 shall become available on July 1, 2021,
17 and remain available through September 30, 2022, and
18 of which $1,681,441,000 shall become available on Octo-
19 ber 1, 2021, and shall remain available through September
20 30, 2022, for academic year 2021–2022: Provided, That
21 $378,000,000 shall be for part B of title I: Provided fur-
22 ther, That $1,259,673,000 shall be for part B of title IV:
23 Provided further, That $37,397,000 shall be for part B
24 of title VI, which may be used for construction, renova-
25 tion, and modernization of any public elementary school,
December 21, 2020 (12:59 p.m.)

1027
1 secondary school, or structure related to a public elemen-
2 tary school or secondary school that serves a predomi-
3 nantly Native Hawaiian student body, and that the 5 per-
4 cent limitation in section 6205(b) of the ESEA on the use
5 of funds for administrative purposes shall apply only to
6 direct administrative costs: Provided further, That
7 $36,453,000 shall be for part C of title VI, which shall
8 be awarded on a competitive basis, and may be used for
9 construction, and that the 5 percent limitation in section
10 6305 of the ESEA on the use of funds for administrative
11 purposes shall apply only to direct administrative costs:
12 Provided further, That $52,000,000 shall be available to
13 carry out section 203 of the Educational Technical Assist-
14 ance Act of 2002 and the Secretary shall make such ar-
15 rangements as determined to be necessary to ensure that
16 the Bureau of Indian Education has access to services pro-
17 vided under this section: Provided further, That
18 $16,699,000 shall be available to carry out the Supple-
19 mental Education Grants program for the Federated
20 States of Micronesia and the Republic of the Marshall Is-
21 lands: Provided further, That the Secretary may reserve
22 up to 5 percent of the amount referred to in the previous
23 proviso to provide technical assistance in the implementa-
24 tion of these grants: Provided further, That $187,840,000
25 shall be for part B of title V: Provided further, That
December 21, 2020 (12:59 p.m.)

1028
1 $1,220,000,000 shall be available for grants under sub-
2 part 1 of part A of title IV.
3 INDIAN EDUCATION
4 For expenses necessary to carry out, to the extent
5 not otherwise provided, title VI, part A of the ESEA,
6 $181,239,000, of which $67,993,000 shall be for subpart
7 2 of part A of title VI and $7,865,000 shall be for subpart
8 3 of part A of title VI: Provided, That the 5 percent limita-
9 tion in sections 6115(d), 6121(e), and 6133(g) of the
10 ESEA on the use of funds for administrative purposes
11 shall apply only to direct administrative costs.
12 INNOVATION AND IMPROVEMENT
13 For carrying out activities authorized by subparts 1,

14 3 and 4 of part B of title II, and parts C, D, and E and
15 subparts 1 and 4 of part F of title IV of the ESEA,
16 $1,114,250,000: Provided, That $285,250,000 shall be for
17 subparts 1, 3 and 4 of part B of title II and shall be made
18 available without regard to sections 2201, 2231(b) and
19 2241: Provided further, That $635,000,000 shall be for
20 parts C, D, and E and subpart 4 of part F of title IV,
21 and shall be made available without regard to sections
22 4311, 4409(a), and 4601 of the ESEA: Provided further,
23 That section 4303(d)(3)(A)(i) shall not apply to the funds
24 available for part C of title IV: Provided further, That of
25 the funds available for part C of title IV, the Secretary
December 21, 2020 (12:59 p.m.)

1029
1 shall use $60,000,000 to carry out section 4304, of which
2 not more than $10,000,000 shall be available to carry out
3 section 4304(k), $140,000,000, to remain available
4 through March 31, 2022, to carry out section 4305(b),
5 and not more than $15,000,000 to carry out the activities
6 in section 4305(a)(3): Provided further, That notwith-
7 standing section 4601(b), $194,000,000 shall be available
8 through December 31, 2021 for subpart 1 of part F of
9 title IV.
10 SAFE SCHOOLS AND CITIZENSHIP EDUCATION
11 For carrying out activities authorized by subparts 2
12 and 3 of part F of title IV of the ESEA, $217,000,000:
13 Provided, That $106,000,000 shall be available for section
14 4631, of which up to $5,000,000, to remain available until
15 expended, shall be for the Project School Emergency Re-
16 sponse to Violence (Project SERV) program: Provided fur-
17 ther, That $30,000,000 shall be available for section 4625:
18 Provided further, That $81,000,000 shall be available
19 through December 31, 2021, for section 4624.
20 ENGLISH LANGUAGE ACQUISITION
21 For carrying out part A of title III of the ESEA,
22 $797,400,000, which shall become available on July 1,
23 2021, and shall remain available through September 30,
24 2022, except that 6.5 percent of such amount shall be
25 available on October 1, 2020, and shall remain available
December 21, 2020 (12:59 p.m.)

1030
1 through September 30, 2022, to carry out activities under
2 section 3111(c)(1)(C).
3 SPECIAL EDUCATION
4 For carrying out the Individuals with Disabilities
5 Education Act (IDEA) and the Special Olympics Sport
6 and Empowerment Act of 2004, $14,070,743,000, of
7 which $4,533,544,000 shall become available on July 1,
8 2021, and shall remain available through September 30,
9 2022, and of which $9,283,383,000 shall become available
10 on October 1, 2021, and shall remain available through
11 September 30, 2022, for academic year 2021–2022: Pro-
12 vided, That the amount for section 611(b)(2) of the IDEA
13 shall be equal to the lesser of the amount available for
14 that activity during fiscal year 2020, increased by the
15 amount of inflation as specified in section 619(d)(2)(B)
16 of the IDEA, or the percent change in the funds appro-
17 priated under section 611(i) of the IDEA, but not less
18 than the amount for that activity during fiscal year 2020:
19 Provided further, That the Secretary shall, without regard
20 to section 611(d) of the IDEA, distribute to all other
21 States (as that term is defined in section 611(g)(2)), sub-
22 ject to the third proviso, any amount by which a State’s
23 allocation under section 611, from funds appropriated
24 under this heading, is reduced under section
25 612(a)(18)(B), according to the following: 85 percent on
December 21, 2020 (12:59 p.m.)

1031
1 the basis of the States’ relative populations of children
2 aged 3 through 21 who are of the same age as children
3 with disabilities for whom the State ensures the avail-
4 ability of a free appropriate public education under this
5 part, and 15 percent to States on the basis of the States’
6 relative populations of those children who are living in pov-
7 erty: Provided further, That the Secretary may not dis-
8 tribute any funds under the previous proviso to any State
9 whose reduction in allocation from funds appropriated
10 under this heading made funds available for such a dis-
11 tribution: Provided further, That the States shall allocate
12 such funds distributed under the second proviso to local
13 educational agencies in accordance with section 611(f):
14 Provided further, That the amount by which a State’s allo-
15 cation under section 611(d) of the IDEA is reduced under
16 section 612(a)(18)(B) and the amounts distributed to
17 States under the previous provisos in fiscal year 2012 or
18 any subsequent year shall not be considered in calculating
19 the awards under section 611(d) for fiscal year 2013 or
20 for any subsequent fiscal years: Provided further, That,
21 notwithstanding the provision in section 612(a)(18)(B) re-
22 garding the fiscal year in which a State’s allocation under
23 section 611(d) is reduced for failure to comply with the
24 requirement of section 612(a)(18)(A), the Secretary may
25 apply the reduction specified in section 612(a)(18)(B) over
December 21, 2020 (12:59 p.m.)

1032
1 a period of consecutive fiscal years, not to exceed 5, until
2 the entire reduction is applied: Provided further, That the
3 Secretary may, in any fiscal year in which a State’s alloca-
4 tion under section 611 is reduced in accordance with sec-
5 tion 612(a)(18)(B), reduce the amount a State may re-
6 serve under section 611(e)(1) by an amount that bears
7 the same relation to the maximum amount described in
8 that paragraph as the reduction under section
9 612(a)(18)(B) bears to the total allocation the State
10 would have received in that fiscal year under section
11 611(d) in the absence of the reduction: Provided further,
12 That the Secretary shall either reduce the allocation of
13 funds under section 611 for any fiscal year following the
14 fiscal year for which the State fails to comply with the
15 requirement of section 612(a)(18)(A) as authorized by
16 section 612(a)(18)(B), or seek to recover funds under sec-
17 tion 452 of the General Education Provisions Act (20
18 U.S.C. 1234a): Provided further, That the funds reserved
19 under 611(c) of the IDEA may be used to provide tech-
20 nical assistance to States to improve the capacity of the
21 States to meet the data collection requirements of sections
22 616 and 618 and to administer and carry out other serv-
23 ices and activities to improve data collection, coordination,
24 quality, and use under parts B and C of the IDEA: Pro-
25 vided further, That the Secretary may use funds made
December 21, 2020 (12:59 p.m.)

1033
1 available for the State Personnel Development Grants pro-
2 gram under part D, subpart 1 of IDEA to evaluate pro-
3 gram performance under such subpart: Provided further,
4 That States may use funds reserved for other State-level
5 activities under sections 611(e)(2) and 619(f) of the IDEA
6 to make subgrants to local educational agencies, institu-
7 tions of higher education, other public agencies, and pri-
8 vate non-profit organizations to carry out activities au-
9 thorized by those sections: Provided further, That, not-
10 withstanding section 643(e)(2)(A) of the IDEA, if 5 or
11 fewer States apply for grants pursuant to section 643(e)
12 of such Act, the Secretary shall provide a grant to each
13 State in an amount equal to the maximum amount de-
14 scribed in section 643(e)(2)(B) of such Act: Provided fur-
15 ther, That if more than 5 States apply for grants pursuant
16 to section 643(e) of the IDEA, the Secretary shall award
17 funds to those States on the basis of the States’ relative
18 populations of infants and toddlers except that no such
19 State shall receive a grant in excess of the amount de-
20 scribed in section 643(e)(2)(B) of such Act: Provided fur-
21 ther, That States may use funds allotted under section
22 643(c) of the IDEA to make subgrants to local edu-
23 cational agencies, institutions of higher education, other
24 public agencies, and private non-profit organizations to
25 carry out activities authorized by section 638 of IDEA.
December 21, 2020 (12:59 p.m.)

1034
1 REHABILITATION SERVICES
3 vided, the Rehabilitation Act of 1973 and the Helen Keller
4 National Center Act, $3,814,220,000, of which
5 $3,675,021,000 shall be for grants for vocational rehabili-
6 tation services under title I of the Rehabilitation Act: Pro-
7 vided, That the Secretary may use amounts provided in
8 this Act that remain available subsequent to the reallot-
9 ment of funds to States pursuant to section 110(b) of the
10 Rehabilitation Act for innovative activities aimed at in-
11 creasing competitive integrated employment as defined in
12 section 7 of such Act for youth and other individuals with
13 disabilities: Provided further, That States may award sub-
14 grants for a portion of the funds to other public and pri-
15 vate, nonprofit entities: Provided further, That any funds
16 made available subsequent to reallotment for innovative
17 activities aimed at improving the outcomes of individuals
18 with disabilities shall remain available until September 30,
19 2022.
20 SPECIAL INSTITUTIONS FOR PERSONS WITH
21 DISABILITIES
22 AMERICAN PRINTING HOUSE FOR THE BLIND
23 For carrying out the Act to Promote the Education

24 of the Blind of March 3, 1879, $34,431,000.
December 21, 2020 (12:59 p.m.)

1035
1 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
2 For the National Technical Institute for the Deaf

3 under titles I and II of the Education of the Deaf Act
4 of 1986, $81,500,000: Provided, That from the total
5 amount available, the Institute may at its discretion use
6 funds for the endowment program as authorized under
7 section 207 of such Act.
8 GALLAUDET UNIVERSITY
9 For the Kendall Demonstration Elementary School,

10 the Model Secondary School for the Deaf, and the partial
11 support of Gallaudet University under titles I and II of
12 the Education of the Deaf Act of 1986, $140,361,000:
13 Provided, That from the total amount available, the Uni-
14 versity may at its discretion use funds for the endowment
15 program as authorized under section 207 of such Act.
16 CAREER, TECHNICAL, AND ADULT EDUCATION
18 vided, the Carl D. Perkins Career and Technical Edu-
19 cation Act of 2006 (‘‘Perkins Act’’) and the Adult Edu-
20 cation and Family Literacy Act (‘‘AEFLA’’),
21 $2,030,936,000, of which $1,239,936,000 shall become
22 available on July 1, 2021, and shall remain available
23 through September 30, 2022, and of which $791,000,000
24 shall become available on October 1, 2021, and shall re-
25 main available through September 30, 2022: Provided,
December 21, 2020 (12:59 p.m.)

1036
1 That of the amounts made available for AEFLA,
2 $13,712,000 shall be for national leadership activities
3 under section 242.
4 STUDENT FINANCIAL ASSISTANCE
5 For carrying out subparts 1, 3, and 10 of part A,
6 and part C of title IV of the HEA, $24,545,352,000 which
7 shall remain available through September 30, 2022.
8 The maximum Pell Grant for which a student shall
9 be eligible during award year 2021–2022 shall be $5,435.
10 STUDENT AID ADMINISTRATION
11 For Federal administrative expenses to carry out part
12 D of title I, and subparts 1, 3, 9, and 10 of part A, and
13 parts B, C, D, and E of title IV of the HEA, and subpart
14 1 of part A of title VII of the Public Health Service Act,
15 $1,853,943,000, to remain available through September
16 30, 2022: Provided, That the Secretary shall allocate new
17 student loan borrower accounts to eligible student loan
18 servicers on the basis of their past performance compared
19 to all loan servicers utilizing established common metrics,
20 and on the basis of the capacity of each servicer to process
21 new and existing accounts: Provided further, That for stu-
22 dent loan contracts awarded prior to October 1, 2017, the
23 Secretary shall allow student loan borrowers who are con-
24 solidating Federal student loans to select from any stu-
25 dent loan servicer to service their new consolidated student
December 21, 2020 (12:59 p.m.)

1037
1 loan: Provided further, That in order to promote account-
2 ability and high-quality service to borrowers, the Secretary
3 shall not award funding for any contract solicitation for
4 a new Federal student loan servicing environment, includ-
5 ing the solicitation for the Federal Student Aid (FSA)
6 Next Generation Processing and Servicing Environment,
7 unless such an environment provides for the participation
8 of multiple student loan servicers that contract directly
9 with the Department of Education to manage a unique
10 portfolio of borrower accounts and the full life-cycle of
11 loans from disbursement to pay-off with certain limited
12 exceptions, and allocates student loan borrower accounts
13 to eligible student loan servicers based on performance:
14 Provided further, That the Department shall re-allocate
15 accounts from servicers for recurring non-compliance with
16 FSA guidelines, contractual requirements, and applicable
17 laws, including for failure to sufficiently inform borrowers
18 of available repayment options: Provided further, That
19 such servicers shall be evaluated based on their ability to
20 meet contract requirements (including an understanding
21 of Federal and State law), future performance on the con-
22 tracts, and history of compliance with applicable consumer
23 protections laws: Provided further, That to the extent FSA
24 permits student loan servicing subcontracting, FSA shall
25 hold prime contractors accountable for meeting the re-
December 21, 2020 (12:59 p.m.)

1038
1 quirements of the contract, and the performance and ex-
2 pectations of subcontractors shall be accounted for in the
3 prime contract and in the overall performance of the prime
4 contractor: Provided further, That FSA shall ensure that
5 the Next Generation Processing and Servicing Environ-
6 ment, or any new Federal loan servicing environment,
7 incentivize more support to borrowers at risk of delin-
8 quency or default: Provided further, That FSA shall en-
9 sure that in such environment contractors have the capac-
10 ity to meet and are held accountable for performance on
11 service levels; are held accountable for and have a history
12 of compliance with applicable consumer protection laws;
13 and have relevant experience and demonstrated effective-
14 ness: Provided further, That the Secretary shall provide
15 quarterly briefings to the Committees on Appropriations
16 and Education and Labor of the House of Representatives
17 and the Committees on Appropriations and Health, Edu-
18 cation, Labor, and Pensions of the Senate on general
19 progress related to solicitations for Federal student loan
20 servicing contracts: Provided further, That FSA shall
21 strengthen transparency through expanded publication of
22 aggregate data on student loan and servicer performance:
23 Provided further, That not later than 60 days after enact-
24 ment of this Act, FSA shall provide to the Committees
December 21, 2020 (12:59 p.m.)

1039
1 Senate a detailed spend plan of anticipated uses of funds
2 made available in this account for fiscal year 2021 and
3 provide quarterly updates on this plan (including contracts
4 awarded, change orders, bonuses paid to staff, reorganiza-
5 tion costs, and any other activity carried out using
6 amounts provided under this heading for fiscal year 2021):
7 Provided further, That the FSA Next Generation Proc-
8 essing and Servicing Environment, or any new Federal
9 student loan servicing environment, shall include account-
10 ability measures that account for the performance of the
11 portfolio and contractor compliance with FSA guidelines:
12 Provided further, That, due to concerns with the transfer
13 of borrower accounts and to allow appropriate time for
14 review of the risks of current contracting plans, FSA shall
15 suspend awarding of any contract for the Interim Serv-
16 icing Solution (ISS) Solicitation (Solicitation No.
17 91003120R0018) for a period of not less than 90 days
18 after enactment of this Act: Provided further, That FSA
19 may not award funding for any contract under such ISS
20 Solicitation unless Business Process Operations (BPO)
21 Contractors are, as borrower accounts are migrated to
22 ISS, immediately responsible for all contact center and
23 back-office processing, as described in BPO Solicitation
24 No. 91003119R0008, necessary to deliver all such serv-
25 icing requirements for accounts that have been migrated
December 21, 2020 (12:59 p.m.)

1040
1 to ISS: Provided further, That notwithstanding the re-
2 quirements of the Federal Property and Administration
3 Services Act of 1949, 41 U.S.C. 3101 et. seq, as amended;
4 parts 6, 16, and 37 of title 48, Code of Federal Regula-
5 tions; or any other procurement limitation on the period
6 of performance, the Secretary may extend the period of
7 performance for any contract under section 456 of the
8 HEA for servicing activities scheduled to expire on Decem-
9 ber 14, 2021, or March 30, 2022, as applicable, for up
10 to two additional years from the date of expiration.
11 HIGHER EDUCATION
13 vided, titles II, III, IV, V, VI, VII, and VIII of the HEA,
14 the Mutual Educational and Cultural Exchange Act of
15 1961, and section 117 of the Perkins Act,
16 $2,541,661,000, of which $96,000,000 shall remain avail-
17 able through December 31, 2021: Provided, That notwith-
18 standing any other provision of law, funds made available
19 in this Act to carry out title VI of the HEA and section
20 102(b)(6) of the Mutual Educational and Cultural Ex-
21 change Act of 1961 may be used to support visits and
22 study in foreign countries by individuals who are partici-
23 pating in advanced foreign language training and inter-
24 national studies in areas that are vital to United States
25 national security and who plan to apply their language
December 21, 2020 (12:59 p.m.)

1041
1 skills and knowledge of these countries in the fields of gov-
2 ernment, the professions, or international development:
3 Provided further, That of the funds referred to in the pre-
4 ceding proviso up to 1 percent may be used for program
5 evaluation, national outreach, and information dissemina-
6 tion activities: Provided further, That up to 1.5 percent
7 of the funds made available under chapter 2 of subpart
8 2 of part A of title IV of the HEA may be used for evalua-
9 tion: Provided further, That section 313(d) of the HEA
10 shall not apply to an institution of higher education that
11 is eligible to receive funding under section 318 of the
12 HEA.
13 HOWARD UNIVERSITY
14 For partial support of Howard University,
15 $251,018,000, of which not less than $3,405,000 shall be
16 for a matching endowment grant pursuant to the Howard
17 University Endowment Act and shall remain available
18 until expended.
19 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS
20 PROGRAM
21 For Federal administrative expenses to carry out ac-
22 tivities related to existing facility loans pursuant to section
23 121 of the HEA, $435,000.
December 21, 2020 (12:59 p.m.)

1042
1 HISTORICALLY BLACK COLLEGE AND UNIVERSITY
2 CAPITAL FINANCING PROGRAM ACCOUNT
3 For the cost of guaranteed loans, $22,150,000, as au-
4 thorized pursuant to part D of title III of the HEA, which
5 shall remain available through September 30, 2022: Pro-
6 vided, That such costs, including the cost of modifying
7 such loans, shall be as defined in section 502 of the Con-
8 gressional Budget Act of 1974: Provided further, That
9 these funds are available to subsidize total loan principal,
10 any part of which is to be guaranteed, not to exceed
11 $278,266,000: Provided further, That these funds may be
12 used to support loans to public and private Historically
13 Black Colleges and Universities without regard to the limi-
14 tations within section 344(a) of the HEA.
15 In addition, $16,000,000, to remain available
16 through September 30, 2022, shall be made available to
17 provide for the deferment of loans made under part D of
18 title III of the HEA to eligible institutions that are private
19 Historically Black Colleges and Universities, which apply
20 for the deferment of such a loan and demonstrate financial
21 need for such deferment by having a score of 2.6 or less
22 on the Department of Education’s financial responsibility
23 test: Provided, That the loan has not been paid in full and
24 is not paid in full during the period of deferment: Provided
25 further, That during the period of deferment of such a
December 21, 2020 (12:59 p.m.)

1043
1 loan, interest on the loan will not accrue or be capitalized,
2 and the period of deferment shall be for at least a period
3 of 3-fiscal years and not more than 6-fiscal years: Pro-
4 vided further, That funds available under this paragraph
5 shall be used to fund eligible deferment requests submitted
6 for this purpose in fiscal year 2018: Provided further, That
7 the Secretary shall create and execute an outreach plan
8 to work with States and the Capital Financing Advisory
9 Board to improve outreach to States and help additional
10 public Historically Black Colleges and Universities partici-
11 pate in the program.
12 In addition, $10,000,000, to remain available
13 through September 30, 2022, shall be made available to
14 provide for the deferment of loans made under part D of
15 title III of the HEA to eligible institutions that are public
16 Historically Black Colleges and Universities, which apply
17 for the deferment of such a loan and demonstrate financial
18 need for such deferment, which shall be determined by the
19 Secretary of Education based on factors including, but not
20 limited to, equal to or greater than 5 percent of the
21 school’s operating revenue relative to its annual debt serv-
22 ice payment: Provided, That during the period of
23 deferment of such a loan, interest on the loan will not ac-
24 crue or be capitalized, and the period of deferment shall
December 21, 2020 (12:59 p.m.)

1044
1 be for at least a period of 3-fiscal years and not more
2 than 6-fiscal years.
4 the Historically Black College and University Capital Fi-
5 nancing Program entered into pursuant to part D of title
6 III of the HEA, $334,000.
7 INSTITUTE OF EDUCATION SCIENCES
8 For carrying out activities authorized by the Edu-
9 cation Sciences Reform Act of 2002, the National Assess-
10 ment of Educational Progress Authorization Act, section
11 208 of the Educational Technical Assistance Act of 2002,
12 and section 664 of the Individuals with Disabilities Edu-
13 cation Act, $642,462,000, which shall remain available
14 through September 30, 2022: Provided, That funds avail-
15 able to carry out section 208 of the Educational Technical
16 Assistance Act may be used to link Statewide elementary
17 and secondary data systems with early childhood, postsec-
18 ondary, and workforce data systems, or to further develop
19 such systems: Provided further, That up to $6,000,000 of
20 the funds available to carry out section 208 of the Edu-
21 cational Technical Assistance Act may be used for awards
22 to public or private organizations or agencies to support
23 activities to improve data coordination, quality, and use
24 at the local, State, and national levels.
December 21, 2020 (12:59 p.m.)

1045

4 vided, the Department of Education Organization Act, in-
5 cluding rental of conference rooms in the District of Co-
6 lumbia and hire of three passenger motor vehicles,
7 $430,000,000: Provided, That, notwithstanding any other
8 provision of law, none of the funds provided by this Act
9 or provided by previous Appropriations Acts to the De-
10 partment of Education available for obligation or expendi-
11 ture in the current fiscal year may be used for any activity
12 relating to implementing a reorganization that decentral-
13 izes, reduces the staffing level, or alters the responsibil-
14 ities, structure, authority, or functionality of the Budget
15 Service of the Department of Education, relative to the
16 organization and operation of the Budget Service as in
17 effect on January 1, 2018.
18 OFFICE FOR CIVIL RIGHTS
19 For expenses necessary for the Office for Civil

20 Rights, as authorized by section 203 of the Department
21 of Education Organization Act, $131,000,000.

24 General, as authorized by section 212 of the Department
December 21, 2020 (12:59 p.m.)

1046
1 of Education Organization Act, $63,000,000, of which
4 SEC. 301. No funds appropriated in this Act may be
5 used to prevent the implementation of programs of vol-
6 untary prayer and meditation in the public schools.

11 priated for the Department of Education in this Act may
12 be transferred between appropriations, but no such appro-
13 priation shall be increased by more than 3 percent by any
14 such transfer: Provided, That the transfer authority
15 granted by this section shall not be used to create any
16 new program or to fund any project or activity for which
17 no funds are provided in this Act: Provided further, That
20 in advance of any transfer.
21 SEC. 303. Funds appropriated in this Act and con-
22 solidated for evaluation purposes under section 8601(c) of
23 the ESEA shall be available from July 1, 2021, through
December 21, 2020 (12:59 p.m.)

1047
1 SEC. 304. (a) An institution of higher education that
2 maintains an endowment fund supported with funds ap-
3 propriated for title III or V of the HEA for fiscal year
4 2021 may use the income from that fund to award schol-
5 arships to students, subject to the limitation in section
6 331(c)(3)(B)(i) of the HEA. The use of such income for
7 such purposes, prior to the enactment of this Act, shall
8 be considered to have been an allowable use of that in-
9 come, subject to that limitation.
10 (b) Subsection (a) shall be in effect until titles III
11 and V of the HEA are reauthorized.
12 SEC. 305. Section 114(f) of the HEA (20 U.S.C.
13 1011c(f)) is amended by striking ‘‘2020’’ and inserting
14 ‘‘2021’’.
15 SEC. 306. Section 458(a) of the HEA (20 U.S.C.
16 1087h(a)) is amended in paragraph (4) by striking
17 ‘‘2020’’ and inserting ‘‘2021’’.
18 SEC. 307. Funds appropriated in this Act under the
19 heading ‘‘Student Aid Administration’’ may be available
20 for payments for student loan servicing to an institution
21 of higher education that services outstanding Federal Per-
22 kins Loans under part E of title IV of the Higher Edu-
23 cation Act of 1965 (20 U.S.C. 1087aa et seq.).
December 21, 2020 (12:59 p.m.)

1048
1 (RESCISSION)
2 SEC. 308. Of the unobligated balances available

3 under the heading ‘‘Student Financial Assistance’’ for car-
4 rying out subpart 1 of part A of title IV of the HEA,
5 $500,000,000 are hereby rescinded.
6 (RESCISSION)
7 SEC. 309. Of the amounts appropriated under Sec-

8 tion 401(b)(7)(A)(iv)(XI) of the Higher Education Act of
9 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(XI)) for fiscal year
10 2021, $28,000,000 are hereby rescinded.
11 SEC. 310. Of the amounts made available under this
12 title under the heading ‘‘Student Aid Administration’’,
13 $2,300,000 shall be used by the Secretary of Education
14 to conduct outreach to borrowers of loans made under part
15 D of title IV of the Higher Education Act of 1965 who
16 may intend to qualify for loan cancellation under section
17 455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that
18 borrowers are meeting the terms and conditions of such
19 loan cancellation: Provided, That the Secretary shall spe-
20 cifically conduct outreach to assist borrowers who would
21 qualify for loan cancellation under section 455(m) of such
22 Act except that the borrower has made some, or all, of
23 the 120 required payments under a repayment plan that
24 is not described under section 455(m)(A) of such Act, to
25 encourage borrowers to enroll in a qualifying repayment
December 21, 2020 (12:59 p.m.)

1049
1 plan: Provided further, That the Secretary shall also com-
2 municate to all Direct Loan borrowers the full require-
3 ments of section 455(m) of such Act and improve the fil-
4 ing of employment certification by providing improved out-
5 reach and information such as outbound calls, electronic
6 communications, ensuring prominent access to program
7 requirements and benefits on each servicer’s website, and
8 creating an option for all borrowers to complete the entire
9 payment certification process electronically and on a cen-
10 tralized website.
11 SEC. 311. For an additional amount for ‘‘Department
12 of Education—Federal Direct Student Loan Program Ac-
13 count’’, $50,000,000, to remain available until expended,
14 shall be for the cost, as defined under section 502 of the
15 Congressional Budget Act of 1974, of the Secretary of
16 Education providing loan cancellation in the same manner
17 as under section 455(m) of the Higher Education Act of
18 1965 (20 U.S.C. 1087e(m)), for borrowers of loans made
19 under part D of title IV of such Act who would qualify
20 for loan cancellation under section 455(m) except some,
21 or all, of the 120 required payments under section
22 455(m)(1)(A) do not qualify for purposes of the program
23 because they were monthly payments made in accordance
24 with graduated or extended repayment plans as described
25 under subparagraph (B) or (C) of section 455(d)(1) or
December 21, 2020 (12:59 p.m.)

1050
1 the corresponding repayment plan for a consolidation loan
2 made under section 455(g) and that were less than the
3 amount calculated under section 455(d)(1)(A), based on
4 a 10-year repayment period: Provided, That the monthly
5 payment made 12 months before the borrower applied for
6 loan cancellation as described in the matter preceding this
7 proviso and the most recent monthly payment made by
8 the borrower at the time of such application were each
9 not less than the monthly amount that would be calculated
10 under, and for which the borrower would otherwise qualify
11 for, clause (i) or (iv) of section 455(m)(1)(A) regarding
12 income-based or income-contingent repayment plans, with
13 exception for a borrower who would have otherwise been
14 eligible under this section but demonstrates an unusual
15 fluctuation of income over the past 5 years: Provided fur-
16 ther, That the total loan volume, including outstanding
17 principal, fees, capitalized interest, or accrued interest, at
18 application that is eligible for such loan cancellation by
19 such borrowers shall not exceed $75,000,000: Provided
20 further, That the Secretary shall develop and make avail-
21 able a simple method for borrowers to apply for loan can-
22 cellation under this section within 60 days of enactment
23 of this Act: Provided further, That the Secretary shall pro-
24 vide loan cancellation under this section to eligible bor-
25 rowers on a first-come, first-serve basis, based on the date
December 21, 2020 (12:59 p.m.)

1051
1 of application and subject to both the limitation on total
2 loan volume at application for such loan cancellation speci-
3 fied in the second proviso and the availability of appropria-
4 tions under this section: Provided further, That no bor-
5 rower may, for the same service, receive a reduction of
6 loan obligations under both this section and section 428J,
7 428K, 428L, or 460 of such Act.
9 Act may be used in contravention of section 203 of the
10 Department of Education Organization Act (20 U.S.C.
11 3413).
13 SEC. 313. There is hereby established in the Treasury

14 of the United States a fund to be known as the ‘‘Depart-
15 ment of Education Nonrecurring Expenses Fund’’ (the
16 Fund): Provided, That unobligated balances of expired
17 discretionary funds appropriated for this or any suc-
18 ceeding fiscal year from the General Fund of the Treasury
19 to the Department of Education by this or any other Act
20 may be transferred (not later than the end of the fifth
21 fiscal year after the last fiscal year for which such funds
22 are available for the purposes for which appropriated) into
23 the Fund: Provided further, That amounts deposited in the
24 Fund shall be available until expended, and in addition
25 to such other funds as may be available for such purposes,
December 21, 2020 (12:59 p.m.)

1052
1 for information and business technology system mod-
2 ernization and facilities infrastructure improvements nec-
3 essary for the operation of the Department, subject to ap-
4 proval by the Office of Management and Budget: Provided
5 further, That amounts in the Fund may be obligated only
6 after the Committees on Appropriations of the House of
7 Representatives and the Senate are notified at least 30
8 days in advance of the specific information and business
9 technology system modernization project or facility infra-
10 structure improvement obligations planned for such
11 amounts.
12 SEC. 314. (a) The General Education Provisions Act
13 (20 U.S.C. 1221 et seq.) is amended by striking section
14 426.
15 (b) Paragraph (9) of section 4407(a) of the Elemen-
16 tary and Secondary Education Act of 1965 (20 U.S.C.
17 7231f(a)) is amended by striking ‘‘notwithstanding section
18 426 of the General Education Provisions Act (20 U.S.C.
19 1228),’’.
20 SEC. 315. Section 2101(b) of the Elementary and
21 Secondary Education Act of 1965 (20 U.S.C. 6611(b)) is
22 amended—(1) in paragraph (2)(A)(iv), by inserting
23 ‘‘through fiscal year 2022’’ after ‘‘fiscal year 2020’’; and
24 (2) in paragraph (3), by striking ‘‘2021’’ both places it
25 appears and inserting ‘‘2023’’ in its place.
December 21, 2020 (12:59 p.m.)

1053
1 RURAL AND LOW-INCOME SCHOOL PROGRAM
2 ADJUSTMENTS
3 SEC. 316. (a) HOLD HARMLESS.—For the purpose

4 of making awards under section 5221 of the Elementary
5 and Secondary Education Act of 1965 (20 U.S.C. 7351)
6 for a fiscal year during the period described in subsection
7 (c), the Secretary of Education and each State educational
8 agency shall treat as eligible to receive a grant under such
9 section—
10 (1) any local educational agency that meets the
11 eligibility requirements described in section
12 5221(b)(1) of such Act for such fiscal year, in ac-
13 cordance with subsection (d); and
14 (2) notwithstanding such section 5221(b)(1),
15 any local educational agency that does not meet the
16 eligibility requirements described in such section for
17 such fiscal year if—
18 (A) the local educational agency received a
19 grant under section 5221 of such Act for fiscal
20 year 2019;
21 (B) for fiscal year 2019, less than 20 per-
22 cent of the children ages 5 through 17 years
23 served by the local educational agency were
24 from families with incomes below the poverty
25 line, as determined by data from the Small
December 21, 2020 (12:59 p.m.)

1054
1 Area Income and Poverty Estimates of the Bu-
2 reau of the Census;
3 (C) the award for fiscal year 2019 was
4 based on alternative poverty data submitted by
5 the State to the Secretary despite data being
6 available from the Small Area Income and Pov-
7 erty Estimates of the Bureau of the Census;
8 and
9 (D) the local educational agency meets the
10 eligibility criteria described in section
11 5221(b)(1)(A)(ii) of such Act, or has obtained
12 a waiver under section 5221(b)(2) of such Act,
13 for the fiscal year for which the eligibility deter-
14 mination is being made.
15 (b) LIMITATIONS.—
16 (1) LIMITS ON LOCAL EDUCATIONAL AGENCY
17 AWARDS.—For the purposes of making an award

18 under section 5221(b) of the Elementary and Sec-
19 ondary Education Act of 1965 (20 U.S.C. 7351(b))
20 to local educational agencies described in subsection
21 (a)(2) for a fiscal year during the period described
22 in subsection (c), a State educational agency shall
23 provide an award to each such local educational
24 agency for such fiscal year that is not larger than—
December 21, 2020 (12:59 p.m.)

1055
1 (A) for fiscal year 2021, 100 percent of
2 the amount such local educational agency re-
3 ceived for fiscal year 2019;
4 (B) for fiscal year 2022, 100 percent of
7 (C) for fiscal year 2023, 83.33 percent of
10 (D) for fiscal year 2024, 66.67 percent of
13 (E) for fiscal year 2025, 50 percent of the
14 amount such local educational agency received
15 for fiscal year 2019;
16 (F) for fiscal year 2026, 33.33 percent of
18 ceived for fiscal year 2019; and
19 (G) for fiscal year 2027, 16.67 percent of
21 ceived for fiscal year 2019.
22 (2) ADJUSTMENTS TO STATE ALLOCATIONS.—
23 In determining grant amounts for each State edu-

24 cational agency under section 5221(a)(2) of the Ele-
25 mentary and Secondary Education Act of 1965 (20
December 21, 2020 (12:59 p.m.)

1056
1 U.S.C. 7351(a)(2)) for each fiscal year during the
2 period described in subsection (c), the Secretary of
3 Education shall reduce the amount that the State
4 educational agency would otherwise receive by the
5 combined amount of any reductions in grant awards
6 required under paragraph (1) for such year for the
7 local educational agencies described in subsection
8 (a)(2) that are served by the State educational agen-
9 cy.
10 (c) APPLICABILITY.—Subsections (a) and (b) shall be
11 in effect during the period—
12 (1) beginning on the first day of the fiscal year
13 in which this Act is enacted; and
14 (2) ending on the earlier of—
15 (A) September 30, 2027; or
16 (B) the last day of the fiscal year in which
17 an Act that reauthorizes the rural and low-in-
18 come school program under subpart 2 of part
19 B of title V of the Elementary and Secondary
20 Education Act of 1965 (20 U.S.C. 7351 et
21 seq.) is enacted.
22 (d) USE OF DATA MEASURES.—Except as provided
23 in subsection (a)(2), for the purpose of making awards
24 under section 5221 of the Elementary and Secondary
December 21, 2020 (12:59 p.m.)

1057
1 Education Act of 1965 (20 U.S.C. 7351) for any fiscal
2 year—
3 (1) if data are available from the Small Area
4 Income and Poverty Estimates of the Bureau of the
5 Census to determine a local educational agency’s en-
6 rollment of children from families with incomes
7 below the poverty line as described in section
8 5221(b)(1)(A)(i) of such Act, the Secretary of Edu-
9 cation and each State educational agency shall not
10 use alternative poverty data in determining such
11 local educational agency’s eligibility under such sec-
12 tion; and
13 (2) if data are not available from the Small
14 Area Income and Poverty Estimates of the Bureau
15 of the Census to determine a local educational agen-
16 cy’s enrollment of children from families with in-
17 comes below the poverty line as described in such
18 section 5221(b)(1)(A)(i), the Secretary and the
19 State educational agency shall determine such local
20 educational agency’s eligibility under such section
21 using the same State-derived poverty data used to
22 determine local educational agency allocations under
23 part A of title I of the Elementary and Secondary
24 Education Act of 1965 (20 U.S.C. 6311 et seq.).
December 21, 2020 (12:59 p.m.)

1058
1 SEC. 317. (a) IN GENERAL.—For the purpose of car-
2 rying out section 435(a)(2) of the Higher Education Act
3 of 1965 (20 U.S.C. 1085(a)(2)), the Secretary of Edu-
4 cation may waive the requirements under sections
5 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such Act (20
6 U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii))
7 for a private non-profit institution of higher education—
8 (1) that is an Alaska Native-Serving Institution (as de-
9 fined in section 317(A)(2) of such Act (20 U.S.C. 1059d))
10 and a Native American-Serving Non-Tribal Institution (as
11 defined in section 319(b)(2) (20 U.S.C. 1059f)) whose fall
12 enrollment for the most recently completed academic year
13 was comprised of a majority of students who are Indian
14 (as defined in such section) or Alaska Native (as defined
15 in section 317(b) of such Act (20 U.S.C. 1059d(b)) and
16 who are eligible to receive the maximum award under the
17 Pell Grant program; or (2) whose fall enrollment for the
18 most recently completed academic year was comprised of
19 a majority of the students who are African American (as
20 defined in section 322(2) of such act (20 U.S.C. 1061(2))
21 and at least 50% or more received Federal Pell Grant
22 Funds.
23 (b) APPLICABILITY.—Subsection (a) shall apply to an
24 institution of higher education that otherwise would be in-
25 eligible to participate in a program under part A of title
December 21, 2020 (12:59 p.m.)

1059
1 IV of the Higher Education Act of 1965 on or after the
2 date of enactment of this Act due to the application of
3 section 435(a)(2) of the Higher Education Act of 1965
4 (20 U.S.C. 1085(a)(2)).
5 (c) COVERAGE.—This section shall be in effect for the
6 period covered by this Act and for the succeeding fiscal
7 year.
8 SEC. 318. Of the amounts made available under the
9 heading ‘‘Department of Education—Rehabilitation Serv-
10 ices’’ in title III of the Departments of Labor, Health and
11 Human Services, and Education, and Related Agencies
12 Appropriations Act, 2020 (division A of Public Law 116–
13 94) that remain available subsequent to the reallotment
14 of funds to States pursuant to section 110(b) of the Reha-
15 bilitation Act of 1973 (Public Law 93–112), $20,000,000
16 shall be available to the Secretary for one-time financial
17 relief and restoration grants consistent with the purposes
18 of the Randolph-Sheppard Act as authorized under section
19 10 of such Act (20 U.S.C. 107f): Provided, That the Sec-
20 retary shall use such funds to make grants to each State
21 licensing agency in the same proportion as the number of
22 blind vendors operating a vending facility in such State
23 as compared to the number of blind vendors operating a
24 vending facility in all the States on September 30, 2019:
25 Provided further, That the State licensing agency shall use
December 21, 2020 (12:59 p.m.)

1060
1 these grants to make financial relief and restoration pay-
2 ments to offset losses of blind vendors that occurred dur-
3 ing calendar year 2020, but only to the extent that such
4 losses are not otherwise compensated: Provided further,
5 That any funds in excess of the amount needed for finan-
6 cial relief and restoration payments to blind vendors shall
7 be used by the State licensing agency for other purposes
8 authorized by section 395.9 of title 34, Code of Federal
9 Regulations, as in effect on the date of enactment of this
10 Act, and determined through active participation with the
11 State committee of blind vendors as required: Provided
12 further, That such funds shall remain available to the Sec-
13 retary until September 30, 2021.
14 This title may be cited as the ‘‘Department of Edu-
15 cation Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

1061
1 TITLE IV
2 RELATED AGENCIES
3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE
4 BLIND OR SEVERELY DISABLED
6 For expenses necessary for the Committee for Pur-

7 chase From People Who Are Blind or Severely Disabled
8 (referred to in this title as ‘‘the Committee’’) established
9 under section 8502 of title 41, United States Code,
10 $10,500,000: Provided, That in order to authorize any
11 central nonprofit agency designated pursuant to section
12 8503(c) of title 41, United States Code, to perform re-
13 quirements of the Committee as prescribed under section
14 51–3.2 of title 41, Code of Federal Regulations, the Com-
15 mittee shall enter into a written agreement with any such
16 central nonprofit agency: Provided further, That such
17 agreement shall contain such auditing, oversight, and re-
18 porting provisions as necessary to implement chapter 85
19 of title 41, United States Code: Provided further, That
20 such agreement shall include the elements listed under the
21 heading ‘‘Committee For Purchase From People Who Are
22 Blind or Severely Disabled—Written Agreement Ele-
23 ments’’ in the explanatory statement described in section
24 4 of Public Law 114–113 (in the matter preceding division
25 A of that consolidated Act): Provided further, That any
December 21, 2020 (12:59 p.m.)

1062
1 such central nonprofit agency may not charge a fee under
2 section 51–3.5 of title 41, Code of Federal Regulations,
3 prior to executing a written agreement with the Com-
4 mittee: Provided further, That no less than $2,500,000
5 shall be available for the Office of Inspector General.
6 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
8 For necessary expenses for the Corporation for Na-

9 tional and Community Service (referred to in this title as
10 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act
11 of 1973 (referred to in this title as ‘‘1973 Act’’) and the
12 National and Community Service Act of 1990 (referred
13 to in this title as ‘‘1990 Act’’), $843,115,000, notwith-
14 standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
15 501(a)(4)(F) of the 1990 Act: Provided, That of the
16 amounts provided under this heading: (1) up to 1 percent
17 of program grant funds may be used to defray the costs
18 of conducting grant application reviews, including the use
19 of outside peer reviewers and electronic management of
20 the grants cycle; (2) $18,538,000 shall be available to pro-
21 vide assistance to State commissions on national and com-
22 munity service, under section 126(a) of the 1990 Act and
23 notwithstanding section 501(a)(5)(B) of the 1990 Act; (3)
24 $33,500,000 shall be available to carry out subtitle E of
25 the 1990 Act; and (4) $6,400,000 shall be available for
December 21, 2020 (12:59 p.m.)

1063
1 expenses authorized under section 501(a)(4)(F) of the
2 1990 Act, which, notwithstanding the provisions of section
3 198P shall be awarded by CNCS on a competitive basis:
4 Provided further, That for the purposes of carrying out
5 the 1990 Act, satisfying the requirements in section
6 122(c)(1)(D) may include a determination of need by the
7 local community.
8 PAYMENT TO THE NATIONAL SERVICE TRUST
10 For payment to the National Service Trust estab-

11 lished under subtitle D of title I of the 1990 Act,
13 vided, That CNCS may transfer additional funds from the
14 amount provided within ‘‘Operating Expenses’’ allocated
15 to grants under subtitle C of title I of the 1990 Act to
16 the National Service Trust upon determination that such
17 transfer is necessary to support the activities of national
18 service participants and after notice is transmitted to the
20 atives and the Senate: Provided further, That amounts ap-
21 propriated for or transferred to the National Service Trust
22 may be invested under section 145(b) of the 1990 Act
23 without regard to the requirement to apportion funds
24 under 31 U.S.C. 1513(b).
December 21, 2020 (12:59 p.m.)

1064
2 For necessary expenses of administration as provided

3 under section 501(a)(5) of the 1990 Act and under section
4 504(a) of the 1973 Act, including payment of salaries, au-
5 thorized travel, hire of passenger motor vehicles, the rental
6 of conference rooms in the District of Columbia, the em-
7 ployment of experts and consultants authorized under 5
8 U.S.C. 3109, and not to exceed $2,500 for official recep-
9 tion and representation expenses, $86,487,000.

12 General in carrying out the Inspector General Act of 1978,
13 $6,500,000.
15 SEC. 401. CNCS shall make any significant changes

16 to program requirements, service delivery or policy only
17 through public notice and comment rulemaking. For fiscal
18 year 2021, during any grant selection process, an officer
19 or employee of CNCS shall not knowingly disclose any cov-
20 ered grant selection information regarding such selection,
21 directly or indirectly, to any person other than an officer
22 or employee of CNCS that is authorized by CNCS to re-
23 ceive such information.
24 SEC. 402. AmeriCorps programs receiving grants
25 under the National Service Trust program shall meet an
December 21, 2020 (12:59 p.m.)

1065
1 overall minimum share requirement of 24 percent for the
2 first 3 years that they receive AmeriCorps funding, and
3 thereafter shall meet the overall minimum share require-
4 ment as provided in section 2521.60 of title 45, Code of
5 Federal Regulations, without regard to the operating costs
6 match requirement in section 121(e) or the member sup-
7 port Federal share limitations in section 140 of the 1990
8 Act, and subject to partial waiver consistent with section
10 SEC. 403. Donations made to CNCS under section
11 196 of the 1990 Act for the purposes of financing pro-
12 grams and operations under titles I and II of the 1973
13 Act or subtitle B, C, D, or E of title I of the 1990 Act
14 shall be used to supplement and not supplant current pro-
15 grams and operations.
16 SEC. 404. In addition to the requirements in section
17 146(a) of the 1990 Act, use of an educational award for
18 the purpose described in section 148(a)(4) shall be limited
19 to individuals who are veterans as defined under section
20 101 of the Act.
21 SEC. 405. For the purpose of carrying out section
22 189D of the 1990 Act—
23 (1) entities described in paragraph (a) of such
24 section shall be considered ‘‘qualified entities’’ under
December 21, 2020 (12:59 p.m.)

1066
1 section 3 of the National Child Protection Act of
2 1993 (‘‘NCPA’’);
3 (2) individuals described in such section shall
4 be considered ‘‘volunteers’’ under section 3 of
5 NCPA; and
6 (3) State Commissions on National and Com-
7 munity Service established pursuant to section 178
8 of the 1990 Act, are authorized to receive criminal
9 history record information, consistent with Public
10 Law 92–544.
11 SEC. 406. Notwithstanding sections 139(b), 146 and
12 147 of the 1990 Act, an individual who successfully com-
13 pletes a term of service of not less than 1,200 hours dur-
14 ing a period of not more than one year may receive a na-
15 tional service education award having a value of 70 per-
16 cent of the value of a national service education award
17 determined under section 147(a) of the Act.
18 CORPORATION FOR PUBLIC BROADCASTING
19 For payment to the Corporation for Public Broad-
20 casting (‘‘CPB’’), as authorized by the Communications
21 Act of 1934, an amount which shall be available within
22 limitations specified by that Act, for the fiscal year 2023,
23 $475,000,000: Provided, That none of the funds made
24 available to CPB by this Act shall be used to pay for re-
25 ceptions, parties, or similar forms of entertainment for
December 21, 2020 (12:59 p.m.)

1067
1 Government officials or employees: Provided further, That
2 none of the funds made available to CPB by this Act shall
3 be available or used to aid or support any program or ac-
4 tivity from which any person is excluded, or is denied ben-
5 efits, or is discriminated against, on the basis of race,
6 color, national origin, religion, or sex: Provided further,
7 That none of the funds made available to CPB by this
8 Act shall be used to apply any political test or qualification
9 in selecting, appointing, promoting, or taking any other
10 personnel action with respect to officers, agents, and em-
11 ployees of CPB.
12 In addition, for the costs associated with replacing
13 and upgrading the public broadcasting interconnection
14 system and other technologies and services that create in-
15 frastructure and efficiencies within the public media sys-
16 tem, $20,000,000.
17 FEDERAL MEDIATION AND CONCILIATION SERVICE
19 For expenses necessary for the Federal Mediation

20 and Conciliation Service (‘‘Service’’) to carry out the func-
21 tions vested in it by the Labor-Management Relations Act,
22 1947, including hire of passenger motor vehicles; for ex-
23 penses necessary for the Labor-Management Cooperation
24 Act of 1978; and for expenses necessary for the Service
25 to carry out the functions vested in it by the Civil Service
December 21, 2020 (12:59 p.m.)

1068
1 Reform Act, $48,600,000, including up to $900,000 to re-
2 main available through September 30, 2022, for activities
3 authorized by the Labor-Management Cooperation Act of
4 1978: Provided, That notwithstanding 31 U.S.C. 3302,
5 fees charged, up to full-cost recovery, for special training
6 activities and other conflict resolution services and tech-
7 nical assistance, including those provided to foreign gov-
8 ernments and international organizations, and for arbitra-
9 tion services shall be credited to and merged with this ac-
10 count, and shall remain available until expended: Provided
11 further, That fees for arbitration services shall be available
12 only for education, training, and professional development
13 of the agency workforce: Provided further, That the Direc-
14 tor of the Service is authorized to accept and use on behalf
15 of the United States gifts of services and real, personal,
16 or other property in the aid of any projects or functions
17 within the Director’s jurisdiction.
18 FEDERAL MINE SAFETY AND HEALTH REVIEW
19 COMMISSION
21 For expenses necessary for the Federal Mine Safety

22 and Health Review Commission, $17,184,000.
December 21, 2020 (12:59 p.m.)

1069
1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES
2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS
3 AND ADMINISTRATION
4 For carrying out the Museum and Library Services

5 Act of 1996 and the National Museum of African Amer-
6 ican History and Culture Act, $257,000,000.
7 MEDICAID AND CHIP PAYMENT AND ACCESS
8 COMMISSION
10 For expenses necessary to carry out section 1900 of

11 the Social Security Act, $8,780,000.
12 MEDICARE PAYMENT ADVISORY COMMISSION
14 For expenses necessary to carry out section 1805 of

15 the Social Security Act, $12,905,000, to be transferred to
16 this appropriation from the Federal Hospital Insurance
17 Trust Fund and the Federal Supplementary Medical In-
18 surance Trust Fund.
19 NATIONAL COUNCIL ON DISABILITY
21 For expenses necessary for the National Council on

22 Disability as authorized by title IV of the Rehabilitation
23 Act of 1973, $3,350,000.
December 21, 2020 (12:59 p.m.)

1070
1 NATIONAL LABOR RELATIONS BOARD
3 For expenses necessary for the National Labor Rela-

4 tions Board to carry out the functions vested in it by the
5 Labor-Management Relations Act, 1947, and other laws,
6 $274,224,000: Provided, That no part of this appropria-
7 tion shall be available to organize or assist in organizing
8 agricultural laborers or used in connection with investiga-
9 tions, hearings, directives, or orders concerning bargaining
10 units composed of agricultural laborers as referred to in
11 section 2(3) of the Act of July 5, 1935, and as amended
12 by the Labor-Management Relations Act, 1947, and as de-
13 fined in section 3(f) of the Act of June 25, 1938, and
14 including in said definition employees engaged in the
15 maintenance and operation of ditches, canals, reservoirs,
16 and waterways when maintained or operated on a mutual,
17 nonprofit basis and at least 95 percent of the water stored
18 or supplied thereby is used for farming purposes.
20 SEC. 407. None of the funds provided by this Act

21 or previous Acts making appropriations for the National
22 Labor Relations Board may be used to issue any new ad-
23 ministrative directive or regulation that would provide em-
24 ployees any means of voting through any electronic means
December 21, 2020 (12:59 p.m.)

1071
1 in an election to determine a representative for the pur-
2 poses of collective bargaining.
3 NATIONAL MEDIATION BOARD

6 of the Railway Labor Act, including emergency boards ap-
7 pointed by the President, $14,300,000.
8 OCCUPATIONAL SAFETY AND HEALTH REVIEW
9 COMMISSION
11 For expenses necessary for the Occupational Safety

12 and Health Review Commission, $13,225,000.
13 RAILROAD RETIREMENT BOARD
14 DUAL BENEFITS PAYMENTS ACCOUNT
15 For payment to the Dual Benefits Payments Ac-

16 count, authorized under section 15(d) of the Railroad Re-
17 tirement Act of 1974, $13,000,000, which shall include
18 amounts becoming available in fiscal year 2021 pursuant
19 to section 224(c)(1)(B) of Public Law 98–76; and in addi-
20 tion, an amount, not to exceed 2 percent of the amount
21 provided herein, shall be available proportional to the
22 amount by which the product of recipients and the average
23 benefit received exceeds the amount available for payment
24 of vested dual benefits: Provided, That the total amount
25 provided herein shall be credited in 12 approximately
December 21, 2020 (12:59 p.m.)

1072
1 equal amounts on the first day of each month in the fiscal
2 year.
3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT
4 ACCOUNTS
5 For payment to the accounts established in the

6 Treasury for the payment of benefits under the Railroad
7 Retirement Act for interest earned on unnegotiated
8 checks, $150,000, to remain available through September
9 30, 2022, which shall be the maximum amount available
10 for payment pursuant to section 417 of Public Law 98–
11 76.
12 LIMITATION ON ADMINISTRATION
13 For necessary expenses for the Railroad Retirement

14 Board (‘‘Board’’) for administration of the Railroad Re-
15 tirement Act and the Railroad Unemployment Insurance
16 Act, $123,500,000, to be derived in such amounts as de-
17 termined by the Board from the railroad retirement ac-
18 counts and from moneys credited to the railroad unem-
19 ployment insurance administration fund: Provided, That
20 notwithstanding section 7(b)(9) of the Railroad Retire-
21 ment Act this limitation may be used to hire attorneys
22 only through the excepted service: Provided further, That
23 the previous proviso shall not change the status under
24 Federal employment laws of any attorney hired by the
25 Railroad Retirement Board prior to January 1, 2013: Pro-
December 21, 2020 (12:59 p.m.)

1073
1 vided further, That notwithstanding section 7(b)(9) of the
2 Railroad Retirement Act, this limitation may be used to
3 hire students attending qualifying educational institutions
4 or individuals who have recently completed qualifying edu-
5 cational programs using current excepted hiring authori-
6 ties established by the Office of Personnel Management:
7 Provided further, That $9,000,000 to remain available
8 until expended, shall be used to supplement, not supplant,
9 existing resources devoted to operations and improvements
10 for the Board’s Information Technology Investment Initia-
11 tives.
12 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

14 General for audit, investigatory and review activities, as
15 authorized by the Inspector General Act of 1978, not more
16 than $11,500,000, to be derived from the railroad retire-
17 ment accounts and railroad unemployment insurance ac-
18 count.
19 SOCIAL SECURITY ADMINISTRATION
20 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
21 For payment to the Federal Old-Age and Survivors

22 Insurance Trust Fund and the Federal Disability Insur-
23 ance Trust Fund, as provided under sections 201(m) and
24 1131(b)(2) of the Social Security Act, $11,000,000.
December 21, 2020 (12:59 p.m.)

1074
1 SUPPLEMENTAL SECURITY INCOME PROGRAM
2 For carrying out titles XI and XVI of the Social Se-

3 curity Act, section 401 of Public Law 92–603, section 212
4 of Public Law 93–66, as amended, and section 405 of
5 Public Law 95–216, including payment to the Social Secu-
6 rity trust funds for administrative expenses incurred pur-
7 suant to section 201(g)(1) of the Social Security Act,
9 vided, That any portion of the funds provided to a State
10 in the current fiscal year and not obligated by the State
11 during that year shall be returned to the Treasury: Pro-
12 vided further, That not more than $86,000,000 shall be
13 available for research and demonstrations under sections
14 1110, 1115, and 1144 of the Social Security Act, and re-
15 main available through September 30, 2023.
16 For making, after June 15 of the current fiscal year,
17 benefit payments to individuals under title XVI of the So-
18 cial Security Act, for unanticipated costs incurred for the
19 current fiscal year, such sums as may be necessary.
20 For making benefit payments under title XVI of the
21 Social Security Act for the first quarter of fiscal year
22 2022, $19,600,000,000, to remain available until ex-
23 pended.
December 21, 2020 (12:59 p.m.)

1075
2 For necessary expenses, including the hire of two pas-

3 senger motor vehicles, and not to exceed $20,000 for offi-
4 cial reception and representation expenses, not more than
5 $12,794,945,000 may be expended, as authorized by sec-
6 tion 201(g)(1) of the Social Security Act, from any one
7 or all of the trust funds referred to in such section: Pro-
8 vided, That not less than $2,500,000 shall be for the So-
9 cial Security Advisory Board: Provided further, That
10 $45,000,000 shall remain available until expended for in-
11 formation technology modernization, including related
12 hardware and software infrastructure and equipment, and
13 for administrative expenses directly associated with infor-
14 mation technology modernization: Provided further, That
16 30, 2022, for activities to address the disability hearings
17 backlog within the Office of Hearings Operations: Pro-
18 vided further, That unobligated balances of funds provided
19 under this paragraph at the end of fiscal year 2021 not
20 needed for fiscal year 2021 shall remain available until
21 expended to invest in the Social Security Administration
22 information technology and telecommunications hardware
23 and software infrastructure, including related equipment
24 and non-payroll administrative expenses associated solely
25 with this information technology and telecommunications
December 21, 2020 (12:59 p.m.)

1076
1 infrastructure: Provided further, That the Commissioner
2 of Social Security shall notify the Committees on Appro-
4 prior to making unobligated balances available under the
5 authority in the previous proviso: Provided further, That
6 reimbursement to the trust funds under this heading for
7 expenditures for official time for employees of the Social
8 Security Administration pursuant to 5 U.S.C. 7131, and
9 for facilities or support services for labor organizations
10 pursuant to policies, regulations, or procedures referred
11 to in section 7135(b) of such title shall be made by the
12 Secretary of the Treasury, with interest, from amounts in
13 the general fund not otherwise appropriated, as soon as
14 possible after such expenditures are made.
15 Of the total amount made available in the first para-
16 graph under this heading, not more than $1,575,000,000,
17 to remain available through March 31, 2022, is for the
18 costs associated with continuing disability reviews under
19 titles II and XVI of the Social Security Act, including
20 work-related continuing disability reviews to determine
21 whether earnings derived from services demonstrate an in-
22 dividual’s ability to engage in substantial gainful activity,
23 for the cost associated with conducting redeterminations
24 of eligibility under title XVI of the Social Security Act,
25 for the cost of co-operative disability investigation units,
December 21, 2020 (12:59 p.m.)

1077
1 and for the cost associated with the prosecution of fraud
2 in the programs and operations of the Social Security Ad-
3 ministration by Special Assistant United States Attorneys:
4 Provided, That, of such amount, $273,000,000 is provided
5 to meet the terms of section 251(b)(2)(B)(ii)(III) of the
7 1985, as amended, and $1,302,000,000 is additional new
8 budget authority specified for purposes of section
9 251(b)(2)(B) of such Act: Provided further, That, of the
10 additional new budget authority described in the preceding
11 proviso, up to $11,200,000 may be transferred to the ‘‘Of-
12 fice of Inspector General’’, Social Security Administration,
13 for the cost of jointly operated co-operative disability in-
14 vestigation units: Provided further, That such transfer au-
15 thority is in addition to any other transfer authority pro-
16 vided by law: Provided further, That the Commissioner
17 shall provide to the Congress (at the conclusion of the fis-
18 cal year) a report on the obligation and expenditure of
19 these funds, similar to the reports that were required by
20 section 103(d)(2) of Public Law 104–121 for fiscal years
21 1996 through 2002.
22 In addition, $135,000,000 to be derived from admin-
23 istration fees in excess of $5.00 per supplementary pay-
24 ment collected pursuant to section 1616(d) of the Social
25 Security Act or section 212(b)(3) of Public Law 93–66,
December 21, 2020 (12:59 p.m.)

1078
1 which shall remain available until expended: Provided,
2 That to the extent that the amounts collected pursuant
3 to such sections in fiscal year 2021 exceed $135,000,000,
4 the amounts shall be available in fiscal year 2022 only
5 to the extent provided in advance in appropriations Acts.
6 In addition, up to $1,000,000 to be derived from fees
7 collected pursuant to section 303(c) of the Social Security
8 Protection Act, which shall remain available until ex-
9 pended.

14 General Act of 1978, $30,000,000, together with not to
15 exceed $75,500,000, to be transferred and expended as
16 authorized by section 201(g)(1) of the Social Security Act
17 from the Federal Old-Age and Survivors Insurance Trust
18 Fund and the Federal Disability Insurance Trust Fund.
19 In addition, an amount not to exceed 3 percent of
20 the total provided in this appropriation may be transferred
21 from the ‘‘Limitation on Administrative Expenses’’, Social
22 Security Administration, to be merged with this account,
23 to be available for the time and purposes for which this
24 account is available: Provided, That notice of such trans-
25 fers shall be transmitted promptly to the Committees on
December 21, 2020 (12:59 p.m.)

1079
2 Senate at least 15 days in advance of any transfer.
December 21, 2020 (12:59 p.m.)

1080
1 TITLE V
4 SEC. 501. The Secretaries of Labor, Health and

5 Human Services, and Education are authorized to transfer
6 unexpended balances of prior appropriations to accounts
7 corresponding to current appropriations provided in this
8 Act. Such transferred balances shall be used for the same
9 purpose, and for the same periods of time, for which they
10 were originally appropriated.
14 SEC. 503. (a) No part of any appropriation contained
15 in this Act or transferred pursuant to section 4002 of
16 Public Law 111–148 shall be used, other than for normal
17 and recognized executive-legislative relationships, for pub-
18 licity or propaganda purposes, for the preparation, dis-
19 tribution, or use of any kit, pamphlet, booklet, publication,
20 electronic communication, radio, television, or video pres-
21 entation designed to support or defeat the enactment of
22 legislation before the Congress or any State or local legis-
23 lature or legislative body, except in presentation to the
24 Congress or any State or local legislature itself, or de-
25 signed to support or defeat any proposed or pending regu-
December 21, 2020 (12:59 p.m.)

1081
1 lation, administrative action, or order issued by the execu-
2 tive branch of any State or local government, except in
3 presentation to the executive branch of any State or local
4 government itself.
5 (b) No part of any appropriation contained in this
6 Act or transferred pursuant to section 4002 of Public Law
7 111–148 shall be used to pay the salary or expenses of
8 any grant or contract recipient, or agent acting for such
9 recipient, related to any activity designed to influence the
10 enactment of legislation, appropriations, regulation, ad-
11 ministrative action, or Executive order proposed or pend-
12 ing before the Congress or any State government, State
13 legislature or local legislature or legislative body, other
14 than for normal and recognized executive-legislative rela-
15 tionships or participation by an agency or officer of a
16 State, local or tribal government in policymaking and ad-
17 ministrative processes within the executive branch of that
18 government.
19 (c) The prohibitions in subsections (a) and (b) shall
20 include any activity to advocate or promote any proposed,
21 pending or future Federal, State or local tax increase, or
22 any proposed, pending, or future requirement or restric-
23 tion on any legal consumer product, including its sale or
24 marketing, including but not limited to the advocacy or
25 promotion of gun control.
December 21, 2020 (12:59 p.m.)

1082
1 SEC. 504. The Secretaries of Labor and Education
2 are authorized to make available not to exceed $28,000
3 and $20,000, respectively, from funds available for sala-
4 ries and expenses under titles I and III, respectively, for
5 official reception and representation expenses; the Direc-
6 tor of the Federal Mediation and Conciliation Service is
7 authorized to make available for official reception and rep-
8 resentation expenses not to exceed $5,000 from the funds
9 available for ‘‘Federal Mediation and Conciliation Service,
10 Salaries and Expenses’’; and the Chairman of the Na-
11 tional Mediation Board is authorized to make available for
12 official reception and representation expenses not to ex-
13 ceed $5,000 from funds available for ‘‘National Mediation
14 Board, Salaries and Expenses’’.
15 SEC. 505. When issuing statements, press releases,
16 requests for proposals, bid solicitations and other docu-
17 ments describing projects or programs funded in whole or
18 in part with Federal money, all grantees receiving Federal
19 funds included in this Act, including but not limited to
20 State and local governments and recipients of Federal re-
21 search grants, shall clearly state—
22 (1) the percentage of the total costs of the pro-
23 gram or project which will be financed with Federal
24 money;
December 21, 2020 (12:59 p.m.)

1083
1 (2) the dollar amount of Federal funds for the
2 project or program; and
3 (3) percentage and dollar amount of the total
4 costs of the project or program that will be financed
5 by non-governmental sources.
7 Act, and none of the funds in any trust fund to which
8 funds are appropriated in this Act, shall be expended for
9 any abortion.
10 (b) None of the funds appropriated in this Act, and
11 none of the funds in any trust fund to which funds are
12 appropriated in this Act, shall be expended for health ben-
13 efits coverage that includes coverage of abortion.
14 (c) The term ‘‘health benefits coverage’’ means the
15 package of services covered by a managed care provider
16 or organization pursuant to a contract or other arrange-
17 ment.
18 SEC. 507. (a) The limitations established in the pre-
19 ceding section shall not apply to an abortion—
20 (1) if the pregnancy is the result of an act of
21 rape or incest; or
22 (2) in the case where a woman suffers from a
23 physical disorder, physical injury, or physical illness,
24 including a life-endangering physical condition
25 caused by or arising from the pregnancy itself, that
December 21, 2020 (12:59 p.m.)

1084
1 would, as certified by a physician, place the woman
2 in danger of death unless an abortion is performed.
3 (b) Nothing in the preceding section shall be con-
4 strued as prohibiting the expenditure by a State, locality,
5 entity, or private person of State, local, or private funds
6 (other than a State’s or locality’s contribution of Medicaid
7 matching funds).
8 (c) Nothing in the preceding section shall be con-
9 strued as restricting the ability of any managed care pro-
10 vider from offering abortion coverage or the ability of a
11 State or locality to contract separately with such a pro-
12 vider for such coverage with State funds (other than a
13 State’s or locality’s contribution of Medicaid matching
14 funds).
15 (d)(1) None of the funds made available in this Act
16 may be made available to a Federal agency or program,
17 or to a State or local government, if such agency, program,
18 or government subjects any institutional or individual
19 health care entity to discrimination on the basis that the
20 health care entity does not provide, pay for, provide cov-
21 erage of, or refer for abortions.
22 (2) In this subsection, the term ‘‘health care
23 entity’’ includes an individual physician or other
24 health care professional, a hospital, a provider-spon-
25 sored organization, a health maintenance organiza-
December 21, 2020 (12:59 p.m.)

1085
1 tion, a health insurance plan, or any other kind of
2 health care facility, organization, or plan.
4 this Act may be used for—
5 (1) the creation of a human embryo or embryos
6 for research purposes; or
7 (2) research in which a human embryo or em-
8 bryos are destroyed, discarded, or knowingly sub-
9 jected to risk of injury or death greater than that
10 allowed for research on fetuses in utero under 45
11 CFR 46.204(b) and section 498(b) of the Public
12 Health Service Act (42 U.S.C. 289g(b)).
13 (b) For purposes of this section, the term ‘‘human
14 embryo or embryos’’ includes any organism, not protected
15 as a human subject under 45 CFR 46 as of the date of
16 the enactment of this Act, that is derived by fertilization,
17 parthenogenesis, cloning, or any other means from one or
18 more human gametes or human diploid cells.
20 this Act may be used for any activity that promotes the
21 legalization of any drug or other substance included in
22 schedule I of the schedules of controlled substances estab-
23 lished under section 202 of the Controlled Substances Act
24 except for normal and recognized executive-congressional
25 communications.
December 21, 2020 (12:59 p.m.)

1086
1 (b) The limitation in subsection (a) shall not apply
2 when there is significant medical evidence of a therapeutic
3 advantage to the use of such drug or other substance or
4 that federally sponsored clinical trials are being conducted
5 to determine therapeutic advantage.
7 Act may be used to promulgate or adopt any final stand-
8 ard under section 1173(b) of the Social Security Act pro-
9 viding for, or providing for the assignment of, a unique
10 health identifier for an individual (except in an individ-
11 ual’s capacity as an employer or a health care provider),
12 until legislation is enacted specifically approving the
13 standard.
15 Act may be obligated or expended to enter into or renew
16 a contract with an entity if—
17 (1) such entity is otherwise a contractor with
18 the United States and is subject to the requirement
19 in 38 U.S.C. 4212(d) regarding submission of an
20 annual report to the Secretary of Labor concerning
21 employment of certain veterans; and
22 (2) such entity has not submitted a report as
23 required by that section for the most recent year for
24 which such requirement was applicable to such enti-
25 ty.
December 21, 2020 (12:59 p.m.)

1087
5 vided in, this Act or any other appropriation Act.
7 Act to carry out the Library Services and Technology Act
8 may be made available to any library covered by para-
9 graph (1) of section 224(f) of such Act, as amended by
10 the Children’s Internet Protection Act, unless such library
11 has made the certifications required by paragraph (4) of
12 such section.
13 SEC. 514. (a) None of the funds provided under this
14 Act, or provided under previous appropriations Acts to the
15 agencies funded by this Act that remain available for obli-
16 gation or expenditure in fiscal year 2021, or provided from
17 any accounts in the Treasury of the United States derived
18 by the collection of fees available to the agencies funded
19 by this Act, shall be available for obligation or expenditure
20 through a reprogramming of funds that—
24 for any project or activity for which funds have been
25 denied or restricted;
December 21, 2020 (12:59 p.m.)

1088
1 (4) relocates an office or employees;
2 (5) reorganizes or renames offices;
3 (6) reorganizes programs or activities; or
4 (7) contracts out or privatizes any functions or
6 unless the Committees on Appropriations of the House of
7 Representatives and the Senate are consulted 15 days in
8 advance of such reprogramming or of an announcement
9 of intent relating to such reprogramming, whichever oc-
10 curs earlier, and are notified in writing 10 days in advance
11 of such reprogramming.
12 (b) None of the funds provided under this Act, or
13 provided under previous appropriations Acts to the agen-
14 cies funded by this Act that remain available for obligation
15 or expenditure in fiscal year 2021, or provided from any
16 accounts in the Treasury of the United States derived by
17 the collection of fees available to the agencies funded by
18 this Act, shall be available for obligation or expenditure
19 through a reprogramming of funds in excess of $500,000
20 or 10 percent, whichever is less, that—
21 (1) augments existing programs, projects (in-
22 cluding construction projects), or activities;
December 21, 2020 (12:59 p.m.)

1089
2 duction in personnel which would result in a change
3 in existing programs, activities, or projects as ap-
4 proved by Congress;
5 unless the Committees on Appropriations of the House of
6 Representatives and the Senate are consulted 15 days in
7 advance of such reprogramming or of an announcement
8 of intent relating to such reprogramming, whichever oc-
9 curs earlier, and are notified in writing 10 days in advance
10 of such reprogramming.
12 this Act may be used to request that a candidate for ap-
13 pointment to a Federal scientific advisory committee dis-
14 close the political affiliation or voting history of the can-
15 didate or the position that the candidate holds with re-
16 spect to political issues not directly related to and nec-
17 essary for the work of the committee involved.
18 (b) None of the funds made available in this Act may
19 be used to disseminate information that is deliberately
20 false or misleading.
21 SEC. 516. Within 45 days of enactment of this Act,
22 each department and related agency funded through this
23 Act shall submit an operating plan that details at the pro-
24 gram, project, and activity level any funding allocations
25 for fiscal year 2021 that are different than those specified
December 21, 2020 (12:59 p.m.)

1090
1 in this Act, the explanatory statement described in section
3 Act), or the fiscal year 2021 budget request.
4 SEC. 517. The Secretaries of Labor, Health and
5 Human Services, and Education shall each prepare and
6 submit to the Committees on Appropriations of the House
7 of Representatives and the Senate a report on the number
8 and amount of contracts, grants, and cooperative agree-
9 ments exceeding $500,000, individually or in total for a
10 particular project, activity, or programmatic initiative, in
11 value and awarded by the Department on a non-competi-
12 tive basis during each quarter of fiscal year 2021, but not
13 to include grants awarded on a formula basis or directed
14 by law. Such report shall include the name of the con-
15 tractor or grantee, the amount of funding, the govern-
16 mental purpose, including a justification for issuing the
17 award on a non-competitive basis. Such report shall be
18 transmitted to the Committees within 30 days after the
19 end of the quarter for which the report is submitted.
21 shall be expended or obligated by the Commissioner of So-
22 cial Security, for purposes of administering Social Security
23 benefit payments under title II of the Social Security Act,
24 to process any claim for credit for a quarter of coverage
25 based on work performed under a social security account
December 21, 2020 (12:59 p.m.)

1091
1 number that is not the claimant’s number and the per-
2 formance of such work under such number has formed the
3 basis for a conviction of the claimant of a violation of sec-
4 tion 208(a)(6) or (7) of the Social Security Act.
6 may be used by the Commissioner of Social Security or
7 the Social Security Administration to pay the compensa-
8 tion of employees of the Social Security Administration
9 to administer Social Security benefit payments, under any
10 agreement between the United States and Mexico estab-
11 lishing totalization arrangements between the social secu-
12 rity system established by title II of the Social Security
13 Act and the social security system of Mexico, which would
14 not otherwise be payable but for such agreement.
24 this or any other Act, or any prior Appropriations Act,
25 may be provided to the Association of Community Organi-
December 21, 2020 (12:59 p.m.)

1092
1 zations for Reform Now (ACORN), or any of its affiliates,
2 subsidiaries, allied organizations, or successors.
3 SEC. 522. For purposes of carrying out Executive
4 Order 13589, Office of Management and Budget Memo-
5 randum M–12–12 dated May 11, 2012, and requirements
6 contained in the annual appropriations bills relating to
7 conference attendance and expenditures:
8 (1) the operating divisions of HHS shall be con-
9 sidered independent agencies; and
10 (2) attendance at and support for scientific con-
11 ferences shall be tabulated separately from and not
12 included in agency totals.
13 SEC. 523. Federal agencies funded under this Act
14 shall clearly state within the text, audio, or video used for
15 advertising or educational purposes, including emails or
16 Internet postings, that the communication is printed, pub-
17 lished, or produced and disseminated at U.S. taxpayer ex-
18 pense. The funds used by a Federal agency to carry out
19 this requirement shall be derived from amounts made
20 available to the agency for advertising or other commu-
21 nications regarding the programs and activities of the
22 agency.
23 SEC. 524. (a) Federal agencies may use Federal dis-
24 cretionary funds that are made available in this Act to
25 carry out up to 10 Performance Partnership Pilots. Such
December 21, 2020 (12:59 p.m.)

1093
1 Pilots shall be governed by the provisions of section 526
2 of division H of Public Law 113–76, except that in car-
3 rying out such Pilots section 526 shall be applied by sub-
4 stituting ‘‘Fiscal Year 2021’’ for ‘‘Fiscal Year 2014’’ in
5 the title of subsection (b) and by substituting ‘‘September
6 30, 2025’’ for ‘‘September 30, 2018’’ each place it ap-
7 pears: Provided, That such pilots shall include commu-
8 nities that have experienced civil unrest.
9 (b) In addition, Federal agencies may use Federal
10 discretionary funds that are made available in this Act to
11 participate in Performance Partnership Pilots that are
12 being carried out pursuant to the authority provided by
13 section 526 of division H of Public Law 113–76, section
14 524 of division G of Public Law 113–235, section 525 of
15 division H of Public Law 114–113, section 525 of division
16 H of Public Law 115–31, section 525 of division H of
17 Public Law 115–141, and section 524 of division A of
18 Public Law 116–94.
19 (c) Pilot sites selected under authorities in this Act
20 and prior appropriations Acts may be granted by relevant
21 agencies up to an additional 5 years to operate under such
22 authorities.
23 SEC. 525. Not later than 30 days after the end of
24 each calendar quarter, beginning with the first month of
25 fiscal year 2021 the Departments of Labor, Health and
December 21, 2020 (12:59 p.m.)

1094
1 Human Services and Education and the Social Security
2 Administration shall provide the Committees on Appro-
3 priations of the House of Representatives and Senate a
4 report on the status of balances of appropriations: Pro-
5 vided, That for balances that are unobligated and uncom-
6 mitted, committed, and obligated but unexpended, the
7 monthly reports shall separately identify the amounts at-
8 tributable to each source year of appropriation (beginning
9 with fiscal year 2012, or, to the extent feasible, earlier
10 fiscal years) from which balances were derived.
11 SEC. 526. The Departments of Labor, Health and
12 Human Services, or Education shall provide to the Com-
14 and the Senate a comprehensive list of any new or com-
15 petitive grant award notifications, including supplements,
16 issued at the discretion of such Departments not less than
17 3 full business days before any entity selected to receive
18 a grant award is announced by the Department or its of-
19 fices (other than emergency response grants at any time
20 of the year or for grant awards made during the last 10
21 business days of the fiscal year, or if applicable, of the
22 program year).
24 this Act, no funds appropriated in this Act shall be used
25 to purchase sterile needles or syringes for the hypodermic
December 21, 2020 (12:59 p.m.)

1095
1 injection of any illegal drug: Provided, That such limita-
2 tion does not apply to the use of funds for elements of
3 a program other than making such purchases if the rel-
4 evant State or local health department, in consultation
5 with the Centers for Disease Control and Prevention, de-
6 termines that the State or local jurisdiction, as applicable,
7 is experiencing, or is at risk for, a significant increase in
8 hepatitis infections or an HIV outbreak due to injection
9 drug use, and such program is operating in accordance
10 with State and local law.
11 SEC. 528. Each department and related agency fund-
12 ed through this Act shall provide answers to questions
13 submitted for the record by members of the Committee
14 within 45 business days after receipt.
15 (RESCISSION)
16 SEC. 529. Of the unobligated balances made available

17 by section 301(b)(3) of Public Law 114–10,
18 $2,000,000,000 are hereby rescinded.
19 (RESCISSION)
20 SEC. 530. Of any available amounts appropriated

21 under section 2104(a)(24) of the Social Security Act (42
22 U.S.C. 1397dd) that are unobligated as of September 25,
23 2021, $1,000,000,000 are hereby rescinded as of such
24 date.
December 21, 2020 (12:59 p.m.)

1096
2 for purposes of carrying out section 2105(a)(3) of the So-
3 cial Security Act, $4,000,000,000 shall not be available
4 for obligation in this fiscal year.
5 SEC. 532. Of amounts deposited in the Child Enroll-
6 ment Contingency Fund under section 2104(n)(2) of the
7 Social Security Act and the income derived from invest-
8 ment of those funds pursuant to section 2104(n)(2)(C) of
9 that Act, $14,000,000,000 shall not be available for obli-
10 gation in this fiscal year.
11 SEC. 533. For an additional amount for ‘‘Department
12 of Health and Human Services—Administration for Chil-
13 dren and Families—Children and Families Services Pro-
14 grams’’, $638,000,000, to prevent, prepare for, and re-
15 spond to coronavirus, for necessary expenses for grants
16 to carry out a Low-Income Household Drinking Water
17 and Wastewater Emergency Assistance Program: Pro-
18 vided, That the Secretary of Health and Human Services
19 shall make grants to States and Indian Tribes to assist
20 low-income households, particularly those with the lowest
21 incomes, that pay a high proportion of household income
22 for drinking water and wastewater services, by providing
23 funds to owners or operators of public water systems or
24 treatment works to reduce arrearages of and rates charged
25 to such households for such services: Provided further,
December 21, 2020 (12:59 p.m.)

1097
1 That in carrying out this appropriation, the Secretary,
2 States, and Indian Tribes, as applicable, shall, as appro-
3 priate and to the extent practicable, use existing processes,
4 procedures, policies, and systems in place to provide as-
5 sistance to low-income households, including by using ex-
6 isting programs and program announcements, application
7 and approval processes: Provided further, That the Sec-
8 retary shall allot amounts appropriated in this section to
9 a State or Indian Tribe based on the following (i) the per-
10 centage of households in the State, or under the jurisdic-
11 tion of the Indian Tribe, with income equal to or less than
12 150 percent of the Federal poverty line, and (ii) the per-
13 centage of such households in the State, or under the ju-
14 risdiction of the Indian Tribe, that spend more than 30
15 percent of monthly income on housing: Provided further,
16 That up to 3 percent of the amount appropriated in this
17 section shall be reserved for Indian Tribes and tribal orga-
18 nizations: Provided further, That such amount is des-
19 ignated by the Congress as being for an emergency re-
20 quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
21 anced Budget and Emergency Deficit Control Act of 1985.
22 This division may be cited as the ‘‘Departments of
23 Labor, Health and Human Services, and Education, and
24 Related Agencies Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

1098
1 DIVISION I—LEGISLATIVE BRANCH
3 TITLE I
4 LEGISLATIVE BRANCH
5 SENATE
6 EXPENSE ALLOWANCES
7 For expense allowances of the Vice President,
8 $18,760; the President Pro Tempore of the Senate,
9 $37,520; Majority Leader of the Senate, $39,920; Minor-
10 ity Leader of the Senate, $39,920; Majority Whip of the
11 Senate, $9,980; Minority Whip of the Senate, $9,980;
12 President Pro Tempore Emeritus, $15,000; Chairmen of
13 the Majority and Minority Conference Committees, $4,690
14 for each Chairman; and Chairmen of the Majority and Mi-
15 nority Policy Committees, $4,690 for each Chairman; in
16 all, $189,840.
17 For representation allowances of the Majority and
18 Minority Leaders of the Senate, $14,070 for each such
19 Leader; in all, $28,140.
20 SALARIES, OFFICERS AND EMPLOYEES
21 For compensation of officers, employees, and others
22 as authorized by law, including agency contributions,
23 $222,727,000, which shall be paid from this appropriation
24 as follows:
December 21, 2020 (12:59 p.m.)

1099
1 OFFICE OF THE VICE PRESIDENT
2 For the Office of the Vice President, $2,533,000.

3 OFFICE OF THE PRESIDENT PRO TEMPORE
4 For the Office of the President Pro Tempore,

5 $759,000.
6 OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS
7 For the Office of the President Pro Tempore Emer-

8 itus, $326,000.
9 OFFICES OF THE MAJORITY AND MINORITY LEADERS
10 For Offices of the Majority and Minority Leaders,

11 $5,506,000.
12 OFFICES OF THE MAJORITY AND MINORITY WHIPS
13 For Offices of the Majority and Minority Whips,

14 $3,525,000.
15 COMMITTEE ON APPROPRIATIONS
16 For salaries of the Committee on Appropriations,

17 $16,143,000.
18 CONFERENCE COMMITTEES
19 For the Conference of the Majority and the Con-

20 ference of the Minority, at rates of compensation to be
21 fixed by the Chairman of each such committee,
22 $1,738,000 for each such committee; in all, $3,476,000.
December 21, 2020 (12:59 p.m.)

1100
1 OFFICES OF THE SECRETARIES OF THE CONFERENCE OF
2 THE MAJORITY AND THE CONFERENCE OF THE MINORITY
3 For Offices of the Secretaries of the Conference of

4 the Majority and the Conference of the Minority,
5 $862,000.
6 POLICY COMMITTEES
7 For salaries of the Majority Policy Committee and

8 the Minority Policy Committee, $1,776,000 for each such
9 committee; in all, $3,552,000.
10 OFFICE OF THE CHAPLAIN
11 For Office of the Chaplain, $510,000.

13 For Office of the Secretary, $26,818,000.

14 OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
15 For Office of the Sergeant at Arms and Doorkeeper,

16 $88,879,000.
17 OFFICES OF THE SECRETARIES FOR THE MAJORITY AND
18 MINORITY
19 For Offices of the Secretary for the Majority and the

20 Secretary for the Minority, $1,940,000.
21 AGENCY CONTRIBUTIONS AND RELATED EXPENSES
22 For agency contributions for employee benefits, as

23 authorized by law, and related expenses, $67,898,000.
December 21, 2020 (12:59 p.m.)

1101
1 OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE
2 For salaries and expenses of the Office of the Legisla-
3 tive Counsel of the Senate, $6,681,000.
4 OFFICE OF SENATE LEGAL COUNSEL
5 For salaries and expenses of the Office of Senate
6 Legal Counsel, $1,197,000.
7 EXPENSE ALLOWANCES OF THE SECRETARY OF THE
8 SENATE, SERGEANT AT ARMS AND DOORKEEPER OF
9 THE SENATE, AND SECRETARIES FOR THE MAJOR-

10 ITY AND MINORITY OF THE SENATE
11 For expense allowances of the Secretary of the Sen-
12 ate, $7,110; Sergeant at Arms and Doorkeeper of the Sen-
13 ate, $7,110; Secretary for the Majority of the Senate,
14 $7,110; Secretary for the Minority of the Senate, $7,110;
15 in all, $28,440.
16 CONTINGENT EXPENSES OF THE SENATE
17 INQUIRIES AND INVESTIGATIONS
18 For expenses of inquiries and investigations ordered

19 by the Senate, or conducted under paragraph 1 of rule
20 XXVI of the Standing Rules of the Senate, section 112
21 of the Supplemental Appropriations and Rescission Act,
22 1980 (Public Law 96–304), and Senate Resolution 281,
23 96th Congress, agreed to March 11, 1980, $133,265,000,
24 of which $13,350,000 shall remain available until Sep-
25 tember 30, 2023.
December 21, 2020 (12:59 p.m.)

1102
1 U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS
2 CONTROL
3 For expenses of the United States Senate Caucus on

4 International Narcotics Control, $508,000.
5 SECRETARY OF THE SENATE
6 For expenses of the Office of the Secretary of the

7 Senate, $9,536,000 of which $6,436,000 shall remain
8 available until September 30, 2025 and of which
10 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
11 For expenses of the Office of the Sergeant at Arms

12 and Doorkeeper of the Senate, $139,221,200, which shall
16 for the Joint Audible Warning System.
17 MISCELLANEOUS ITEMS
18 For miscellaneous items, $24,877,100 which shall re-

20 SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE
21 ACCOUNT
22 For Senators’ Official Personnel and Office Expense

23 Account, $461,000,000 of which $20,128,950 shall remain
24 available until September 30, 2023 and of which
December 21, 2020 (12:59 p.m.)

1103
1 $6,000,000 shall be allocated solely for the purpose of pro-
2 viding financial compensation to Senate interns.
3 OFFICIAL MAIL COSTS
4 For expenses necessary for official mail costs of the

5 Senate, $300,000.
8 REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFI-
9 CIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
10 TO BE USED FOR DEFICIT REDUCTION OR TO RE-
11 DUCE THE FEDERAL DEBT

13 law, any amounts appropriated under this Act under the
14 heading ‘‘SENATE’’ under the heading ‘‘CONTINGENT
15 EXPENSES OF THE SENATE’’ under the heading ‘‘SEN-
16 ATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE AC-
17 COUNT’’ shall be available for obligation only during the

18 fiscal year or fiscal years for which such amounts are
19 made available. Any unexpended balances under such al-
20 lowances remaining after the end of the period of avail-
21 ability shall be returned to the Treasury in accordance
22 with the undesignated paragraph under the center heading
23 ‘‘GENERAL PROVISION’’ under chapter XI of the
24 Third Supplemental Appropriation Act, 1957 (2 U.S.C.
25 4107) and used for deficit reduction (or, if there is no
December 21, 2020 (12:59 p.m.)

1104
1 Federal budget deficit after all such payments have been
2 made, for reducing the Federal debt, in such manner as
3 the Secretary of the Treasury considers appropriate).
4 RESCISSION

6 under the heading ‘‘Senate—Contingent Expenses of the
7 Senate—Settlements and Awards Reserve’’ in the Legisla-
8 tive Branch Appropriations Act, 1996 (Public Law 104–
9 53), $1,000,000 are hereby permanently rescinded.
10 EXTENSION OF AUTHORITY
11 SEC. 103. Section 21(d) of Senate Resolution 64 of

12 the One Hundred Thirteenth Congress, 1st session
13 (agreed to on March 5, 2013), as most recently amended
14 by section 103 of the Legislative Branch Appropriations
15 Act, 2019 (division B of Public Law 115–244), is further
16 amended by striking ‘‘December 31, 2020’’ and inserting
17 ‘‘December 31, 2022’’.
18 SENATE DEMOCRATIC LEADERSHIP OFFICES FUNDING
19 AND AUTHORITIES
20 SEC. 104. (a) In this section—

21 (1) the term ‘‘applicable conference’’ means the
22 majority or minority conference of the Senate, as ap-
23 plicable, that represents the Democratic party;
24 (2) the term ‘‘covered Congress’’ means the
25 117th Congress; and
December 21, 2020 (12:59 p.m.)

1105
1 (3) the term ‘‘covered period’’ means the period
2 beginning on the date on which the Secretary of the
3 applicable conference submits the letter described in
4 subsection (b) and ending on January 3, 2023.
5 (b) The Secretary of the applicable conference may,
6 by submission of a letter to the Disbursing Office of the
7 Senate on or after January 3, 2021, assign to the Assist-
8 ant Leader of the applicable conference the following du-
9 ties and authorities for the duration of the covered Con-
10 gress:
11 (1) The authority over any amounts made avail-
12 able for the Office of the Secretary of the applicable
13 conference.
14 (2) The duties and authorities of the Secretary
15 of the applicable conference under section 3 of title
16 I of division H of the Consolidated Appropriations
17 Act, 2008 (2 U.S.C. 6154), section 102 of chapter
18 VIII of title I of the Supplemental Appropriations
19 Act, 1979 (2 U.S.C. 6156), or any other provision
20 of law.
21 (c) For purposes of any individual employed by the
22 Office of the Assistant Leader of the applicable conference
23 during the covered period—
24 (1) any reference to the Office of the Secretary
25 of the applicable conference in the last sentence of
December 21, 2020 (12:59 p.m.)

1106
1 section 506(e) of the Supplemental Appropriations
2 Act, 1973 (2 U.S.C. 6314(e)) shall be deemed to
3 refer to the Office of the Assistant Leader of the ap-
4 plicable conference;
5 (2) any reference to the Office of the Secretary
6 of the applicable conference under subsection (b) of
7 the first section of S. Res. 458 (98th Congress) shall
8 be deemed to refer to the Office of the Assistant
9 Leader of the applicable conference; and
10 (3) any reference to the Secretary of the appli-
11 cable conference under section 207(e)(9)(M) of title
12 18, United States Code, shall be deemed to refer to
13 the Assistant Leader of the applicable conference.
14 (d) For purposes of any individual employed by the
15 Office of the Assistant Leader of the applicable conference
16 during the covered period and with respect to any practice
17 that occurs during the covered period, any reference to
18 the Office of the Secretary of the applicable conference
19 under section 220(e)(2)(C) of the Congressional Account-
20 ability Act of 1995 (2 U.S.C. 1351(e)(2)(C)) shall be
21 deemed to be a reference to the Office of the Assistant
22 Leader of the applicable conference.
23 (e) Nothing in this section shall be construed to have
24 any effect on the continuation of any procedure or action
25 initiated under the Congressional Accountability Act of
December 21, 2020 (12:59 p.m.)

1107
1 1995 (2 U.S.C. 1301 et seq.) or section 207 of title 18,
3 STUDENT LOAN CAP ADJUSTMENT
4 SEC. 105. (a) Section 102 of the Legislative Branch

5 Appropriations Act, 2002 (2 U.S.C. 4579) is amended—
6 (1) in subsection (c)(2)(A)—
7 (A) in clause (i), by striking ‘‘ $500’’ and
8 inserting ‘‘ $833’’; and
9 (B) in clause (ii), by striking ‘‘ $40,000’’
10 and inserting ‘‘ $80,000’’; and
11 (2) in subsection (h)(1), by striking ‘‘2 percent’’
12 each place it appears and inserting ‘‘2.5 percent’’.
13 (b) The amendments made by subsection (a) shall
14 take effect on March 1, 2021.
15 HOUSE OF REPRESENTATIVES
17 For salaries and expenses of the House of Represent-
18 atives, $1,480,819,000, as follows:
19 HOUSE LEADERSHIP OFFICES
20 For salaries and expenses, as authorized by law,
21 $28,884,000, including: Office of the Speaker,
22 $8,295,000, including $25,000 for official expenses of the
23 Speaker; Office of the Majority Floor Leader, $2,947,000,
24 including $10,000 for official expenses of the Majority
25 Leader; Office of the Minority Floor Leader, $8,295,000,
December 21, 2020 (12:59 p.m.)

1108
1 including $10,000 for official expenses of the Minority
2 Leader; Office of the Majority Whip, including the Chief
3 Deputy Majority Whip, $2,448,000, including $5,000 for
4 official expenses of the Majority Whip; Office of the Mi-
5 nority Whip, including the Chief Deputy Minority Whip,
6 $2,219,000, including $5,000 for official expenses of the
7 Minority Whip; Republican Conference, $2,340,000;
8 Democratic Caucus, $2,340,000: Provided, That such
9 amount for salaries and expenses shall remain available
10 from January 3, 2021 until January 2, 2022.
11 MEMBERS’ REPRESENTATIONAL ALLOWANCES
12 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES
13 OF MEMBERS, AND OFFICIAL MAIL
14 For Members’ representational allowances, including

15 Members’ clerk hire, official expenses, and official mail,
16 $640,000,000.
17 ALLOWANCE FOR COMPENSATION OF INTERNS IN
18 MEMBER OFFICES
19 For the allowance established under section 120 of
20 the Legislative Branch Appropriations Act, 2019 (2
21 U.S.C. 5322a) for the compensation of interns who serve
22 in the offices of Members of the House of Representatives,
23 $11,025,000, to remain available through January 2,
24 2022: Provided, That notwithstanding section 120(b) of
25 such Act, an office of a Member of the House of Rep-
December 21, 2020 (12:59 p.m.)

1109
1 resentatives may use not more than $25,000 of the allow-
2 ance available under this heading during calendar year
3 2021.
4 ALLOWANCE FOR COMPENSATION OF INTERNS IN HOUSE
5 LEADERSHIP OFFICES
6 For the allowance established under section 113 of
7 the Legislative Branch Appropriations Act, 2020 (2
8 U.S.C. 5106) for the compensation of interns who serve
9 in House leadership offices, $365,000, to remain available
10 through January 2, 2022: Provided, That of the amount
11 provided under this heading, $200,000 shall be available
12 for the compensation of interns who serve in House leader-
13 ship offices of the majority, to be allocated among such
14 offices by the Speaker of the House of Representatives,
15 and $165,000 shall be available for the compensation of
16 interns who serve in House leadership offices of the minor-
17 ity, to be allocated among such offices by the Minority
18 Floor Leader.
19 COMMITTEE EMPLOYEES
20 STANDING COMMITTEES, SPECIAL AND SELECT
21 For salaries and expenses of standing committees,
22 special and select, authorized by House resolutions,
23 $138,100,000: Provided, That such amount shall remain
24 available for such salaries and expenses until December
25 31, 2022, except that $3,100,000 of such amount shall
December 21, 2020 (12:59 p.m.)

1110
1 remain available until expended for committee room up-
2 grading.
3 COMMITTEE ON APPROPRIATIONS
4 For salaries and expenses of the Committee on Ap-
5 propriations, $24,725,000, including studies and examina-
6 tions of executive agencies and temporary personal serv-
7 ices for such committee, to be expended in accordance with
8 section 202(b) of the Legislative Reorganization Act of
9 1946 and to be available for reimbursement to agencies
10 for services performed: Provided, That such amount shall
11 remain available for such salaries and expenses until De-
12 cember 31, 2022.
13 SALARIES, OFFICERS AND EMPLOYEES
14 For compensation and expenses of officers and em-
15 ployees, as authorized by law, $260,781,000, including:
16 for salaries and expenses of the Office of the Clerk, includ-
17 ing the positions of the Chaplain and the Historian, and
18 including not more than $25,000 for official representa-
19 tion and reception expenses, of which not more than
20 $20,000 is for the Family Room and not more than
21 $2,000 is for the Office of the Chaplain, $31,975,000, of
22 which $4,000,000 shall remain available until expended;
23 for salaries and expenses of the Office of the Sergeant at
24 Arms, including the position of Superintendent of Garages
25 and the Office of Emergency Management, and including
December 21, 2020 (12:59 p.m.)

1111
1 not more than $3,000 for official representation and re-
2 ception expenses, $23,260,000, of which $11,000,000
3 shall remain available until expended; for salaries and ex-
4 penses of the Office of the Chief Administrative Officer
5 including not more than $3,000 for official representation
6 and reception expenses, $177,200,000, of which
7 $26,000,000 shall remain available until expended; for sal-
8 aries and expenses of the Office of Diversity and Inclusion,
9 $1,500,000; for salaries and expenses of the Office of the
10 Whistleblower Ombudsman, $1,000,000; for salaries and
11 expenses of the Office of the Inspector General,
12 $5,019,000; for salaries and expenses of the Office of Gen-
13 eral Counsel, $1,815,000; for salaries and expenses of the
14 Office of the Parliamentarian, including the Parliamen-
15 tarian, $2,000 for preparing the Digest of Rules, and not
16 more than $1,000 for official representation and reception
17 expenses, $2,088,000; for salaries and expenses of the Of-
18 fice of the Law Revision Counsel of the House,
19 $3,469,000; for salaries and expenses of the Office of the
20 Legislative Counsel of the House, $11,937,000; for sala-
21 ries and expenses of the Office of Interparliamentary Af-
22 fairs, $934,000; for other authorized employees,
23 $584,000.
December 21, 2020 (12:59 p.m.)

1112
1 ALLOWANCES AND EXPENSES
2 For allowances and expenses as authorized by House
3 resolution or law, $374,939,000, including: supplies, mate-
4 rials, administrative costs and Federal tort claims,
5 $1,555,000; official mail for committees, leadership of-
6 fices, and administrative offices of the House, $190,000;
7 Government contributions for health, retirement, Social
8 Security, contractor support for actuarial projections, and
9 other applicable employee benefits, $335,000,000, to re-
10 main available until March 31, 2022; salaries and ex-
11 penses for Business Continuity and Disaster Recovery,
13 until expended; transition activities for new members and
14 staff, $13,000,000, to remain available until expended;
15 Wounded Warrior Program and the Congressional Gold
16 Star Family Fellowship Program, $3,975,000, to remain
17 available until expended; Office of Congressional Ethics,
18 $1,711,000; and miscellaneous items including purchase,
19 exchange, maintenance, repair and operation of House
20 motor vehicles, interparliamentary receptions, and gratu-
21 ities to heirs of deceased employees of the House,
22 $1,000,000.
December 21, 2020 (12:59 p.m.)

1113
1 HOUSE OF REPRESENTATIVES MODERNIZATION
2 INITIATIVES ACCOUNT
4 For the House of Representatives Modernization Ini-

5 tiatives Account established in section 115, $2,000,000,
6 to remain available until expended: Provided, That dis-
7 bursement from this account is subject to approval of the
8 Committee on Appropriations of the House of Representa-
9 tives: Provided further, That funds provided in this ac-
10 count shall only be used for initiatives recommended by
11 the Select Committee on Modernization or approved by the
12 Committee on House Administration.
14 REQUIRING AMOUNTS REMAINING IN MEMBERS’ REP-
15 RESENTATIONAL ALLOWANCES TO BE USED FOR
16 DEFICIT REDUCTION OR TO REDUCE THE FEDERAL
17 DEBT

19 of law, any amounts appropriated under this Act for
20 ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND
21 EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOW-
22 ANCES’’ shall be available only for fiscal year 2021. Any

23 amount remaining after all payments are made under such
24 allowances for fiscal year 2021 shall be deposited in the
25 Treasury and used for deficit reduction (or, if there is no
December 21, 2020 (12:59 p.m.)

1114
1 Federal budget deficit after all such payments have been
2 made, for reducing the Federal debt, in such manner as
3 the Secretary of the Treasury considers appropriate).
4 (b) The Committee on House Administration of the
5 House of Representatives shall have authority to prescribe
6 regulations to carry out this section.
7 (c) As used in this section, the term ‘‘Member of the
8 House of Representatives’’ means a Representative in, or
9 a Delegate or Resident Commissioner to, the Congress.
10 LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

12 Act may be used by the Chief Administrative Officer of
13 the House of Representatives to make any payments from
14 any Members’ Representational Allowance for the leasing
15 of a vehicle, excluding mobile district offices, in an aggre-
16 gate amount that exceeds $1,000 for the vehicle in any
17 month.
18 CYBERSECURITY ASSISTANCE FOR HOUSE OF
19 REPRESENTATIVES
20 SEC. 112. The head of any Federal entity that pro-

21 vides assistance to the House of Representatives in the
22 House’s efforts to deter, prevent, mitigate, or remediate
23 cybersecurity risks to, and incidents involving, the infor-
24 mation systems of the House shall take all necessary steps
25 to ensure the constitutional integrity of the separate
December 21, 2020 (12:59 p.m.)

1115
1 branches of the government at all stages of providing the
2 assistance, including applying minimization procedures to
3 limit the spread or sharing of privileged House and Mem-
4 ber information.
5 RESCISSIONS OF FUNDS
6 SEC. 113. (a) Of the unobligated balances available

7 from prior appropriations Acts from the revolving fund es-
8 tablished under House Resolution 64, Ninety Eighth Con-
9 gress, agreed to February 8, 1983, as enacted into perma-
10 nent law by section 110 of the Congressional Operations
11 Appropriation Act, 1984 (2 U.S.C. 4917), $212,976 is
12 hereby rescinded.
13 (b) Of the unobligated balances available from prior
14 appropriations Acts from the revolving fund established in
15 the item relating to ‘‘Stationery’’ under the heading
16 ‘‘House of Representatives, Contingent Expenses of the
17 House’’ in the first section of the Legislative Branch Ap-
18 propriation Act, 1948 (2 U.S.C. 5534), $1,000,000 is
19 hereby rescinded.
20 (c) Of the unobligated balances available from prior
21 appropriations Acts from the Net Expenses of Tele-
22 communications Revolving Fund under section 102 of the
23 Legislative Branch Appropriations Act, 2005 (2 U.S.C.
24 5538), $3,000,000 is hereby rescinded.
December 21, 2020 (12:59 p.m.)

1116
2 SEC. 114. (a) INCREASE IN LIFETIME LIMIT.—Sec-

3 tion 105 of the Legislative Branch Appropriations Act,
4 2003 (2 U.S.C. 4536) is amended—
5 (1) by redesignating subsections (b) and (c) as
6 subsections (c) and (d); and
7 (2) by inserting after subsection (a) the fol-
8 lowing new subsection:
9 ‘‘(b) LIFETIME LIMIT ON AGGREGATE PAYMENTS
10 MADE ON BEHALF OF ANY INDIVIDUAL.—The aggregate
11 amount of payments made on behalf of any individual
12 under the program under this section by all employing of-
13 fices of the House of Representatives may not exceed
14 $80,000.’’.
15 (b) EFFECTIVE DATE; TRANSITION.—
16 (1) EFFECTIVE DATE.—The amendment made
17 by subsection (a) shall apply with respect to fiscal
18 year 2021 and each succeeding fiscal year.
19 (2) PERMITTING ADDITIONAL PAYMENTS ON
20 BEHALF OF INDIVIDUALS WHOSE PAYMENTS
21 REACHED PRIOR LIMIT.—In promulgating regula-

22 tions to carry out the amendment made by sub-
23 section (a), the Committee on House Administration
24 of the House of Representatives shall include regula-
25 tions to permit payments to be made under the pro-
December 21, 2020 (12:59 p.m.)

1117
1 gram under section 105 of the Legislative Branch
2 Appropriations Act, 2003 (2 U.S.C. 4536) on behalf
3 of an individual who—
4 (A) is an employee of an employing office
5 of the House during fiscal year 2021 or any
6 succeeding fiscal year;
7 (B) prior to fiscal year 2021, had pay-
8 ments made on the individual’s behalf under
9 the program under such section; and
10 (C) prior to fiscal year 2021, became ineli-
11 gible to have payments made on the individual’s
12 behalf under the program because the aggre-
13 gate amount of the payments made on the indi-
14 vidual’s behalf under the program reached the
15 limit on such aggregate amount which (under
16 regulations promulgated by the Committee) was
17 in effect prior to fiscal year 2021.
18 HOUSE OF REPRESENTATIVES MODERNIZATION
19 INITIATIVES ACCOUNT
20 SEC. 115. (a) ESTABLISHMENT.—There is hereby es-

21 tablished in the Treasury of the United States an account
22 for the House of Representatives to be known as the
23 ‘‘House of Representatives Modernization Initiatives Ac-
24 count’’ (hereafter in this section referred to as the ‘‘Ac-
25 count’’).
December 21, 2020 (12:59 p.m.)

1118
1 (b) USE OF FUNDS.—Funds in the Account shall be
2 used by the House of Representatives to carry out initia-
3 tives to modernize the operations of the House, including
4 initiatives to promote administrative efficiencies and ex-
5 pand the use of innovative technologies in offices of the
6 House.
7 (c) CONTINUING AVAILABILITY OF FUNDS.—Funds
8 in the Account are available without fiscal year limitation.
9 (d) AUTHORIZING TRANSFERS OF FUNDS AMONG
10 OTHER HOUSE ACCOUNTS.—Section 101(c)(2) of the
11 Legislative Branch Appropriations Act, 1993 (2 U.S.C.
12 5507(c)(2)) is amended by striking ‘‘, and ‘Allowance for
13 Compensation of Interns in House Leadership Offices’.’’
14 and inserting ‘‘ ‘Allowance for Compensation of Interns in
15 House Leadership Offices’, and ‘House of Representatives
16 Modernization Initiatives Account’.’’.
17 (e) EFFECTIVE DATE.—This section and the amend-
18 ments made by this section shall apply with respect to fis-
19 cal year 2021 and each succeeding fiscal year.
20 CONGRESSIONAL MAILING STANDARDS
21 SEC. 116. (a) SHORT TITLE.—This section may be

22 cited as the ‘‘Communications Outreach Media and Mail
23 Standards Act’’ or the ‘‘COMMS Act’’.
24 (b) RENAMING HOUSE COMMISSION ON CONGRES-
25 SIONAL MAILING STANDARDS.—
December 21, 2020 (12:59 p.m.)

1119
1 (1) IN GENERAL.—Section 5(a) of the Act enti-
2 tled ‘‘An Act to amend title 39, United States Code,
3 to clarify the proper use of the franking privilege by
4 Members of Congress, and for other purposes’’, ap-
5 proved December 18, 1973 (2 U.S.C. 501(a)), is
6 amended by striking ‘‘House Commission on Con-
7 gressional Mailing Standards’’ and inserting ‘‘House
8 Communications Standards Commission’’.
9 (2) CONFORMING AMENDMENTS.—
10 (A) TITLE 39.—Title 39, United States

11 Code, is amended by striking ‘‘House Commis-
12 sion on Congressional Mailing Standards’’ and
13 inserting ‘‘House Communications Standards
14 Commission’’ each place it appears in the fol-
15 lowing sections:
16 (i) Section 3210(a)(5), (a)(6)(D),
17 (b)(3), (d)(5), and (d)(6)(A).
18 (ii) Section 3216(e)(1) and (e)(2).
19 (iii) Section 3220(b).
20 (B) OTHER PROVISIONS.—Section 311 of
21 the Legislative Branch Appropriations Act,
22 1991 (2 U.S.C. 503) is amended by striking
23 ‘‘House Commission on Congressional Mailing
24 Standards’’ and inserting ‘‘House Communica-
December 21, 2020 (12:59 p.m.)

1120
1 tions Standards Commission’’ each place it ap-
2 pears in subsections (a)(3), (e)(1)(B), and (f).
3 (3) REFERENCES IN OTHER DOCUMENTS.—Any
4 reference in any rule, regulation, or other document

5 to the House Commission on Congressional Mailing
6 Standards shall be deemed to be a reference to the
7 House Communications Standards Commission.
8 (c) AUTHORITY OF COMMISSION OVER OFFICIAL
9 MASS COMMUNICATIONS.—
10 (1) AUTHORITY TO PROVIDE GUIDANCE RE-
11 GARDING DISSEMINATION OF MASS COMMUNICA-
12 TIONS.—
13 (A) IN GENERAL.—Section 5(d) of the Act

14 entitled ‘‘An Act to amend title 39, United
15 States Code, to clarify the proper use of the
16 franking privilege by Members of Congress, and
17 for other purposes’’, approved December 18,
18 1973 (2 U.S.C. 501(d)), is amended—
19 (i) in the first sentence, by striking
20 ‘‘The Commission’’ and inserting ‘‘(1) The
21 Commission’’; and
22 (ii) by adding at the end the following
23 new paragraph:
December 21, 2020 (12:59 p.m.)

1121
1 ‘‘(2) In addition to the guidance, assistance, ad-
2 vice, and counsel described in paragraph (1), the
3 Commission shall provide—
4 ‘‘(A) guidance, assistance, advice, and
5 counsel, through advisory opinions or consulta-
6 tions, in connection with any law and with any
7 rule or regulation of the House of Representa-
8 tives governing the dissemination of mass com-
9 munications other than franked mail; and
10 ‘‘(B) guidance, assistance, advice, and
11 counsel in connection with any law and with
12 any rule or regulation of the House of Rep-
13 resentatives governing the official content of
14 other official communications of any quantity,
15 whether solicited or unsolicited.’’.
16 (B) AUTHORITY TO INVESTIGATE COM-
17 PLAINTS.—Section 5(e) of such Act (2 U.S.C.

18 501(e)) is amended—
19 (i) in the first sentence, by striking
20 ‘‘Any complaint’’ and all that follows
21 through ‘‘is about to occur’’ and inserting
22 the following: ‘‘Any complaint that a viola-
23 tion of any provision of law or any rule or
24 regulation of the House of Representatives
December 21, 2020 (12:59 p.m.)

1122
1 to which subsection (d) applies is about to
2 occur’’; and
3 (ii) in the sentence beginning with
4 ‘‘Notwithstanding any other provision of
5 law’’, by striking ‘‘a violation of the frank-
6 ing laws or an abuse of the franking privi-
7 lege by any person listed under subsection
8 (d) of this section as entitled to send mail
9 as franked mail,’’ and inserting ‘‘a viola-
10 tion of any provision of law or any rule or
11 regulation of the House of Representatives
12 to which subsection (d) applies,’’.
13 (C) MASS COMMUNICATION DEFINED.—
14 Section 5 of such Act (2 U.S.C. 501) is amend-

15 ed by adding at the end the following new sub-
16 section:
17 ‘‘(h) In this section, the term ‘mass communication’
18 means a mass mailing described in section 3210(a)(6)(E)
19 of title 39, United States Code, or any other unsolicited
20 communication of substantially identical content which is
21 transmitted to 500 or more persons in a session of Con-
22 gress, as provided under regulations of the Commission,
23 except that such term does not include—
24 ‘‘(1) any communication from an individual de-
25 scribed in subsection (d) to another individual de-
December 21, 2020 (12:59 p.m.)

1123
1 scribed in subsection (d), a Senator, or any Federal,
2 State, local, or Tribal government official;
3 ‘‘(2) any news release to the communications
4 media;
5 ‘‘(3) any such mass mailing or unsolicited com-
6 munication made in direct response to a communica-
7 tion from a person to whom the mass mailing or un-
8 solicited communication was transmitted; or
9 ‘‘(4) in the case of any such unsolicited commu-
10 nication which is transmitted in a digital format, a
11 communication for which the cost of the content is
12 less than a threshold amount established under reg-
13 ulations of the House Communications Standards
14 Commission.’’.
15 (2) AUTHORITY TO REVIEW ALL UNSOLICITED
16 MASS COMMUNICATIONS.—
17 (A) REQUIRING REVIEW BEFORE DISSEMI-
18 NATION.—Section 311(f) of the Legislative

19 Branch Appropriations Act, 1991 (2 U.S.C.
20 503(f)) is amended—
21 (i) by striking ‘‘any mass mailing’’
22 and inserting ‘‘any mass communication’’;
23 (ii) by striking ‘‘mail matter’’ and in-
24 serting ‘‘matter’’; and
December 21, 2020 (12:59 p.m.)

1124
1 (iii) by striking ‘‘such proposed mail-
2 ing’’ and inserting ‘‘such proposed commu-
3 nication’’.
4 (B) EXCEPTION FOR CERTAIN COMMU-
5 NICATIONS.—Section 311(f) of such Act (2

6 U.S.C. 503(f)) is amended—
7 (i) by striking ‘‘A Member’’ and in-
8 serting ‘‘(1) Except as provided in para-
9 graph (2), a Member’’; and
11 new paragraph:
12 ‘‘(2) Paragraph (1) does not apply in the case of any
13 type of mass communication which is designated as ex-
14 empt from the requirements of such paragraph as pro-
15 vided under regulations of the House Communications
16 Standards Commission.’’.
17 (C) DEFINITION.—Section 311(g) of such
18 Act (2 U.S.C. 503(g)) is amended—
19 (i) by striking ‘‘and’’ at the end of
20 paragraph (1);
21 (ii) by striking the period at the end
22 of paragraph (2) and inserting ‘‘; and’’;
23 and
24 (iii) by adding at the end the fol-
25 lowing new paragraph:
December 21, 2020 (12:59 p.m.)

1125
1 ‘‘(3) the term ‘mass communication’ means a
2 mass mailing described in section 3210(a)(6)(E) of
3 title 39, United States Code, or any other unsolic-
4 ited communication of substantially identical content
5 which is transmitted to 500 or more persons in a
6 session of Congress, as provided under regulations of
7 the House Communications Standards Commission,
8 except that such term does not include—
9 ‘‘(A) any communication from a Member
10 of the House of Representatives to another
11 Member of the House of Representatives, a
12 Senator, or any Federal, State, or local govern-
13 ment official;
14 ‘‘(B) any news release to the communica-
15 tions media;
16 ‘‘(C) any such mass mailing or unsolicited
17 communication made in direct response to a
18 communication from a person to whom the
19 mass mailing or unsolicited communication was
20 transmitted; or
21 ‘‘(D) in the case of any such unsolicited
22 communication which is transmitted in a digital
23 format, a communication for which the cost of
24 the content is less than a threshold amount es-
December 21, 2020 (12:59 p.m.)

1126
1 tablished under regulations of the House Com-
2 munications Standards Commission.’’.
3 (3) CONFORMING AMENDMENT TO RULES OF
4 THE HOUSE OF REPRESENTATIVES.—Clause 9 of

5 rule XXIV of the Rules of the House of Representa-
6 tives is amended by inserting after ‘‘that session,’’
7 the following: ‘‘or any other unsolicited communica-
8 tion of substantially identical content which is trans-
9 mitted to 500 or more persons in that session or, in
10 the case of a digital communication of substantially
11 identical content, which is disseminated at a cost ex-
12 ceeding a designated amount, as provided under reg-
13 ulations of the House Communications Standards
14 Commission,’’.
15 (d) REVISION TO MASS MAILING NOTICE ON TAX-
16 PAYER FUNDING.—Section 311(a) of the Legislative
17 Branch Appropriations Act, 1997 (2 U.S.C. 506(a)) is
18 amended—
19 (1) by striking ‘‘(a) Each mass mailing’’ and
20 inserting ‘‘(a)(1) Each mass mailing’’;
21 (2) by striking ‘‘the following notice:’’ and all
22 that follows through ‘‘or a notice’’ and inserting
23 ‘‘one of the notices described in paragraph (2) or a
24 notice’’; and
December 21, 2020 (12:59 p.m.)

1127
1 (3) by adding at the end the following new
2 paragraph:
3 ‘‘(2) The notices described in this paragraph are as
4 follows:
5 ‘‘(A) ‘Paid for with official funds from the of-
6 fice of lllll.’, with the blank filled in with
7 the name of the Member sending the mailing.
8 ‘‘(B) ‘Paid for by the funds authorized by the
9 House of Representatives for District ll of
10 lllll.’, with the first blank filled in with the
11 name of the congressional district number, and the
12 second blank filled in with the name of the State, of
13 the Member sending the mailing.
14 ‘‘(C) ‘Paid for by official funds authorized by
15 the House of Representatives.’ ’’.
16 (e) REVISIONS TO RESTRICTIONS ON MAIL MATTER
17 CONSIDERED FRANKABLE.—
18 (1) EXPRESSIONS OF CONGRATULATIONS.—Sec-
19 tion 3210(a)(3)(F) of title 39, United States Code,

20 is amended by striking ‘‘to a person who has
21 achieved some public distinction’’.
22 (2) BIOGRAPHICAL INFORMATION RELATED TO
23 OFFICIAL AND REPRESENTATIONAL DUTIES.—Sec-
24 tion 3210(a)(3)(I) of such title is amended by strik-

25 ing ‘‘publication or in response to a specific request
December 21, 2020 (12:59 p.m.)

1128
1 therefor’’ and inserting the following: ‘‘publication,
2 in response to a specific request therefor, or which
3 relates to the Member’s or Member-elect’s official
4 and representational duties,’’.
5 (3) PHOTOS AND LIKENESSES INCLUDED IN
6 NEWSLETTERS OR GENERAL MASS MAILINGS.—Sec-
7 tion 3210(a)(3) of such title is amended—

8 (A) by adding ‘‘or’’ at the end of subpara-
9 graph (H);
10 (B) in subparagraph (I), by striking ‘‘; or’’
11 and inserting a period; and
12 (C) by striking subparagraph (J).
13 (4) CLARIFICATION OF ABILITY OF MEMBERS
14 TO USE FRANKED MAIL TO SEND PERSONAL MES-
15 SAGES TO CONSTITUENTS.—Section 3210(a)(4) of

16 such title is amended by striking the period at the
17 end and inserting the following: ‘‘, except that noth-
18 ing in this paragraph may be construed to prohibit
19 the use of the franking privilege for the transmission
20 of matter which is purely personal to a recipient who
21 is a constituent of a Member of Congress and which
22 is related to the official business, activities, and du-
23 ties of the Member.’’.
24 (5) UNIFORM BLACKOUT PERIOD FOR ALL
25 MEMBERS OF CONGRESS.—
December 21, 2020 (12:59 p.m.)

1129
1 (A) UNIFORM PERIOD.—Section
2 3210(a)(6)(A) of such title is amended—

3 (i) in clause (i), by striking ‘‘(or, in
4 the case of a Member of the House, fewer
5 than 90 days)’’; and
6 (ii) in clause (ii)(II), by striking ‘‘90
7 days’’ and inserting ‘‘60 days’’.
8 (B) EFFECTIVE DATE.—The amendments
9 made by paragraph (1) shall apply with respect
10 to the regularly scheduled general election for
11 Federal office held in November 2020 and each
12 succeeding election for public office.
13 (6) INFORMATION ON CERTAIN MATTERS.—Sec-
14 tion 3210(a)(6)(E) of such title is amended—

15 (A) by striking ‘‘or’’ at the end of clause
16 (ii);
17 (B) by striking the period at the end of
18 clause (iii) and inserting ‘‘; or’’; and
19 (C) by adding at the end the following new
20 clause:
21 ‘‘(iv) providing information exclusively on com-
22 petitions which are officially sanctioned by the
23 House of Representatives or Senate, nominations to
24 military service academies, official employment list-
25 ings for positions in the House of Representatives
December 21, 2020 (12:59 p.m.)

1130
1 (including listings for positions in the Wounded
2 Warrior Program or the Gold Star Family Fellow-
3 ship Program), or natural disasters or other threats
4 to public health and life safety.’’.
5 (f) EFFECTIVE DATE.—Except as provided in sub-
6 section (e)(5)(B), this section and the amendments made
7 by this section shall apply with respect to communications
8 disseminated on or after the date of the enactment of this
9 Act.
10 AUTHORIZING USE OF MEMBERS’ REPRESENTATIONAL
11 ALLOWANCE FOR EXPENSES OF MEMBERS-ELECT
12 SEC. 117. (a) AUTHORIZATION.—Section 101(a) of

13 the House of Representatives Administrative Reform
14 Technical Corrections Act (2 U.S.C. 5341(a)) is amend-
15 ed—
16 (1) by striking ‘‘a Member’’ and inserting ‘‘a
17 Member or Member-elect’’; and
18 (2) by striking ‘‘the Member’’ and inserting
19 ‘‘the Member or Member-elect’’.
20 (b) REGULATIONS.—Section 101(d) of such Act (2
21 U.S.C. 5341(d)) is amended by striking the period at the
22 end and inserting the following: ‘‘, including regulations
23 establishing under subsection (a) the official and represen-
24 tational duties during a Congress of a Member-elect of the
December 21, 2020 (12:59 p.m.)

1131
1 House of Representatives who is not an incumbent Mem-
2 ber re-elected to the ensuing Congress.’’.
3 (c) EFFECTIVE DATE.—The amendments made by
4 this section shall apply with respect to Members-elect of
5 the House of Representatives for the One Hundred Seven-
6 teenth Congress and each succeeding Congress.
7 JOINT ITEMS
8 For Joint Committees, as follows:
9 JOINT ECONOMIC COMMITTEE
10 For salaries and expenses of the Joint Economic
11 Committee, $4,203,000, to be disbursed by the Secretary
12 of the Senate.
13 JOINT COMMITTEE ON TAXATION
14 For salaries and expenses of the Joint Committee on
15 Taxation, $11,905,000, to be disbursed by the Chief Ad-
16 ministrative Officer of the House of Representatives.
17 For other joint items, as follows:
18 OFFICE OF THE ATTENDING PHYSICIAN
19 For medical supplies, equipment, and contingent ex-
20 penses of the emergency rooms, and for the Attending
21 Physician and his assistants, including:
22 (1) an allowance of $2,175 per month to the
23 Attending Physician;
24 (2) an allowance of $1,300 per month to the
25 Senior Medical Officer;
December 21, 2020 (12:59 p.m.)

1132
1 (3) an allowance of $725 per month each to
2 three medical officers while on duty in the Office of
3 the Attending Physician;
4 (4) an allowance of $725 per month to 2 assist-
5 ants and $580 per month each not to exceed 11 as-
6 sistants on the basis heretofore provided for such as-
7 sistants; and
8 (5) $2,796,000 for reimbursement to the De-
9 partment of the Navy for expenses incurred for staff
10 and equipment assigned to the Office of the Attend-
11 ing Physician, which shall be advanced and credited
12 to the applicable appropriation or appropriations
13 from which such salaries, allowances, and other ex-
14 penses are payable and shall be available for all the
15 purposes thereof, $3,869,000, to be disbursed by the
16 Chief Administrative Officer of the House of Rep-
17 resentatives.
18 OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES
20 For salaries and expenses of the Office of Congres-
21 sional Accessibility Services, $1,536,000, to be disbursed
22 by the Secretary of the Senate.
December 21, 2020 (12:59 p.m.)

1133
1 CAPITOL POLICE
2 SALARIES
3 For salaries of employees of the Capitol Police, in-
4 cluding overtime, hazardous duty pay, and Government
5 contributions for health, retirement, social security, pro-
6 fessional liability insurance, and other applicable employee
7 benefits, $424,397,000 of which overtime shall not exceed
8 $50,246,000 unless the Committee on Appropriations of
9 the House and Senate are notified, to be disbursed by the
10 Chief of the Capitol Police or his designee.
11 GENERAL EXPENSES
12 For necessary expenses of the Capitol Police, includ-
13 ing motor vehicles, communications and other equipment,
14 security equipment and installation, uniforms, weapons,
15 supplies, materials, training, medical services, forensic
16 services, stenographic services, personal and professional
17 services, the employee assistance program, the awards pro-
18 gram, postage, communication services, travel advances,
19 relocation of instructor and liaison personnel for the Fed-
20 eral Law Enforcement Training Center, and not more
21 than $5,000 to be expended on the certification of the
22 Chief of the Capitol Police in connection with official rep-
23 resentation and reception expenses, $91,144,000, to be
24 disbursed by the Chief of the Capitol Police or his des-
25 ignee: Provided, That, notwithstanding any other provi-
December 21, 2020 (12:59 p.m.)

1134
1 sion of law, the cost of basic training for the Capitol Police
2 at the Federal Law Enforcement Training Center for fis-
3 cal year 2021 shall be paid by the Secretary of Homeland
4 Security from funds available to the Department of Home-
5 land Security: Provided further, That of the amounts made
6 available under this heading, $3,639,000, to remain avail-
7 able until expended, shall be for the Joint Audible Warn-
8 ing System.
11 SEC. 120. Section 908(c) of the Emergency Supple-

12 mental Act, 2002 (2 U.S.C. 1926(c)), is amended by strik-
13 ing ‘‘ $60,000’’ and inserting ‘‘ $80,000’’.
14 OFFICE OF CONGRESSIONAL WORKPLACE
15 RIGHTS
17 For salaries and expenses necessary for the operation
18 of the Office of Congressional Workplace Rights,
20 until September 30, 2022, and of which not more than
21 $1,000 may be expended on the certification of the Execu-
22 tive Director in connection with official representation and
23 reception expenses.
December 21, 2020 (12:59 p.m.)

1135
1 CONGRESSIONAL BUDGET OFFICE
3 For salaries and expenses necessary for operation of
4 the Congressional Budget Office, including not more than
5 $6,000 to be expended on the certification of the Director
6 of the Congressional Budget Office in connection with offi-
7 cial representation and reception expenses, $57,292,000:
8 Provided, That the Director shall use not less than
9 $500,000 of the amount made available under this head-
10 ing for (1) improving technical systems, processes, and
11 models for the purpose of improving the transparency of
12 estimates of budgetary effects to Members of Congress,
13 employees of Members of Congress, and the public, and
14 (2) to increase the availability of models, economic as-
15 sumptions, and data for Members of Congress, employees
16 of Members of Congress, and the public.
17 ARCHITECT OF THE CAPITOL
18 CAPITAL CONSTRUCTION AND OPERATIONS
19 For salaries for the Architect of the Capitol, and
20 other personal services, at rates of pay provided by law;
21 for all necessary expenses for surveys and studies, con-
22 struction, operation, and general and administrative sup-
23 port in connection with facilities and activities under the
24 care of the Architect of the Capitol including the Botanic
25 Garden; electrical substations of the Capitol, Senate and
December 21, 2020 (12:59 p.m.)

1136
1 House office buildings, and other facilities under the juris-
2 diction of the Architect of the Capitol; including fur-
3 nishings and office equipment; including not more than
5 to be expended as the Architect of the Capitol may ap-
6 prove; for purchase or exchange, maintenance, and oper-
7 ation of a passenger motor vehicle, $127,462,000, of
9 30, 2025.
10 CAPITOL BUILDING
11 For all necessary expenses for the maintenance, care
12 and operation of the Capitol, $34,719,000, of which
14 2025.
15 CAPITOL GROUNDS
16 For all necessary expenses for care and improvement
17 of grounds surrounding the Capitol, the Senate and House
18 office buildings, and the Capitol Power Plant,
21 SENATE OFFICE BUILDINGS
23 and operation of Senate office buildings; and furniture and
24 furnishings to be expended under the control and super-
25 vision of the Architect of the Capitol, $89,615,280, of
December 21, 2020 (12:59 p.m.)

1137
2 30, 2025.
3 HOUSE OFFICE BUILDINGS

6 and operation of the House office buildings,
9 shall remain available until expended for the restoration
10 and renovation of the Cannon House Office Building: Pro-
11 vided, That of the amount made available under this head-
12 ing, $9,000,000 shall be derived by transfer from the
13 House Office Building Fund established under section
14 176(d) of the Continuing Appropriations Act, 2017, as
15 added by section 101(3) of the Further Continuing Appro-
16 priation Act, 2017 (Public Law 114–254; 2 U.S.C. 2001
17 note).
18 CAPITOL POWER PLANT
20 and operation of the Capitol Power Plant; lighting, heat-
21 ing, power (including the purchase of electrical energy)
22 and water and sewer services for the Capitol, Senate and
23 House office buildings, Library of Congress buildings, and
24 the grounds about the same, Botanic Garden, Senate ga-
25 rage, and air conditioning refrigeration not supplied from
December 21, 2020 (12:59 p.m.)

1138
1 plants in any of such buildings; heating the Government
2 Publishing Office and Washington City Post Office, and
3 heating and chilled water for air conditioning for the Su-
4 preme Court Building, the Union Station complex, the
5 Thurgood Marshall Federal Judiciary Building and the
6 Folger Shakespeare Library, expenses for which shall be
7 advanced or reimbursed upon request of the Architect of
8 the Capitol and amounts so received shall be deposited
9 into the Treasury to the credit of this appropriation,
11 until September 30, 2025: Provided, That not more than
12 $10,000,000 of the funds credited or to be reimbursed to
13 this appropriation as herein provided shall be available for
14 obligation during fiscal year 2021.
15 LIBRARY BUILDINGS AND GROUNDS
16 For all necessary expenses for the mechanical and
17 structural maintenance, care and operation of the Library
18 buildings and grounds, $83,446,000, of which
20 2025.
21 CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY
23 and operation of buildings, grounds and security enhance-
24 ments of the United States Capitol Police, wherever lo-
25 cated, the Alternate Computing Facility, and Architect of
December 21, 2020 (12:59 p.m.)

1139
1 the Capitol security operations, $45,993,000, of which
3 2025: Provided, That of the amounts made available
4 under this heading, $2,500,000, to remain available until
5 expended, shall be for the Joint Audible Warning System.
6 BOTANIC GARDEN
8 and operation of the Botanic Garden and the nurseries,
9 buildings, grounds, and collections; and purchase and ex-
10 change, maintenance, repair, and operation of a passenger
11 motor vehicle; all under the direction of the Joint Com-
12 mittee on the Library, $20,986,000, of which $8,300,000
14 That, of the amount made available under this heading,
15 the Architect of the Capitol may obligate and expend such
16 sums as may be necessary for the maintenance, care and
17 operation of the National Garden established under sec-
18 tion 307E of the Legislative Branch Appropriations Act,
19 1989 (2 U.S.C. 2146), upon vouchers approved by the Ar-
20 chitect of the Capitol or a duly authorized designee.
21 CAPITOL VISITOR CENTER
22 For all necessary expenses for the operation of the
23 Capitol Visitor Center, $24,751,000.
December 21, 2020 (12:59 p.m.)

1140
2 NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR
3 OVER BUDGET

5 Act for the Architect of the Capitol may be used to make
6 incentive or award payments to contractors for work on
7 contracts or programs for which the contractor is behind
8 schedule or over budget, unless the Architect of the Cap-
9 itol, or agency-employed designee, determines that any
10 such deviations are due to unforeseeable events, govern-
11 ment-driven scope changes, or are not significant within
12 the overall scope of the project and/or program.
13 LIBRARY OF CONGRESS
15 For all necessary expenses of the Library of Congress
16 not otherwise provided for, including development and
17 maintenance of the Library’s catalogs; custody and custo-
18 dial care of the Library buildings; information technology
19 services provided centrally; special clothing; cleaning,
20 laundering and repair of uniforms; preservation of motion
21 pictures in the custody of the Library; operation and
22 maintenance of the American Folklife Center in the Li-
23 brary; preparation and distribution of catalog records and
24 other publications of the Library; hire or purchase of one
25 passenger motor vehicle; and expenses of the Library of
December 21, 2020 (12:59 p.m.)

1141
1 Congress Trust Fund Board not properly chargeable to
2 the income of any trust fund held by the Board,
3 $523,654,000, and, in addition, amounts credited to this
4 appropriation during fiscal year 2021 under the Act of
5 June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C.
6 150), shall remain available until expended: Provided,
7 That the Library of Congress may not obligate or expend
8 any funds derived from collections under the Act of June
9 28, 1902, in excess of the amount authorized for obliga-
10 tion or expenditure in appropriations Acts: Provided fur-
11 ther, That of the total amount appropriated, not more
12 than $18,000 may be expended, on the certification of the
13 Librarian of Congress, in connection with official rep-
14 resentation and reception expenses, including for the Over-
15 seas Field Offices: Provided further, That of the total
16 amount appropriated, $9,424,000 shall remain available
17 until expended for the Teaching with Primary Sources
18 program: Provided further, That of the total amount ap-
19 propriated, $1,384,000 shall remain available until ex-
20 pended for upgrade of the Legislative Branch Financial
21 Management System: Provided further, That of the total
22 amount appropriated, $250,000 shall remain available
23 until expended for the Surplus Books Program to promote
24 the program and facilitate a greater number of donations
25 to eligible entities across the United States: Provided fur-
December 21, 2020 (12:59 p.m.)

1142
1 ther, That of the total amount appropriated, $3,720,000
2 shall remain available until expended for the Veterans
3 History Project to continue digitization efforts of already
4 collected materials, reach a greater number of veterans to
5 record their stories, and promote public access to the
6 Project: Provided further, That of the total amount appro-
7 priated, $10,000,000 shall remain available until expended
8 for the Library’s Visitor Experience project, and may be
9 obligated and expended only upon approval by the Sub-
10 committee on the Legislative Branch of the Committee on
11 Appropriations of the House of Representatives and by the
12 Subcommittee on the Legislative Branch of the Committee
13 on Appropriations of the Senate: Provided further, That
14 of the total amount appropriated, $4,370,000 shall remain
15 available until September 30, 2025, to complete the sec-
16 ond of three phases of the shelving replacement in the Law
17 Library’s collection storage areas: Provided further, That
18 of the total amount appropriated, $2,500,000 shall remain
19 available until September 30, 2022, for the phase-out and
20 retirement of the de-acidification preservation program.
21 COPYRIGHT OFFICE
23 For all necessary expenses of the Copyright Office,

24 $93,416,000, of which not more than $38,004,000, to re-
25 main available until expended, shall be derived from collec-
December 21, 2020 (12:59 p.m.)

1143
1 tions credited to this appropriation during fiscal year 2021
2 under sections 708(d) and 1316 of title 17, United States
3 Code: Provided, That the Copyright Office may not obli-
4 gate or expend any funds derived from collections under
5 such section in excess of the amount authorized for obliga-
6 tion or expenditure in appropriations Acts: Provided fur-
7 ther, That not more than $6,778,000 shall be derived from
8 collections during fiscal year 2021 under sections
9 111(d)(2), 119(b)(3), 803(e), and 1005 of such title: Pro-
10 vided further, That the total amount available for obliga-
11 tion shall be reduced by the amount by which collections
12 are less than $44,782,000: Provided further, That of the
13 funds provided under this heading, not less than
14 $17,100,000 is for modernization initiatives, of which
16 2022: Provided further, That not more than $100,000 of
17 the amount appropriated is available for the maintenance
18 of an ‘‘International Copyright Institute’’ in the Copyright
19 Office of the Library of Congress for the purpose of train-
20 ing nationals of developing countries in intellectual prop-
21 erty laws and policies: Provided further, That not more
22 than $6,500 may be expended, on the certification of the
23 Librarian of Congress, in connection with official rep-
24 resentation and reception expenses for activities of the
25 International Copyright Institute and for copyright dele-
December 21, 2020 (12:59 p.m.)

1144
1 gations, visitors, and seminars: Provided further, That,
2 notwithstanding any provision of chapter 8 of title 17,
3 United States Code, any amounts made available under
4 this heading which are attributable to royalty fees and
5 payments received by the Copyright Office pursuant to
6 sections 111, 119, and chapter 10 of such title may be
7 used for the costs incurred in the administration of the
8 Copyright Royalty Judges program, with the exception of
9 the costs of salaries and benefits for the Copyright Royalty
10 Judges and staff under section 802(e).
11 CONGRESSIONAL RESEARCH SERVICE
13 For all necessary expenses to carry out the provisions

14 of section 203 of the Legislative Reorganization Act of
15 1946 (2 U.S.C. 166) and to revise and extend the Anno-
16 tated Constitution of the United States of America,
17 $125,495,000: Provided, That no part of such amount
18 may be used to pay any salary or expense in connection
19 with any publication, or preparation of material therefor
20 (except the Digest of Public General Bills), to be issued
21 by the Library of Congress unless such publication has
22 obtained prior approval of either the Committee on House
23 Administration of the House of Representatives or the
24 Committee on Rules and Administration of the Senate:
25 Provided further, That this prohibition does not apply to
December 21, 2020 (12:59 p.m.)

1145
1 publication of non-confidential Congressional Research
2 Service (CRS) products: Provided further, That a non-con-
3 fidential CRS product includes any written product con-
4 taining research or analysis that is currently available for
5 general congressional access on the CRS Congressional
6 Intranet, or that would be made available on the CRS
7 Congressional Intranet in the normal course of business
8 and does not include material prepared in response to
9 Congressional requests for confidential analysis or re-
10 search.
11 NATIONAL LIBRARY SERVICE FOR THE BLIND AND
12 PRINT DISABLED
14 For all necessary expenses to carry out the Act of

15 March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C.
16 135a), $59,563,000: Provided, That of the total amount
17 appropriated, $650,000 shall be available to contract to
18 provide newspapers to blind and print disabled residents
19 at no cost to the individual.
21 REIMBURSABLE AND REVOLVING FUND ACTIVITIES
22 SEC. 140. (a) IN GENERAL.—For fiscal year 2021,

23 the obligational authority of the Library of Congress for
24 the activities described in subsection (b) may not exceed
25 $252,552,000.
December 21, 2020 (12:59 p.m.)

1146
1 (b) ACTIVITIES.—The activities referred to in sub-
2 section (a) are reimbursable and revolving fund activities
3 that are funded from sources other than appropriations
4 to the Library in appropriations Acts for the legislative
5 branch.
6 GOVERNMENT PUBLISHING OFFICE
7 CONGRESSIONAL PUBLISHING
9 For authorized publishing of congressional informa-

10 tion and the distribution of congressional information in
11 any format; publishing of Government publications au-
12 thorized by law to be distributed to Members of Congress;
13 and publishing, and distribution of Government publica-
14 tions authorized by law to be distributed without charge
15 to the recipient, $78,000,000: Provided, That this appro-
16 priation shall not be available for paper copies of the per-
17 manent edition of the Congressional Record for individual
18 Representatives, Resident Commissioners or Delegates au-
19 thorized under section 906 of title 44, United States Code:
20 Provided further, That this appropriation shall be available
21 for the payment of obligations incurred under the appro-
22 priations for similar purposes for preceding fiscal years:
23 Provided further, That notwithstanding the 2-year limita-
24 tion under section 718 of title 44, United States Code,
25 none of the funds appropriated or made available under
December 21, 2020 (12:59 p.m.)

1147
1 this Act or any other Act for printing and binding and
2 related services provided to Congress under chapter 7 of
3 title 44, United States Code, may be expended to print
4 a document, report, or publication after the 27-month pe-
5 riod beginning on the date that such document, report,
6 or publication is authorized by Congress to be printed, un-
7 less Congress reauthorizes such printing in accordance
8 with section 718 of title 44, United States Code: Provided
9 further, That unobligated or unexpended balances of ex-
10 pired discretionary funds made available under this head-
11 ing in this Act for this fiscal year may be transferred to,
12 and merged with, funds under the heading ‘‘Government
13 Publishing Office Business Operations Revolving Fund’’
14 no later than the end of the fifth fiscal year after the last
15 fiscal year for which such funds are available for the pur-
16 poses for which appropriated, to be available for carrying
17 out the purposes of this heading, subject to the approval
18 of the Committees on Appropriations of the House of Rep-
19 resentatives and the Senate: Provided further, That not-
20 withstanding sections 901, 902, and 906 of title 44,
21 United States Code, this appropriation may be used to
22 prepare indexes to the Congressional Record on only a
23 monthly and session basis.
December 21, 2020 (12:59 p.m.)

1148
1 PUBLIC INFORMATION PROGRAMS OF THE
2 SUPERINTENDENT OF DOCUMENTS
5 For expenses of the public information programs of

6 the Office of Superintendent of Documents necessary to
7 provide for the cataloging and indexing of Government
8 publications in any format, and their distribution to the
9 public, Members of Congress, other Government agencies,
10 and designated depository and international exchange li-
11 braries as authorized by law, $32,300,000: Provided, That
12 amounts of not more than $2,000,000 from current year
13 appropriations are authorized for producing and dissemi-
14 nating Congressional serial sets and other related publica-
15 tions for the preceding two fiscal years to depository and
16 other designated libraries: Provided further, That unobli-
17 gated or unexpended balances of expired discretionary
18 funds made available under this heading in this Act for
19 this fiscal year may be transferred to, and merged with,
20 funds under the heading ‘‘Government Publishing Office
21 Business Operations Revolving Fund’’ no later than the
22 end of the fifth fiscal year after the last fiscal year for
23 which such funds are available for the purposes for which
24 appropriated, to be available for carrying out the purposes
25 of this heading, subject to the approval of the Committees
December 21, 2020 (12:59 p.m.)

1149
2 Senate.
3 GOVERNMENT PUBLISHING OFFICE BUSINESS
4 OPERATIONS REVOLVING FUND
5 For payment to the Government Publishing Office
6 Business Operations Revolving Fund, $6,700,000, to re-
7 main available until expended, for information technology
8 development and facilities repair: Provided, That the Gov-
9 ernment Publishing Office is hereby authorized to make
10 such expenditures, within the limits of funds available and
11 in accordance with law, and to make such contracts and
12 commitments without regard to fiscal year limitations as
13 provided by section 9104 of title 31, United States Code,
14 as may be necessary in carrying out the programs and
15 purposes set forth in the budget for the current fiscal year
16 for the Government Publishing Office Business Operations
17 Revolving Fund: Provided further, That not more than
18 $7,500 may be expended on the certification of the Direc-
19 tor of the Government Publishing Office in connection
20 with official representation and reception expenses: Pro-
21 vided further, That the Business Operations Revolving
22 Fund shall be available for the hire or purchase of not
23 more than 12 passenger motor vehicles: Provided further,
24 That expenditures in connection with travel expenses of
25 the advisory councils to the Director of the Government
December 21, 2020 (12:59 p.m.)

1150
1 Publishing Office shall be deemed necessary to carry out
2 the provisions of title 44, United States Code: Provided
3 further, That the Business Operations Revolving Fund
4 shall be available for temporary or intermittent services
5 under section 3109(b) of title 5, United States Code, but
6 at rates for individuals not more than the daily equivalent
7 of the annual rate of basic pay for level V of the Executive
8 Schedule under section 5316 of such title: Provided fur-
9 ther, That activities financed through the Business Oper-
10 ations Revolving Fund may provide information in any
11 format: Provided further, That the Business Operations
12 Revolving Fund and the funds provided under the heading
13 ‘‘Public Information Programs of the Superintendent of
14 Documents’’ may not be used for contracted security serv-
15 ices at Government Publishing Office’s passport facility in
16 the District of Columbia.
17 GOVERNMENT ACCOUNTABILITY OFFICE
19 For necessary expenses of the Government Account-
20 ability Office, including not more than $12,500 to be ex-
21 pended on the certification of the Comptroller General of
22 the United States in connection with official representa-
23 tion and reception expenses; temporary or intermittent
24 services under section 3109(b) of title 5, United States
25 Code, but at rates for individuals not more than the daily
December 21, 2020 (12:59 p.m.)

1151
1 equivalent of the annual rate of basic pay for level IV of
2 the Executive Schedule under section 5315 of such title;
3 hire of one passenger motor vehicle; advance payments in
4 foreign countries in accordance with section 3324 of title
5 31, United States Code; benefits comparable to those pay-
6 able under sections 901(5), (6), and (8) of the Foreign
7 Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8));
8 and under regulations prescribed by the Comptroller Gen-
9 eral of the United States, rental of living quarters in for-
10 eign countries, $661,139,000: Provided, That, in addition,
11 $31,342,000 of payments received under sections 782,
12 791, 3521, and 9105 of title 31, United States Code, shall
13 be available without fiscal year limitation: Provided fur-
14 ther, That this appropriation and appropriations for ad-
15 ministrative expenses of any other department or agency
16 which is a member of the National Intergovernmental
17 Audit Forum or a Regional Intergovernmental Audit
18 Forum shall be available to finance an appropriate share
19 of either Forum’s costs as determined by the respective
20 Forum, including necessary travel expenses of non-Federal
21 participants: Provided further, That payments hereunder
22 to the Forum may be credited as reimbursements to any
23 appropriation from which costs involved are initially fi-
24 nanced.
December 21, 2020 (12:59 p.m.)

1152
1 OPEN WORLD LEADERSHIP CENTER TRUST
2 FUND
3 For a payment to the Open World Leadership Center
4 Trust Fund for financing activities of the Open World
5 Leadership Center under section 313 of the Legislative
6 Branch Appropriations Act, 2001 (2 U.S.C. 1151),
7 $6,000,000: Provided, That funds made available to sup-
8 port Russian participants shall only be used for those en-
9 gaging in free market development, humanitarian activi-
10 ties, and civic engagement, and shall not be used for offi-
11 cials of the central government of Russia.
12 JOHN C. STENNIS CENTER FOR PUBLIC
13 SERVICE TRAINING AND DEVELOPMENT
14 For payment to the John C. Stennis Center for Pub-
15 lic Service Development Trust Fund established under
16 section 116 of the John C. Stennis Center for Public Serv-
17 ice Training and Development Act (2 U.S.C. 1105),
18 $430,000.
19 TITLE II
21 MAINTENANCE AND CARE OF PRIVATE VEHICLES
22 SEC. 201. No part of the funds appropriated in this

23 Act shall be used for the maintenance or care of private
24 vehicles, except for emergency assistance and cleaning as
25 may be provided under regulations relating to parking fa-
December 21, 2020 (12:59 p.m.)

1153
1 cilities for the House of Representatives issued by the
2 Committee on House Administration and for the Senate
3 issued by the Committee on Rules and Administration.
4 FISCAL YEAR LIMITATION
5 SEC. 202. No part of the funds appropriated in this

6 Act shall remain available for obligation beyond fiscal year
7 2021 unless expressly so provided in this Act.
8 RATES OF COMPENSATION AND DESIGNATION
9 SEC. 203. Whenever in this Act any office or position

10 not specifically established by the Legislative Pay Act of
11 1929 (46 Stat. 32 et seq.) is appropriated for or the rate
12 of compensation or designation of any office or position
13 appropriated for is different from that specifically estab-
14 lished by such Act, the rate of compensation and the des-
15 ignation in this Act shall be the permanent law with re-
16 spect thereto: Provided, That the provisions in this Act
17 for the various items of official expenses of Members, offi-
18 cers, and committees of the Senate and House of Rep-
19 resentatives, and clerk hire for Senators and Members of
20 the House of Representatives shall be the permanent law
21 with respect thereto.
22 CONSULTING SERVICES

25 ment contract, under section 3109 of title 5, United States
December 21, 2020 (12:59 p.m.)

1154
1 Code, shall be limited to those contracts where such ex-
2 penditures are a matter of public record and available for
3 public inspection, except where otherwise provided under
4 existing law, or under existing Executive order issued
5 under existing law.
6 COSTS OF LBFMC
7 SEC. 205. Amounts available for administrative ex-

8 penses of any legislative branch entity which participates
9 in the Legislative Branch Financial Managers Council
10 (LBFMC) established by charter on March 26, 1996, shall
11 be available to finance an appropriate share of LBFMC
12 costs as determined by the LBFMC, except that the total
13 LBFMC costs to be shared among all participating legisla-
14 tive branch entities (in such allocations among the entities
15 as the entities may determine) may not exceed $2,000.
16 LIMITATION ON TRANSFERS

21 vided in, this Act or any other appropriation Act.
22 GUIDED TOURS OF THE CAPITOL

24 none of the funds made available to the Architect of the
25 Capitol in this Act may be used to eliminate or restrict
December 21, 2020 (12:59 p.m.)

1155
1 guided tours of the United States Capitol which are led
2 by employees and interns of offices of Members of Con-
3 gress and other offices of the House of Representatives
4 and Senate, unless through regulations as authorized by
5 section 402(b)(8) of the Capitol Visitor Center Act of
6 2008 (2 U.S.C. 2242(b)(8)).
7 (b) At the direction of the Capitol Police Board, or
8 at the direction of the Architect of the Capitol with the
9 approval of the Capitol Police Board, guided tours of the
10 United States Capitol which are led by employees and in-
11 terns described in subsection (a) may be suspended tempo-
12 rarily or otherwise subject to restriction for security or re-
13 lated reasons to the same extent as guided tours of the
14 United States Capitol which are led by the Architect of
15 the Capitol.
16 LIMITATION ON TELECOMMUNICATIONS EQUIPMENT
17 PROCUREMENT

19 erwise made available under this Act may be used to ac-
20 quire telecommunications equipment produced by Huawei
21 Technologies Company or ZTE Corporation for a high or
22 moderate impact information system, as defined for secu-
23 rity categorization in the National Institute of Standards
24 and Technology’s (NIST) Federal Information Processing
25 Standard Publication 199, ‘‘Standards for Security Cat-
December 21, 2020 (12:59 p.m.)

1156
1 egorization of Federal Information and Information Sys-
2 tems’’ unless the agency, office, or other entity acquiring
3 the equipment or system has—
4 (1) reviewed the supply chain risk for the infor-
5 mation systems against criteria developed by NIST
6 to inform acquisition decisions for high or moderate
7 impact information systems within the Federal Gov-
8 ernment;
9 (2) reviewed the supply chain risk from the pre-
10 sumptive awardee against available and relevant
11 threat information provided by the Federal Bureau
12 of Investigation and other appropriate agencies; and
13 (3) in consultation with the Federal Bureau of
14 Investigation or other appropriate Federal entity,
15 conducted an assessment of any risk of cyber-espio-
16 nage or sabotage associated with the acquisition of
17 such telecommunications equipment for inclusion in
18 a high or moderate impact system, including any
19 risk associated with such system being produced,
20 manufactured, or assembled by one or more entities
21 identified by the United States Government as pos-
22 ing a cyber threat, including but not limited to,
23 those that may be owned, directed, or subsidized by
24 the People’s Republic of China, the Islamic Republic
December 21, 2020 (12:59 p.m.)

1157
1 of Iran, the Democratic People’s Republic of Korea,
2 or the Russian Federation.
4 made available under this Act may be used to acquire a
5 high or moderate impact information system reviewed and
6 assessed under subsection (a) unless the head of the as-
7 sessing entity described in subsection (a) has—
8 (1) developed, in consultation with NIST and
9 supply chain risk management experts, a mitigation
10 strategy for any identified risks;
11 (2) determined, in consultation with NIST and
12 the Federal Bureau of Investigation, that the acqui-
13 sition of such telecommunications equipment for in-
14 clusion in a high or moderate impact system is in
15 the vital national security interest of the United
16 States; and
17 (3) reported that determination to the Commit-
18 tees on Appropriations of the House of Representa-
19 tives and the Senate in a manner that identifies the
20 telecommunications equipment for inclusion in a
21 high or moderate impact system intended for acqui-
22 sition and a detailed description of the mitigation
23 strategies identified in paragraph (1), provided that
24 such report may include a classified annex as nec-
25 essary.
December 21, 2020 (12:59 p.m.)

1158
1 PROHIBITION ON CERTAIN OPERATIONAL EXPENSES

9 nal investigations, prosecution, or adjudication activities
10 or other official government activities.
11 PLASTIC WASTE REDUCTION
12 SEC. 210. All agencies and offices funded by this divi-

13 sion that contract with a food service provider or providers
14 shall confer and coordinate with such food service provider
15 or providers, in consultation with disability advocacy
16 groups, to eliminate or reduce plastic waste, including
17 waste from plastic straws, explore the use of biodegradable
18 items, and increase recycling and composting opportuni-
19 ties.
20 JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL
21 CEREMONIES OF 2021

23 for the same purposes and under the same authorities and
24 conditions as amounts made available under the heading
25 ‘‘Joint Items—Joint Congressional Committee on Inau-
December 21, 2020 (12:59 p.m.)

1159
1 gural Ceremonies of 2021’’ in division E of the Further
2 Consolidated Appropriations Act, 2020 (Public Law 116–
3 94).
4 CAPITOL COMPLEX HEALTH AND SAFETY
5 SEC. 212. In addition to the amounts appropriated

6 under this Act under the heading ‘‘Office of the Attending
7 Physician’’, there is hereby appropriated to the Office of
8 the Attending Physician $5,000,000, to remain available
9 until expended, for response to COVID–19, including test-
10 ing, subject to the same terms and conditions as the
11 amounts appropriated under such heading.
12 GOVERNMENT ACCOUNTABILITY OFFICE SUPPLEMENTAL
13 OVERSIGHT
14 SEC. 213. For an additional amount for ‘‘Salaries

15 and Expenses’’, $10,000,000, to remain available until ex-
16 pended, to prevent, prepare for, and respond to
17 coronavirus, which shall be for audits and investigations,
18 as authorized by this title: Provided, That not later than
19 90 days after the date of enactment of this Act, the Gov-
20 ernment Accountability Office shall submit to the Commit-
22 and the Senate a spend plan specifying funding estimates
23 and a timeline for such audits and investigations: Provided
24 further, That such amount is designated by the Congress
December 21, 2020 (12:59 p.m.)

1160
3 This division may be cited as the ‘‘Legislative Branch
December 21, 2020 (12:59 p.m.)

1161
1 DIVISION J—MILITARY CONSTRUCTION,
2 VETERANS AFFAIRS, AND RELATED
3 AGENCIES APPROPRIATIONS ACT, 2021
4 TITLE I
5 DEPARTMENT OF DEFENSE
6 MILITARY CONSTRUCTION, ARMY
7 For acquisition, construction, installation, and equip-
8 ment of temporary or permanent public works, military
9 installations, facilities, and real property for the Army as
10 currently authorized by law, including personnel in the
11 Army Corps of Engineers and other personal services nec-
12 essary for the purposes of this appropriation, and for con-
13 struction and operation of facilities in support of the func-
14 tions of the Commander in Chief, $628,900,000, to re-
16 of this amount, not to exceed $147,000,000 shall be avail-
17 able for study, planning, design, architect and engineer
18 services, and host nation support, as authorized by law,
19 unless the Secretary of the Army determines that addi-
20 tional obligations are necessary for such purposes and no-
21 tifies the Committees on Appropriations of both Houses
22 of Congress of the determination and the reasons therefor.
23 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
25 ment of temporary or permanent public works, naval in-
December 21, 2020 (12:59 p.m.)

1162
1 stallations, facilities, and real property for the Navy and
2 Marine Corps as currently authorized by law, including
3 personnel in the Naval Facilities Engineering Command
4 and other personal services necessary for the purposes of
5 this appropriation, $1,716,144,000, to remain available
6 until September 30, 2025: Provided, That, of this amount,
7 not to exceed $261,710,000 shall be available for study,
8 planning, design, and architect and engineer services, as
9 authorized by law, unless the Secretary of the Navy deter-
10 mines that additional obligations are necessary for such
11 purposes and notifies the Committees on Appropriations
12 of both Houses of Congress of the determination and the
13 reasons therefor.
14 MILITARY CONSTRUCTION, AIR FORCE
16 ment of temporary or permanent public works, military
17 installations, facilities, and real property for the Air Force
18 as currently authorized by law, $616,156,000, to remain
19 available until September 30, 2025: Provided, That, of
20 this amount, not to exceed $212,556,000 shall be available
21 for study, planning, design, and architect and engineer
22 services, as authorized by law, unless the Secretary of the
23 Air Force determines that additional obligations are nec-
24 essary for such purposes and notifies the Committees on
December 21, 2020 (12:59 p.m.)

1163
1 Appropriations of both Houses of Congress of the deter-
2 mination and the reasons therefor.
3 MILITARY CONSTRUCTION, DEFENSE-WIDE

6 ment of temporary or permanent public works, installa-
7 tions, facilities, and real property for activities and agen-
8 cies of the Department of Defense (other than the military
9 departments), as currently authorized by law,
11 2025: Provided, That such amounts of this appropriation
12 as may be determined by the Secretary of Defense may
13 be transferred to such appropriations of the Department
14 of Defense available for military construction or family
15 housing as the Secretary may designate, to be merged with
16 and to be available for the same purposes, and for the
17 same time period, as the appropriation or fund to which
18 transferred: Provided further, That, of the amount, not to
19 exceed $162,076,000 shall be available for study, plan-
20 ning, design, and architect and engineer services, as au-
21 thorized by law, unless the Secretary of Defense deter-
22 mines that additional obligations are necessary for such
23 purposes and notifies the Committees on Appropriations
24 of both Houses of Congress of the determination and the
25 reasons therefor.
December 21, 2020 (12:59 p.m.)

1164
1 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
2 For construction, acquisition, expansion, rehabilita-
3 tion, and conversion of facilities for the training and ad-
4 ministration of the Army National Guard, and contribu-
5 tions therefor, as authorized by chapter 1803 of title 10,
6 United States Code, and Military Construction Authoriza-
7 tion Acts, $349,437,000, to remain available until Sep-
8 tember 30, 2025: Provided, That, of the amount, not to
9 exceed $44,593,000 shall be available for study, planning,
10 design, and architect and engineer services, as authorized
11 by law, unless the Director of the Army National Guard
12 determines that additional obligations are necessary for
13 such purposes and notifies the Committees on Appropria-
14 tions of both Houses of Congress of the determination and
15 the reasons therefor.
16 MILITARY CONSTRUCTION, AIR NATIONAL GUARD
19 ministration of the Air National Guard, and contributions
20 therefor, as authorized by chapter 1803 of title 10, United
21 States Code, and Military Construction Authorization
22 Acts, $64,214,000, to remain available until September
23 30, 2025: Provided, That, of the amount, not to exceed
24 $3,414,000 shall be available for study, planning, design,
25 and architect and engineer services, as authorized by law,
December 21, 2020 (12:59 p.m.)

1165
1 unless the Director of the Air National Guard determines
2 that additional obligations are necessary for such purposes
3 and notifies the Committees on Appropriations of both
4 Houses of Congress of the determination and the reasons
5 therefor.
6 MILITARY CONSTRUCTION, ARMY RESERVE
9 ministration of the Army Reserve as authorized by chapter
10 1803 of title 10, United States Code, and Military Con-
11 struction Authorization Acts, $88,337,000, to remain
13 amount, not to exceed $1,218,000 shall be available for
14 study, planning, design, and architect and engineer serv-
15 ices, as authorized by law, unless the Chief of the Army
16 Reserve determines that additional obligations are nec-
17 essary for such purposes and notifies the Committees on
18 Appropriations of both Houses of Congress of the deter-
19 mination and the reasons therefor.
20 MILITARY CONSTRUCTION, NAVY RESERVE
23 ministration of the reserve components of the Navy and
24 Marine Corps as authorized by chapter 1803 of title 10,
25 United States Code, and Military Construction Authoriza-
December 21, 2020 (12:59 p.m.)

1166
1 tion Acts, $70,995,000, to remain available until Sep-
2 tember 30, 2025: Provided, That, of the amount, not to
3 exceed $3,485,000 shall be available for study, planning,
4 design, and architect and engineer services, as authorized
5 by law, unless the Secretary of the Navy determines that
6 additional obligations are necessary for such purposes and
7 notifies the Committees on Appropriations of both Houses
8 of Congress of the determination and the reasons therefor.
9 MILITARY CONSTRUCTION, AIR FORCE RESERVE
12 ministration of the Air Force Reserve as authorized by
13 chapter 1803 of title 10, United States Code, and Military
14 Construction Authorization Acts, $23,117,000, to remain
16 amount, not to exceed $3,270,000 shall be available for
17 study, planning, design, and architect and engineer serv-
18 ices, as authorized by law, unless the Chief of the Air
19 Force Reserve determines that additional obligations are
20 necessary for such purposes and notifies the Committees
21 on Appropriations of both Houses of Congress of the de-
22 termination and the reasons therefor.
December 21, 2020 (12:59 p.m.)

1167
1 NORTH ATLANTIC TREATY ORGANIZATION
2 SECURITY INVESTMENT PROGRAM
3 For the United States share of the cost of the North
4 Atlantic Treaty Organization Security Investment Pro-
5 gram for the acquisition and construction of military fa-
6 cilities and installations (including international military
7 headquarters) and for related expenses for the collective
8 defense of the North Atlantic Treaty Area as authorized
9 by section 2806 of title 10, United States Code, and Mili-
10 tary Construction Authorization Acts, $173,030,000, to
12 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT
13 For deposit into the Department of Defense Base
14 Closure Account, established by section 2906(a) of the De-
15 fense Base Closure and Realignment Act of 1990 (10
16 U.S.C. 2687 note), $480,447,000, to remain available
17 until expended.
18 FAMILY HOUSING CONSTRUCTION, ARMY
19 For expenses of family housing for the Army for con-
20 struction, including acquisition, replacement, addition, ex-
21 pansion, extension, and alteration, as authorized by law,
23 2025.
December 21, 2020 (12:59 p.m.)

1168
1 FAMILY HOUSING OPERATION AND MAINTENANCE,
2 ARMY
3 For expenses of family housing for the Army for op-
4 eration and maintenance, including debt payment, leasing,
5 minor construction, principal and interest charges, and in-
6 surance premiums, as authorized by law, $352,342,000.
7 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE
8 CORPS
9 For expenses of family housing for the Navy and Ma-
10 rine Corps for construction, including acquisition, replace-
11 ment, addition, expansion, extension, and alteration, as
12 authorized by law, $42,897,000, to remain available until
15 NAVY AND MARINE CORPS
16 For expenses of family housing for the Navy and Ma-
17 rine Corps for operation and maintenance, including debt
18 payment, leasing, minor construction, principal and inter-
19 est charges, and insurance premiums, as authorized by
20 law, $346,493,000.
21 FAMILY HOUSING CONSTRUCTION, AIR FORCE
22 For expenses of family housing for the Air Force for
23 construction, including acquisition, replacement, addition,
24 expansion, extension, and alteration, as authorized by law,
December 21, 2020 (12:59 p.m.)

1169
2 2025.
3 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR
4 FORCE
5 For expenses of family housing for the Air Force for
6 operation and maintenance, including debt payment, leas-
7 ing, minor construction, principal and interest charges,
8 and insurance premiums, as authorized by law,
9 $317,021,000.
11 DEFENSE-WIDE
12 For expenses of family housing for the activities and
13 agencies of the Department of Defense (other than the
14 military departments) for operation and maintenance,
15 leasing, and minor construction, as authorized by law,
16 $54,728,000.
18 FAMILY HOUSING IMPROVEMENT FUND
19 For the Department of Defense Family Housing Im-
20 provement Fund, $5,897,000, to remain available until ex-
21 pended, for family housing initiatives undertaken pursu-
22 ant to section 2883 of title 10, United States Code, pro-
23 viding alternative means of acquiring and improving mili-
24 tary family housing and supporting facilities.
December 21, 2020 (12:59 p.m.)

1170
2 MILITARY UNACCOMPANIED HOUSING IMPROVEMENT
3 FUND
4 For the Department of Defense Military Unaccom-
5 panied Housing Improvement Fund, $600,000, to remain
6 available until expended, for unaccompanied housing ini-
7 tiatives undertaken pursuant to section 2883 of title 10,
8 United States Code, providing alternative means of acquir-
9 ing and improving military unaccompanied housing and
10 supporting facilities.
13 title shall be expended for payments under a cost-plus-a-
14 fixed-fee contract for construction, where cost estimates
15 exceed $25,000, to be performed within the United States,
16 except Alaska, without the specific approval in writing of
17 the Secretary of Defense setting forth the reasons there-
18 for.
19 SEC. 102. Funds made available in this title for con-
20 struction shall be available for hire of passenger motor ve-
21 hicles.
22 SEC. 103. Funds made available in this title for con-
23 struction may be used for advances to the Federal High-
24 way Administration, Department of Transportation, for
25 the construction of access roads as authorized by section
December 21, 2020 (12:59 p.m.)

1171
1 210 of title 23, United States Code, when projects author-
2 ized therein are certified as important to the national de-
3 fense by the Secretary of Defense.
5 title may be used to begin construction of new bases in
6 the United States for which specific appropriations have
7 not been made.
9 title shall be used for purchase of land or land easements
10 in excess of 100 percent of the value as determined by
11 the Army Corps of Engineers or the Naval Facilities Engi-
12 neering Command, except: (1) where there is a determina-
13 tion of value by a Federal court; (2) purchases negotiated
14 by the Attorney General or the designee of the Attorney
15 General; (3) where the estimated value is less than
16 $25,000; or (4) as otherwise determined by the Secretary
17 of Defense to be in the public interest.
19 title shall be used to: (1) acquire land; (2) provide for site
20 preparation; or (3) install utilities for any family housing,
21 except housing for which funds have been made available
22 in annual Acts making appropriations for military con-
23 struction.
25 title for minor construction may be used to transfer or
December 21, 2020 (12:59 p.m.)

1172
1 relocate any activity from one base or installation to an-
2 other, without prior notification to the Committees on Ap-
3 propriations of both Houses of Congress.
5 title may be used for the procurement of steel for any con-
6 struction project or activity for which American steel pro-
7 ducers, fabricators, and manufacturers have been denied
8 the opportunity to compete for such steel procurement.
9 SEC. 109. None of the funds available to the Depart-
10 ment of Defense for military construction or family hous-
11 ing during the current fiscal year may be used to pay real
12 property taxes in any foreign nation.
14 title may be used to initiate a new installation overseas
15 without prior notification to the Committees on Appro-
16 priations of both Houses of Congress.
18 title may be obligated for architect and engineer contracts
19 estimated by the Government to exceed $500,000 for
20 projects to be accomplished in Japan, in any North Atlan-
21 tic Treaty Organization member country, or in countries
22 bordering the Arabian Gulf, unless such contracts are
23 awarded to United States firms or United States firms
24 in joint venture with host nation firms.
December 21, 2020 (12:59 p.m.)

1173
2 title for military construction in the United States terri-
3 tories and possessions in the Pacific and on Kwajalein
4 Atoll, or in countries bordering the Arabian Gulf, may be
5 used to award any contract estimated by the Government
6 to exceed $1,000,000 to a foreign contractor: Provided,
7 That this section shall not be applicable to contract
8 awards for which the lowest responsive and responsible bid
9 of a United States contractor exceeds the lowest respon-
10 sive and responsible bid of a foreign contractor by greater
11 than 20 percent: Provided further, That this section shall
12 not apply to contract awards for military construction on
13 Kwajalein Atoll for which the lowest responsive and re-
14 sponsible bid is submitted by a Marshallese contractor.
15 SEC. 113. The Secretary of Defense shall inform the
16 appropriate committees of both Houses of Congress, in-
17 cluding the Committees on Appropriations, of plans and
18 scope of any proposed military exercise involving United
19 States personnel 30 days prior to its occurring, if amounts
20 expended for construction, either temporary or permanent,
21 are anticipated to exceed $100,000.
22 SEC. 114. Funds appropriated to the Department of
23 Defense for construction in prior years shall be available
24 for construction authorized for each such military depart-
December 21, 2020 (12:59 p.m.)

1174
1 ment by the authorizations enacted into law during the
2 current session of Congress.
3 SEC. 115. For military construction or family housing
4 projects that are being completed with funds otherwise ex-
5 pired or lapsed for obligation, expired or lapsed funds may
6 be used to pay the cost of associated supervision, inspec-
7 tion, overhead, engineering and design on those projects
8 and on subsequent claims, if any.
10 law, any funds made available to a military department
11 or defense agency for the construction of military projects
12 may be obligated for a military construction project or
13 contract, or for any portion of such a project or contract,
14 at any time before the end of the fourth fiscal year after
15 the fiscal year for which funds for such project were made
16 available, if the funds obligated for such project: (1) are
17 obligated from funds available for military construction
18 projects; and (2) do not exceed the amount appropriated
19 for such project, plus any amount by which the cost of
20 such project is increased pursuant to law.
22 SEC. 117. Subject to 30 days prior notification, or

23 14 days for a notification provided in an electronic me-
24 dium pursuant to sections 480 and 2883 of title 10,
25 United States Code, to the Committees on Appropriations
December 21, 2020 (12:59 p.m.)

1175
1 of both Houses of Congress, such additional amounts as
2 may be determined by the Secretary of Defense may be
3 transferred to: (1) the Department of Defense Family
4 Housing Improvement Fund from amounts appropriated
5 for construction in ‘‘Family Housing’’ accounts, to be
6 merged with and to be available for the same purposes
7 and for the same period of time as amounts appropriated
8 directly to the Fund; or (2) the Department of Defense
9 Military Unaccompanied Housing Improvement Fund
10 from amounts appropriated for construction of military
11 unaccompanied housing in ‘‘Military Construction’’ ac-
12 counts, to be merged with and to be available for the same
13 purposes and for the same period of time as amounts ap-
14 propriated directly to the Fund: Provided, That appropria-
15 tions made available to the Funds shall be available to
16 cover the costs, as defined in section 502(5) of the Con-
17 gressional Budget Act of 1974, of direct loans or loan
18 guarantees issued by the Department of Defense pursuant
19 to the provisions of subchapter IV of chapter 169 of title
20 10, United States Code, pertaining to alternative means
21 of acquiring and improving military family housing, mili-
22 tary unaccompanied housing, and supporting facilities.
24 SEC. 118. In addition to any other transfer authority

25 available to the Department of Defense, amounts may be
December 21, 2020 (12:59 p.m.)

1176
1 transferred from the Department of Defense Base Closure
2 Account to the fund established by section 1013(d) of the
3 Demonstration Cities and Metropolitan Development Act
4 of 1966 (42 U.S.C. 3374) to pay for expenses associated
5 with the Homeowners Assistance Program incurred under
6 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall
7 be merged with and be available for the same purposes
8 and for the same time period as the fund to which trans-
9 ferred.
11 law, funds made available in this title for operation and
12 maintenance of family housing shall be the exclusive
13 source of funds for repair and maintenance of all family
14 housing units, including general or flag officer quarters:
15 Provided, That not more than $35,000 per unit may be
16 spent annually for the maintenance and repair of any gen-
17 eral or flag officer quarters without 30 days prior notifica-
18 tion, or 14 days for a notification provided in an electronic
19 medium pursuant to sections 480 and 2883 of title 10,
20 United States Code, to the Committees on Appropriations
21 of both Houses of Congress, except that an after-the-fact
22 notification shall be submitted if the limitation is exceeded
23 solely due to costs associated with environmental remedi-
24 ation that could not be reasonably anticipated at the time
25 of the budget submission: Provided further, That the
December 21, 2020 (12:59 p.m.)

1177
1 Under Secretary of Defense (Comptroller) is to report an-
2 nually to the Committees on Appropriations of both
3 Houses of Congress all operation and maintenance ex-
4 penditures for each individual general or flag officer quar-
5 ters for the prior fiscal year.
6 SEC. 120. Amounts contained in the Ford Island Im-
7 provement Account established by subsection (h) of sec-
8 tion 2814 of title 10, United States Code, are appro-
9 priated and shall be available until expended for the pur-
10 poses specified in subsection (i)(1) of such section or until
11 transferred pursuant to subsection (i)(3) of such section.
13 SEC. 121. During the 5-year period after appropria-

14 tions available in this Act to the Department of Defense
15 for military construction and family housing operation and
16 maintenance and construction have expired for obligation,
17 upon a determination that such appropriations will not be
18 necessary for the liquidation of obligations or for making
19 authorized adjustments to such appropriations for obliga-
20 tions incurred during the period of availability of such ap-
21 propriations, unobligated balances of such appropriations
22 may be transferred into the appropriation ‘‘Foreign Cur-
23 rency Fluctuations, Construction, Defense’’, to be merged
24 with and to be available for the same time period and for
December 21, 2020 (12:59 p.m.)

1178
1 the same purposes as the appropriation to which trans-
2 ferred.
4 SEC. 122. Amounts appropriated or otherwise made

5 available in an account funded under the headings in this
6 title may be transferred among projects and activities
7 within the account in accordance with the reprogramming
8 guidelines for military construction and family housing
9 construction contained in Department of Defense Finan-
10 cial Management Regulation 7000.14–R, Volume 3, Chap-
11 ter 7, of March 2011, as in effect on the date of enactment
12 of this Act.
14 title may be obligated or expended for planning and design
15 and construction of projects at Arlington National Ceme-
16 tery.
17 SEC. 124. For an additional amount for the accounts
18 and in the amounts specified, to remain available until
19 September 30, 2025:
20 ‘‘Military Construction, Army’’, $233,000,000;
21 ‘‘Military Construction, Navy and Marine
22 Corps’’, $73,100,000;
23 ‘‘Military Construction, Air Force’’,
24 $60,000,000;
December 21, 2020 (12:59 p.m.)

1179
1 ‘‘Military Construction, Army National Guard’’,
2 $49,835,000;
3 ‘‘Military Construction, Air National Guard’’,
4 $29,500,000; and
5 ‘‘Military Construction, Air Force Reserve’’,
6 $25,000,000:
7 Provided, That such funds may only be obligated to carry
8 out construction projects identified in the respective mili-
9 tary department’s unfunded priority list for fiscal year
10 2021 submitted to Congress: Provided further, That such
11 projects are subject to authorization prior to obligation
12 and expenditure of funds to carry out construction: Pro-
13 vided further, That not later than 30 days after enactment
14 of this Act, the Secretary of the military department con-
15 cerned, or his or her designee, shall submit to the Commit-
16 tees on Appropriations of both Houses of Congress an ex-
17 penditure plan for funds provided under this section.
18 SEC. 125. All amounts appropriated to the ‘‘Depart-
19 ment of Defense—Military Construction, Army’’, ‘‘De-
20 partment of Defense—Military Construction, Navy and
21 Marine Corps’’, ‘‘Department of Defense—Military Con-
22 struction, Air Force’’, and ‘‘Department of Defense—Mili-
23 tary Construction, Defense-Wide’’ accounts pursuant to
24 the authorization of appropriations in a National Defense
25 Authorization Act specified for fiscal year 2021 in the
December 21, 2020 (12:59 p.m.)

1180
1 funding table in section 4601 of that Act shall be imme-
2 diately available and allotted to contract for the full scope
3 of authorized projects.
5 SEC. 126. Of the unobligated balances available to

6 the Department of Defense from prior appropriation Acts,
7 the following funds are hereby rescinded from the fol-
8 lowing accounts in the amounts specified:
10 Corps’’, $48,000,000;
12 $9,975,000;
13 ‘‘Military Construction, Defense-Wide’’,
14 $29,838,000; and
15 ‘‘Department of Defense Base Closure Ac-
16 count’’, $50,000,000:
17 Provided, That no amounts may be rescinded from
18 amounts that were designated by the Congress for Over-
19 seas Contingency Operations/Global War on Terrorism or
20 as an emergency requirement pursuant to a concurrent
21 resolution on the budget or the Balanced Budget and
24 ‘‘congressional defense committees’’ means the Commit-
25 tees on Armed Services of the House of Representatives
December 21, 2020 (12:59 p.m.)

1181
1 and the Senate, the Subcommittee on Military Construc-
2 tion and Veterans Affairs of the Committee on Appropria-
3 tions of the Senate, and the Subcommittee on Military
4 Construction and Veterans Affairs of the Committee on
5 Appropriations of the House of Representatives.
11 Corps’’, $37,700,000;
13 $75,700,000; and
14 ‘‘Family Housing Construction, Army’’,
15 $4,500,000:
16 Provided, That such funds may only be obligated to carry
17 out construction projects identified in the respective mili-
18 tary department’s cost to complete projects list of pre-
19 viously appropriated projects submitted to Congress: Pro-
20 vided further, That such projects are subject to authoriza-
21 tion prior to obligation and expenditure of funds to carry
22 out construction: Provided further, That not later than 30
23 days after enactment of this Act, the Secretary of the mili-
24 tary department concerned, or his or her designee, shall
December 21, 2020 (12:59 p.m.)

1182
1 Houses of Congress an expenditure plan for funds pro-
2 vided under this section.
6 ‘‘Family Housing Operation and Maintenance,
7 Army’’, $20,000,000;
9 Navy and Marine Corps’’, $20,000,000; and
11 Air Force’’, $20,000,000.
13 Act may be used to carry out the closure or realignment
14 of the United States Naval Station, Guantánamo Bay,
15 Cuba.
17 law, none of the funds appropriated or otherwise made
18 available by this or any other Act may be used to consoli-
19 date or relocate any element of a United States Air Force
20 Rapid Engineer Deployable Heavy Operational Repair
21 Squadron Engineer (RED HORSE) outside of the United
22 States until the Secretary of the Air Force: (1) completes
23 an analysis and comparison of the cost and infrastructure
24 investment required to consolidate or relocate a RED
25 HORSE squadron outside of the United States versus
December 21, 2020 (12:59 p.m.)

1183
1 within the United States; (2) provides to the Committees
2 on Appropriations of both Houses of Congress (‘‘the Com-
3 mittees’’) a report detailing the findings of the cost anal-
4 ysis; and (3) certifies in writing to the Committees that
5 the preferred site for the consolidation or relocation yields
6 the greatest savings for the Air Force: Provided, That the
7 term ‘‘United States’’ in this section does not include any
8 territory or possession of the United States.
10 and in the amounts specified for planning and design, for
11 improving military installation resilience, to remain avail-
12 able until September 30, 2025:
15 Corps’’, $7,000,000; and
17 $4,000,000:
18 Provided, That not later than 60 days after enactment of
19 this Act, the Secretary of the military department con-
20 cerned, or his or her designee, shall submit to the Commit-
21 tees on Appropriations of both Houses of Congress an ex-
22 penditure plan for funds provided under this section: Pro-
23 vided further, That the Secretary of the military depart-
24 ment concerned may not obligate or expend any funds
25 prior to approval by the Committees on Appropriations of
December 21, 2020 (12:59 p.m.)

1184
1 both Houses of Congress of the expenditure plan required
2 by this section.
3 SEC. 133. For an additional amount for ‘‘Military
4 Construction, Navy and Marine Corps’’, $32,200,000, to
5 remain available until September 30, 2025, for child devel-
6 opment center construction: Provided, That projects fund-
7 ed using amounts available under this section are subject
8 to authorization prior to obligation and expenditure of
9 funds to carry out construction: Provided further, That
10 amounts made available under this section may not be ob-
11 ligated or expended until the Secretary of the Navy sub-
12 mits to the Committees on Appropriations of both Houses
13 of Congress a detailed expenditure plan not later than 30
14 days after enactment of this Act.
15 SEC. 134. Of the unobligated balances available from
16 prior appropriations Acts under the heading ‘‘Department
17 of Defense—Military Construction, Defense-Wide’’,
18 $131,000,000 is hereby rescinded, and in addition to
19 amounts otherwise provided for this fiscal year, an amount
20 of additional new budget authority equivalent to the
21 amount rescinded pursuant to this section is hereby appro-
22 priated, to remain available until September 30, 2025, and
23 shall be available for the same purposes and under the
24 same authorities as provided under such heading: Pro-
25 vided, That no amounts may be rescinded from amounts
December 21, 2020 (12:59 p.m.)

1185
1 that were designated by the Congress for Overseas Contin-
2 gency Operations/Global War on Terrorism or as an emer-
3 gency requirement pursuant to a concurrent resolution on
4 the budget or the Balanced Budget and Emergency Def-
5 icit Control Act of 1985: Provided further, That projects
6 funded using amounts available under this section are sub-
7 ject to authorization prior to obligation and expenditure
8 of funds to carry out construction: Provided further, That
9 amounts made available under this section may not be ob-
10 ligated or expended until the Secretary of Defense, or his
11 or her designee, submits to the Committees on Appropria-
12 tions of both Houses of Congress a detailed expenditure
13 plan not later than 30 days after enactment of this Act.
December 21, 2020 (12:59 p.m.)

1186
1 TITLE II
2 DEPARTMENT OF VETERANS AFFAIRS
3 VETERANS BENEFITS ADMINISTRATION
4 COMPENSATION AND PENSIONS
6 For the payment of compensation benefits to or on

7 behalf of veterans and a pilot program for disability ex-
8 aminations as authorized by section 107 and chapters 11,
9 13, 18, 51, 53, 55, and 61 of title 38, United States Code;
10 pension benefits to or on behalf of veterans as authorized
11 by chapters 15, 51, 53, 55, and 61 of title 38, United
12 States Code; and burial benefits, the Reinstated Entitle-
13 ment Program for Survivors, emergency and other offi-
14 cers’ retirement pay, adjusted-service credits and certifi-
15 cates, payment of premiums due on commercial life insur-
16 ance policies guaranteed under the provisions of title IV
17 of the Servicemembers Civil Relief Act (50 U.S.C. App.
18 541 et seq.) and for other benefits as authorized by sec-
19 tions 107, 1312, 1977, and 2106, and chapters 23, 51,
20 53, 55, and 61 of title 38, United States Code,
21 $6,110,251,552, which shall be in addition to funds pre-
22 viously appropriated under this heading that became avail-
23 able on October 1, 2020, to remain available until ex-
24 pended; and, in addition, $130,227,650,000, which shall
25 become available on October 1, 2021, to remain available
December 21, 2020 (12:59 p.m.)

1187
1 until expended: Provided, That not to exceed $20,115,000
2 of the amount made available for fiscal year 2022 under
3 this heading shall be reimbursed to ‘‘General Operating
4 Expenses, Veterans Benefits Administration’’, and ‘‘Infor-
5 mation Technology Systems’’ for necessary expenses in
6 implementing the provisions of chapters 51, 53, and 55
7 of title 38, United States Code, the funding source for
8 which is specifically provided as the ‘‘Compensation and
9 Pensions’’ appropriation: Provided further, That such
10 sums as may be earned on an actual qualifying patient
11 basis, shall be reimbursed to ‘‘Medical Care Collections
12 Fund’’ to augment the funding of individual medical facili-
13 ties for nursing home care provided to pensioners as au-
14 thorized: Provided further, That funds recovered (includ-
15 ing refunds and reimbursable activity) from fiscal year
16 2020 obligations and disbursements made with funds that
17 became available on October 1, 2019, as provided under
18 this heading in title II of division C of Public Law 115–
19 244, shall be available until expended.
20 READJUSTMENT BENEFITS
21 For the payment of readjustment and rehabilitation

22 benefits to or on behalf of veterans as authorized by chap-
23 ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and
24 61 of title 38, United States Code, $14,946,618,000,
25 which shall become available on October 1, 2021, to re-
December 21, 2020 (12:59 p.m.)

1188
1 main available until expended: Provided, That expenses for
2 rehabilitation program services and assistance which the
3 Secretary is authorized to provide under subsection (a) of
4 section 3104 of title 38, United States Code, other than
5 under paragraphs (1), (2), (5), and (11) of that sub-
6 section, shall be charged to this account.
7 VETERANS INSURANCE AND INDEMNITIES
8 For military and naval insurance, national service life

9 insurance, servicemen’s indemnities, service-disabled vet-
10 erans insurance, and veterans mortgage life insurance as
11 authorized by chapters 19 and 21 of title 38, United
12 States Code, $2,148,000, which shall be in addition to
13 funds previously appropriated under this heading that be-
14 came available on October 1, 2020, to remain available
15 until expended; and, in addition, $136,950,000, which
16 shall become available on October 1, 2021, to remain
18 VETERANS HOUSING BENEFIT PROGRAM FUND
19 For the cost of direct and guaranteed loans, such

20 sums as may be necessary to carry out the program, as
21 authorized by subchapters I through III of chapter 37 of
22 title 38, United States Code: Provided, That such costs,
23 including the cost of modifying such loans, shall be as de-
24 fined in section 502 of the Congressional Budget Act of
25 1974: Provided further, That, during fiscal year 2021,
December 21, 2020 (12:59 p.m.)

1189
1 within the resources available, not to exceed $500,000 in
2 gross obligations for direct loans are authorized for spe-
3 cially adapted housing loans.
5 the direct and guaranteed loan programs, $204,400,000.
6 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
7 For the cost of direct loans, $33,826, as authorized

8 by chapter 31 of title 38, United States Code: Provided,
9 That such costs, including the cost of modifying such
11 sional Budget Act of 1974: Provided further, That funds
12 made available under this heading are available to sub-
13 sidize gross obligations for the principal amount of direct
14 loans not to exceed $2,469,522.
16 carry out the direct loan program, $424,272, which may
17 be paid to the appropriation for ‘‘General Operating Ex-
18 penses, Veterans Benefits Administration’’.
19 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM
20 ACCOUNT

22 loan program authorized by subchapter V of chapter 37
23 of title 38, United States Code, $1,186,000.
December 21, 2020 (12:59 p.m.)

1190
1 GENERAL OPERATING EXPENSES, VETERANS BENEFITS
2 ADMINISTRATION
3 For necessary operating expenses of the Veterans

4 Benefits Administration, not otherwise provided for, in-
5 cluding hire of passenger motor vehicles, reimbursement
6 of the General Services Administration for security guard
7 services, and reimbursement of the Department of De-
8 fense for the cost of overseas employee mail,
9 $3,180,000,000: Provided, That expenses for services and
10 assistance authorized under paragraphs (1), (2), (5), and
11 (11) of section 3104(a) of title 38, United States Code,
12 that the Secretary of Veterans Affairs determines are nec-
13 essary to enable entitled veterans: (1) to the maximum ex-
14 tent feasible, to become employable and to obtain and
15 maintain suitable employment; or (2) to achieve maximum
16 independence in daily living, shall be charged to this ac-
17 count: Provided further, That, of the funds made available
18 under this heading, not to exceed 10 percent shall remain
20 VETERANS HEALTH ADMINISTRATION
21 MEDICAL SERVICES
22 For necessary expenses for furnishing, as authorized

23 by law, inpatient and outpatient care and treatment to
24 beneficiaries of the Department of Veterans Affairs and
25 veterans described in section 1705(a) of title 38, United
December 21, 2020 (12:59 p.m.)

1191
1 States Code, including care and treatment in facilities not
2 under the jurisdiction of the Department, and including
3 medical supplies and equipment, bioengineering services,
4 food services, and salaries and expenses of healthcare em-
5 ployees hired under title 38, United States Code, assist-
6 ance and support services for caregivers as authorized by
7 section 1720G of title 38, United States Code, loan repay-
8 ments authorized by section 604 of the Caregivers and
9 Veterans Omnibus Health Services Act of 2010 (Public
10 Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note),
11 monthly assistance allowances authorized by section
12 322(d) of title 38, United States Code, grants authorized
13 by section 521A of title 38, United States Code, and ad-
14 ministrative expenses necessary to carry out sections
15 322(d) and 521A of title 38, United States Code, and hos-
16 pital care and medical services authorized by section 1787
17 of title 38, United States Code; $497,468,000, which shall
18 be in addition to funds previously appropriated under this
19 heading that became available on October 1, 2020; and,
20 in addition, $58,897,219,000, plus reimbursements, shall
21 become available on October 1, 2021, and shall remain
23 amount made available on October 1, 2021, under this
24 heading, $1,500,000,000 shall remain available until Sep-
25 tember 30, 2023: Provided further, That, notwithstanding
December 21, 2020 (12:59 p.m.)

1192
1 any other provision of law, the Secretary of Veterans Af-
2 fairs shall establish a priority for the provision of medical
3 treatment for veterans who have service-connected disabil-
4 ities, lower income, or have special needs: Provided further,
5 That, notwithstanding any other provision of law, the Sec-
6 retary of Veterans Affairs shall give priority funding for
7 the provision of basic medical benefits to veterans in en-
8 rollment priority groups 1 through 6: Provided further,
9 That, notwithstanding any other provision of law, the Sec-
10 retary of Veterans Affairs may authorize the dispensing
11 of prescription drugs from Veterans Health Administra-
12 tion facilities to enrolled veterans with privately written
13 prescriptions based on requirements established by the
14 Secretary: Provided further, That the implementation of
15 the program described in the previous proviso shall incur
16 no additional cost to the Department of Veterans Affairs:
17 Provided further, That the Secretary of Veterans Affairs
18 shall ensure that sufficient amounts appropriated under
19 this heading for medical supplies and equipment are avail-
20 able for the acquisition of prosthetics designed specifically
21 for female veterans.
22 MEDICAL COMMUNITY CARE
23 For necessary expenses for furnishing health care to

24 individuals pursuant to chapter 17 of title 38, United
25 States Code, at non-Department facilities,
December 21, 2020 (12:59 p.m.)

1193
1 $1,380,800,000, which shall be in addition to funds pre-
3 able on October 1, 2020; and, in addition,
4 $20,148,244,000, plus reimbursements, shall become
5 available on October 1, 2021, and shall remain available
6 until September 30, 2022: Provided, That, of the amount
7 made available on October 1, 2021, under this heading,
8 $2,000,000,000 shall remain available until September 30,
9 2023.
10 MEDICAL SUPPORT AND COMPLIANCE
11 For necessary expenses in the administration of the

12 medical, hospital, nursing home, domiciliary, construction,
13 supply, and research activities, as authorized by law; ad-
14 ministrative expenses in support of capital policy activi-
15 ties; and administrative and legal expenses of the Depart-
16 ment for collecting and recovering amounts owed the De-
17 partment as authorized under chapter 17 of title 38,
18 United States Code, and the Federal Medical Care Recov-
19 ery Act (42 U.S.C. 2651 et seq.), $300,000,000, which
20 shall be in addition to funds previously appropriated under
21 this heading that became available on October 1, 2020;
22 and, in addition, $8,403,117,000, plus reimbursements,
23 shall become available on October 1, 2021, and shall re-
25 of the amount made available on October 1, 2021, under
December 21, 2020 (12:59 p.m.)

1194
1 this heading, $200,000,000 shall remain available until
3 MEDICAL FACILITIES
4 For necessary expenses for the maintenance and op-

5 eration of hospitals, nursing homes, domiciliary facilities,
6 and other necessary facilities of the Veterans Health Ad-
7 ministration; for administrative expenses in support of
8 planning, design, project management, real property ac-
9 quisition and disposition, construction, and renovation of
10 any facility under the jurisdiction or for the use of the
11 Department; for oversight, engineering, and architectural
12 activities not charged to project costs; for repairing, alter-
13 ing, improving, or providing facilities in the several hos-
14 pitals and homes under the jurisdiction of the Depart-
15 ment, not otherwise provided for, either by contract or by
16 the hire of temporary employees and purchase of mate-
17 rials; for leases of facilities; and for laundry services;
18 $150,000,000, which shall be in addition to funds pre-
20 able on October 1, 2020; and, in addition,
21 $6,734,680,000, plus reimbursements, shall become avail-
22 able on October 1, 2021, and shall remain available until
23 September 30, 2022: Provided, That, of the amount made
24 available on October 1, 2021, under this heading,
December 21, 2020 (12:59 p.m.)

1195
2 2023.
3 MEDICAL AND PROSTHETIC RESEARCH
4 For necessary expenses in carrying out programs of

5 medical and prosthetic research and development as au-
6 thorized by chapter 73 of title 38, United States Code,
7 $815,000,000, plus reimbursements, shall remain avail-
8 able until September 30, 2022: Provided, That the Sec-
9 retary of Veterans Affairs shall ensure that sufficient
10 amounts appropriated under this heading are available for
11 prosthetic research specifically for female veterans, and
12 for toxic exposure research.
13 NATIONAL CEMETERY ADMINISTRATION
14 For necessary expenses of the National Cemetery Ad-
15 ministration for operations and maintenance, not other-
16 wise provided for, including uniforms or allowances there-
17 for; cemeterial expenses as authorized by law; purchase
18 of one passenger motor vehicle for use in cemeterial oper-
19 ations; hire of passenger motor vehicles; and repair, alter-
20 ation or improvement of facilities under the jurisdiction
21 of the National Cemetery Administration, $352,000,000,
22 of which not to exceed 10 percent shall remain available
December 21, 2020 (12:59 p.m.)

1196
1 DEPARTMENTAL ADMINISTRATION
2 GENERAL ADMINISTRATION
4 For necessary operating expenses of the Department

5 of Veterans Affairs, not otherwise provided for, including
6 administrative expenses in support of Department-wide
7 capital planning, management and policy activities, uni-
8 forms, or allowances therefor; not to exceed $25,000 for
9 official reception and representation expenses; hire of pas-
10 senger motor vehicles; and reimbursement of the General
11 Services Administration for security guard services,
12 $365,911,000, of which not to exceed 10 percent shall re-
14 funds provided under this heading may be transferred to
15 ‘‘General Operating Expenses, Veterans Benefits Adminis-
16 tration’’.
17 BOARD OF VETERANS APPEALS
18 For necessary operating expenses of the Board of

19 Veterans Appeals, $196,000,000, of which not to exceed
20 10 percent shall remain available until September 30,
21 2022.
22 INFORMATION TECHNOLOGY SYSTEMS
24 For necessary expenses for information technology

25 systems and telecommunications support, including devel-
December 21, 2020 (12:59 p.m.)

1197
1 opmental information systems and operational information
2 systems; for pay and associated costs; and for the capital
3 asset acquisition of information technology systems, in-
4 cluding management and related contractual costs of said
5 acquisitions, including contractual costs associated with
6 operations authorized by section 3109 of title 5, United
7 States Code, $4,912,000,000, plus reimbursements: Pro-
8 vided, That $1,211,238,000 shall be for pay and associ-
9 ated costs, of which not to exceed 3 percent shall remain
10 available until September 30, 2022: Provided further, That
11 $3,205,216,000 shall be for operations and maintenance,
12 of which not to exceed 5 percent shall remain available
13 until September 30, 2022: Provided further, That
14 $495,546,000 shall be for information technology systems
15 development, and shall remain available until September
16 30, 2022: Provided further, That amounts made available
17 for salaries and expenses, operations and maintenance,
18 and information technology systems development may be
19 transferred among the three subaccounts after the Sec-
20 retary of Veterans Affairs requests from the Committees
21 on Appropriations of both Houses of Congress the author-
22 ity to make the transfer and an approval is issued: Pro-
23 vided further, That amounts made available for the ‘‘Infor-
24 mation Technology Systems’’ account for development
25 may be transferred among projects or to newly defined
December 21, 2020 (12:59 p.m.)

1198
1 projects: Provided further, That no project may be in-
2 creased or decreased by more than $1,000,000 of cost
3 prior to submitting a request to the Committees on Appro-
4 priations of both Houses of Congress to make the transfer
5 and an approval is issued, or absent a response, a period
6 of 30 days has elapsed: Provided further, That the funds
7 made available under this heading for information tech-
8 nology systems development shall be for the projects, and
9 in the amounts, specified under this heading in the explan-
10 atory statement described in section 4 (in the matter pre-
12 VETERANS ELECTRONIC HEALTH RECORD
13 For activities related to implementation, preparation,

14 development, interface, management, rollout, and mainte-
15 nance of a Veterans Electronic Health Record system, in-
16 cluding contractual costs associated with operations au-
18 and salaries and expenses of employees hired under titles
19 5 and 38, United States Code, $2,627,000,000, to remain
20 available until September 30, 2023: Provided, That the
21 Secretary of Veterans Affairs shall submit to the Commit-
22 tees on Appropriations of both Houses of Congress quar-
23 terly reports detailing obligations, expenditures, and de-
24 ployment implementation by facility, including any
25 changes from the deployment plan or schedule: Provided
December 21, 2020 (12:59 p.m.)

1199
1 further, That the funds provided in this account shall only
2 be available to the Office of the Deputy Secretary, to be
3 administered by that Office: Provided further, That 25
4 percent of the funds made available under this heading
5 shall not be available until July 1, 2021, and are contin-
6 gent upon the Secretary of Veterans Affairs providing a
7 certification within 7 days prior to that date to the Com-
8 mittees on Appropriations of any changes to the deploy-
9 ment schedules.

12 General, to include information technology, in carrying out
13 the provisions of the Inspector General Act of 1978 (5
14 U.S.C. App.), $228,000,000, of which not to exceed 10
15 percent shall remain available until September 30, 2022.
16 CONSTRUCTION, MAJOR PROJECTS
17 For constructing, altering, extending, and improving

18 any of the facilities, including parking projects, under the
19 jurisdiction or for the use of the Department of Veterans
20 Affairs, or for any of the purposes set forth in sections
21 316, 2404, 2406 and chapter 81 of title 38, United States
22 Code, not otherwise provided for, including planning, ar-
23 chitectural and engineering services, construction manage-
24 ment services, maintenance or guarantee period services
25 costs associated with equipment guarantees provided
December 21, 2020 (12:59 p.m.)

1200
1 under the project, services of claims analysts, offsite utility
2 and storm drainage system construction costs, and site ac-
3 quisition, where the estimated cost of a project is more
4 than the amount set forth in section 8104(a)(3)(A) of title
5 38, United States Code, or where funds for a project were
6 made available in a previous major project appropriation,
7 $1,316,000,000, of which $980,638,000 shall remain
8 available until September 30, 2025, and of which
9 $335,362,000 shall remain available until expended, of
10 which $180,198,000 shall be available for seismic improve-
11 ment projects and seismic program management activities,
12 including for projects that would otherwise be funded by
13 the Construction, Minor Projects, Medical Facilities or
14 National Cemetery Administration accounts: Provided,
15 That except for advance planning activities, including
16 needs assessments which may or may not lead to capital
17 investments, and other capital asset management related
18 activities, including portfolio development and manage-
19 ment activities, and investment strategy studies funded
20 through the advance planning fund and the planning and
21 design activities funded through the design fund, including
22 needs assessments which may or may not lead to capital
23 investments, and funds provided for the purchase, secu-
24 rity, and maintenance of land for the National Cemetery
25 Administration through the land acquisition line item,
December 21, 2020 (12:59 p.m.)

1201
1 none of the funds made available under this heading shall
2 be used for any project that has not been notified to Con-
3 gress through the budgetary process or that has not been
4 approved by the Congress through statute, joint resolu-
5 tion, or in the explanatory statement accompanying such
6 Act and presented to the President at the time of enroll-
7 ment: Provided further, That such sums as may be nec-
8 essary shall be available to reimburse the ‘‘General Admin-
9 istration’’ account for payment of salaries and expenses
10 of all Office of Construction and Facilities Management
11 employees to support the full range of capital infrastruc-
12 ture services provided, including minor construction and
13 leasing services: Provided further, That funds made avail-
14 able under this heading for fiscal year 2021, for each ap-
15 proved project shall be obligated: (1) by the awarding of
16 a construction documents contract by September 30,
17 2021; and (2) by the awarding of a construction contract
18 by September 30, 2022: Provided further, That the Sec-
19 retary of Veterans Affairs shall promptly submit to the
21 a written report on any approved major construction
22 project for which obligations are not incurred within the
23 time limitations established above: Provided further, That
24 notwithstanding the requirements of section 8104(a) of
25 title 38, United States Code, amounts made available
December 21, 2020 (12:59 p.m.)

1202
1 under this heading for seismic improvement projects and
2 seismic program management activities shall be available
3 for the completion of both new and existing seismic
4 projects of the Department.
5 CONSTRUCTION, MINOR PROJECTS
6 For constructing, altering, extending, and improving

7 any of the facilities, including parking projects, under the
8 jurisdiction or for the use of the Department of Veterans
9 Affairs, including planning and assessments of needs
10 which may lead to capital investments, architectural and
11 engineering services, maintenance or guarantee period
12 services costs associated with equipment guarantees pro-
13 vided under the project, services of claims analysts, offsite
14 utility and storm drainage system construction costs, and
15 site acquisition, or for any of the purposes set forth in
16 sections 316, 2404, 2406 and chapter 81 of title 38,
17 United States Code, not otherwise provided for, where the
18 estimated cost of a project is equal to or less than the
19 amount set forth in section 8104(a)(3)(A) of title 38,
20 United States Code, $390,000,000, to remain available
21 until September 30, 2025, along with unobligated balances
22 of previous ‘‘Construction, Minor Projects’’ appropriations
23 which are hereby made available for any project where the
24 estimated cost is equal to or less than the amount set forth
25 in such section: Provided, That funds made available
December 21, 2020 (12:59 p.m.)

1203
1 under this heading shall be for: (1) repairs to any of the
2 nonmedical facilities under the jurisdiction or for the use
3 of the Department which are necessary because of loss or
4 damage caused by any natural disaster or catastrophe;
5 and (2) temporary measures necessary to prevent or to
6 minimize further loss by such causes.
7 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE
8 FACILITIES
9 For grants to assist States to acquire or construct

10 State nursing home and domiciliary facilities and to re-
11 model, modify, or alter existing hospital, nursing home,
12 and domiciliary facilities in State homes, for furnishing
13 care to veterans as authorized by sections 8131 through
14 8137 of title 38, United States Code, $90,000,000, to re-
16 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES
17 For grants to assist States and tribal organizations

18 in establishing, expanding, or improving veterans ceme-
19 teries as authorized by section 2408 of title 38, United
20 States Code, $45,000,000, to remain available until ex-
21 pended.
24 SEC. 201. Any appropriation for fiscal year 2021 for

25 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’,
December 21, 2020 (12:59 p.m.)

1204
1 and ‘‘Veterans Insurance and Indemnities’’ may be trans-
2 ferred as necessary to any other of the mentioned appro-
3 priations: Provided, That, before a transfer may take
4 place, the Secretary of Veterans Affairs shall request from
6 gress the authority to make the transfer and such Com-
7 mittees issue an approval, or absent a response, a period
8 of 30 days has elapsed.
10 SEC. 202. Amounts made available for the Depart-

11 ment of Veterans Affairs for fiscal year 2021, in this or
12 any other Act, under the ‘‘Medical Services’’, ‘‘Medical
13 Community Care’’, ‘‘Medical Support and Compliance’’,
14 and ‘‘Medical Facilities’’ accounts may be transferred
15 among the accounts: Provided, That any transfers among
16 the ‘‘Medical Services’’, ‘‘Medical Community Care’’, and
17 ‘‘Medical Support and Compliance’’ accounts of 1 percent
18 or less of the total amount appropriated to the account
19 in this or any other Act may take place subject to notifica-
20 tion from the Secretary of Veterans Affairs to the Com-
21 mittees on Appropriations of both Houses of Congress of
22 the amount and purpose of the transfer: Provided further,
23 That any transfers among the ‘‘Medical Services’’, ‘‘Med-
24 ical Community Care’’, and ‘‘Medical Support and Compli-
25 ance’’ accounts in excess of 1 percent, or exceeding the
December 21, 2020 (12:59 p.m.)

1205
1 cumulative 1 percent for the fiscal year, may take place
2 only after the Secretary requests from the Committees on
3 Appropriations of both Houses of Congress the authority
4 to make the transfer and an approval is issued: Provided
5 further, That any transfers to or from the ‘‘Medical Facili-
6 ties’’ account may take place only after the Secretary re-
7 quests from the Committees on Appropriations of both
8 Houses of Congress the authority to make the transfer
9 and an approval is issued.
10 SEC. 203. Appropriations available in this title for
11 salaries and expenses shall be available for services au-
13 hire of passenger motor vehicles; lease of a facility or land
14 or both; and uniforms or allowances therefore, as author-
15 ized by sections 5901 through 5902 of title 5, United
16 States Code.
17 SEC. 204. No appropriations in this title (except the
18 appropriations for ‘‘Construction, Major Projects’’, and
19 ‘‘Construction, Minor Projects’’) shall be available for the
20 purchase of any site for or toward the construction of any
21 new hospital or home.
22 SEC. 205. No appropriations in this title shall be
23 available for hospitalization or examination of any persons
24 (except beneficiaries entitled to such hospitalization or ex-
25 amination under the laws providing such benefits to vet-
December 21, 2020 (12:59 p.m.)

1206
1 erans, and persons receiving such treatment under sec-
2 tions 7901 through 7904 of title 5, United States Code,
3 or the Robert T. Stafford Disaster Relief and Emergency
4 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim-
5 bursement of the cost of such hospitalization or examina-
6 tion is made to the ‘‘Medical Services’’ account at such
7 rates as may be fixed by the Secretary of Veterans Affairs.
8 SEC. 206. Appropriations available in this title for
9 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’,
10 and ‘‘Veterans Insurance and Indemnities’’ shall be avail-
11 able for payment of prior year accrued obligations re-
12 quired to be recorded by law against the corresponding
13 prior year accounts within the last quarter of fiscal year
14 2020.
15 SEC. 207. Appropriations available in this title shall
16 be available to pay prior year obligations of corresponding
17 prior year appropriations accounts resulting from sections
18 3328(a), 3334, and 3712(a) of title 31, United States
19 Code, except that if such obligations are from trust fund
20 accounts they shall be payable only from ‘‘Compensation
21 and Pensions’’.

24 law, during fiscal year 2021, the Secretary of Veterans
25 Affairs shall, from the National Service Life Insurance
December 21, 2020 (12:59 p.m.)

1207
1 Fund under section 1920 of title 38, United States Code,
2 the Veterans’ Special Life Insurance Fund under section
3 1923 of title 38, United States Code, and the United
4 States Government Life Insurance Fund under section
5 1955 of title 38, United States Code, reimburse the ‘‘Gen-
6 eral Operating Expenses, Veterans Benefits Administra-
7 tion’’ and ‘‘Information Technology Systems’’ accounts for
8 the cost of administration of the insurance programs fi-
9 nanced through those accounts: Provided, That reimburse-
10 ment shall be made only from the surplus earnings accu-
11 mulated in such an insurance program during fiscal year
12 2021 that are available for dividends in that program after
13 claims have been paid and actuarially determined reserves
14 have been set aside: Provided further, That if the cost of
15 administration of such an insurance program exceeds the
16 amount of surplus earnings accumulated in that program,
17 reimbursement shall be made only to the extent of such
18 surplus earnings: Provided further, That the Secretary
19 shall determine the cost of administration for fiscal year
20 2021 which is properly allocable to the provision of each
21 such insurance program and to the provision of any total
22 disability income insurance included in that insurance pro-
23 gram.
24 SEC. 209. Amounts deducted from enhanced-use
25 lease proceeds to reimburse an account for expenses in-
December 21, 2020 (12:59 p.m.)

1208
1 curred by that account during a prior fiscal year for pro-
2 viding enhanced-use lease services, may be obligated dur-
3 ing the fiscal year in which the proceeds are received.
5 SEC. 210. Funds available in this title or funds for

6 salaries and other administrative expenses shall also be
7 available to reimburse the Office of Resolution Manage-
8 ment, the Office of Employment Discrimination Complaint
9 Adjudication, and the Office of Diversity and Inclusion for
10 all services provided at rates which will recover actual
11 costs but not to exceed $60,096,000 for the Office of Reso-
12 lution Management, $6,100,000 for the Office of Employ-
13 ment Discrimination Complaint Adjudication, and
14 $5,294,000 for the Office of Diversity and Inclusion: Pro-
15 vided, That payments may be made in advance for services
16 to be furnished based on estimated costs: Provided further,
17 That amounts received shall be credited to the ‘‘General
18 Administration’’ and ‘‘Information Technology Systems’’
19 accounts for use by the office that provided the service.
20 SEC. 211. No funds of the Department of Veterans
21 Affairs shall be available for hospital care, nursing home
22 care, or medical services provided to any person under
23 chapter 17 of title 38, United States Code, for a non-serv-
24 ice-connected disability described in section 1729(a)(2) of
25 such title, unless that person has disclosed to the Sec-
December 21, 2020 (12:59 p.m.)

1209
1 retary of Veterans Affairs, in such form as the Secretary
2 may require, current, accurate third-party reimbursement
3 information for purposes of section 1729 of such title: Pro-
4 vided, That the Secretary may recover, in the same man-
5 ner as any other debt due the United States, the reason-
6 able charges for such care or services from any person who
7 does not make such disclosure as required: Provided fur-
8 ther, That any amounts so recovered for care or services
9 provided in a prior fiscal year may be obligated by the
10 Secretary during the fiscal year in which amounts are re-
11 ceived.

14 law, proceeds or revenues derived from enhanced-use leas-
15 ing activities (including disposal) may be deposited into
16 the ‘‘Construction, Major Projects’’ and ‘‘Construction,
17 Minor Projects’’ accounts and be used for construction
18 (including site acquisition and disposition), alterations,
19 and improvements of any medical facility under the juris-
20 diction or for the use of the Department of Veterans Af-
21 fairs. Such sums as realized are in addition to the amount
22 provided for in ‘‘Construction, Major Projects’’ and ‘‘Con-
23 struction, Minor Projects’’.
24 SEC. 213. Amounts made available under ‘‘Medical
25 Services’’ are available—
December 21, 2020 (12:59 p.m.)

1210
1 (1) for furnishing recreational facilities, sup-
2 plies, and equipment; and
3 (2) for funeral expenses, burial expenses, and
4 other expenses incidental to funerals and burials for
5 beneficiaries receiving care in the Department.
7 SEC. 214. Such sums as may be deposited to the

8 Medical Care Collections Fund pursuant to section 1729A
9 of title 38, United States Code, may be transferred to the
10 ‘‘Medical Services’’ and ‘‘Medical Community Care’’ ac-
11 counts to remain available until expended for the purposes
12 of these accounts.
13 SEC. 215. The Secretary of Veterans Affairs may
14 enter into agreements with Federally Qualified Health
15 Centers in the State of Alaska and Indian tribes and tribal
16 organizations which are party to the Alaska Native Health
17 Compact with the Indian Health Service, to provide
18 healthcare, including behavioral health and dental care, to
19 veterans in rural Alaska. The Secretary shall require par-
20 ticipating veterans and facilities to comply with all appro-
21 priate rules and regulations, as established by the Sec-
22 retary. The term ‘‘rural Alaska’’ shall mean those lands
23 which are not within the boundaries of the municipality
24 of Anchorage or the Fairbanks North Star Borough.
December 21, 2020 (12:59 p.m.)

1211
2 SEC. 216. Such sums as may be deposited to the De-

3 partment of Veterans Affairs Capital Asset Fund pursu-
4 ant to section 8118 of title 38, United States Code, may
5 be transferred to the ‘‘Construction, Major Projects’’ and
6 ‘‘Construction, Minor Projects’’ accounts, to remain avail-
7 able until expended for the purposes of these accounts.
9 each fiscal quarter, the Secretary of Veterans Affairs shall
11 Houses of Congress a report on the financial status of the
12 Department of Veterans Affairs for the preceding quarter:
13 Provided, That, at a minimum, the report shall include
14 the direction contained in the paragraph entitled ‘‘Quar-
15 terly reporting’’, under the heading ‘‘General Administra-
16 tion’’ in the joint explanatory statement accompanying
19 SEC. 218. Amounts made available under the ‘‘Med-

20 ical Services’’, ‘‘Medical Community Care’’, ‘‘Medical Sup-
21 port and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Op-
22 erating Expenses, Veterans Benefits Administration’’,
23 ‘‘Board of Veterans Appeals’’, ‘‘General Administration’’,
24 and ‘‘National Cemetery Administration’’ accounts for fis-
25 cal year 2021 may be transferred to or from the ‘‘Informa-
December 21, 2020 (12:59 p.m.)

1212
1 tion Technology Systems’’ account: Provided, That such
2 transfers may not result in a more than 10 percent aggre-
3 gate increase in the total amount made available by this
4 Act for the ‘‘Information Technology Systems’’ account:
5 Provided further, That, before a transfer may take place,
6 the Secretary of Veterans Affairs shall request from the
8 the authority to make the transfer and an approval is
9 issued.
11 SEC. 219. Of the amounts appropriated to the De-

12 partment of Veterans Affairs for fiscal year 2021 for
13 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical
14 Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘Con-
15 struction, Minor Projects’’, and ‘‘Information Technology
16 Systems’’, up to $322,932,000, plus reimbursements, may
17 be transferred to the Joint Department of Defense—De-
18 partment of Veterans Affairs Medical Facility Demonstra-
19 tion Fund, established by section 1704 of the National De-
20 fense Authorization Act for Fiscal Year 2010 (Public Law
21 111–84; 123 Stat. 3571) and may be used for operation
22 of the facilities designated as combined Federal medical
23 facilities as described by section 706 of the Duncan Hun-
24 ter National Defense Authorization Act for Fiscal Year
25 2009 (Public Law 110–417; 122 Stat. 4500): Provided,
December 21, 2020 (12:59 p.m.)

1213
1 That additional funds may be transferred from accounts
2 designated in this section to the Joint Department of De-
3 fense—Department of Veterans Affairs Medical Facility
4 Demonstration Fund upon written notification by the Sec-
5 retary of Veterans Affairs to the Committees on Appro-
6 priations of both Houses of Congress: Provided further,
7 That section 220 of title II of division F of Public Law
8 116–94 is repealed.
10 SEC. 220. Of the amounts appropriated to the De-

11 partment of Veterans Affairs which become available on
12 October 1, 2021, for ‘‘Medical Services’’, ‘‘Medical Com-
13 munity Care’’, ‘‘Medical Support and Compliance’’, and
14 ‘‘Medical Facilities’’, up to $327,126,000, plus reimburse-
15 ments, may be transferred to the Joint Department of De-
17 Demonstration Fund, established by section 1704 of the
19 (Public Law 111–84; 123 Stat. 3571) and may be used
20 for operation of the facilities designated as combined Fed-
21 eral medical facilities as described by section 706 of the
22 Duncan Hunter National Defense Authorization Act for
23 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500):
24 Provided, That additional funds may be transferred from
25 accounts designated in this section to the Joint Depart-
December 21, 2020 (12:59 p.m.)

1214
1 ment of Defense—Department of Veterans Affairs Med-
2 ical Facility Demonstration Fund upon written notifica-
3 tion by the Secretary of Veterans Affairs to the Commit-
4 tees on Appropriations of both Houses of Congress.
6 SEC. 221. Such sums as may be deposited to the

7 Medical Care Collections Fund pursuant to section 1729A
8 of title 38, United States Code, for healthcare provided
9 at facilities designated as combined Federal medical facili-
10 ties as described by section 706 of the Duncan Hunter
12 (Public Law 110–417; 122 Stat. 4500) shall also be avail-
13 able: (1) for transfer to the Joint Department of De-
15 Demonstration Fund, established by section 1704 of the
17 (Public Law 111–84; 123 Stat. 3571); and (2) for oper-
18 ations of the facilities designated as combined Federal
19 medical facilities as described by section 706 of the Dun-
20 can Hunter National Defense Authorization Act for Fiscal
21 Year 2009 (Public Law 110–417; 122 Stat. 4500): Pro-
22 vided, That, notwithstanding section 1704(b)(3) of the
24 (Public Law 111–84; 123 Stat. 2573), amounts trans-
25 ferred to the Joint Department of Defense—Department
December 21, 2020 (12:59 p.m.)

1215
1 of Veterans Affairs Medical Facility Demonstration Fund
4 SEC. 222. Of the amounts available in this title for

5 ‘‘Medical Services’’, ‘‘Medical Community Care’’, ‘‘Medical
6 Support and Compliance’’, and ‘‘Medical Facilities’’, a
7 minimum of $15,000,000 shall be transferred to the
8 DOD–VA Health Care Sharing Incentive Fund, as au-
9 thorized by section 8111(d) of title 38, United States
10 Code, to remain available until expended, for any purpose
11 authorized by section 8111 of title 38, United States Code.
12 SEC. 223. None of the funds available to the Depart-
13 ment of Veterans Affairs, in this or any other Act, may
14 be used to replace the current system by which the Vet-
15 erans Integrated Service Networks select and contract for
16 diabetes monitoring supplies and equipment.
17 SEC. 224. The Secretary of Veterans Affairs shall no-
18 tify the Committees on Appropriations of both Houses of
19 Congress of all bid savings in a major construction project
20 that total at least $5,000,000, or 5 percent of the pro-
21 grammed amount of the project, whichever is less: Pro-
22 vided, That such notification shall occur within 14 days
23 of a contract identifying the programmed amount: Pro-
24 vided further, That the Secretary shall notify the Commit-
25 tees on Appropriations of both Houses of Congress 14
December 21, 2020 (12:59 p.m.)

1216
1 days prior to the obligation of such bid savings and shall
2 describe the anticipated use of such savings.
3 SEC. 225. None of the funds made available for
4 ‘‘Construction, Major Projects’’ may be used for a project
5 in excess of the scope specified for that project in the origi-
6 nal justification data provided to the Congress as part of
7 the request for appropriations unless the Secretary of Vet-
8 erans Affairs receives approval from the Committees on
9 Appropriations of both Houses of Congress.
11 each fiscal quarter, the Secretary of Veterans Affairs shall
13 Houses of Congress a quarterly report containing perform-
14 ance measures and data from each Veterans Benefits Ad-
15 ministration Regional Office: Provided, That, at a min-
16 imum, the report shall include the direction contained in
17 the section entitled ‘‘Disability claims backlog’’, under the
18 heading ‘‘General Operating Expenses, Veterans Benefits
19 Administration’’ in the joint explanatory statement accom-
20 panying Public Law 114–223: Provided further, That the
21 report shall also include information on the number of ap-
22 peals pending at the Veterans Benefits Administration as
23 well as the Board of Veterans Appeals on a quarterly
24 basis.
December 21, 2020 (12:59 p.m.)

1217
1 SEC. 227. The Secretary of Veterans Affairs shall
2 provide written notification to the Committees on Appro-
3 priations of both Houses of Congress 15 days prior to or-
4 ganizational changes which result in the transfer of 25 or
5 more full-time equivalents from one organizational unit of
6 the Department of Veterans Affairs to another.
7 SEC. 228. The Secretary of Veterans Affairs shall
8 provide on a quarterly basis to the Committees on Appro-
9 priations of both Houses of Congress notification of any
10 single national outreach and awareness marketing cam-
11 paign in which obligations exceed $1,000,000.
13 SEC. 229. The Secretary of Veterans Affairs, upon

14 determination that such action is necessary to address
15 needs of the Veterans Health Administration, may trans-
16 fer to the ‘‘Medical Services’’ account any discretionary
17 appropriations made available for fiscal year 2021 in this
18 title (except appropriations made to the ‘‘General Oper-
19 ating Expenses, Veterans Benefits Administration’’ ac-
20 count) or any discretionary unobligated balances within
21 the Department of Veterans Affairs, including those ap-
22 propriated for fiscal year 2021, that were provided in ad-
23 vance by appropriations Acts: Provided, That transfers
24 shall be made only with the approval of the Office of Man-
25 agement and Budget: Provided further, That the transfer
December 21, 2020 (12:59 p.m.)

1218
1 authority provided in this section is in addition to any
2 other transfer authority provided by law: Provided further,
3 That no amounts may be transferred from amounts that
4 were designated by Congress as an emergency requirement
5 pursuant to a concurrent resolution on the budget or the
7 1985: Provided further, That such authority to transfer
8 may not be used unless for higher priority items, based
9 on emergent healthcare requirements, than those for
10 which originally appropriated and in no case where the
11 item for which funds are requested has been denied by
12 Congress: Provided further, That, upon determination that
13 all or part of the funds transferred from an appropriation
14 are not necessary, such amounts may be transferred back
15 to that appropriation and shall be available for the same
16 purposes as originally appropriated: Provided further,
17 That before a transfer may take place, the Secretary of
18 Veterans Affairs shall request from the Committees on
19 Appropriations of both Houses of Congress the authority
20 to make the transfer and receive approval of that request.
22 SEC. 230. Amounts made available for the Depart-

23 ment of Veterans Affairs for fiscal year 2021, under the
24 ‘‘Board of Veterans Appeals’’ and the ‘‘General Operating
25 Expenses, Veterans Benefits Administration’’ accounts
December 21, 2020 (12:59 p.m.)

1219
1 may be transferred between such accounts: Provided, That
2 before a transfer may take place, the Secretary of Vet-
3 erans Affairs shall request from the Committees on Appro-
4 priations of both Houses of Congress the authority to
5 make the transfer and receive approval of that request.
6 SEC. 231. The Secretary of Veterans Affairs may not
7 reprogram funds among major construction projects or
8 programs if such instance of reprogramming will exceed
9 $7,000,000, unless such reprogramming is approved by
11 gress.
12 SEC. 232. (a) The Secretary of Veterans Affairs shall
13 ensure that the toll-free suicide hotline under section
14 1720F(h) of title 38, United States Code—
15 (1) provides to individuals who contact the hot-
16 line immediate assistance from a trained profes-
17 sional; and
18 (2) adheres to all requirements of the American
19 Association of Suicidology.
20 (b)(1) None of the funds made available by this Act
21 may be used to enforce or otherwise carry out any Execu-
22 tive action that prohibits the Secretary of Veterans Affairs
23 from appointing an individual to occupy a vacant civil
24 service position, or establishing a new civil service position,
25 at the Department of Veterans Affairs with respect to
December 21, 2020 (12:59 p.m.)

1220
1 such a position relating to the hotline specified in sub-
2 section (a).
3 (2) In this subsection—
4 (A) the term ‘‘civil service’’ has the meaning
5 given such term in section 2101(1) of title 5, United
6 States Code; and
7 (B) the term ‘‘Executive action’’ includes—
8 (i) any Executive order, presidential memo-
9 randum, or other action by the President; and
10 (ii) any agency policy, order, or other di-
11 rective.
12 (c)(1) The Secretary of Veterans Affairs shall con-
13 duct a study on the effectiveness of the hotline specified
14 in subsection (a) during the 5-year period beginning on
15 January 1, 2016, based on an analysis of national suicide
16 data and data collected from such hotline.
17 (2) At a minimum, the study required by paragraph
18 (1) shall—
19 (A) determine the number of veterans who con-
20 tact the hotline specified in subsection (a) and who
21 receive follow up services from the hotline or mental
22 health services from the Department of Veterans Af-
23 fairs thereafter;
24 (B) determine the number of veterans who con-
25 tact the hotline who are not referred to, or do not
December 21, 2020 (12:59 p.m.)

1221
1 continue receiving, mental health care who commit
2 suicide; and
3 (C) determine the number of veterans described
4 in subparagraph (A) who commit or attempt suicide.
5 SEC. 233. Effective during the period beginning on
6 October 1, 2018 and ending on January 1, 2024, none
7 of the funds made available to the Secretary of Veterans
8 Affairs by this or any other Act may be obligated or ex-
9 pended in contravention of the ‘‘Veterans Health Adminis-
10 tration Clinical Preventive Services Guidance Statement
11 on the Veterans Health Administration’s Screening for
12 Breast Cancer Guidance’’ published on May 10, 2017, as
13 issued by the Veterans Health Administration National
14 Center for Health Promotion and Disease Prevention.
16 of law, the amounts appropriated or otherwise made avail-
17 able to the Department of Veterans Affairs for the ‘‘Med-
18 ical Services’’ account may be used to provide—
19 (1) fertility counseling and treatment using as-
20 sisted reproductive technology to a covered veteran
21 or the spouse of a covered veteran; or
22 (2) adoption reimbursement to a covered vet-
23 eran.
24 (b) In this section:
December 21, 2020 (12:59 p.m.)

1222
1 (1) The term ‘‘service-connected’’ has the
2 meaning given such term in section 101 of title 38,
4 (2) The term ‘‘covered veteran’’ means a vet-
5 eran, as such term is defined in section 101 of title
6 38, United States Code, who has a service-connected
7 disability that results in the inability of the veteran
8 to procreate without the use of fertility treatment.
9 (3) The term ‘‘assisted reproductive tech-
10 nology’’ means benefits relating to reproductive as-
11 sistance provided to a member of the Armed Forces
12 who incurs a serious injury or illness on active duty
13 pursuant to section 1074(c)(4)(A) of title 10, United
14 States Code, as described in the memorandum on
15 the subject of ‘‘Policy for Assisted Reproductive
16 Services for the Benefit of Seriously or Severely Ill/
17 Injured (Category II or III) Active Duty Service
18 Members’’ issued by the Assistant Secretary of De-
19 fense for Health Affairs on April 3, 2012, and the
20 guidance issued to implement such policy, including
21 any limitations on the amount of such benefits avail-
22 able to such a member except that—
23 (A) the time periods regarding embryo
24 cryopreservation and storage set forth in part
December 21, 2020 (12:59 p.m.)

1223
1 III(G) and in part IV(H) of such memorandum
2 shall not apply; and
3 (B) such term includes embryo
4 cryopreservation and storage without limitation
5 on the duration of such cryopreservation and
6 storage.
7 (4) The term ‘‘adoption reimbursement’’ means
8 reimbursement for the adoption-related expenses for
9 an adoption that is finalized after the date of the en-
10 actment of this Act under the same terms as apply
11 under the adoption reimbursement program of the
12 Department of Defense, as authorized in Depart-
13 ment of Defense Instruction 1341.09, including the
14 reimbursement limits and requirements set forth in
15 such instruction.
16 (c) Amounts made available for the purposes speci-
17 fied in subsection (a) of this section are subject to the
18 requirements for funds contained in section 508 of division
19 H of the Consolidated Appropriations Act, 2018 (Public
20 Law 115–141).
22 wise made available by this Act or any other Act for the
23 Department of Veterans Affairs may be used in a manner
24 that is inconsistent with: (1) section 842 of the Transpor-
25 tation, Treasury, Housing and Urban Development, the
December 21, 2020 (12:59 p.m.)

1224
1 Judiciary, the District of Columbia, and Independent
2 Agencies Appropriations Act, 2006 (Public Law 109–115;
3 119 Stat. 2506); or (2) section 8110(a)(5) of title 38,
5 SEC. 236. Section 842 of Public Law 109–115 shall
6 not apply to conversion of an activity or function of the
7 Veterans Health Administration, Veterans Benefits Ad-
8 ministration, or National Cemetery Administration to con-
9 tractor performance by a business concern that is at least
10 51 percent owned by one or more Indian tribes as defined
11 in section 5304(e) of title 25, United States Code, or one
12 or more Native Hawaiian Organizations as defined in sec-
13 tion 637(a)(15) of title 15, United States Code.
15 the Secretary of Veterans Affairs, in consultation with the
16 Secretary of Defense and the Secretary of Labor, shall dis-
17 continue using Social Security account numbers to identify
18 individuals in all information systems of the Department
19 of Veterans Affairs as follows:
20 (1) For all veterans submitting to the Secretary
21 of Veterans Affairs new claims for benefits under
22 laws administered by the Secretary, not later than
23 March 23, 2023.
24 (2) For all individuals not described in para-
25 graph (1), not later than March 23, 2026.
December 21, 2020 (12:59 p.m.)

1225
1 (b) The Secretary of Veterans Affairs may use a So-
2 cial Security account number to identify an individual in
3 an information system of the Department of Veterans Af-
4 fairs if and only if the use of such number is required
5 to obtain information the Secretary requires from an in-
6 formation system that is not under the jurisdiction of the
7 Secretary.
8 (c) The matter in subsections (a) and (b) shall super-
9 sede section 238 of Public Law 116–94.
10 SEC. 238. For funds provided to the Department of
11 Veterans Affairs for each of fiscal year 2021 and 2022
12 for ‘‘Medical Services’’, section 239 of division A of Public
13 Law 114–223 shall apply.
14 SEC. 239. None of the funds appropriated in this or
15 prior appropriations Acts or otherwise made available to
16 the Department of Veterans Affairs may be used to trans-
17 fer any amounts from the Filipino Veterans Equity Com-
18 pensation Fund to any other account within the Depart-
19 ment of Veterans Affairs.
20 SEC. 240. Of the funds provided to the Department
21 of Veterans Affairs for each of fiscal year 2021 and fiscal
22 year 2022 for ‘‘Medical Services’’, funds may be used in
23 each year to carry out and expand the child care program
24 authorized by section 205 of Public Law 111–163, not-
25 withstanding subsection (e) of such section.
December 21, 2020 (12:59 p.m.)

1226
2 wise made available in this title may be used by the Sec-
3 retary of Veterans Affairs to enter into an agreement re-
4 lated to resolving a dispute or claim with an individual
5 that would restrict in any way the individual from speak-
6 ing to members of Congress or their staff on any topic
7 not otherwise prohibited from disclosure by Federal law
8 or required by Executive order to be kept secret in the
9 interest of national defense or the conduct of foreign af-
10 fairs.
12 Veterans Affairs for each of fiscal year 2021 and 2022,
13 section 258 of division A of Public Law 114–223 shall
14 apply.
16 erwise made available by this Act may be used to deny
17 an Inspector General funded under this Act timely access
18 to any records, documents, or other materials available to
19 the department or agency of the United States Govern-
20 ment over which such Inspector General has responsibil-
21 ities under the Inspector General Act of 1978 (5 U.S.C.
22 App.), or to prevent or impede the access of such Inspector
23 General to such records, documents, or other materials,
24 under any provision of law, except a provision of law that
December 21, 2020 (12:59 p.m.)

1227
1 expressly refers to such Inspector General and expressly
2 limits the right of access of such Inspector General.
3 (b) A department or agency covered by this section
4 shall provide its Inspector General access to all records,
5 documents, and other materials in a timely manner.
6 (c) Each Inspector General covered by this section
7 shall ensure compliance with statutory limitations on dis-
8 closure relevant to the information provided by the depart-
9 ment or agency over which that Inspector General has re-
10 sponsibilities under the Inspector General Act of 1978 (5
11 U.S.C. App.).
12 (d) Each Inspector General covered by this section
13 shall report to the Committee on Appropriations of the
14 Senate and the Committee on Appropriations of the House
15 of Representatives within 5 calendar days of any failure
16 by any department or agency covered by this section to
17 comply with this section.
19 Act may be used in a manner that would increase wait
20 times for veterans who seek care at medical facilities of
21 the Department of Veterans Affairs.
23 wise made available by this Act to the Veterans Health
24 Administration may be used in fiscal year 2021 to convert
25 any program which received specific purpose funds in fis-
December 21, 2020 (12:59 p.m.)

1228
1 cal year 2020 to a general purpose funded program unless
2 the Secretary of Veterans Affairs submits written notifica-
3 tion of any such proposal to the Committees on Appropria-
4 tions of both Houses of Congress at least 30 days prior
5 to any such action and an approval is issued by the Com-
6 mittees.
8 Veterans Affairs for each of fiscal year 2021 and 2022,
9 section 248 of division A of Public Law 114–223 shall
10 apply.
12 erwise made available by this Act may be used to conduct
13 research commencing on or after October 1, 2019, that
14 uses any canine, feline, or non-human primate unless the
15 Secretary of Veterans Affairs approves such research spe-
16 cifically and in writing pursuant to subsection (b).
17 (b)(1) The Secretary of Veterans Affairs may approve
18 the conduct of research commencing on or after October
19 1, 2019, using canines, felines, or non-human primates if
20 the Secretary determines that—
21 (A) the scientific objectives of the research can
22 only be met by using such canines, felines, or non-
23 human primates;
24 (B) such scientific objectives are directly related
25 to an illness or injury that is combat-related; and
December 21, 2020 (12:59 p.m.)

1229
1 (C) the research is consistent with the revised
2 Department of Veterans Affairs canine research pol-
3 icy document dated December 15, 2017, including
4 any subsequent revisions to such document.
5 (2) The Secretary may not delegate the author-
6 ity under this subsection.
7 (c) If the Secretary approves any new research pursu-
8 ant to subsection (b), not later than 30 days before the
9 commencement of such research, the Secretary shall sub-
10 mit to the Committees on Appropriations of the Senate
11 and House of Representatives a report describing—
12 (1) the nature of the research to be conducted
13 using canines, felines, or non-human primates;
14 (2) the date on which the Secretary approved
15 the research;
16 (3) the justification for the determination of the
17 Secretary that the scientific objectives of such re-
18 search could only be met using canines, felines, or
19 non-human primates;
20 (4) the frequency and duration of such re-
21 search; and
22 (5) the protocols in place to ensure the neces-
23 sity, safety, and efficacy of the research; and
24 (d) Not later than 180 days after the date of the en-
25 actment of this Act, and biannually thereafter, the Sec-
December 21, 2020 (12:59 p.m.)

1230
1 retary shall submit to such Committees a report describ-
2 ing—
3 (1) any research being conducted by the De-
4 partment of Veterans Affairs using canines, felines,
5 or non-human primates as of the date of the sub-
6 mittal of the report;
7 (2) the circumstances under which such re-
8 search was conducted using canines, felines, or non-
9 human primates;
10 (3) the justification for using canines, felines,
11 or non-human primates to conduct such research;
12 and
13 (4) the protocols in place to ensure the neces-
14 sity, safety, and efficacy of such research.
15 (e) Not later than December 31, 2021, the Secretary
16 shall submit to such Committees an updated plan under
17 which the Secretary will eliminate or reduce the research
18 conducted using canines, felines, or non-human primates
19 by not later than 5 years after the date of enactment of
21 SEC. 248. (a) The Secretary of Veterans Affairs may
22 use amounts appropriated or otherwise made available in
23 this title to ensure that the ratio of veterans to full-time
24 employment equivalents within any program of rehabilita-
25 tion conducted under chapter 31 of title 38, United States
December 21, 2020 (12:59 p.m.)

1231
1 Code, does not exceed 125 veterans to one full-time em-
2 ployment equivalent.
3 (b) Not later than 180 days after the date of the en-
4 actment of this Act, the Secretary shall submit to Con-
5 gress a report on the programs of rehabilitation conducted
6 under chapter 31 of title 38, United States Code, includ-
7 ing—
8 (1) an assessment of the veteran-to-staff ratio
9 for each such program; and
10 (2) recommendations for such action as the
11 Secretary considers necessary to reduce the veteran-
12 to-staff ratio for each such program.
14 Act may be used by the Secretary of Veterans Affairs to
15 close the community based outpatient clinic located in
16 Bainbridge, New York, until the Secretary of Veterans Af-
17 fairs submits to the Committees on Appropriations of the
18 House of Representatives and the Senate a market area
19 assessment.
20 SEC. 250. Amounts made available for the ‘‘Veterans
21 Health Administration, Medical Community Care’’ ac-
22 count in this or any other Act for fiscal years 2021 and
23 2022 may be used for expenses that would otherwise be
24 payable from the Veterans Choice Fund established by
December 21, 2020 (12:59 p.m.)

1232
1 section 802 of the Veterans Access, Choice, and Account-
2 ability Act, as amended (38 U.S.C. 1701 note).
3 SEC. 251. Obligations and expenditures applicable to
4 the ‘‘Medical Services’’ account in fiscal years 2017
5 through 2019 for aid to state homes (as authorized by
6 section 1741 of title 38, United States Code) shall remain
7 in the ‘‘Medical Community Care’’ account for such fiscal
8 years.
9 SEC. 252. Of the amounts made available for the De-
10 partment of Veterans Affairs for fiscal year 2021, in this
11 or any other Act, under the ‘‘Veterans Health Administra-
12 tion—Medical Services’’, ‘‘Veterans Health Administra-
13 tion—Medical Community Care’’, ‘‘Veterans Health Ad-
14 ministration—Medical Support and Compliance’’, and
15 ‘‘Veterans Health Administration—Medical Facilities’’ ac-
16 counts, $660,691,000 shall be made available for gender-
17 specific care for women.
18 SEC. 253 (a) PLAN REQUIRED.—Not later than 90
19 days after the date of the enactment of this Act, the Sec-
20 retary of Veterans Affairs shall submit to the appropriate
21 committees of Congress a plan to reduce the chances that
22 clinical mistakes by employees of the Department of Vet-
23 erans Affairs will result in adverse events that require in-
24 stitutional or clinical disclosures and to prevent any un-
December 21, 2020 (12:59 p.m.)

1233
1 necessary hardship for patients and families impacted by
2 such adverse events.
3 (b) ELEMENTS.—The plan required by subsection (a)
4 shall include the following:
5 (1) A description of a process for the timely
6 identification of individuals impacted by disclosures
7 described in subsection (a) and the process for con-
8 tacting those individuals or their next of kin.
9 (2) A description of procedures for expediting
10 any remedial or follow-up care required for those in-
11 dividuals.
12 (3) A detailed outline of proposed changes to
13 the process of the Department for clinical quality
14 checks and oversight.
15 (4) A communication plan to ensure all facili-
16 ties of the Department are made aware of any re-
17 quirements updated pursuant to the plan.
18 (5) A timeline detailing the implementation of
19 the plan.
20 (6) An identification of the senior executive of
21 the Department responsible for ensuring compliance
22 with the plan.
23 (7) An identification of potential impacts of the
24 plan on timely diagnoses for patients.
December 21, 2020 (12:59 p.m.)

1234
1 (8) An identification of the processes and proce-
2 dures for employees of the Department to make
3 leadership at the facility and the Department aware
4 of adverse events that are concerning and that result
5 in disclosures and to ensure that the medical impact
6 on veterans of such disclosures is minimized.
7 (c) APPROPRIATE COMMITTEES OF CONGRESS DE-
8 FINED.—In this section, the term ‘‘appropriate commit-
9 tees of Congress’’ means—
10 (1) the Committee on Veterans’ Affairs and the
11 Subcommittee on Military Construction, Veterans
12 Affairs, and Related Agencies of the Committee on
13 Appropriations of the Senate; and
14 (2) the Committee on Veterans’ Affairs and the
15 Subcommittee on Military Construction, Veterans
16 Affairs, and Related Agencies of the Committee on
17 Appropriations of the House of Representatives.

20 the Department of Veterans Affairs from prior appropria-
21 tions Acts, the following funds are hereby rescinded from
22 the following accounts in the amounts specified:
23 ‘‘Veterans Benefits Administration, General Op-
24 erating Expenses, Veterans Benefits Administra-
25 tion’’, $16,000,000;
December 21, 2020 (12:59 p.m.)

1235
1 ‘‘Veterans Health Administration, Medical
2 Services’’, $100,000,000;
3 ‘‘Veterans Health Administration, Medical Sup-
4 port and Compliance’’, $15,000,000;
5 ‘‘Veterans Health Administration, Medical and
6 Prosthetic Research’’, $20,000,000;
7 ‘‘Departmental Administration, General Admin-
8 istration’’, $12,000,000;
9 ‘‘Departmental Administration, Information
10 Technology Systems’’, $37,500,000;
11 ‘‘Departmental Administration, Veterans Elec-
12 tronic Health Record’’, $20,000,000; and
13 ‘‘Departmental Administration, Construction,
14 Minor Projects’’, $35,700,000:
15 Provided, That no amounts may be rescinded from
16 amounts that were designated by the Congress as an
17 emergency requirement pursuant to a concurrent resolu-
18 tion on the budget or the Balanced Budget and Emer-
December 21, 2020 (12:59 p.m.)

1236
1 TITLE III
2 RELATED AGENCIES
3 AMERICAN BATTLE MONUMENTS COMMISSION

6 of the American Battle Monuments Commission, including
7 the acquisition of land or interest in land in foreign coun-
8 tries; purchases and repair of uniforms for caretakers of
9 national cemeteries and monuments outside of the United
10 States and its territories and possessions; rent of office
11 and garage space in foreign countries; purchase (one-for-
12 one replacement basis only) and hire of passenger motor
13 vehicles; not to exceed $15,000 for official reception and
14 representation expenses; and insurance of official motor
15 vehicles in foreign countries, when required by law of such
16 countries, $84,100,000, to remain available until ex-
17 pended.
18 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

20 of the American Battle Monuments Commission, such
21 sums as may be necessary, to remain available until ex-
22 pended, for purposes authorized by section 2109 of title
December 21, 2020 (12:59 p.m.)

1237
1 UNITED STATES COURT OF APPEALS FOR VETERANS
2 CLAIMS
4 For necessary expenses for the operation of the

5 United States Court of Appeals for Veterans Claims as
6 authorized by sections 7251 through 7298 of title 38,
7 United States Code, $37,100,000: Provided, That
8 $3,286,509 shall be available for the purpose of providing
9 financial assistance as described and in accordance with
10 the process and reporting procedures set forth under this
11 heading in Public Law 102–229.
12 DEPARTMENT OF DEFENSE—CIVIL
13 CEMETERIAL EXPENSES, ARMY
15 For necessary expenses for maintenance, operation,

16 and improvement of Arlington National Cemetery and Sol-
17 diers’ and Airmen’s Home National Cemetery, including
18 the purchase or lease of passenger motor vehicles for re-
19 placement on a one-for-one basis only, and not to exceed
21 $81,815,000, of which not to exceed $15,000,000 shall re-
22 main available until September 30, 2023. In addition,
23 such sums as may be necessary for parking maintenance,
24 repairs and replacement, to be derived from the ‘‘Lease
December 21, 2020 (12:59 p.m.)

1238
1 of Department of Defense Real Property for Defense
2 Agencies’’ account.
3 ARMED FORCES RETIREMENT HOME
4 TRUST FUND
5 For expenses necessary for the Armed Forces Retire-

6 ment Home to operate and maintain the Armed Forces
7 Retirement Home—Washington, District of Columbia,
8 and the Armed Forces Retirement Home—Gulfport, Mis-
9 sissippi, to be paid from funds available in the Armed
10 Forces Retirement Home Trust Fund, $75,300,000, to re-
11 main available until September 30, 2022, of which
12 $9,000,000 shall remain available until expended for con-
13 struction and renovation of the physical plants at the
14 Armed Forces Retirement Home—Washington, District of
15 Columbia, and the Armed Forces Retirement Home—
16 Gulfport, Mississippi: Provided, That of the amounts made
17 available under this heading from funds available in the
18 Armed Forces Retirement Home Trust Fund,
19 $22,000,000 shall be paid from the general fund of the
20 Treasury to the Trust Fund.
22 SEC. 301. Amounts deposited into the special account
23 established under 10 U.S.C. 7727 are appropriated and
24 shall be available until expended to support activities at
25 the Army National Military Cemeteries.
December 21, 2020 (12:59 p.m.)

1239
1 TITLE IV
2 OVERSEAS CONTINGENCY OPERATIONS
4 MILITARY CONSTRUCTION, ARMY
5 For an additional amount for ‘‘Military Construction,
6 Army’’, $16,111,000, to remain available until September
7 30, 2025, for projects outside of the United States: Pro-
8 vided, That such amount is designated by the Congress
9 for Overseas Contingency Operations/Global War on Ter-
10 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
12 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
14 Navy and Marine Corps’’, $70,020,000, to remain avail-
15 able until September 30, 2025, for projects outside of the
16 United States: Provided, That such amount is designated
17 by the Congress for Overseas Contingency Operations/
21 MILITARY CONSTRUCTION, AIR FORCE
23 Air Force’’ $263,869,000, to remain available until Sep-
24 tember 30, 2025, for projects outside of the United States:
December 21, 2020 (12:59 p.m.)

1240
5 SEC. 401. None of the funds appropriated for mili-
6 tary construction projects outside the United States under
7 this title may be obligated or expended for planning and
8 design of any project associated with the European Deter-
9 rence Initiative until the Secretary of Defense develops
10 and submits to the congressional defense committees, in
11 a classified and unclassified format, a list of all of the mili-
12 tary construction projects associated with the European
13 Deterrence Initiative which the Secretary anticipates will
14 be carried out during each of the fiscal years 2022
15 through 2026.
December 21, 2020 (12:59 p.m.)

1241
1 TITLE V
7 Act may be used for any program, project, or activity,
8 when it is made known to the Federal entity or official
9 to which the funds are made available that the program,
10 project, or activity is not in compliance with any Federal
11 law relating to risk assessment, the protection of private
12 property rights, or unfunded mandates.
13 SEC. 503. All departments and agencies funded under
14 this Act are encouraged, within the limits of the existing
15 statutory authorities and funding, to expand their use of
16 ‘‘E-Commerce’’ technologies and procedures in the con-
17 duct of their business practices and public service activi-
18 ties.
19 SEC. 504. Unless stated otherwise, all reports and no-
20 tifications required by this Act shall be submitted to the
21 Subcommittee on Military Construction and Veterans Af-
22 fairs, and Related Agencies of the Committee on Appro-
23 priations of the House of Representatives and the Sub-
24 committee on Military Construction and Veterans Affairs,
December 21, 2020 (12:59 p.m.)

1242
1 and Related Agencies of the Committee on Appropriations
2 of the Senate.
5 strumentality of the United States Government except
7 vided in, this or any other appropriations Act.
9 Act may be used for a project or program named for an
10 individual serving as a Member, Delegate, or Resident
11 Commissioner of the United States House of Representa-
12 tives.
14 able in this Act, shall, subject to subsections (b) and (c),
15 post on the public Web site of that agency any report re-
16 quired to be submitted by the Congress in this or any
22 (2) the report contains confidential or propri-
23 etary information.
December 21, 2020 (12:59 p.m.)

1243
12 Act may be used by an agency of the executive branch
13 to pay for first-class travel by an employee of the agency
14 in contravention of sections 301–10.122 through 301–
17 Act may be used to execute a contract for goods or serv-
18 ices, including construction services, where the contractor
19 has not complied with Executive Order No. 12989.
21 Act may be used in contravention of section 101(e)(8) of
22 title 10, United States Code.
23 SEC. 512. (a) IN GENERAL.—None of the funds ap-
24 propriated or otherwise made available to the Department
25 of Defense in this Act may be used to construct, renovate,
December 21, 2020 (12:59 p.m.)

1244
1 or expand any facility in the United States, its territories,
2 or possessions to house any individual detained at United
3 States Naval Station, Guantánamo Bay, Cuba, for the
4 purposes of detention or imprisonment in the custody or
5 under the control of the Department of Defense.
8 Station, Guantánamo Bay, Cuba.
11 States Naval Station, Guantánamo Bay, Cuba, and who—
14 and
15 (2) is—
19 States Naval Station, Guantánamo Bay, Cuba.
20 SEC. 513. Title X of division B of the Coronavirus
21 Aid, Relief, and Economic Security Act (Public Law 116–
22 136) is amended under the heading ‘‘Department of Vet-
23 erans Affairs—Departmental Administration—Grants for
24 Construction of State Extended Care Facilities’’ by strik-
25 ing ‘‘including to modify or alter existing hospital, nursing
December 21, 2020 (12:59 p.m.)

1245
1 home, and domiciliary facilities in State homes: Provided,’’
2 and inserting in lieu thereof the following: ‘‘which shall
3 be for modifying or altering existing hospital, nursing
4 home, and domiciliary facilities in State homes or for pre-
5 viously awarded projects, for covering construction cost in-
6 creases due to the coronavirus: Provided, That the Sec-
7 retary shall conduct a new competition or competitions to
8 award grants to States using funds provided under this
9 heading in this Act: Provided further, That such grants
10 may be made to reimburse States for the costs of modifica-
11 tions or alterations that have been initiated or completed
12 before an application for a grant under this section is ap-
13 proved by the Secretary: Provided further, That such
14 grants may be made to assist States with covering in-
15 creased construction and construction administration
16 costs as a result of the coronavirus that will or have oc-
17 curred on previously awarded projects: Provided further,
18 That the use of funds provided under this heading in this
19 Act shall not be subject to state matching fund require-
20 ments, application requirements, cost thresholds, priority
21 lists, deadlines, award dates under sections 8134 and
22 8135 of title 38, United States Code, and part 59 of chap-
23 ter I of title 38, Code of Federal Regulations, and shall
24 not be subject to requirements of section 501(d) of title
25 38, United States Code: Provided further, That the Sec-
December 21, 2020 (12:59 p.m.)

1246
1 retary may establish and adjust rolling deadlines for appli-
2 cations for such grants and may issue multiple rounds of
3 application periods for the award of such grants under this
4 section: Provided further,’’: Provided, That amounts
5 repurposed pursuant to this section that were previously
7 pursuant to the Balanced Budget and Emergency Deficit
8 Control Act of 1985 are designated by the Congress as
13 the Department of Veterans Affairs from title X of divi-
14 sion B of the Coronavirus Aid, Relief, and Economic Secu-
15 rity Act (Public Law 116–136) for ‘‘Veterans Health Ad-
16 ministration, Medical Services’’, funds may be transferred
17 to the following accounts in the amounts specified:
18 ‘‘General Operating Expenses, Veterans Bene-
19 fits Administration’’, up to $140,000,000;
20 ‘‘National Cemetery Administration’’, up to
21 $26,000,000; and
22 ‘‘Departmental Administration, Board of Vet-
23 erans Appeals’’, up to $1,000,000:
24 Provided, That the transferred funds shall be used for per-
25 sonnel costs and other expenses to prevent, prepare for,
December 21, 2020 (12:59 p.m.)

1247
1 and respond to coronavirus, domestically or internation-
2 ally, including the elimination of backlogs that may have
3 occurred: Provided further, That the transferred funds
4 shall be in addition to any other funds made available for
5 this purpose: Provided further, That the transferred funds
6 may not be used to increase the number of full-time equiv-
7 alent positions: Provided further, That the amounts trans-
8 ferred in this section that were previously designated by
11 of 1985 are designated by the Congress as an emergency
14 1985.
19 ministration, Medical Services’’, funds may be transferred
20 to the following accounts in the amounts specified:
21 ‘‘General Operating Expenses, Veterans Bene-
22 fits Administration’’, up to $198,000,000; and
23 ‘‘Departmental Administration, Information
24 Technology Systems’’, up to $45,000,000:
December 21, 2020 (12:59 p.m.)

1248
1 Provided, That the transferred funds shall be used to pre-
3 or internationally, to improve the Veterans Benefits Ad-
4 ministration’s education systems, including implementa-
5 tion of changes to chapters 30 through 36 of part III of
6 title 38, United States Code in the Harry W. Colmery Vet-
7 erans Educational Assistance Act of 2017 (Public Law
8 115–48), in a bill to authorize the Secretary of Veterans
9 Affairs to treat certain programs of education converted
10 to distance learning by reason of emergencies and health-
11 related situations in the same manner as programs of edu-
12 cation pursued at educational institutions, and for other
13 purposes (Public Law 116–128), and in the Student Vet-
14 eran Coronavirus Response Act of 2020 (Public Law 116–
15 140): Provided further, That funds transferred to ‘‘De-
16 partmental Administration, Information Technology Sys-
17 tems’’ pursuant to this section shall be transferred to the
18 information technology systems development subaccount:
19 Provided further, That the transferred funds shall be in
20 addition to any other funds made available for this pur-
21 pose: Provided further, That the amounts transferred in
22 this section that were previously designated by the Con-
23 gress as an emergency requirement pursuant to the Bal-
25 are designated by the Congress as an emergency require-
December 21, 2020 (12:59 p.m.)

1249
1 ment pursuant to section 251(b)(2)(A)(i) of the Balanced
3 SEC. 516. Section 20013(b) of the Coronavirus Aid,
4 Relief, and Economic Security Act (Public Law 116–136)
5 is amended—
6 (1) by redesignating paragraphs (1) and (2) as
7 subparagraphs (A) and (B), respectively;
8 (2) in the matter preceding subparagraph (A),
9 as so redesignated, by inserting ‘‘(1)’’ before ‘‘In the
10 case’’; and
11 (3) by adding at the end the following: ‘‘(2) If
12 the Secretary waives any limit on grant amounts or
13 rates for per diem payments under paragraph (1),
14 notwithstanding section 2012(a)(2)(B) of such title,
15 the maximum rate for per diem payments described
16 in paragraph (1)(B) shall be three times the rate au-
17 thorized for State homes for domiciliary care under
18 section 1741 of such title.’’:
19 Provided, That amounts repurposed pursuant to this sec-
20 tion that were previously designated by the Congress as
21 an emergency requirement pursuant to the Balanced
22 Budget and Emergency Deficit Control Act of 1985 are
23 designated by the Congress as being for an emergency re-
December 21, 2020 (12:59 p.m.)

1250
5 ministration, Medical Services’’, up to $100,000,000 may
6 be transferred to ‘‘Veterans Health Administration, Med-
7 ical Community Care’’: Provided, That funds transferred
8 pursuant to this section shall be used to provide a one-
9 time emergency payment to existing State Extended Care
10 Facilities for Veterans to prevent, prepare for, and re-
11 spond to coronavirus: Provided further, That such pay-
12 ments shall be in proportion to each State’s share of the
13 total resident capacity in such facilities as of the date of
14 enactment of this Act where such capacity includes only
15 veterans on whose behalf the Department pays a per diem
16 payment pursuant to 38 U.S.C. 1741 or 1745: Provided
17 further, That the amounts transferred in this section that
18 were previously designated by the Congress as an emer-
19 gency requirement pursuant to the Balanced Budget and
20 Emergency Deficit Control Act of 1985 are designated by
December 21, 2020 (12:59 p.m.)

1251
1 This division may be cited as the ‘‘Military Construc-
2 tion, Veterans Affairs, and Related Agencies Appropria-
3 tions Act, 2021’’.
December 21, 2020 (12:59 p.m.)

1252
1 DIVISION K—DEPARTMENT OF STATE,
2 FOREIGN OPERATIONS, AND RELATED
3 PROGRAMS APPROPRIATIONS ACT,
4 2021
5 TITLE I
6 DEPARTMENT OF STATE AND RELATED
7 AGENCY
8 DEPARTMENT OF STATE
9 ADMINISTRATION OF FOREIGN AFFAIRS
10 DIPLOMATIC PROGRAMS
11 For necessary expenses of the Department of State

12 and the Foreign Service not otherwise provided for,
13 $9,170,013,000, of which $757,367,000 may remain avail-
14 able until September 30, 2022, and of which up to
15 $4,120,899,000 may remain available until expended for
16 Worldwide Security Protection: Provided, That of the
17 amount made available under this heading for Worldwide
18 Security Protection, $2,226,122,000 is designated by the
22 of 1985: Provided further, That funds made available
23 under this heading shall be allocated in accordance with
24 paragraphs (1) through (4) as follows:
December 21, 2020 (12:59 p.m.)

1253
1 (1) HUMAN RESOURCES.—For necessary ex-
2 penses for training, human resources management,
3 and salaries, including employment without regard
4 to civil service and classification laws of persons on
5 a temporary basis (not to exceed $700,000), as au-
6 thorized by section 801 of the United States Infor-
7 mation and Educational Exchange Act of 1948 (62
8 Stat. 11; Chapter 36), $2,990,820,000, of which up
9 to $534,782,000 is for Worldwide Security Protec-
10 tion.
11 (2) OVERSEAS PROGRAMS.—For necessary ex-
12 penses for the regional bureaus of the Department
13 of State and overseas activities as authorized by law,
14 $1,808,415,000.
15 (3) DIPLOMATIC POLICY AND SUPPORT.—For
16 necessary expenses for the functional bureaus of the

17 Department of State, including representation to
18 certain international organizations in which the
19 United States participates pursuant to treaties rati-
20 fied pursuant to the advice and consent of the Sen-
21 ate or specific Acts of Congress, general administra-
22 tion, and arms control, nonproliferation, and disar-
23 mament activities as authorized, $763,428,000.
24 (4) SECURITY PROGRAMS.—For necessary ex-
25 penses for security activities, $3,607,350,000, of
December 21, 2020 (12:59 p.m.)

1254
1 which up to $3,586,117,000 is for Worldwide Secu-
2 rity Protection.
3 (5) FEES AND PAYMENTS COLLECTED.—In ad-
4 dition to amounts otherwise made available under
5 this heading—
6 (A) as authorized by section 810 of the
7 United States Information and Educational Ex-
8 change Act, not to exceed $5,000,000, to re-
9 main available until expended, may be credited
10 to this appropriation from fees or other pay-
11 ments received from English teaching, library,
12 motion pictures, and publication programs and
13 from fees from educational advising and coun-
14 seling and exchange visitor programs; and
15 (B) not to exceed $15,000, which shall be
16 derived from reimbursements, surcharges, and
17 fees for use of Blair House facilities.
18 (6) TRANSFER OF FUNDS, REPROGRAMMING,
19 AND OTHER MATTERS.—
20 (A) Notwithstanding any other provision of

21 this Act, funds may be reprogrammed within
22 and between paragraphs (1) through (4) under
23 this heading subject to section 7015 of this Act.
24 (B) Of the amount made available under
25 this heading for Worldwide Security Protection,
December 21, 2020 (12:59 p.m.)

1255
1 not to exceed $50,000,000 may be transferred
2 to, and merged with, funds made available by
3 this Act under the heading ‘‘Emergencies in the
4 Diplomatic and Consular Service’’, to be avail-
5 able only for emergency evacuations and re-
6 wards, as authorized: Provided, That the exer-
7 cise of the authority provided by this subpara-
8 graph shall be subject to prior consultation with
9 the Committees on Appropriations.
10 (C) Funds appropriated under this heading
11 are available for acquisition by exchange or pur-
12 chase of passenger motor vehicles as authorized
13 by law and, pursuant to section 1108(g) of title
14 31, United States Code, for the field examina-
15 tion of programs and activities in the United
16 States funded from any account contained in
17 this title.
18 CAPITAL INVESTMENT FUND
19 For necessary expenses of the Capital Investment

20 Fund, as authorized, $250,000,000, to remain available
21 until expended.

24 General, $90,829,000, of which $13,624,000 may remain
25 available until September 30, 2022: Provided, That funds
December 21, 2020 (12:59 p.m.)

1256
1 appropriated under this heading are made available not-
2 withstanding section 209(a)(1) of the Foreign Service Act
3 of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post in-
4 spections.
5 In addition, for the Special Inspector General for Af-
6 ghanistan Reconstruction (SIGAR) for reconstruction
7 oversight, $54,900,000, to remain available until Sep-
8 tember 30, 2022, which is designated by the Congress for
9 Overseas Contingency Operations/Global War on Ter-
11 anced Budget and Emergency Deficit Control Act of 1985:
13 that are made available for the printing and reproduction
14 costs of SIGAR shall not exceed amounts for such costs
15 during the prior fiscal year.
16 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
17 For necessary expenses of educational and cultural

18 exchange programs, as authorized, $740,300,000, to re-
19 main available until expended, of which not less than
20 $274,000,000 shall be for the Fulbright Program and not
21 less than $113,860,000 shall be for Citizen Exchange Pro-
22 gram: Provided, That fees or other payments received
23 from, or in connection with, English teaching, educational
24 advising and counseling programs, and exchange visitor
25 programs as authorized may be credited to this account,
December 21, 2020 (12:59 p.m.)

1257
1 to remain available until expended: Provided further, That
2 a portion of the Fulbright awards from the Eurasia and
3 Central Asia regions shall be designated as Edmund S.
4 Muskie Fellowships, following consultation with the Com-
5 mittees on Appropriations: Provided further, That funds
6 appropriated under this heading that are made available
7 for the Benjamin Gilman International Scholarships Pro-
8 gram shall also be made available for the John S. McCain
9 Scholars Program, pursuant to section 7075 of the De-
10 partment of State, Foreign Operations, and Related Pro-
11 grams Appropriations Act, 2019 (division F of Public Law
12 116–6): Provided further, That funds appropriated under
13 this heading shall be made available for the Community
14 Engagement Exchange Program as described under the
15 heading ‘‘Civil Society Exchange Program’’ in Senate Re-
16 port 116–126: Provided further, That any substantive
17 modifications from the prior fiscal year to programs fund-
18 ed by this Act under this heading shall be subject to prior
19 consultation with, and the regular notification procedures
20 of, the Committees on Appropriations.
21 REPRESENTATION EXPENSES
22 For representation expenses as authorized,

23 $7,415,000.
December 21, 2020 (12:59 p.m.)

1258
1 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
2 For necessary expenses, not otherwise provided, to

3 enable the Secretary of State to provide for extraordinary
4 protective services, as authorized, $30,890,000, to remain
6 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
7 For necessary expenses for carrying out the Foreign

8 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.),
9 preserving, maintaining, repairing, and planning for real
10 property that are owned or leased by the Department of
11 State, and renovating, in addition to funds otherwise avail-
12 able, the Harry S Truman Building, $769,055,000, to re-
13 main available until September 30, 2025, of which not to
14 exceed $25,000 may be used for overseas representation
15 expenses as authorized: Provided, That none of the funds
16 appropriated in this paragraph shall be available for acqui-
17 sition of furniture, furnishings, or generators for other de-
18 partments and agencies of the United States Government.
19 In addition, for the costs of worldwide security up-
20 grades, acquisition, and construction as authorized,
22 which $824,287,000 is designated by the Congress for
23 Overseas Contingency Operations/Global War on Ter-
December 21, 2020 (12:59 p.m.)

1259
1 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR
2 SERVICE
3 For necessary expenses to enable the Secretary of

4 State to meet unforeseen emergencies arising in the Diplo-
5 matic and Consular Service, as authorized, $7,885,000, to
6 remain available until expended, of which not to exceed
7 $1,000,000 may be transferred to, and merged with, funds
8 appropriated by this Act under the heading ‘‘Repatriation
9 Loans Program Account’’.
10 REPATRIATION LOANS PROGRAM ACCOUNT
11 For the cost of direct loans, $2,500,000, as author-

12 ized: Provided, That such costs, including the cost of
13 modifying such loans, shall be as defined in section 502
14 of the Congressional Budget Act of 1974: Provided fur-
15 ther, That such funds are available to subsidize gross obli-
16 gations for the principal amount of direct loans not to ex-
17 ceed $6,311,992.
18 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
19 For necessary expenses to carry out the Taiwan Rela-

20 tions Act (Public Law 96–8), $31,963,000.
21 INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF
22 COLUMBIA
23 Not to exceed $1,806,600 shall be derived from fees

24 collected from other executive agencies for lease or use of
25 facilities at the International Center in accordance with
December 21, 2020 (12:59 p.m.)

1260
1 section 4 of the International Center Act (Public Law 90–
2 553), and, in addition, as authorized by section 5 of such
3 Act, $2,743,000, to be derived from the reserve authorized
4 by such section, to be used for the purposes set out in
5 that section.
6 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND
7 DISABILITY FUND
8 For payment to the Foreign Service Retirement and

9 Disability Fund, as authorized, $158,900,000.
10 INTERNATIONAL ORGANIZATIONS
11 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

13 to meet annual obligations of membership in international
14 multilateral organizations, pursuant to treaties ratified
15 pursuant to the advice and consent of the Senate, conven-
16 tions, or specific Acts of Congress, $1,505,928,000, of
17 which $96,240,000, to remain available until September
18 30, 2022, is designated by the Congress for Overseas Con-
21 Emergency Deficit Control Act of 1985: Provided, That
22 the Secretary of State shall, at the time of the submission
23 of the President’s budget to Congress under section
24 1105(a) of title 31, United States Code, transmit to the
25 Committees on Appropriations the most recent biennial
December 21, 2020 (12:59 p.m.)

1261
1 budget prepared by the United Nations for the operations
2 of the United Nations: Provided further, That the Sec-
3 retary of State shall notify the Committees on Appropria-
4 tions at least 15 days in advance (or in an emergency,
5 as far in advance as is practicable) of any United Nations
6 action to increase funding for any United Nations pro-
7 gram without identifying an offsetting decrease elsewhere
8 in the United Nations budget: Provided further, That any
9 payment of arrearages under this heading shall be directed
10 to activities that are mutually agreed upon by the United
11 States and the respective international organization and
12 shall be subject to the regular notification procedures of
13 the Committees on Appropriations: Provided further, That
14 none of the funds appropriated under this heading shall
15 be available for a United States contribution to an inter-
16 national organization for the United States share of inter-
17 est costs made known to the United States Government
18 by such organization for loans incurred on or after Octo-
19 ber 1, 1984, through external borrowings.
20 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING
21 ACTIVITIES
22 For necessary expenses to pay assessed and other ex-

23 penses of international peacekeeping activities directed to
24 the maintenance or restoration of international peace and
25 security, $1,456,314,000, of which $705,994,000 is des-
December 21, 2020 (12:59 p.m.)

1262
4 Deficit Control Act of 1985: Provided, That of the funds
5 made available under this heading, up to $818,542,000
6 may remain available until September 30, 2022: Provided
7 further, That none of the funds made available by this Act
8 shall be obligated or expended for any new or expanded
9 United Nations peacekeeping mission unless, at least 15
10 days in advance of voting for such mission in the United
11 Nations Security Council (or in an emergency as far in
12 advance as is practicable), the Committees on Appropria-
13 tions are notified of: (1) the estimated cost and duration
14 of the mission, the objectives of the mission, the national
15 interest that will be served, and the exit strategy; and (2)
16 the sources of funds, including any reprogrammings or
17 transfers, that will be used to pay the cost of the new or
18 expanded mission, and the estimated cost in future fiscal
19 years: Provided further, That none of the funds appro-
20 priated under this heading may be made available for obli-
21 gation unless the Secretary of State certifies and reports
22 to the Committees on Appropriations on a peacekeeping
23 mission-by-mission basis that the United Nations is imple-
24 menting effective policies and procedures to prevent
25 United Nations employees, contractor personnel, and
December 21, 2020 (12:59 p.m.)

1263
1 peacekeeping troops serving in such mission from traf-
2 ficking in persons, exploiting victims of trafficking, or
3 committing acts of sexual exploitation and abuse or other
4 violations of human rights, and to hold accountable indi-
5 viduals who engage in such acts while participating in
6 such mission, including prosecution in their home coun-
7 tries and making information about such prosecutions
8 publicly available on the website of the United Nations:
9 Provided further, That the Secretary of State shall work
10 with the United Nations and foreign governments contrib-
11 uting peacekeeping troops to implement effective vetting
12 procedures to ensure that such troops have not violated
13 human rights: Provided further, That funds shall be avail-
14 able for peacekeeping expenses unless the Secretary of
15 State determines that United States manufacturers and
16 suppliers are not being given opportunities to provide
17 equipment, services, and material for United Nations
18 peacekeeping activities equal to those being given to for-
19 eign manufacturers and suppliers: Provided further, That
20 none of the funds appropriated or otherwise made avail-
21 able under this heading may be used for any United Na-
22 tions peacekeeping mission that will involve United States
23 Armed Forces under the command or operational control
24 of a foreign national, unless the President’s military advi-
25 sors have submitted to the President a recommendation
December 21, 2020 (12:59 p.m.)

1264
1 that such involvement is in the national interest of the
2 United States and the President has submitted to Con-
3 gress such a recommendation: Provided further, That any
4 payment of arrearages with funds appropriated by this Act
5 shall be subject to the regular notification procedures of
7 INTERNATIONAL COMMISSIONS
9 to meet obligations of the United States arising under
10 treaties, or specific Acts of Congress, as follows:
11 INTERNATIONAL BOUNDARY AND WATER COMMISSION,
12 UNITED STATES AND MEXICO
13 For necessary expenses for the United States Section

14 of the International Boundary and Water Commission,
15 United States and Mexico, and to comply with laws appli-
16 cable to the United States Section, including not to exceed
17 $6,000 for representation expenses; as follows:
19 For salaries and expenses, not otherwise provided for,

20 $49,770,000, of which $7,466,000 may remain available
22 CONSTRUCTION
23 For detailed plan preparation and construction of au-

24 thorized projects, $49,000,000, to remain available until
25 expended, as authorized: Provided, That of the funds ap-
December 21, 2020 (12:59 p.m.)

1265
1 propriated under this heading in this Act and prior Acts
2 making appropriations for the Department of State, for-
3 eign operations, and related programs for the United
4 States Section, except for funds designated by the Con-
6 Terrorism or as an emergency requirement pursuant to
7 a concurrent resolution on the budget or the Balanced
8 Budget and Emergency Deficit Control Act of 1985, up
9 to $5,000,000 may be transferred to, and merged with,
10 funds appropriated under the heading ‘‘Salaries and Ex-
11 penses’’ to carry out the purposes of the United States
12 Section, which shall be subject to prior consultation with,
13 and the regular notification procedures of, the Committees
14 on Appropriations: Provided further, That such transfer
15 authority is in addition to any other transfer authority
16 provided in this Act.
17 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
18 For necessary expenses, not otherwise provided, for

19 the International Joint Commission and the International
20 Boundary Commission, United States and Canada, as au-
21 thorized by treaties between the United States and Can-
22 ada or Great Britain, and for technical assistance grants
23 and the Community Assistance Program of the North
24 American Development Bank, $15,008,000: Provided,
25 That of the amount provided under this heading for the
December 21, 2020 (12:59 p.m.)

1266
1 International Joint Commission, up to $1,250,000 may re-
2 main available until September 30, 2022, and up to
3 $9,000 may be made available for representation expenses:
4 Provided further, That of the amount provided under this
5 heading for the International Boundary Commission, up
6 to $1,000 may be made available for representation ex-
7 penses.
8 INTERNATIONAL FISHERIES COMMISSIONS
9 For necessary expenses for international fisheries

10 commissions, not otherwise provided for, as authorized by
11 law, $62,846,000: Provided, That the United States share
12 of such expenses may be advanced to the respective com-
13 missions pursuant to section 3324 of title 31, United
14 States Code.
15 RELATED AGENCY
16 UNITED STATES AGENCY FOR GLOBAL MEDIA
17 INTERNATIONAL BROADCASTING OPERATIONS
18 For necessary expenses to enable the United States

19 Agency for Global Media (USAGM), as authorized, to
20 carry out international communication activities, and to
21 make and supervise grants for radio, Internet, and tele-
22 vision broadcasting to the Middle East, $793,257,000:
23 Provided, That in addition to amounts otherwise available
24 for such purposes, up to $40,708,000 of the amount ap-
25 propriated under this heading may remain available until
December 21, 2020 (12:59 p.m.)

1267
1 expended for satellite transmissions and Internet freedom
2 programs, of which not less than $20,000,000 shall be for
3 Internet freedom programs: Provided further, That of the
4 total amount appropriated under this heading, not to ex-
5 ceed $35,000 may be used for representation expenses, of
6 which $10,000 may be used for such expenses within the
7 United States as authorized, and not to exceed $30,000
8 may be used for representation expenses of Radio Free
9 Europe/Radio Liberty: Provided further, That funds ap-
10 propriated under this heading shall be allocated in accord-
11 ance with the table included under this heading in the ex-
12 planatory statement described in section 4 (in the matter
13 preceding division A of this consolidated Act): Provided
14 further, That notwithstanding the previous proviso, funds
15 may be reprogrammed within and between amounts des-
16 ignated in such table, subject to the regular notification
17 procedures of the Committees on Appropriations, except
18 that no such reprogramming may reduce a designated
19 amount by more than 5 percent: Provided further, That
20 funds appropriated under this heading shall be made avail-
21 able in accordance with the principles and standards set
22 forth in section 303(a) and (b) of the United States Inter-
23 national Broadcasting Act of 1994 (22 U.S.C. 6202) and
24 section 305(b) of such Act (22 U.S.C. 6204): Provided fur-
25 ther, That the USAGM Chief Executive Officer shall no-
December 21, 2020 (12:59 p.m.)

1268
1 tify the Committees on Appropriations within 15 days of
2 any determination by the USAGM that any of its broad-
3 cast entities, including its grantee organizations, provides
4 an open platform for international terrorists or those who
5 support international terrorism, or is in violation of the
6 principles and standards set forth in section 303(a) and
7 (b) of such Act or the entity’s journalistic code of ethics:
8 Provided further, That in addition to funds made available
9 under this heading, and notwithstanding any other provi-
10 sion of law, up to $5,000,000 in receipts from advertising
11 and revenue from business ventures, up to $500,000 in
12 receipts from cooperating international organizations, and
13 up to $1,000,000 in receipts from privatization efforts of
14 the Voice of America and the International Broadcasting
15 Bureau, shall remain available until expended for carrying
16 out authorized purposes: Provided further, That signifi-
17 cant modifications to USAGM broadcast hours previously
18 justified to Congress, including changes to transmission
19 platforms (shortwave, medium wave, satellite, Internet,
20 and television), for all USAGM language services shall be
21 subject to the regular notification procedures of the Com-
22 mittees on Appropriations: Provided further, That up to
23 $7,000,000 from the USAGM Buying Power Maintenance
24 account may be transferred to, and merged with, funds
25 appropriated by this Act under the heading ‘‘International
December 21, 2020 (12:59 p.m.)

1269
1 Broadcasting Operations’’, which shall remain available
2 until expended: Provided further, That such transfer au-
3 thority is in addition to any transfer authority otherwise
4 available under any other provision of law and shall be
5 subject to prior consultation with, and the regular notifica-
6 tion procedures of, the Committees on Appropriations.
7 BROADCASTING CAPITAL IMPROVEMENTS
8 For the purchase, rent, construction, repair, preser-

9 vation, and improvement of facilities for radio, television,
10 and digital transmission and reception; the purchase, rent,
11 and installation of necessary equipment for radio, tele-
12 vision, and digital transmission and reception, including
13 to Cuba, as authorized; and physical security worldwide,
14 in addition to amounts otherwise available for such pur-
15 poses, $9,700,000, to remain available until expended, as
16 authorized.
17 RELATED PROGRAMS
18 THE ASIA FOUNDATION
19 For a grant to The Asia Foundation, as authorized
20 by The Asia Foundation Act (22 U.S.C. 4402),
22 vided, That funds appropriated under this heading shall
23 be apportioned and obligated to the Foundation not later
24 than 60 days after enactment of this Act.
December 21, 2020 (12:59 p.m.)

1270
1 UNITED STATES INSTITUTE OF PEACE
2 For necessary expenses of the United States Institute
3 of Peace, as authorized by the United States Institute of
4 Peace Act (22 U.S.C. 4601 et seq.), $45,000,000, to re-
5 main available until September 30, 2022, which shall not
6 be used for construction activities.
7 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE
8 TRUST FUND
9 For necessary expenses of the Center for Middle
10 Eastern-Western Dialogue Trust Fund, as authorized by
11 section 633 of the Departments of Commerce, Justice, and
12 State, the Judiciary, and Related Agencies Appropriations
13 Act, 2004 (22 U.S.C. 2078), the total amount of the inter-
14 est and earnings accruing to such Fund on or before Sep-
15 tember 30, 2021, to remain available until expended.
16 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
17 For necessary expenses of Eisenhower Exchange Fel-
18 lowships, Incorporated, as authorized by sections 4 and
19 5 of the Eisenhower Exchange Fellowship Act of 1990 (20
20 U.S.C. 5204–5205), all interest and earnings accruing to
21 the Eisenhower Exchange Fellowship Program Trust
22 Fund on or before September 30, 2021, to remain avail-
23 able until expended: Provided, That none of the funds ap-
24 propriated herein shall be used to pay any salary or other
25 compensation, or to enter into any contract providing for
December 21, 2020 (12:59 p.m.)

1271
1 the payment thereof, in excess of the rate authorized by
2 section 5376 of title 5, United States Code; or for pur-
3 poses which are not in accordance with section 200 of title
4 2 of the Code of Federal Regulations, including the re-
5 strictions on compensation for personal services.
6 ISRAELI ARAB SCHOLARSHIP PROGRAM
7 For necessary expenses of the Israeli Arab Scholar-
8 ship Program, as authorized by section 214 of the Foreign
9 Relations Authorization Act, Fiscal Years 1992 and 1993
10 (22 U.S.C. 2452 note), all interest and earnings accruing
11 to the Israeli Arab Scholarship Fund on or before Sep-
12 tember 30, 2021, to remain available until expended.
13 EAST-WEST CENTER
14 To enable the Secretary of State to provide for car-
15 rying out the provisions of the Center for Cultural and
16 Technical Interchange Between East and West Act of
17 1960, by grant to the Center for Cultural and Technical
18 Interchange Between East and West in the State of Ha-
19 waii, $19,700,000: Provided, That funds appropriated
20 under this heading shall be apportioned and obligated to
21 the Center not later than 60 days after enactment of this
22 Act.
23 NATIONAL ENDOWMENT FOR DEMOCRACY
24 For grants made by the Department of State to the
25 National Endowment for Democracy, as authorized by the
December 21, 2020 (12:59 p.m.)

1272
1 National Endowment for Democracy Act (22 U.S.C.
2 4412), $300,000,000, to remain available until expended,
3 of which $195,840,000 shall be allocated in the traditional
4 and customary manner, including for the core institutes,
5 and $104,160,000 shall be for democracy programs: Pro-
6 vided, That the requirements of section 7061(a) of this
7 Act shall not apply to funds made available under this
8 heading: Provided further, That funds appropriated under
9 this heading shall be apportioned and obligated to the En-
10 dowment not later than 60 days after enactment of this
11 Act.
12 OTHER COMMISSIONS
13 COMMISSION FOR THE PRESERVATION OF AMERICA’S
14 HERITAGE ABROAD
16 For necessary expenses for the Commission for the

17 Preservation of America’s Heritage Abroad, $642,000, as
18 authorized by chapter 3123 of title 54, United States
19 Code: Provided, That the Commission may procure tem-
20 porary, intermittent, and other services notwithstanding
21 paragraph (3) of section 312304(b) of such chapter: Pro-
22 vided further, That such authority shall terminate on Oc-
23 tober 1, 2021: Provided further, That the Commission
24 shall notify the Committees on Appropriations prior to ex-
25 ercising such authority.
December 21, 2020 (12:59 p.m.)

1273
1 UNITED STATES COMMISSION ON INTERNATIONAL
2 RELIGIOUS FREEDOM
4 For necessary expenses for the United States Com-

5 mission on International Religious Freedom, as authorized
6 by title II of the International Religious Freedom Act of
7 1998 (22 U.S.C. 6431 et seq.), $4,500,000, to remain
8 available until September 30, 2022, including not more
9 than $4,000 for representation expenses.
10 COMMISSION ON SECURITY AND COOPERATION IN
11 EUROPE
13 For necessary expenses of the Commission on Secu-

14 rity and Cooperation in Europe, as authorized by Public
15 Law 94–304 (22 U.S.C. 3001 et seq.), $2,908,000, includ-
16 ing not more than $4,000 for representation expenses, to
18 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE
19 PEOPLE’S REPUBLIC OF CHINA

21 For necessary expenses of the Congressional-Execu-

22 tive Commission on the People’s Republic of China, as au-
23 thorized by title III of the U.S.-China Relations Act of
24 2000 (22 U.S.C. 6911 et seq.), $2,250,000, including not
December 21, 2020 (12:59 p.m.)

1274
1 more than $3,000 for representation expenses, to remain
3 UNITED STATES-CHINA ECONOMIC AND SECURITY
4 REVIEW COMMISSION
6 For necessary expenses of the United States-China

7 Economic and Security Review Commission, as authorized
8 by section 1238 of the Floyd D. Spence National Defense
9 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002),
10 $4,000,000, including not more than $4,000 for represen-
11 tation expenses, to remain available until September 30,
12 2022: Provided, That the authorities, requirements, limi-
13 tations, and conditions contained in the second through
14 sixth provisos under this heading in the Department of
15 State, Foreign Operations, and Related Programs Appro-
16 priations Act, 2010 (division F of Public Law 111–117)
17 shall continue in effect during fiscal year 2021 and shall
18 apply to funds appropriated under this heading.
December 21, 2020 (12:59 p.m.)

1275
1 TITLE II
2 UNITED STATES AGENCY FOR INTERNATIONAL
3 DEVELOPMENT

7 of section 667 of the Foreign Assistance Act of 1961,
8 $1,377,747,000, of which up to $206,662,000 may remain
9 available until September 30, 2022: Provided, That none
10 of the funds appropriated under this heading and under
11 the heading ‘‘Capital Investment Fund’’ in this title may
12 be made available to finance the construction (including
13 architect and engineering services), purchase, or long-term
14 lease of offices for use by the United States Agency for
15 International Development, unless the USAID Adminis-
16 trator has identified such proposed use of funds in a re-
17 port submitted to the Committees on Appropriations at
18 least 15 days prior to the obligation of funds for such pur-
19 poses: Provided further, That contracts or agreements en-
20 tered into with funds appropriated under this heading may
21 entail commitments for the expenditure of such funds
22 through the following fiscal year: Provided further, That
23 the authority of sections 610 and 109 of the Foreign As-
24 sistance Act of 1961 may be exercised by the Secretary
25 of State to transfer funds appropriated to carry out chap-
December 21, 2020 (12:59 p.m.)

1276
1 ter 1 of part I of such Act to ‘‘Operating Expenses’’ in
2 accordance with the provisions of those sections: Provided
3 further, That of the funds appropriated or made available
4 under this heading, not to exceed $250,000 may be avail-
5 able for representation and entertainment expenses, of
6 which not to exceed $5,000 may be available for entertain-
7 ment expenses, and not to exceed $100,500 shall be for
8 official residence expenses, for USAID during the current
9 fiscal year: Provided further, That the USAID Adminis-
10 trator shall submit a report to the Committees on Appro-
11 priations not later than 60 days after enactment of this
12 Act on changes to the account structure as described in
14 matter preceding division A of this consolidated Act).
15 CAPITAL INVESTMENT FUND
16 For necessary expenses for overseas construction and

17 related costs, and for the procurement and enhancement
18 of information technology and related capital investments,
19 pursuant to section 667 of the Foreign Assistance Act of
20 1961, $258,200,000, to remain available until expended:
21 Provided, That this amount is in addition to funds other-
22 wise available for such purposes: Provided further, That
23 funds appropriated under this heading shall be available
25 mittees on Appropriations.
December 21, 2020 (12:59 p.m.)

1277

4 $75,500,000, of which up to $11,325,000 may remain
5 available until September 30, 2022, for the Office of In-
6 spector General of the United States Agency for Inter-
7 national Development.
December 21, 2020 (12:59 p.m.)

1278
1 TITLE III
2 BILATERAL ECONOMIC ASSISTANCE
4 For necessary expenses to enable the President to
5 carry out the provisions of the Foreign Assistance Act of
6 1961, and for other purposes, as follows:
7 GLOBAL HEALTH PROGRAMS

9 of chapters 1 and 10 of part I of the Foreign Assistance
10 Act of 1961, for global health activities, in addition to
11 funds otherwise available for such purposes,
13 2022, and which shall be apportioned directly to the
14 United States Agency for International Development not
15 later than 60 days after enactment of this Act: Provided,
16 That this amount shall be made available for training,
17 equipment, and technical assistance to build the capacity
18 of public health institutions and organizations in devel-
19 oping countries, and for such activities as: (1) child sur-
20 vival and maternal health programs; (2) immunization and
21 oral rehydration programs; (3) other health, nutrition,
22 water and sanitation programs which directly address the
23 needs of mothers and children, and related education pro-
24 grams; (4) assistance for children displaced or orphaned
25 by causes other than AIDS; (5) programs for the preven-
December 21, 2020 (12:59 p.m.)

1279
1 tion, treatment, control of, and research on HIV/AIDS,
2 tuberculosis, polio, malaria, and other infectious diseases
3 including neglected tropical diseases, and for assistance to
4 communities severely affected by HIV/AIDS, including
5 children infected or affected by AIDS; (6) disaster pre-
6 paredness training for health crises; (7) programs to pre-
7 vent, prepare for, and respond to, unanticipated and
8 emerging global health threats, including zoonotic dis-
9 eases; and (8) family planning/reproductive health: Pro-
10 vided further, That funds appropriated under this para-
11 graph may be made available for a United States contribu-
12 tion to The GAVI Alliance: Provided further, That none
13 of the funds made available in this Act nor any unobli-
14 gated balances from prior appropriations Acts may be
15 made available to any organization or program which, as
16 determined by the President of the United States, sup-
17 ports or participates in the management of a program of
18 coercive abortion or involuntary sterilization: Provided fur-
19 ther, That any determination made under the previous
20 proviso must be made not later than 6 months after the
21 date of enactment of this Act, and must be accompanied
22 by the evidence and criteria utilized to make the deter-
23 mination: Provided further, That none of the funds made
24 available under this Act may be used to pay for the per-
25 formance of abortion as a method of family planning or
December 21, 2020 (12:59 p.m.)

1280
1 to motivate or coerce any person to practice abortions:
2 Provided further, That nothing in this paragraph shall be
3 construed to alter any existing statutory prohibitions
4 against abortion under section 104 of the Foreign Assist-
5 ance Act of 1961: Provided further, That none of the funds
6 made available under this Act may be used to lobby for
7 or against abortion: Provided further, That in order to re-
8 duce reliance on abortion in developing nations, funds
9 shall be available only to voluntary family planning
10 projects which offer, either directly or through referral to,
11 or information about access to, a broad range of family
12 planning methods and services, and that any such vol-
13 untary family planning project shall meet the following re-
14 quirements: (1) service providers or referral agents in the
15 project shall not implement or be subject to quotas, or
16 other numerical targets, of total number of births, number
17 of family planning acceptors, or acceptors of a particular
18 method of family planning (this provision shall not be con-
19 strued to include the use of quantitative estimates or indi-
20 cators for budgeting and planning purposes); (2) the
21 project shall not include payment of incentives, bribes,
22 gratuities, or financial reward to: (A) an individual in ex-
23 change for becoming a family planning acceptor; or (B)
24 program personnel for achieving a numerical target or
25 quota of total number of births, number of family planning
December 21, 2020 (12:59 p.m.)

1281
1 acceptors, or acceptors of a particular method of family
2 planning; (3) the project shall not deny any right or ben-
3 efit, including the right of access to participate in any pro-
4 gram of general welfare or the right of access to health
5 care, as a consequence of any individual’s decision not to
6 accept family planning services; (4) the project shall pro-
7 vide family planning acceptors comprehensible information
8 on the health benefits and risks of the method chosen, in-
9 cluding those conditions that might render the use of the
10 method inadvisable and those adverse side effects known
11 to be consequent to the use of the method; and (5) the
12 project shall ensure that experimental contraceptive drugs
13 and devices and medical procedures are provided only in
14 the context of a scientific study in which participants are
15 advised of potential risks and benefits; and, not less than
16 60 days after the date on which the USAID Administrator
17 determines that there has been a violation of the require-
18 ments contained in paragraph (1), (2), (3), or (5) of this
19 proviso, or a pattern or practice of violations of the re-
20 quirements contained in paragraph (4) of this proviso, the
21 Administrator shall submit to the Committees on Appro-
22 priations a report containing a description of such viola-
23 tion and the corrective action taken by the Agency: Pro-
24 vided further, That in awarding grants for natural family
25 planning under section 104 of the Foreign Assistance Act
December 21, 2020 (12:59 p.m.)

1282
1 of 1961 no applicant shall be discriminated against be-
2 cause of such applicant’s religious or conscientious com-
3 mitment to offer only natural family planning; and, addi-
4 tionally, all such applicants shall comply with the require-
5 ments of the previous proviso: Provided further, That for
6 purposes of this or any other Act authorizing or appro-
7 priating funds for the Department of State, foreign oper-
8 ations, and related programs, the term ‘‘motivate’’, as it
9 relates to family planning assistance, shall not be con-
10 strued to prohibit the provision, consistent with local law,
11 of information or counseling about all pregnancy options:
12 Provided further, That information provided about the use
13 of condoms as part of projects or activities that are funded
14 from amounts appropriated by this Act shall be medically
15 accurate and shall include the public health benefits and
16 failure rates of such use.
17 In addition, for necessary expenses to carry out the
18 provisions of the Foreign Assistance Act of 1961 for the
19 prevention, treatment, and control of, and research on,
20 HIV/AIDS, $5,930,000,000, to remain available until
21 September 30, 2025, which shall be apportioned directly
22 to the Department of State not later than 60 days after
23 enactment of this Act: Provided, That funds appropriated
24 under this paragraph may be made available, notwith-
25 standing any other provision of law, except for the United
December 21, 2020 (12:59 p.m.)

1283
1 States Leadership Against HIV/AIDS, Tuberculosis, and
2 Malaria Act of 2003 (Public Law 108–25), for a United
3 States contribution to the Global Fund to Fight AIDS,
4 Tuberculosis and Malaria (Global Fund): Provided further,
5 That the amount of such contribution shall be
6 $1,560,000,000 and shall be for the second installment
7 of the sixth replenishment: Provided further, That up to
8 5 percent of the aggregate amount of funds made available
9 to the Global Fund in fiscal year 2021 may be made avail-
10 able to USAID for technical assistance related to the ac-
11 tivities of the Global Fund, subject to the regular notifica-
12 tion procedures of the Committees on Appropriations: Pro-
13 vided further, That of the funds appropriated under this
14 paragraph, up to $17,000,000 may be made available, in
15 addition to amounts otherwise available for such purposes,
16 for administrative expenses of the Office of the United
17 States Global AIDS Coordinator.
18 DEVELOPMENT ASSISTANCE

20 of sections 103, 105, 106, 214, and sections 251 through
21 255, and chapter 10 of part I of the Foreign Assistance
22 Act of 1961, $3,500,000,000, to remain available until
23 September 30, 2022: Provided, That funds made available
24 under this heading shall be apportioned directly to the
December 21, 2020 (12:59 p.m.)

1284
1 United States Agency for International Development not
2 later than 60 days after enactment of this Act.
3 INTERNATIONAL DISASTER ASSISTANCE

5 of section 491 of the Foreign Assistance Act of 1961 for
6 international disaster relief, rehabilitation, and recon-
7 struction assistance, $4,395,362,000, to remain available
8 until expended, of which $1,914,041,000 is designated by
12 of 1985: Provided, That funds made available under this
13 heading shall be apportioned to the United States Agency
14 for International Development not later than 60 days after
16 TRANSITION INITIATIVES
17 For necessary expenses for international disaster re-

18 habilitation and reconstruction assistance administered by
19 the Office of Transition Initiatives, United States Agency
20 for International Development, pursuant to section 491 of
21 the Foreign Assistance Act of 1961, and to support transi-
22 tion to democracy and long-term development of countries
23 in crisis, $92,043,000, to remain available until expended:
24 Provided, That such support may include assistance to de-
25 velop, strengthen, or preserve democratic institutions and
December 21, 2020 (12:59 p.m.)

1285
1 processes, revitalize basic infrastructure, and foster the
2 peaceful resolution of conflict: Provided further, That the
3 USAID Administrator shall submit a report to the Com-
4 mittees on Appropriations at least 5 days prior to begin-
5 ning a new, or terminating a, program of assistance: Pro-
6 vided further, That if the Secretary of State determines
7 that it is important to the national interest of the United
8 States to provide transition assistance in excess of the
9 amount appropriated under this heading, up to
10 $15,000,000 of the funds appropriated by this Act to
11 carry out the provisions of part I of the Foreign Assist-
12 ance Act of 1961 may be used for purposes of this heading
13 and under the authorities applicable to funds appropriated
14 under this heading: Provided further, That funds made
15 available pursuant to the previous proviso shall be made
16 available subject to prior consultation with the Committees
17 on Appropriations.
18 COMPLEX CRISES FUND

20 of section 509(b) of the Global Fragility Act of 2019 (title
21 V of division J of Public Law 116–94), $30,000,000, to
22 remain available until expended: Provided, That funds ap-
23 propriated under this heading may be made available not-
24 withstanding any other provision of law, except sections
25 7007, 7008, and 7018 of this Act and section 620M of
December 21, 2020 (12:59 p.m.)

1286
1 the Foreign Assistance Act of 1961: Provided further,
2 That funds appropriated under this heading shall be ap-
3 portioned to the United States Agency for International
4 Development not later than 60 days after enactment of
5 this Act.
6 ECONOMIC SUPPORT FUND

8 of chapter 4 of part II of the Foreign Assistance Act of
9 1961, $3,151,963,000, to remain available until Sep-
10 tember 30, 2022.
11 DEMOCRACY FUND

13 of the Foreign Assistance Act of 1961 for the promotion
14 of democracy globally, including to carry out the purposes
15 of section 502(b)(3) and (5) of Public Law 98–164 (22
16 U.S.C. 4411), $190,450,000, to remain available until
17 September 30, 2022, which shall be made available for the
18 Human Rights and Democracy Fund of the Bureau of De-
19 mocracy, Human Rights, and Labor, Department of
20 State, and shall be apportioned to such Bureau not later
21 than 60 days after enactment of this Act: Provided, That
22 funds appropriated under this heading that are made
23 available to the National Endowment for Democracy and
24 its core institutes are in addition to amounts otherwise
25 available by this Act for such purposes: Provided further,
December 21, 2020 (12:59 p.m.)

1287
1 That the Assistant Secretary for Democracy, Human
2 Rights, and Labor, Department of State, shall consult
3 with the Committees on Appropriations prior to the initial
4 obligation of funds appropriated under this paragraph.
5 For an additional amount for such purposes,
7 2022, which shall be made available for the Bureau for
8 Development, Democracy, and Innovation, United States
9 Agency for International Development, and shall be appor-
10 tioned to such Bureau not later than 60 days after enact-
11 ment of this Act.
12 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

14 of the Foreign Assistance Act of 1961, the FREEDOM
15 Support Act (Public Law 102–511), and the Support for
16 Eastern European Democracy (SEED) Act of 1989 (Pub-
17 lic Law 101–179), $770,334,000, to remain available until
18 September 30, 2022, which shall be available, notwith-
19 standing any other provision of law, except section 7047
20 of this Act, for assistance and related programs for coun-
21 tries identified in section 3 of the FREEDOM Support
22 Act (22 U.S.C. 5801) and section 3(c) of the SEED Act
23 of 1989 (22 U.S.C. 5402), in addition to funds otherwise
24 available for such purposes: Provided, That funds appro-
25 priated by this Act under the headings ‘‘Global Health
December 21, 2020 (12:59 p.m.)

1288
1 Programs’’, ‘‘Economic Support Fund’’, and ‘‘Inter-
2 national Narcotics Control and Law Enforcement’’ that
3 are made available for assistance for such countries shall
4 be administered in accordance with the responsibilities of
5 the coordinator designated pursuant to section 102 of the
6 FREEDOM Support Act and section 601 of the SEED
7 Act of 1989: Provided further, That funds appropriated
8 under this heading shall be considered to be economic as-
9 sistance under the Foreign Assistance Act of 1961 for
10 purposes of making available the administrative authori-
11 ties contained in that Act for the use of economic assist-
12 ance: Provided further, That funds appropriated under
13 this heading may be made available for contributions to
14 multilateral initiatives to counter hybrid threats: Provided
15 further, That any notification of funds made available
16 under this heading in this Act or prior Acts making appro-
17 priations for the Department of State, foreign operations,
18 and related programs shall include information (if known
19 on the date of transmittal of such notification) on the use
20 of notwithstanding authority: Provided further, That if
21 subsequent to the notification of assistance it becomes nec-
22 essary to rely on notwithstanding authority, the Commit-
23 tees on Appropriations should be informed at the earliest
24 opportunity and to the extent practicable: Provided fur-
25 ther, That of the funds appropriated under this heading,
December 21, 2020 (12:59 p.m.)

1289
1 not less than $2,000,000, to remain available until ex-
2 pended, shall be transferred to, and merged with, funds
3 appropriated by this Act under the heading ‘‘Economic
4 Support Fund’’ for joint dialogues in support of the East-
5 ern Mediterranean Partnership in the manner specified
6 under this heading in House Report 116–444: Provided
7 further, That such funds shall be administered by, and
8 under the policy direction of, the coordinator designated
9 pursuant to section 102 of the FREEDOM Support Act
10 and section 601 of the SEED Act of 1989.
12 MIGRATION AND REFUGEE ASSISTANCE
13 For necessary expenses not otherwise provided for,

14 to enable the Secretary of State to carry out the provisions
15 of section 2(a) and (b) of the Migration and Refugee As-
16 sistance Act of 1962 (22 U.S.C. 2601), and other activi-
17 ties to meet refugee and migration needs; salaries and ex-
18 penses of personnel and dependents as authorized by the
19 Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.);
20 allowances as authorized by sections 5921 through 5925
21 of title 5, United States Code; purchase and hire of pas-
22 senger motor vehicles; and services as authorized by sec-
23 tion 3109 of title 5, United States Code, $3,432,000,000,
24 to remain available until expended, of which:
25 $1,701,417,000 is designated by the Congress for Over-
December 21, 2020 (12:59 p.m.)

1290
3 Budget and Emergency Deficit Control Act of 1985; not
4 less than $35,000,000 shall be made available to respond
5 to small-scale emergency humanitarian requirements; and
6 $5,000,000 shall be made available for refugees resettling
7 in Israel.
8 UNITED STATES EMERGENCY REFUGEE AND MIGRATION
9 ASSISTANCE FUND

11 of section 2(c) of the Migration and Refugee Assistance
12 Act of 1962 (22 U.S.C. 2601(c)), $100,000, to remain
13 available until expended: Provided, That amounts in ex-
14 cess of the limitation contained in paragraph (2) of such
15 section shall be transferred to, and merged with, funds
16 made available by this Act under the heading ‘‘Migration
17 and Refugee Assistance’’.
19 PEACE CORPS

22 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including
23 the purchase of not to exceed five passenger motor vehicles
24 for administrative purposes for use outside of the United
25 States, $410,500,000, of which $6,330,000 is for the Of-
December 21, 2020 (12:59 p.m.)

1291
1 fice of Inspector General, to remain available until Sep-
2 tember 30, 2022: Provided, That the Director of the Peace
3 Corps may transfer to the Foreign Currency Fluctuations
4 Account, as authorized by section 16 of the Peace Corps
5 Act (22 U.S.C. 2515), an amount not to exceed
6 $5,000,000: Provided further, That funds transferred pur-
7 suant to the previous proviso may not be derived from
8 amounts made available for Peace Corps overseas oper-
9 ations: Provided further, That of the funds appropriated
11 able for representation expenses, of which not to exceed
12 $4,000 may be made available for entertainment expenses:
13 Provided further, That in addition to the requirements
14 under section 7015(a) of this Act, the Peace Corps shall
15 consult with the Committees on Appropriations prior to
16 any decision to open, close, or suspend a domestic or over-
17 seas office or a country program unless there is a substan-
18 tial risk to volunteers or other Peace Corps personnel: Pro-
19 vided further, That none of the funds appropriated under
20 this heading shall be used to pay for abortions: Provided
21 further, That notwithstanding the previous proviso, section
22 614 of division E of Public Law 113–76 shall apply to
23 funds appropriated under this heading.
December 21, 2020 (12:59 p.m.)

1292
1 MILLENNIUM CHALLENGE CORPORATION

3 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701
4 et seq.) (MCA), $912,000,000, to remain available until
5 expended: Provided, That of the funds appropriated under
6 this heading, up to $112,000,000 may be available for ad-
7 ministrative expenses of the Millennium Challenge Cor-
8 poration: Provided further, That section 605(e) of the
9 MCA (22 U.S.C. 7704(e)) shall apply to funds appro-
10 priated under this heading: Provided further, That funds
11 appropriated under this heading may be made available
12 for a Millennium Challenge Compact entered into pursu-
13 ant to section 609 of the MCA (22 U.S.C. 7708) only if
14 such Compact obligates, or contains a commitment to obli-
15 gate subject to the availability of funds and the mutual
16 agreement of the parties to the Compact to proceed, the
17 entire amount of the United States Government funding
18 anticipated for the duration of the Compact: Provided fur-
19 ther, That no country should be eligible for a threshold
20 program after such country has completed a country com-
21 pact: Provided further, That of the funds appropriated
23 able for representation and entertainment expenses, of
24 which not to exceed $5,000 may be available for entertain-
25 ment expenses.
December 21, 2020 (12:59 p.m.)

1293
1 INTER-AMERICAN FOUNDATION
2 For necessary expenses to carry out the functions of

3 the Inter-American Foundation in accordance with the
4 provisions of section 401 of the Foreign Assistance Act
5 of 1969, $38,000,000, to remain available until September
6 30, 2022: Provided, That of the funds appropriated under
7 this heading, not to exceed $2,000 may be available for
8 representation expenses.
9 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
10 For necessary expenses to carry out the African De-

11 velopment Foundation Act (title V of Public Law 96–533;
12 22 U.S.C. 290h et seq.), $33,000,000, to remain available
13 until September 30, 2022, of which not to exceed $2,000
14 may be available for representation expenses: Provided,
15 That funds made available to grantees may be invested
16 pending expenditure for project purposes when authorized
17 by the Board of Directors of the United States African
18 Development Foundation (USADF): Provided further,
19 That interest earned shall be used only for the purposes
20 for which the grant was made: Provided further, That not-
21 withstanding section 505(a)(2) of the African Develop-
22 ment Foundation Act (22 U.S.C. 290h–3(a)(2)), in excep-
23 tional circumstances the Board of Directors of the
24 USADF may waive the $250,000 limitation contained in
25 that section with respect to a project and a project may
December 21, 2020 (12:59 p.m.)

1294
1 exceed the limitation by up to 10 percent if the increase
2 is due solely to foreign currency fluctuation: Provided fur-
3 ther, That the USADF shall submit a report to the appro-
4 priate congressional committees after each time such waiv-
5 er authority is exercised: Provided further, That the
6 USADF may make rent or lease payments in advance
7 from appropriations available for such purpose for offices,
8 buildings, grounds, and quarters in Africa as may be nec-
9 essary to carry out its functions: Provided further, That
10 the USADF may maintain bank accounts outside the
11 United States Treasury and retain any interest earned on
12 such accounts, in furtherance of the purposes of the Afri-
13 can Development Foundation Act: Provided further, That
14 the USADF may not withdraw any appropriation from the
15 Treasury prior to the need of spending such funds for pro-
16 gram purposes.
18 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

22 not more than $6,600,000 may be used for administrative
23 expenses: Provided, That amounts made available under
24 this heading may be made available to contract for services
25 as described in section 129(d)(3)(A) of the Foreign Assist-
December 21, 2020 (12:59 p.m.)

1295
1 ance Act of 1961, without regard to the location in which
2 such services are performed.
3 DEBT RESTRUCTURING
4 For the costs, as defined in section 502 of the Con-

5 gressional Budget Act of 1974, of modifying loans and
6 loan guarantees, as the President may determine, for
7 which funds have been appropriated or otherwise made
8 available for programs within the International Affairs
9 Budget Function 150, including the cost of selling, reduc-
10 ing, or canceling amounts owed to the United States as
11 a result of concessional loans made to eligible countries,
12 pursuant to part V of the Foreign Assistance Act of 1961,
14 2023.
15 In addition, for the costs, as defined in section 502
16 of the Congressional Budget Act of 1974, of modifying
17 loans and loan guarantees for Somalia or credits extended
18 to Somalia, as the President may determine, including the
19 cost of selling, reducing, or cancelling amounts owed to
20 the United States, in the event that Somalia has met the
21 domestic and internationally-agreed conditions and such
22 modification is consistent with United States law and for-
23 eign policy considerations, $78,000,000, to remain avail-
24 able until expended, which may be used notwithstanding
25 any other provision of law: Provided, That funds made
December 21, 2020 (12:59 p.m.)

1296
1 available by this paragraph shall be subject to prior con-
2 sultation with the appropriate congressional committees
3 and subject to the regular notification procedures of the
4 Committees on Appropriations.
5 In addition, for the costs, as defined in section 502
6 of the Congressional Budget Act of 1974, of modifying
7 loans and loan guarantees for or credits extended to
8 Sudan, $111,000,000, to remain available until expended,
9 which may be used notwithstanding any other provision
10 of law, in the event Sudan meets the domestic and inter-
11 nationally agreed conditions and the modifications are
12 consistent with United States law and foreign policy con-
13 siderations.
December 21, 2020 (12:59 p.m.)

1297
1 TITLE IV
2 INTERNATIONAL SECURITY ASSISTANCE
4 INTERNATIONAL NARCOTICS CONTROL AND LAW
5 ENFORCEMENT

7 the Foreign Assistance Act of 1961, $1,385,573,000, to
9 That the Department of State may use the authority of
10 section 608 of the Foreign Assistance Act of 1961, with-
11 out regard to its restrictions, to receive excess property
12 from an agency of the United States Government for the
13 purpose of providing such property to a foreign country
14 or international organization under chapter 8 of part I of
15 such Act, subject to the regular notification procedures of
16 the Committees on Appropriations: Provided further, That
17 section 482(b) of the Foreign Assistance Act of 1961 shall
18 not apply to funds appropriated under this heading, except
19 that any funds made available notwithstanding such sec-
20 tion shall be subject to the regular notification procedures
21 of the Committees on Appropriations: Provided further,
22 That funds appropriated under this heading shall be made
23 available to support training and technical assistance for
24 foreign law enforcement, corrections, judges, and other ju-
25 dicial authorities, utilizing regional partners: Provided fur-
December 21, 2020 (12:59 p.m.)

1298
1 ther, That funds made available under this heading that
2 are transferred to another department, agency, or instru-
3 mentality of the United States Government pursuant to
4 section 632(b) of the Foreign Assistance Act of 1961 val-
5 ued in excess of $5,000,000, and any agreement made
6 pursuant to section 632(a) of such Act, shall be subject
7 to the regular notification procedures of the Committees
8 on Appropriations: Provided further, That funds made
9 available under this heading for Program Development
10 and Support may be made available notwithstanding pre-
11 obligation requirements contained in this Act, except for
12 the notification requirements of section 7015.
13 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
14 RELATED PROGRAMS
15 For necessary expenses for nonproliferation, anti-ter-

16 rorism, demining and related programs and activities,
18 2022, to carry out the provisions of chapter 8 of part II
19 of the Foreign Assistance Act of 1961 for anti-terrorism
20 assistance, chapter 9 of part II of the Foreign Assistance
21 Act of 1961, section 504 of the FREEDOM Support Act
22 (22 U.S.C. 5854), section 23 of the Arms Export Control
23 Act (22 U.S.C. 2763), or the Foreign Assistance Act of
24 1961 for demining activities, the clearance of unexploded
25 ordnance, the destruction of small arms, and related ac-
December 21, 2020 (12:59 p.m.)

1299
1 tivities, notwithstanding any other provision of law, includ-
2 ing activities implemented through nongovernmental and
3 international organizations, and section 301 of the For-
4 eign Assistance Act of 1961 for a United States contribu-
5 tion to the Comprehensive Nuclear Test Ban Treaty Pre-
6 paratory Commission, and for a voluntary contribution to
7 the International Atomic Energy Agency (IAEA): Pro-
8 vided, That funds made available under this heading for
9 the Nonproliferation and Disarmament Fund shall be
10 made available, notwithstanding any other provision of law
11 and subject to prior consultation with, and the regular no-
12 tification procedures of, the Committees on Appropria-
13 tions, to promote bilateral and multilateral activities relat-
14 ing to nonproliferation, disarmament, and weapons de-
15 struction, and shall remain available until expended: Pro-
16 vided further, That such funds may also be used for such
17 countries other than the Independent States of the former
18 Soviet Union and international organizations when it is
19 in the national security interest of the United States to
20 do so: Provided further, That funds appropriated under
21 this heading may be made available for the IAEA unless
22 the Secretary of State determines that Israel is being de-
23 nied its right to participate in the activities of that Agen-
24 cy: Provided further, That funds made available for con-
25 ventional weapons destruction programs, including
December 21, 2020 (12:59 p.m.)

1300
1 demining and related activities, in addition to funds other-
2 wise available for such purposes, may be used for adminis-
3 trative expenses related to the operation and management
4 of such programs and activities, subject to the regular no-
5 tification procedures of the Committees on Appropria-
6 tions.
7 PEACEKEEPING OPERATIONS

10 $440,759,000, of which $325,213,000, to remain available
11 until September 30, 2022, is designated by the Congress
16 may be used, notwithstanding section 660 of the Foreign
17 Assistance Act of 1961, to provide assistance to enhance
18 the capacity of foreign civilian security forces, including
19 gendarmes, to participate in peacekeeping operations: Pro-
20 vided further, That of the funds appropriated under this
21 heading, not less than $25,000,000 shall be made avail-
22 able for a United States contribution to the Multinational
23 Force and Observers mission in the Sinai and not less
24 than $71,000,000 shall be made available for the Global
25 Peace Operations Initiative: Provided further, That funds
December 21, 2020 (12:59 p.m.)

1301
1 appropriated under this heading may be made available
2 to pay assessed expenses of international peacekeeping ac-
3 tivities in Somalia under the same terms and conditions,
4 as applicable, as funds appropriated by this Act under the
5 heading ‘‘Contributions for International Peacekeeping
6 Activities’’: Provided further, That none of the funds ap-
7 propriated under this heading shall be obligated except as
8 provided through the regular notification procedures of the
11 INTERNATIONAL MILITARY EDUCATION AND TRAINING

14 $112,925,000, of which up to $56,463,000 may remain
16 civilian personnel for whom military education and train-
17 ing may be provided under this heading may include civil-
18 ians who are not members of a government whose partici-
19 pation would contribute to improved civil-military rela-
20 tions, civilian control of the military, or respect for human
21 rights: Provided further, That of the funds appropriated
22 under this heading, up to $3,000,000 may remain avail-
23 able until expended to increase the participation of women
24 in programs and activities funded under this heading, fol-
25 lowing consultation with, and the regular notification pro-
December 21, 2020 (12:59 p.m.)

1302
1 cedures of, the Committees on Appropriations: Provided
2 further, That of the funds appropriated under this head-
3 ing, not to exceed $50,000 may be available for entertain-
4 ment expenses.
5 FOREIGN MILITARY FINANCING PROGRAM
6 For necessary expenses for grants to enable the

7 President to carry out the provisions of section 23 of the
8 Arms Export Control Act (22 U.S.C. 2763),
9 $6,175,524,000, of which $576,909,000, to remain avail-
10 able until September 30, 2022, is designated by the Con-
12 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
14 Provided, That to expedite the provision of assistance to
15 foreign countries and international organizations, the Sec-
16 retary of State, following consultation with the Commit-
17 tees on Appropriations and subject to the regular notifica-
18 tion procedures of such Committees, may use the funds
19 appropriated under this heading to procure defense arti-
20 cles and services to enhance the capacity of foreign secu-
21 rity forces: Provided further, That of the funds appro-
22 priated under this heading, not less than $3,300,000,000
23 shall be available for grants only for Israel which shall
24 be disbursed within 30 days of enactment of this Act: Pro-
25 vided further, That to the extent that the Government of
December 21, 2020 (12:59 p.m.)

1303
1 Israel requests that funds be used for such purposes,
2 grants made available for Israel under this heading shall,
3 as agreed by the United States and Israel, be available
4 for advanced weapons systems, of which not less than
5 $795,300,000 shall be available for the procurement in
6 Israel of defense articles and defense services, including
7 research and development: Provided further, That funds
8 appropriated or otherwise made available under this head-
9 ing shall be nonrepayable notwithstanding any require-
10 ment in section 23 of the Arms Export Control Act: Pro-
12 ing shall be obligated upon apportionment in accordance
13 with paragraph (5)(C) of section 1501(a) of title 31,
15 None of the funds made available under this heading
16 shall be available to finance the procurement of defense
17 articles, defense services, or design and construction serv-
18 ices that are not sold by the United States Government
19 under the Arms Export Control Act unless the foreign
20 country proposing to make such procurement has first
21 signed an agreement with the United States Government
22 specifying the conditions under which such procurement
23 may be financed with such funds: Provided, That all coun-
24 try and funding level increases in allocations shall be sub-
25 mitted through the regular notification procedures of sec-
December 21, 2020 (12:59 p.m.)

1304
1 tion 7015 of this Act: Provided further, That funds made
2 available under this heading may be used, notwithstanding
3 any other provision of law, for demining, the clearance of
4 unexploded ordnance, and related activities, and may in-
5 clude activities implemented through nongovernmental
6 and international organizations: Provided further, That
7 only those countries for which assistance was justified for
8 the ‘‘Foreign Military Sales Financing Program’’ in the
9 fiscal year 1989 congressional presentation for security as-
10 sistance programs may utilize funds made available under
11 this heading for procurement of defense articles, defense
12 services, or design and construction services that are not
13 sold by the United States Government under the Arms
14 Export Control Act: Provided further, That funds appro-
15 priated under this heading shall be expended at the min-
16 imum rate necessary to make timely payment for defense
17 articles and services: Provided further, That not more than
18 $70,000,000 of the funds appropriated under this heading
19 may be obligated for necessary expenses, including the
20 purchase of passenger motor vehicles for replacement only
21 for use outside of the United States, for the general costs
22 of administering military assistance and sales, except that
23 this limitation may be exceeded only through the regular
24 notification procedures of the Committees on Appropria-
25 tions: Provided further, That of the funds made available
December 21, 2020 (12:59 p.m.)

1305
1 under this heading for general costs of administering mili-
2 tary assistance and sales, not to exceed $4,000 may be
3 available for entertainment expenses and not to exceed
4 $130,000 may be available for representation expenses:
5 Provided further, That not more than $1,137,000,000 of
6 funds realized pursuant to section 21(e)(1)(A) of the Arms
7 Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be ob-
8 ligated for expenses incurred by the Department of De-
9 fense during fiscal year 2021 pursuant to section 43(b)
10 of the Arms Export Control Act (22 U.S.C. 2792(b)), ex-
11 cept that this limitation may be exceeded only through the
12 regular notification procedures of the Committees on Ap-
13 propriations.
December 21, 2020 (12:59 p.m.)

1306
1 TITLE V
2 MULTILATERAL ASSISTANCE
4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

7 $387,500,000: Provided, That section 307(a) of the For-
8 eign Assistance Act of 1961 shall not apply to contribu-
9 tions to the United Nations Democracy Fund: Provided
10 further, That not later than 60 days after enactment of
11 this Act, such funds shall be made available for core con-
12 tributions for each entity listed in the table under this
13 heading in the explanatory statement described in section
15 Act) unless otherwise provided for in this Act, or if the
16 Secretary of State has justified to the Committees on Ap-
17 propriations the proposed uses of funds other than for
18 core contributions following prior consultation with, and
19 subject to the regular notification procedures of, such
20 Committees.
21 INTERNATIONAL FINANCIAL INSTITUTIONS
22 GLOBAL ENVIRONMENT FACILITY
23 For payment to the International Bank for Recon-

24 struction and Development as trustee for the Global Envi-
25 ronment Facility by the Secretary of the Treasury,
December 21, 2020 (12:59 p.m.)

1307
1 $139,575,000, to remain available until, and to be fully
2 disbursed not later than, September 30, 2022: Provided,
3 That of such amount, $136,563,000, which shall remain
4 available until September 30, 2021, is only available for
5 the third installment of the seventh replenishment of the
6 Global Environment Facility, and shall be obligated and
7 disbursed not later than 90 days after enactment of this
8 Act: Provided further, That the Secretary shall report to
9 the Committees on Appropriations on the status of funds
10 provided under this heading not less than quarterly until
11 fully disbursed: Provided further, That in such report the
12 Secretary shall provide a timeline for the obligation and
13 disbursement of any funds that have not yet been obli-
14 gated or disbursed.
15 CONTRIBUTION TO THE INTERNATIONAL BANK FOR
16 RECONSTRUCTION AND DEVELOPMENT
17 For payment to the International Bank for Recon-

18 struction and Development by the Secretary of the Treas-
19 ury for the United States share of the paid-in portion of
20 the increases in capital stock, $206,500,000, to remain
22 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
23 The United States Governor of the International

24 Bank for Reconstruction and Development may subscribe
25 without fiscal year limitation to the callable capital portion
December 21, 2020 (12:59 p.m.)

1308
1 of the United States share of increases in capital stock
2 in an amount not to exceed $1,421,275,728.70.
3 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT
4 ASSOCIATION
5 For payment to the International Development Asso-

6 ciation by the Secretary of the Treasury, $1,001,400,000,
8 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
9 For payment to the Asian Development Bank’s Asian

10 Development Fund by the Secretary of the Treasury,
12 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
13 For payment to the African Development Bank by

14 the Secretary of the Treasury for the United States share
15 of the paid-in portion of the increases in capital stock,
18 The United States Governor of the African Develop-

19 ment Bank may subscribe without fiscal year limitation
20 to the callable capital portion of the United States share
21 of increases in capital stock in an amount not to exceed
22 $856,174,624.
December 21, 2020 (12:59 p.m.)

1309
1 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
2 For payment to the African Development Fund by

3 the Secretary of the Treasury, $171,300,000, to remain
5 CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT
6 BANK
8 The Secretary of the Treasury may subscribe without

9 fiscal year limitation to the callable capital portion of the
10 United States share of capital stock in an amount not to
11 exceed $1,020,000,000: Provided, That such authority is
12 in addition to any other authority otherwise available in
13 this Act and under any other provision of law.
14 CONTRIBUTION TO THE INTERNATIONAL FUND FOR
15 AGRICULTURAL DEVELOPMENT
16 For payment to the International Fund for Agricul-

17 tural Development by the Secretary of the Treasury,
18 $32,500,000, to remain available until, and to be fully dis-
19 bursed not later than, September 30, 2022, for the third
20 installment of the eleventh replenishment of the Inter-
21 national Fund for Agricultural Development: Provided,
22 That the Secretary of the Treasury shall report to the
23 Committees on Appropriations on the status of such pay-
24 ment not less than quarterly until fully disbursed: Pro-
25 vided further, That in such report the Secretary shall pro-
December 21, 2020 (12:59 p.m.)

1310
1 vide a timeline for the obligation and disbursement of any
2 funds that have not yet been obligated or disbursed.
December 21, 2020 (12:59 p.m.)

1311
1 TITLE VI
2 EXPORT AND INVESTMENT ASSISTANCE
3 EXPORT-IMPORT BANK OF THE UNITED STATES
4 INSPECTOR GENERAL

7 General Act of 1978 (5 U.S.C. App.), $6,500,000, of
8 which up to $975,000 may remain available until Sep-
9 tember 30, 2022.
10 PROGRAM ACCOUNT
11 The Export-Import Bank of the United States is au-

12 thorized to make such expenditures within the limits of
13 funds and borrowing authority available to such corpora-
14 tion, and in accordance with law, and to make such con-
15 tracts and commitments without regard to fiscal year limi-
16 tations, as provided by section 9104 of title 31, United
17 States Code, as may be necessary in carrying out the pro-
18 gram for the current fiscal year for such corporation: Pro-
19 vided, That none of the funds available during the current
20 fiscal year may be used to make expenditures, contracts,
21 or commitments for the export of nuclear equipment, fuel,
22 or technology to any country, other than a nuclear-weapon
23 state as defined in Article IX of the Treaty on the Non-
24 Proliferation of Nuclear Weapons eligible to receive eco-
25 nomic or military assistance under this Act, that has deto-
December 21, 2020 (12:59 p.m.)

1312
1 nated a nuclear explosive after the date of enactment of
2 this Act.
3 ADMINISTRATIVE EXPENSES

5 and guaranteed loan and insurance programs, including
6 hire of passenger motor vehicles and services as authorized
7 by section 3109 of title 5, United States Code, and not
8 to exceed $30,000 for official reception and representation
9 expenses for members of the Board of Directors, not to
10 exceed $110,000,000, of which up to $16,500,000 may re-
12 the Export-Import Bank (the Bank) may accept, and use,
13 payment or services provided by transaction participants
14 for legal, financial, or technical services in connection with
15 any transaction for which an application for a loan, guar-
16 antee or insurance commitment has been made: Provided
17 further, That notwithstanding subsection (b) of section
18 117 of the Export Enhancement Act of 1992, subsection
19 (a) of such section shall remain in effect until September
20 30, 2021: Provided further, That the Bank shall charge
21 fees for necessary expenses (including special services per-
22 formed on a contract or fee basis, but not including other
23 personal services) in connection with the collection of mon-
24 eys owed the Bank, repossession or sale of pledged collat-
25 eral or other assets acquired by the Bank in satisfaction
December 21, 2020 (12:59 p.m.)

1313
1 of moneys owed the Bank, or the investigation or appraisal
2 of any property, or the evaluation of the legal, financial,
3 or technical aspects of any transaction for which an appli-
4 cation for a loan, guarantee or insurance commitment has
5 been made, or systems infrastructure directly supporting
6 transactions: Provided further, That in addition to other
7 funds appropriated for administrative expenses, such fees
8 shall be credited to this account for such purposes, to re-
10 RECEIPTS COLLECTED
11 Receipts collected pursuant to the Export-Import

12 Bank Act of 1945 (Public Law 79–173) and the Federal
13 Credit Reform Act of 1990, in an amount not to exceed
14 the amount appropriated herein, shall be credited as off-
15 setting collections to this account: Provided, That the
16 sums herein appropriated from the General Fund shall be
17 reduced on a dollar-for-dollar basis by such offsetting col-
18 lections so as to result in a final fiscal year appropriation
19 from the General Fund estimated at $0.
20 UNITED STATES INTERNATIONAL DEVELOPMENT
21 FINANCE CORPORATION
22 INSPECTOR GENERAL

December 21, 2020 (12:59 p.m.)

1314
1 General Act of 1978 (5 U.S.C. App.), $2,000,000, to re-
3 CORPORATE CAPITAL ACCOUNT
4 The United States International Development Fi-

5 nance Corporation (the Corporation) is authorized to
6 make such expenditures and commitments within the lim-
7 its of funds and borrowing authority available to the Cor-
8 poration, and in accordance with the law, and to make
9 such expenditures and commitments without regard to fis-
10 cal year limitations, as provided by section 9104 of title
11 31, United States Code, as may be necessary in carrying
12 out the programs for the current fiscal year for the Cor-
13 poration: Provided, That for necessary expenses of the ac-
14 tivities described in subsections (b), (c), (e), (f), and (g)
15 of section 1421 of the BUILD Act of 2018 (division F
16 of Public Law 115–254) and for administrative expenses
17 to carry out authorized activities and project-specific
18 transaction costs described in section 1434(d) of such Act,
19 $569,000,000: Provided further, That of the amount pro-
20 vided—
22 September 30, 2023, for administrative expenses to
23 carry out authorized activities (including an amount
24 for official reception and representation expenses
25 which shall not exceed $25,000) and project-specific
December 21, 2020 (12:59 p.m.)

1315
1 transaction costs as described in section 1434(k) of
2 such Act, of which $1,000,000 shall remain available
3 until September 30, 2025;
5 September 30, 2023, for the activities described in
6 subsections (b), (c), (e), (f), and (g) of section 1421
7 of the BUILD Act of 2018, except such amounts ob-
8 ligated in a fiscal year for activities described in sec-
9 tion 1421(c) of such Act shall remain available for
10 disbursement for the term of the underlying project:
11 Provided further, That if the term of the project ex-
12 tends longer than 10 fiscal years, the Chief Execu-
13 tive Officer of the Corporation shall inform the ap-
14 propriate congressional committees prior to the obli-
15 gation or disbursement of funds, as applicable: Pro-
16 vided further, That amounts made available under
17 this paragraph may be paid to the ‘‘United States
18 International Development Finance Corporation—
19 Program Account’’ for programs authorized by sub-
20 sections (b), (e), (f), and (g) of section 1421 of the
21 BUILD Act of 2018:
22 Provided further, That funds may only be obligated pursu-
23 ant to section 1421(g) of the BUILD Act of 2018 subject
24 to prior consultation with the appropriate congressional
25 committees and the regular notification procedures of the
December 21, 2020 (12:59 p.m.)

1316
1 Committees on Appropriations: Provided further, That in
2 fiscal year 2021 collections of amounts described in sec-
3 tion 1434(h) of the BUILD Act of 2018 shall be credited
4 as offsetting collections to this appropriation: Provided
5 further, That such collections collected in fiscal year 2021
6 in excess of $569,000,000 shall be credited to this account
7 and shall be available in future fiscal years only to the
8 extent provided in advance in appropriations Acts: Pro-
9 vided further, That in fiscal year 2021, if such collections
10 are less than $569,000,000, receipts collected pursuant to
11 the BUILD Act of 2018 and the Federal Credit Reform
12 Act of 1990, in an amount equal to such shortfall, shall
13 be credited as offsetting collections to this appropriation:
14 Provided further, That funds appropriated or otherwise
15 made available under this heading may not be used to pro-
16 vide any type of assistance that is otherwise prohibited
17 by any other provision of law or to provide assistance to
18 any foreign country that is otherwise prohibited by any
19 other provision of law: Provided further, That the sums
20 herein appropriated from the General Fund shall be re-
21 duced on a dollar-for-dollar basis by the offsetting collec-
22 tions described under this heading so as to result in a final
23 fiscal year appropriation from the General Fund estimated
24 at $191,000,000.
December 21, 2020 (12:59 p.m.)

1317
1 PROGRAM ACCOUNT
2 Amounts paid from ‘‘United States International De-

3 velopment Finance Corporation—Corporate Capital Ac-
4 count’’ (CCA) shall remain available until September 30,
5 2023: Provided, That up to $500,000,000 of amounts paid
6 to this account from CCA or transferred to this account
7 pursuant to section 1434(j) of the BUILD Act of 2018
8 (division F of Public Law 115–254) shall be available for
9 the costs of direct and guaranteed loans provided by the
10 Corporation pursuant to section 1421(b) of such Act: Pro-
11 vided further, That such costs, including the cost of modi-
12 fying such loans, shall be as defined in section 502 of the
13 Congressional Budget Act of 1974: Provided further, That
14 such amounts obligated in a fiscal year shall remain avail-
15 able for disbursement for the following 8 fiscal years: Pro-
16 vided further, That funds transferred to carry out the For-
17 eign Assistance Act of 1961 pursuant to section 1434(j)
18 of the BUILD Act of 2018 may remain available for obli-
19 gation for 1 additional fiscal year: Provided further, That
20 the total loan principal or guaranteed principal amount
21 shall not exceed $8,000,000,000.
22 TRADE AND DEVELOPMENT AGENCY

December 21, 2020 (12:59 p.m.)

1318
1 2022, of which no more than $19,000,000 may be used
2 for administrative expenses: Provided, That of the funds
3 appropriated under this heading, not more than $5,000
4 may be available for representation and entertainment ex-
5 penses.
December 21, 2020 (12:59 p.m.)

1319
1 TITLE VII
3 ALLOWANCES AND DIFFERENTIALS
4 SEC. 7001. Funds appropriated under title I of this

5 Act shall be available, except as otherwise provided, for
6 allowances and differentials as authorized by subchapter
7 59 of title 5, United States Code; for services as author-
8 ized by section 3109 of such title and for hire of passenger
9 transportation pursuant to section 1343(b) of title 31,
11 UNOBLIGATED BALANCES REPORT
12 SEC. 7002. Any department or agency of the United

13 States Government to which funds are appropriated or
14 otherwise made available by this Act shall provide to the
15 Committees on Appropriations a quarterly accounting of
16 cumulative unobligated balances and obligated, but unex-
17 pended, balances by program, project, and activity, and
18 Treasury Account Fund Symbol of all funds received by
19 such department or agency in fiscal year 2021 or any pre-
20 vious fiscal year, disaggregated by fiscal year: Provided,
21 That the report required by this section shall be submitted
22 not later than 30 days after the end of each fiscal quarter
23 and should specify by account the amount of funds obli-
24 gated pursuant to bilateral agreements which have not
25 been further sub-obligated.
December 21, 2020 (12:59 p.m.)

1320
1 CONSULTING SERVICES

3 under title I of this Act for any consulting service through
4 procurement contract, pursuant to section 3109 of title
5 5, United States Code, shall be limited to those contracts
6 where such expenditures are a matter of public record and
7 available for public inspection, except where otherwise pro-
8 vided under existing law, or under existing Executive order
10 DIPLOMATIC FACILITIES
11 SEC. 7004. (a) CAPITAL SECURITY COST SHARING

12 EXCEPTION.—Notwithstanding paragraph (2) of section
13 604(e) of the Secure Embassy Construction and Counter-
14 terrorism Act of 1999 (title VI of division A of H.R. 3427,
15 as enacted into law by section 1000(a)(7) of Public Law
16 106–113 and contained in appendix G of that Act), as
17 amended by section 111 of the Department of State Au-
18 thorities Act, Fiscal Year 2017 (Public Law 114–323), a
19 project to construct a facility of the United States may
20 include office space or other accommodations for members
21 of the United States Marine Corps.
22 (b) NEW DIPLOMATIC FACILITIES.—For the pur-
23 poses of calculating the fiscal year 2021 costs of providing
24 new United States diplomatic facilities in accordance with
25 section 604(e) of the Secure Embassy Construction and
December 21, 2020 (12:59 p.m.)

1321
1 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
2 Secretary of State, in consultation with the Director of
3 the Office of Management and Budget, shall determine the
4 annual program level and agency shares in a manner that
5 is proportional to the contribution of the Department of
6 State for this purpose.
7 (c) CONSULTATION AND NOTIFICATION.—Funds ap-
8 propriated by this Act and prior Acts making appropria-
9 tions for the Department of State, foreign operations, and
10 related programs, which may be made available for the
11 acquisition of property or award of construction contracts
12 for overseas United States diplomatic facilities during fis-
13 cal year 2021, shall be subject to prior consultation with,
14 and the regular notification procedures of, the Committees
15 on Appropriations: Provided, That notifications pursuant
16 to this subsection shall include the information enumer-
17 ated under the heading ‘‘Embassy Security, Construction,
18 and Maintenance’’ in House Report 116–444.
19 (d) INTERIM AND TEMPORARY FACILITIES
20 ABROAD.—
21 (1) SECURITY VULNERABILITIES.—Funds ap-
22 propriated by this Act under the heading ‘‘Embassy
23 Security, Construction, and Maintenance’’ may be
24 made available, following consultation with the ap-
25 propriate congressional committees, to address secu-
December 21, 2020 (12:59 p.m.)

1322
1 rity vulnerabilities at interim and temporary United
2 States diplomatic facilities abroad, including physical
3 security upgrades and local guard staffing, except
4 that the amount of funds made available for such
5 purposes from this Act and prior Acts making ap-
6 propriations for the Department of State, foreign
7 operations, and related programs shall be a min-
8 imum of $25,000,000.
9 (2) CONSULTATION.—Notwithstanding any
10 other provision of law, the opening, closure, or any
11 significant modification to an interim or temporary
12 United States diplomatic facility shall be subject to
13 prior consultation with the appropriate congressional
14 committees and the regular notification procedures
15 of the Committees on Appropriations, except that
16 such consultation and notification may be waived if
17 there is a security risk to personnel.
18 (e) SOFT TARGETS.—Of the funds appropriated by
19 this Act under the heading ‘‘Embassy Security, Construc-
20 tion, and Maintenance’’, not less than $10,000,000 shall
21 be made available for security upgrades to soft targets,
22 including schools, recreational facilities, and residences
23 used by United States diplomatic personnel and their de-
24 pendents.
December 21, 2020 (12:59 p.m.)

1323
1 PERSONNEL ACTIONS
2 SEC. 7005. Any costs incurred by a department or

3 agency funded under title I of this Act resulting from per-
4 sonnel actions taken in response to funding reductions in-
5 cluded in this Act shall be absorbed within the total budg-
6 etary resources available under title I to such department
7 or agency: Provided, That the authority to transfer funds
8 between appropriations accounts as may be necessary to
9 carry out this section is provided in addition to authorities
10 included elsewhere in this Act: Provided further, That use
11 of funds to carry out this section shall be treated as a
12 reprogramming of funds under section 7015 of this Act.
13 PROHIBITION ON PUBLICITY OR PROPAGANDA

15 in this Act shall be used for publicity or propaganda pur-
16 poses within the United States not authorized before en-
17 actment of this Act by Congress: Provided, That up to
18 $25,000 may be made available to carry out the provisions
19 of section 316 of the International Security and Develop-
20 ment Cooperation Act of 1980 (Public Law 96–533; 22
21 U.S.C. 2151a note).
22 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
23 COUNTRIES

25 wise made available pursuant to titles III through VI of
December 21, 2020 (12:59 p.m.)

1324
1 this Act shall be obligated or expended to finance directly
2 any assistance or reparations for the governments of
3 Cuba, North Korea, Iran, or Syria: Provided, That for
4 purposes of this section, the prohibition on obligations or
5 expenditures shall include direct loans, credits, insurance,
6 and guarantees of the Export-Import Bank or its agents.
7 COUPS D’ÉTAT

9 wise made available pursuant to titles III through VI of
10 this Act shall be obligated or expended to finance directly
11 any assistance to the government of any country whose
12 duly elected head of government is deposed by military
13 coup d’état or decree or, after the date of enactment of
14 this Act, a coup d’état or decree in which the military
15 plays a decisive role: Provided, That assistance may be re-
16 sumed to such government if the Secretary of State cer-
17 tifies and reports to the appropriate congressional commit-
18 tees that subsequent to the termination of assistance a
19 democratically elected government has taken office: Pro-
20 vided further, That the provisions of this section shall not
21 apply to assistance to promote democratic elections or
22 public participation in democratic processes: Provided fur-
23 ther, That funds made available pursuant to the previous
24 provisos shall be subject to the regular notification proce-
25 dures of the Committees on Appropriations.
December 21, 2020 (12:59 p.m.)

1325
1 TRANSFER OF FUNDS AUTHORITY
2 SEC. 7009. (a) DEPARTMENT OF STATE AND
3 UNITED STATES AGENCY FOR GLOBAL MEDIA.—

4 (1) DEPARTMENT OF STATE.—
5 (A) IN GENERAL.—Not to exceed 5 percent

6 of any appropriation made available for the cur-
7 rent fiscal year for the Department of State
8 under title I of this Act may be transferred be-
9 tween, and merged with, such appropriations,
10 but no such appropriation, except as otherwise
11 specifically provided, shall be increased by more
12 than 10 percent by any such transfers, and no
13 such transfer may be made to increase the ap-
14 propriation under the heading ‘‘Representation
15 Expenses’’.
16 (B) EMBASSY SECURITY.—Funds appro-
17 priated under the headings ‘‘Diplomatic Pro-
18 grams’’, including for Worldwide Security Pro-
19 tection, ‘‘Embassy Security, Construction, and
20 Maintenance’’, and ‘‘Emergencies in the Diplo-
21 matic and Consular Service’’ in this Act may be
22 transferred to, and merged with, funds appro-
23 priated under such headings if the Secretary of
24 State determines and reports to the Committees
25 on Appropriations that to do so is necessary to
December 21, 2020 (12:59 p.m.)

1326
1 implement the recommendations of the
2 Benghazi Accountability Review Board, for
3 emergency evacuations, or to prevent or re-
4 spond to security situations and requirements,
5 following consultation with, and subject to the
6 regular notification procedures of, such Com-
7 mittees: Provided, That such transfer authority
8 is in addition to any transfer authority other-
9 wise available in this Act and under any other
10 provision of law.
11 (2) UNITED STATES AGENCY FOR GLOBAL
12 MEDIA.—Not to exceed 5 percent of any appropria-

13 tion made available for the current fiscal year for
14 the United States Agency for Global Media under
15 title I of this Act may be transferred between, and
16 merged with, such appropriations, but no such ap-
17 propriation, except as otherwise specifically provided,
18 shall be increased by more than 10 percent by any
19 such transfers.
20 (3) TREATMENT AS REPROGRAMMING.—Any
21 transfer pursuant to this subsection shall be treated

22 as a reprogramming of funds under section 7015 of
23 this Act and shall not be available for obligation or
24 expenditure except in compliance with the proce-
25 dures set forth in that section.
December 21, 2020 (12:59 p.m.)

1327
1 (b) LIMITATION ON TRANSFERS OF FUNDS BE-
2 TWEEN AGENCIES.—
3 (1) IN GENERAL.—None of the funds made
4 available under titles II through V of this Act may
5 be transferred to any department, agency, or instru-
6 mentality of the United States Government, except
7 pursuant to a transfer made by, or transfer author-
8 ity provided in, this Act or any other appropriations
9 Act.
10 (2) ALLOCATION AND TRANSFERS.—Notwith-
11 standing paragraph (1), in addition to transfers

12 made by, or authorized elsewhere in, this Act, funds
13 appropriated by this Act to carry out the purposes
14 of the Foreign Assistance Act of 1961 may be allo-
15 cated or transferred to agencies of the United States
16 Government pursuant to the provisions of sections
17 109, 610, and 632 of the Foreign Assistance Act of
18 1961, and section 1434(j) of the BUILD Act of
19 2018 (division F of Public Law 115–254).
20 (3) NOTIFICATION.—Any agreement entered
21 into by the United States Agency for International
22 Development or the Department of State with any
23 department, agency, or instrumentality of the United
24 States Government pursuant to section 632(b) of the
25 Foreign Assistance Act of 1961 valued in excess of
December 21, 2020 (12:59 p.m.)

1328
1 $1,000,000 and any agreement made pursuant to
2 section 632(a) of such Act, with funds appropriated
3 by this Act or prior Acts making appropriations for
4 the Department of State, foreign operations, and re-
5 lated programs under the headings ‘‘Global Health
6 Programs’’, ‘‘Development Assistance’’, ‘‘Economic
7 Support Fund’’, and ‘‘Assistance for Europe, Eur-
8 asia and Central Asia’’ shall be subject to the reg-
9 ular notification procedures of the Committees on
10 Appropriations: Provided, That the requirement in
11 the previous sentence shall not apply to agreements
12 entered into between USAID and the Department of
13 State.
14 (c) LIMITATION ON UNITED STATES INTERNATIONAL
15 DEVELOPMENT FINANCE CORPORATION.—Amounts
16 transferred pursuant to section 1434(j) of the BUILD Act
17 of 2018 (division F of Public Law 115–254) may only be
18 transferred from funds made available under title III of
19 this Act, and such amounts shall not exceed $50,000,000:
20 Provided, That any such transfers shall be subject to prior
22 of, the Committees on Appropriations: Provided further,
23 That the Secretary of State, the Administrator of the
24 United States Agency for International Development, and
25 the Chief Executive Officer of the United States Inter-
December 21, 2020 (12:59 p.m.)

1329
1 national Development Finance Corporation (the Corpora-
2 tion), as appropriate, shall ensure that the programs fund-
3 ed by such transfers are coordinated with, and com-
4 plement, foreign assistance programs implemented by the
5 Department of State and USAID: Provided further, That
6 no funds transferred pursuant to such authority may be
7 used by the Corporation to post personnel abroad or for
8 activities described in section 1421(c) of the BUILD Act
9 of 2018.
10 (d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.—
11 None of the funds made available under titles II through
12 V of this Act may be obligated under an appropriations
13 account to which such funds were not appropriated, except
14 for transfers specifically provided for in this Act, unless
15 the President, not less than 5 days prior to the exercise
16 of any authority contained in the Foreign Assistance Act
17 of 1961 to transfer funds, consults with and provides a
18 written policy justification to the Committees on Appro-
19 priations.
20 (e) AUDIT OF INTER-AGENCY TRANSFERS OF
21 FUNDS.—Any agreement for the transfer or allocation of

22 funds appropriated by this Act or prior Acts making ap-
23 propriations for the Department of State, foreign oper-
24 ations, and related programs entered into between the De-
25 partment of State or USAID and another agency of the
December 21, 2020 (12:59 p.m.)

1330
1 United States Government under the authority of section
2 632(a) of the Foreign Assistance Act of 1961, or any com-
3 parable provision of law, shall expressly provide that the
4 Inspector General (IG) for the agency receiving the trans-
5 fer or allocation of such funds, or other entity with audit
6 responsibility if the receiving agency does not have an IG,
7 shall perform periodic program and financial audits of the
8 use of such funds and report to the Department of State
9 or USAID, as appropriate, upon completion of such au-
10 dits: Provided, That such audits shall be transmitted to
11 the Committees on Appropriations by the Department of
12 State or USAID, as appropriate: Provided further, That
13 funds transferred under such authority may be made
14 available for the cost of such audits.
15 (f) TRANSFER OF OVERSEAS CONTINGENCY OPER-
16 ATIONS/GLOBAL WAR ON TERRORISM FUNDS.—Funds
17 appropriated by this Act under the headings ‘‘Peace-
18 keeping Operations’’ and ‘‘Foreign Military Financing
19 Program’’ that are designated by the Congress for Over-
22 Budget and Emergency Deficit Control Act of 1985 may
23 be transferred to, and merged with, such funds appro-
24 priated under such headings: Provided, That such transfer
25 authority may only be exercised to address contingencies:
December 21, 2020 (12:59 p.m.)

1331
1 Provided further, That such transfer authority is in addi-
2 tion to any transfer authority otherwise available under
3 any other provision of law, including section 610 of the
4 Foreign Assistance Act of 1961: Provided further, That
5 such transfer authority shall be subject to prior consulta-
6 tion with, and the regular notification procedures of, the
8 PROHIBITION AND LIMITATION ON CERTAIN EXPENSES
9 SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the

10 funds made available by this Act may be used for first-
11 class travel by employees of United States Government de-
12 partments and agencies funded by this Act in contraven-
13 tion of section 301–10.122 through 301–10.124 of title
14 41, Code of Federal Regulations.
15 (b) COMPUTER NETWORKS.—None of the funds
16 made available by this Act for the operating expenses of
17 any United States Government department or agency may
18 be used to establish or maintain a computer network for
19 use by such department or agency unless such network
20 has filters designed to block access to sexually explicit
21 websites: Provided, That nothing in this subsection shall
22 limit the use of funds necessary for any Federal, State,
23 tribal, or local law enforcement agency, or any other entity
24 carrying out the following activities: criminal investiga-
25 tions, prosecutions, and adjudications; administrative dis-
December 21, 2020 (12:59 p.m.)

1332
1 cipline; and the monitoring of such websites undertaken
2 as part of official business.
3 (c) PROHIBITION ON PROMOTION OF TOBACCO.—
4 None of the funds made available by this Act shall be
5 available to promote the sale or export of tobacco or to-
6 bacco products (including electronic nicotine delivery sys-
7 tems), or to seek the reduction or removal by any foreign
8 country of restrictions on the marketing of tobacco or to-
9 bacco products (including electronic nicotine delivery sys-
10 tems), except for restrictions which are not applied equally
11 to all tobacco or tobacco products (including electronic nic-
12 otine delivery systems) of the same type.
13 (d) EMAIL SERVERS OUTSIDE THE .GOV DOMAIN.—
14 None of the funds appropriated by this Act under the
15 headings ‘‘Diplomatic Programs’’ and ‘‘Capital Invest-
16 ment Fund’’ in title I, and ‘‘Operating Expenses’’ and
17 ‘‘Capital Investment Fund’’ in title II that are made avail-
18 able to the Department of State and the United States
19 Agency for International Development may be made avail-
20 able to support the use or establishment of email accounts
21 or email servers created outside the .gov domain or not
22 fitted for automated records management as part of a
23 Federal government records management program in con-
24 travention of the Presidential and Federal Records Act
25 Amendments of 2014 (Public Law 113–187).
December 21, 2020 (12:59 p.m.)

1333
1 (e) REPRESENTATION AND ENTERTAINMENT EX-
2 PENSES.—Each Federal department, agency, or entity
3 funded in titles I or II of this Act, and the Department
4 of the Treasury and independent agencies funded in titles
5 III or VI of this Act, shall take steps to ensure that do-
6 mestic and overseas representation and entertainment ex-
7 penses further official agency business and United States
8 foreign policy interests, and—
9 (1) are primarily for fostering relations outside
10 of the Executive Branch;
11 (2) are principally for meals and events of a
12 protocol nature;
13 (3) are not for employee-only events; and
14 (4) do not include activities that are substan-
15 tially of a recreational character.
16 (f) LIMITATIONS ON ENTERTAINMENT EXPENSES.—
17 None of the funds appropriated or otherwise made avail-
18 able by this Act under the headings ‘‘International Mili-
19 tary Education and Training’’ or ‘‘Foreign Military Fi-
20 nancing Program’’ for Informational Program activities or
21 under the headings ‘‘Global Health Programs’’, ‘‘Develop-
22 ment Assistance’’, ‘‘Economic Support Fund’’, and ‘‘As-
23 sistance for Europe, Eurasia and Central Asia’’ may be
24 obligated or expended to pay for—
25 (1) alcoholic beverages; or
December 21, 2020 (12:59 p.m.)

1334
1 (2) entertainment expenses for activities that
2 are substantially of a recreational character, includ-
3 ing entrance fees at sporting events, theatrical and
4 musical productions, and amusement parks.
5 AVAILABILITY OF FUNDS

7 in this Act shall remain available for obligation after the
8 expiration of the current fiscal year unless expressly so
9 provided by this Act: Provided, That funds appropriated
10 for the purposes of chapters 1 and 8 of part I, section
11 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
12 Assistance Act of 1961, section 23 of the Arms Export
13 Control Act (22 U.S.C. 2763), and funds made available
14 for ‘‘United States International Development Finance
15 Corporation’’ and under the heading ‘‘Assistance for Eu-
16 rope, Eurasia and Central Asia’’ shall remain available for
17 an additional 4 years from the date on which the avail-
18 ability of such funds would otherwise have expired, if such
19 funds are initially obligated before the expiration of their
20 respective periods of availability contained in this Act:
22 sion of this Act, any funds made available for the purposes
23 of chapter 1 of part I and chapter 4 of part II of the
24 Foreign Assistance Act of 1961 which are allocated or ob-
25 ligated for cash disbursements in order to address balance
December 21, 2020 (12:59 p.m.)

1335
1 of payments or economic policy reform objectives, shall re-
2 main available for an additional 4 years from the date on
3 which the availability of such funds would otherwise have
4 expired, if such funds are initially allocated or obligated
5 before the expiration of their respective periods of avail-
6 ability contained in this Act: Provided further, That the
7 Secretary of State and the Administrator of the United
8 States Agency for International Development shall provide
9 a report to the Committees on Appropriations not later
10 than October 31, 2021, detailing by account and source
11 year, the use of this authority during the previous fiscal
12 year.
13 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
14 SEC. 7012. No part of any appropriation provided

15 under titles III through VI in this Act shall be used to
16 furnish assistance to the government of any country which
17 is in default during a period in excess of 1 calendar year
18 in payment to the United States of principal or interest
19 on any loan made to the government of such country by
20 the United States pursuant to a program for which funds
21 are appropriated under this Act unless the President de-
22 termines, following consultation with the Committees on
23 Appropriations, that assistance for such country is in the
24 national interest of the United States.
December 21, 2020 (12:59 p.m.)

1336
1 PROHIBITION ON TAXATION OF UNITED STATES
2 ASSISTANCE
3 SEC. 7013. (a) PROHIBITION ON TAXATION.—None

4 of the funds appropriated under titles III through VI of
5 this Act may be made available to provide assistance for
6 a foreign country under a new bilateral agreement gov-
7 erning the terms and conditions under which such assist-
8 ance is to be provided unless such agreement includes a
9 provision stating that assistance provided by the United
10 States shall be exempt from taxation, or reimbursed, by
11 the foreign government, and the Secretary of State and
12 the Administrator of the United States Agency for Inter-
13 national Development shall expeditiously seek to negotiate
14 amendments to existing bilateral agreements, as nec-
15 essary, to conform with this requirement.
16 (b) NOTIFICATION AND REIMBURSEMENT OF FOR-
17 EIGN TAXES.—An amount equivalent to 200 percent of
18 the total taxes assessed during fiscal year 2021 on funds
19 appropriated by this Act and prior Acts making appropria-
21 related programs by a foreign government or entity
22 against United States assistance programs, either directly
23 or through grantees, contractors, and subcontractors, shall
24 be withheld from obligation from funds appropriated for
25 assistance for fiscal year 2022 and for prior fiscal years
December 21, 2020 (12:59 p.m.)

1337
1 and allocated for the central government of such country
2 or for the West Bank and Gaza program, as applicable,
3 if, not later than September 30, 2022, such taxes have
4 not been reimbursed: Provided, That the Secretary of
5 State shall report to the Committees on Appropriations
6 not later than 30 days after enactment of this Act and
7 then quarterly thereafter until September 30, 2021, on the
8 foreign governments and entities that have not reimbursed
9 such taxes, including any amount of funds withheld pursu-
10 ant to this subsection.
11 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de
12 minimis nature shall not be subject to the provisions of
13 subsection (b).
14 (d) REPROGRAMMING OF FUNDS.—Funds withheld
15 from obligation for each foreign government or entity pur-
16 suant to subsection (b) shall be reprogrammed for assist-
17 ance for countries which do not assess taxes on United
18 States assistance or which have an effective arrangement
19 that is providing substantial reimbursement of such taxes,
20 and that can reasonably accommodate such assistance in
21 a programmatically responsible manner.
22 (e) DETERMINATIONS.—
23 (1) IN GENERAL.—The provisions of this sec-
24 tion shall not apply to any foreign government or en-
25 tity that assesses such taxes if the Secretary of
December 21, 2020 (12:59 p.m.)

1338
1 State reports to the Committees on Appropriations
2 that—
3 (A) such foreign government or entity has
4 an effective arrangement that is providing sub-
5 stantial reimbursement of such taxes; or
6 (B) the foreign policy interests of the
7 United States outweigh the purpose of this sec-
8 tion to ensure that United States assistance is
9 not subject to taxation.
10 (2) CONSULTATION.—The Secretary of State
11 shall consult with the Committees on Appropriations
12 at least 15 days prior to exercising the authority of
13 this subsection with regard to any foreign govern-
14 ment or entity.
15 (f) IMPLEMENTATION.—The Secretary of State shall
16 issue and update rules, regulations, or policy guidance, as
17 appropriate, to implement the prohibition against the tax-
18 ation of assistance contained in this section.
19 (g) DEFINITIONS.—As used in this section:
20 (1) BILATERAL AGREEMENT.—The term ‘‘bilat-
21 eral agreement’’ refers to a framework bilateral
22 agreement between the Government of the United
23 States and the government of the country receiving
24 assistance that describes the privileges and immuni-
25 ties applicable to United States foreign assistance
December 21, 2020 (12:59 p.m.)

1339
1 for such country generally, or an individual agree-
2 ment between the Government of the United States
3 and such government that describes, among other
4 things, the treatment for tax purposes that will be
5 accorded the United States assistance provided
6 under that agreement.
7 (2) TAXES AND TAXATION.—The term ‘‘taxes
8 and taxation’’ shall include value added taxes and
9 customs duties but shall not include individual in-
10 come taxes assessed to local staff.
11 RESERVATIONS OF FUNDS
12 SEC. 7014. (a) REPROGRAMMING.—Funds appro-

13 priated under titles III through VI of this Act which are
14 specifically designated may be reprogrammed for other
15 programs within the same account notwithstanding the
16 designation if compliance with the designation is made im-
17 possible by operation of any provision of this or any other
18 Act: Provided, That any such reprogramming shall be sub-
19 ject to the regular notification procedures of the Commit-
20 tees on Appropriations: Provided further, That assistance
21 that is reprogrammed pursuant to this subsection shall be
22 made available under the same terms and conditions as
23 originally provided.
24 (b) EXTENSION OF AVAILABILITY.—In addition to
25 the authority contained in subsection (a), the original pe-
December 21, 2020 (12:59 p.m.)

1340
1 riod of availability of funds appropriated by this Act and
2 administered by the Department of State or the United
3 States Agency for International Development that are spe-
4 cifically designated for particular programs or activities by
5 this or any other Act may be extended for an additional
6 fiscal year if the Secretary of State or the USAID Admin-
7 istrator, as appropriate, determines and reports promptly
8 to the Committees on Appropriations that the termination
9 of assistance to a country or a significant change in cir-
10 cumstances makes it unlikely that such designated funds
11 can be obligated during the original period of availability:
12 Provided, That such designated funds that continue to be
13 available for an additional fiscal year shall be obligated
14 only for the purpose of such designation.
15 (c) OTHER ACTS.—Ceilings and specifically des-
16 ignated funding levels contained in this Act shall not be
17 applicable to funds or authorities appropriated or other-
18 wise made available by any subsequent Act unless such
19 Act specifically so directs: Provided, That specifically des-
20 ignated funding levels or minimum funding requirements
21 contained in any other Act shall not be applicable to funds
22 appropriated by this Act.
23 NOTIFICATION REQUIREMENTS
24 SEC. 7015. (a) NOTIFICATION OF CHANGES IN PRO-

25 GRAMS, PROJECTS, AND ACTIVITIES.—None of the funds
December 21, 2020 (12:59 p.m.)

1341
1 made available in titles I, II, and VI, and under the head-
2 ings ‘‘Peace Corps’’ and ‘‘Millennium Challenge Corpora-
3 tion’’, of this Act or prior Acts making appropriations for
4 the Department of State, foreign operations, and related
5 programs to the departments and agencies funded by this
6 Act that remain available for obligation in fiscal year
7 2021, or provided from any accounts in the Treasury of
8 the United States derived by the collection of fees or of
9 currency reflows or other offsetting collections, or made
10 available by transfer, to the departments and agencies
11 funded by this Act, shall be available for obligation to—
12 (1) create new programs;
13 (2) suspend or eliminate a program, project, or
14 activity;
15 (3) close, suspend, open, or reopen a mission or
16 post;
17 (4) create, close, reorganize, downsize, or re-
18 name bureaus, centers, or offices; or
19 (5) contract out or privatize any functions or
21 unless previously justified to the Committees on Appro-
22 priations or such Committees are notified 15 days in ad-
23 vance of such obligation.
24 (b) NOTIFICATION OF REPROGRAMMING OF
25 FUNDS.—None of the funds provided under titles I, II,
December 21, 2020 (12:59 p.m.)

1342
1 and VI of this Act or prior Acts making appropriations
2 for the Department of State, foreign operations, and re-
3 lated programs, to the departments and agencies funded
4 under such titles that remain available for obligation in
5 fiscal year 2021, or provided from any accounts in the
6 Treasury of the United States derived by the collection
7 of fees available to the department and agency funded
8 under title I of this Act, shall be available for obligation
9 or expenditure for programs, projects, or activities
10 through a reprogramming of funds in excess of
11 $1,000,000 or 10 percent, whichever is less, that—
12 (1) augments or changes existing programs,
13 projects, or activities;
14 (2) relocates an existing office or employees;
18 (4) results from any general savings, including
19 savings from a reduction in personnel, which would
20 result in a change in existing programs, projects, or
21 activities as approved by Congress;
22 unless the Committees on Appropriations are notified 15
23 days in advance of such reprogramming of funds.
24 (c) NOTIFICATION REQUIREMENT.—None of the
25 funds made available by this Act under the headings
December 21, 2020 (12:59 p.m.)

1343
1 ‘‘Global Health Programs’’, ‘‘Development Assistance’’,
2 ‘‘International Organizations and Programs’’, ‘‘Trade and
3 Development Agency’’, ‘‘International Narcotics Control
4 and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘De-
5 mocracy Fund’’, ‘‘Assistance for Europe, Eurasia and
6 Central Asia’’, ‘‘Peacekeeping Operations’’, ‘‘Non-
7 proliferation, Anti-terrorism, Demining and Related Pro-
8 grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign
9 Military Financing Program’’, ‘‘International Military
10 Education and Training’’, ‘‘United States International
11 Development Finance Corporation’’, and ‘‘Peace Corps’’,
12 shall be available for obligation for programs, projects, ac-
13 tivities, type of materiel assistance, countries, or other op-
14 erations not justified or in excess of the amount justified
15 to the Committees on Appropriations for obligation under
16 any of these specific headings unless the Committees on
17 Appropriations are notified 15 days in advance of such
18 obligation: Provided, That the President shall not enter
19 into any commitment of funds appropriated for the pur-
20 poses of section 23 of the Arms Export Control Act for
21 the provision of major defense equipment, other than con-
22 ventional ammunition, or other major defense items de-
23 fined to be aircraft, ships, missiles, or combat vehicles, not
24 previously justified to Congress or 20 percent in excess
25 of the quantities justified to Congress unless the Commit-
December 21, 2020 (12:59 p.m.)

1344
1 tees on Appropriations are notified 15 days in advance of
2 such commitment: Provided further, That requirements of
3 this subsection or any similar provision of this or any
4 other Act shall not apply to any reprogramming for a pro-
5 gram, project, or activity for which funds are appropriated
6 under titles III through VI of this Act of less than 10
7 percent of the amount previously justified to Congress for
8 obligation for such program, project, or activity for the
9 current fiscal year: Provided further, That any notification
10 submitted pursuant to subsection (f) of this section shall
11 include information (if known on the date of transmittal
12 of such notification) on the use of notwithstanding author-
13 ity.
14 (d) DEPARTMENT OF DEFENSE PROGRAMS AND
15 FUNDING NOTIFICATIONS.—
16 (1) PROGRAMS.—None of the funds appro-
17 priated by this Act or prior Acts making appropria-
18 tions for the Department of State, foreign oper-
19 ations, and related programs may be made available
20 to support or continue any program initially funded
21 under any authority of title 10, United States Code,
22 or any Act making or authorizing appropriations for
23 the Department of Defense, unless the Secretary of
24 State, in consultation with the Secretary of Defense
25 and in accordance with the regular notification pro-
December 21, 2020 (12:59 p.m.)

1345
1 cedures of the Committees on Appropriations, sub-
2 mits a justification to such Committees that includes
3 a description of, and the estimated costs associated
4 with, the support or continuation of such program.
5 (2) FUNDING.—Notwithstanding any other pro-
6 vision of law, funds transferred by the Department
7 of Defense to the Department of State and the
8 United States Agency for International Development
9 for assistance for foreign countries and international
10 organizations shall be subject to the regular notifica-
11 tion procedures of the Committees on Appropria-
12 tions.
13 (3) NOTIFICATION ON EXCESS DEFENSE ARTI-
14 CLES.—Prior to providing excess Department of De-

15 fense articles in accordance with section 516(a) of
16 the Foreign Assistance Act of 1961, the Department
17 of Defense shall notify the Committees on Appro-
18 priations to the same extent and under the same
19 conditions as other committees pursuant to sub-
20 section (f) of that section: Provided, That before
21 issuing a letter of offer to sell excess defense articles
22 under the Arms Export Control Act, the Department
23 of Defense shall notify the Committees on Appro-
24 priations in accordance with the regular notification
25 procedures of such Committees if such defense arti-
December 21, 2020 (12:59 p.m.)

1346
1 cles are significant military equipment (as defined in
2 section 47(9) of the Arms Export Control Act) or
3 are valued (in terms of original acquisition cost) at
4 $7,000,000 or more, or if notification is required
5 elsewhere in this Act for the use of appropriated
6 funds for specific countries that would receive such
7 excess defense articles: Provided further, That such
8 Committees shall also be informed of the original ac-
9 quisition cost of such defense articles.
10 (e) WAIVER.—The requirements of this section or
11 any similar provision of this Act or any other Act, includ-
12 ing any prior Act requiring notification in accordance with
13 the regular notification procedures of the Committees on
14 Appropriations, may be waived if failure to do so would
15 pose a substantial risk to human health or welfare: Pro-
16 vided, That in case of any such waiver, notification to the
17 Committees on Appropriations shall be provided as early
18 as practicable, but in no event later than 3 days after tak-
19 ing the action to which such notification requirement was
20 applicable, in the context of the circumstances necessi-
21 tating such waiver: Provided further, That any notification
22 provided pursuant to such a waiver shall contain an expla-
23 nation of the emergency circumstances.
24 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None
December 21, 2020 (12:59 p.m.)

1347
1 this Act may be obligated or expended for assistance for
2 Afghanistan, Bahrain, Burma, Cambodia, Colombia,
3 Cuba, Egypt, El Salvador, Ethiopia, Greenland, Guate-
4 mala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mex-
5 ico, Nicaragua, Pakistan, Philippines, the Russian Fed-
6 eration, Somalia, South Sudan, Sri Lanka, Sudan, Syria,
7 Uzbekistan, Venezuela, Yemen, and Zimbabwe except as
8 provided through the regular notification procedures of the
10 (g) TRUST FUNDS.—Funds appropriated or other-
11 wise made available in title III of this Act and prior Acts
12 making funds available for the Department of State, for-
13 eign operations, and related programs that are made avail-
14 able for a trust fund held by an international financial
15 institution shall be subject to the regular notification pro-
16 cedures of the Committees on Appropriations and such no-
17 tification shall include the information specified under this
18 section in House Report 116–444.
19 (h) OTHER PROGRAM NOTIFICATION REQUIRE-
20 MENT.—
21 (1) DIPLOMATIC PROGRAMS.—Funds appro-

22 priated under title I of this Act under the heading
23 ‘‘Diplomatic Programs’’ that are made available for
24 lateral entry into the Foreign Service shall be sub-
25 ject to prior consultation with, and the regular noti-
December 21, 2020 (12:59 p.m.)

1348
1 fication procedures of, the Committees on Appro-
2 priations.
3 (2) OTHER PROGRAMS.—Funds appropriated by
4 this Act that are made available for the following
5 programs and activities shall be subject to the reg-
7 Appropriations:
8 (A) the Global Engagement Center, except
9 that the Secretary of State shall consult with
10 the Committees on Appropriations prior to sub-
11 mitting such notification;
12 (B) the Power Africa and Prosper Africa
13 initiatives;
14 (C) community-based police assistance con-
15 ducted pursuant to the authority of section
16 7035(a)(1) of this Act;
17 (D) the Prevention and Stabilization Fund
18 and the Multi-Donor Global Fragility Fund;
19 (E) the Indo-Pacific Strategy;
20 (F) the Global Security Contingency Fund;
21 (G) the Countering Chinese Influence
22 Fund and the Countering Russian Influence
23 Fund;
24 (H) the Program to End Modern Slavery;
25 and
December 21, 2020 (12:59 p.m.)

1349
1 (I) the Women’s Global Development and
2 Prosperity Fund.
3 (3) DEMOCRACY PROGRAM POLICY AND PROCE-
4 DURES.—Modifications to democracy program policy

5 and procedures, including relating to the use of con-
6 sortia, by the Department of State and USAID shall
7 be subject to prior consultation with, and the regular
8 notification procedures of, the Committees on Ap-
9 propriations.
10 (4) ARMS SALES.—The reports, notifications,
11 and certifications, and any other documents, re-
12 quired to be submitted pursuant to section 36(a) of
13 the Arms Export Control Act (22 U.S.C. 2776), and
14 such documents submitted pursuant to section 36(b)
15 through (d) of such Act with respect to countries
16 that have received assistance provided with funds
17 appropriated by this Act or prior Acts making ap-
19 operations, and related programs, shall be concur-
20 rently submitted to the Committees on Appropria-
21 tions and shall include information about the source
22 of funds for any sale or transfer, as applicable, if
23 known at the time of submission.
24 (i) WITHHOLDING OF FUNDS.—Funds appropriated
25 by this Act under titles III and IV that are withheld from
December 21, 2020 (12:59 p.m.)

1350
1 obligation or otherwise not programmed as a result of ap-
2 plication of a provision of law in this or any other Act
3 shall, if reprogrammed, be subject to the regular notifica-
4 tion procedures of the Committees on Appropriations.
5 (j) FOREIGN ASSISTANCE AND GLOBAL HEALTH SE-
6 CURITY REVIEWS.—Funds appropriated by this Act that
7 are made available to make programmatic, funding, and
8 organizational changes resulting from implementation of
9 any foreign assistance review or realignment shall be sub-
10 ject to prior consultation with, and the regular notification
11 procedures of, the Committees on Appropriations: Pro-
12 vided, That such notifications may be submitted in classi-
13 fied form, if necessary: Provided further, That the con-
14 sultation requirement of this subsection shall apply to
15 global health security programs, to include the Global
16 Health Security Agenda and emergency health responses.
17 (k) PRIOR CONSULTATION REQUIREMENT.—The
18 Secretary of State, the Administrator of the United States
19 Agency for International Development, the Chief Execu-
20 tive Officer of the United States International Develop-
21 ment Finance Corporation, and the Chief Executive Offi-
22 cer of the Millennium Challenge Corporation shall consult
23 with the Committees on Appropriations at least 7 days
24 prior to informing a government of, or publically announc-
25 ing a decision on, the suspension or early termination of
December 21, 2020 (12:59 p.m.)

1351
1 assistance to a country or a territory, including as a result
2 of an interagency review of such assistance, from funds
3 appropriated by this Act or prior Acts making appropria-
5 related programs: Provided, That such consultation shall
6 include a detailed justification for such suspension, includ-
7 ing a description of the assistance being suspended.
8 (l) REPORT ON FUNDS RECEIVED FROM FOREIGN
9 GOVERNMENTS.—The Secretary of State and the USAID
10 Administrator, as appropriate, shall report to the Commit-
11 tees on Appropriations on a quarterly basis until Sep-
12 tember 30, 2021, on funds received from foreign govern-
13 ments pursuant to sections 607 and 635(d) of the Foreign
14 Assistance Act of 1961, other than from countries that
15 are North Atlantic Treaty Organization (NATO) or major
16 non-NATO allies designated pursuant to section 517(b)
17 of such Act: Provided, That such report shall include the
18 requirements described under this heading in the explana-
19 tory statement described in section 4 (in the matter pre-
21 DOCUMENT REQUESTS, RECORDS MANAGEMENT, AND
22 RELATED CYBERSECURITY PROTECTIONS
23 SEC. 7016. (a) DOCUMENT REQUESTS.—None of the

24 funds appropriated or made available pursuant to titles
25 III through VI of this Act shall be available to a non-
December 21, 2020 (12:59 p.m.)

1352
1 governmental organization, including any contractor,
2 which fails to provide upon timely request any document,
3 file, or record necessary to the auditing requirements of
4 the Department of State and the United States Agency
5 for International Development.
6 (b) RECORDS MANAGEMENT AND RELATED CYBER-
7 SECURITY PROTECTIONS.—The Secretary of State and
8 USAID Administrator shall—
9 (1) regularly review and update the policies, di-
10 rectives, and oversight necessary to comply with
11 Federal statutes, regulations, and presidential execu-
12 tive orders and memoranda concerning the preserva-
13 tion of all records made or received in the conduct
14 of official business, including record emails, instant
15 messaging, and other online tools;
16 (2) use funds appropriated by this Act under
17 the headings ‘‘Diplomatic Programs’’ and ‘‘Capital
18 Investment Fund’’ in title I, and ‘‘Operating Ex-
19 penses’’ and ‘‘Capital Investment Fund’’ in title II,
20 as appropriate, to improve Federal records manage-
21 ment pursuant to the Federal Records Act (44
22 U.S.C. Chapters 21, 29, 31, and 33) and other ap-
23 plicable Federal records management statutes, regu-
24 lations, or policies for the Department of State and
25 USAID;
December 21, 2020 (12:59 p.m.)

1353
1 (3) direct departing employees, including senior
2 officials, that all Federal records generated by such
3 employees belong to the Federal Government;
4 (4) substantially reduce, compared to the pre-
5 vious fiscal year, the response time for identifying
6 and retrieving Federal records, including requests
7 made pursuant to section 552 of title 5, United
8 States Code (commonly known as the ‘‘Freedom of
9 Information Act’’); and
10 (5) strengthen cybersecurity measures to miti-
11 gate vulnerabilities, including those resulting from
12 the use of personal email accounts or servers outside
13 the .gov domain, improve the process to identify and
14 remove inactive user accounts, update and enforce
15 guidance related to the control of national security
16 information, and implement the recommendations of
17 the applicable reports of the cognizant Office of In-
18 spector General.
19 USE OF FUNDS IN CONTRAVENTION OF THIS ACT
20 SEC. 7017. If the President makes a determination

21 not to comply with any provision of this Act on constitu-
22 tional grounds, the head of the relevant Federal agency
23 shall notify the Committees on Appropriations in writing
24 within 5 days of such determination, the basis for such
December 21, 2020 (12:59 p.m.)

1354
1 determination and any resulting changes to program or
2 policy.
3 PROHIBITION ON FUNDING FOR ABORTIONS AND
4 INVOLUNTARY STERILIZATION
5 SEC. 7018. None of the funds made available to carry

6 out part I of the Foreign Assistance Act of 1961, as
7 amended, may be used to pay for the performance of abor-
8 tions as a method of family planning or to motivate or
9 coerce any person to practice abortions. None of the funds
10 made available to carry out part I of the Foreign Assist-
11 ance Act of 1961, as amended, may be used to pay for
12 the performance of involuntary sterilization as a method
13 of family planning or to coerce or provide any financial
14 incentive to any person to undergo sterilizations. None of
15 the funds made available to carry out part I of the Foreign
16 Assistance Act of 1961, as amended, may be used to pay
17 for any biomedical research which relates in whole or in
18 part, to methods of, or the performance of, abortions or
19 involuntary sterilization as a means of family planning.
20 None of the funds made available to carry out part I of
21 the Foreign Assistance Act of 1961, as amended, may be
22 obligated or expended for any country or organization if
23 the President certifies that the use of these funds by any
24 such country or organization would violate any of the
December 21, 2020 (12:59 p.m.)

1355
1 above provisions related to abortions and involuntary steri-
2 lizations.
3 ALLOCATIONS AND REPORTS
4 SEC. 7019. (a) ALLOCATION TABLES.—Subject to

5 subsection (b), funds appropriated by this Act under titles
6 III through V shall be made available at not less than the
7 amounts specifically designated in the respective tables in-
8 cluded in the explanatory statement described in section
10 Act): Provided, That such designated amounts for foreign
11 countries and international organizations shall serve as
12 the amounts for such countries and international organi-
13 zations transmitted to Congress in the report required by
14 section 653(a) of the Foreign Assistance Act of 1961, and
15 shall be made available for such foreign countries and
16 international organizations notwithstanding the date of
17 the transmission of such report.
18 (b) AUTHORIZED DEVIATIONS BELOW MINIMUM
19 LEVELS.—Unless otherwise provided for by this Act, the
20 Secretary of State and the Administrator of the United
21 States Agency for International Development, as applica-
22 ble, may deviate by not more than 10 percent below the
23 minimum amounts specifically designated in the respective
24 tables in the explanatory statement described in section
December 21, 2020 (12:59 p.m.)

1356
1 Act): Provided, That deviations pursuant to this sub-
2 section shall be subject to prior consultation with the Com-
4 (c) LIMITATION.—For specifically designated
5 amounts that are included, pursuant to subsection (a), in
6 the report required by section 653(a) of the Foreign As-
7 sistance Act of 1961, deviations authorized by subsection
8 (b) may only take place after submission of such report.
9 (d) EXCEPTIONS.—
10 (1) Subsections (a) and (b) shall not apply to—
11 (A) amounts designated for ‘‘International
12 Military Education and Training’’ in the re-
13 spective tables included in the explanatory
14 statement described in section 4 (in the matter
15 preceding division A of this consolidated Act);
16 (B) funds for which the initial period of
17 availability has expired; and
18 (C) amounts designated by this Act as
19 minimum funding requirements.
20 (2) The authority in subsection (b) to deviate
21 below amounts designated in the respective tables in-
22 cluded in the explanatory statement described in sec-
23 tion 4 (in the matter preceding division A of this
24 consolidated Act) shall not apply to the table in-
December 21, 2020 (12:59 p.m.)

1357
1 cluded under the heading ‘‘Global Health Programs’’
2 in such statement.
3 (3) With respect to the amounts designated for
4 ‘‘Global Programs’’ in the table under the heading
5 ‘‘Economic Support Fund’’ included in the explana-
6 tory statement described in section 4 (in the matter
7 preceding division A of this consolidated Act), sub-
8 section (b) shall be applied by substituting ‘‘5 per-
9 cent’’ for ‘‘10 percent’’.
10 (e) REPORTS.—The Secretary of State, USAID Ad-
11 ministrator, and other designated officials, as appropriate,
12 shall submit the reports required, in the manner described,
13 in House Report 116–444 and the explanatory statement
15 A of this consolidated Act), unless directed otherwise in
16 such explanatory statement.
17 (f) CLARIFICATION.—Funds appropriated by this Act
18 under the headings ‘‘International Disaster Assistance’’
19 and ‘‘Migration and Refugee Assistance’’ shall not be in-
20 cluded for purposes of meeting amounts designated for
21 countries in this Act or the explanatory statement de-
23 of this consolidated Act), unless such headings are specifi-
24 cally designated as the source of funds.
December 21, 2020 (12:59 p.m.)

1358
1 MULTI-YEAR PLEDGES

3 wise made available by this Act may be used to make any
4 pledge for future year funding for any multilateral or bi-
5 lateral program funded in titles III through VI of this Act
6 unless such pledge meets one or more of the requirements
7 enumerated under section 7066 of the Department of
9 priations Act, 2019 (division F of Public Law 116–6).
10 PROHIBITION ON ASSISTANCE TO GOVERNMENTS
11 SUPPORTING INTERNATIONAL TERRORISM
12 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX-

13 PORTS.—
14 (1) PROHIBITION.—None of the funds appro-

15 priated or otherwise made available under titles III
16 through VI of this Act may be made available to any
17 foreign government which provides lethal military
18 equipment to a country the government of which the
19 Secretary of State has determined supports inter-
20 national terrorism for purposes of section 1754(c) of
21 the Export Reform Control Act of 2018 (50 U.S.C.
22 4813(c)): Provided, That the prohibition under this
23 section with respect to a foreign government shall
24 terminate 12 months after that government ceases
25 to provide such military equipment: Provided further,
December 21, 2020 (12:59 p.m.)

1359
1 That this section applies with respect to lethal mili-
2 tary equipment provided under a contract entered
3 into after October 1, 1997.
4 (2) DETERMINATION.—Assistance restricted by
5 paragraph (1) or any other similar provision of law,
6 may be furnished if the President determines that to
7 do so is important to the national interest of the
8 United States.
9 (3) REPORT.—Whenever the President makes a
10 determination pursuant to paragraph (2), the Presi-
11 dent shall submit to the Committees on Appropria-
12 tions a report with respect to the furnishing of such
13 assistance, including a detailed explanation of the
14 assistance to be provided, the estimated dollar
15 amount of such assistance, and an explanation of
16 how the assistance furthers United States national
17 interest.
18 (b) BILATERAL ASSISTANCE.—
19 (1) LIMITATIONS.—Funds appropriated for bi-
20 lateral assistance in titles III through VI of this Act
21 and funds appropriated under any such title in prior
22 Acts making appropriations for the Department of
23 State, foreign operations, and related programs,
24 shall not be made available to any foreign govern-
25 ment which the President determines—
December 21, 2020 (12:59 p.m.)

1360
1 (A) grants sanctuary from prosecution to
2 any individual or group which has committed
3 an act of international terrorism;
4 (B) otherwise supports international ter-
5 rorism; or
6 (C) is controlled by an organization des-
7 ignated as a terrorist organization under sec-
8 tion 219 of the Immigration and Nationality
9 Act (8 U.S.C. 1189).
10 (2) WAIVER.—The President may waive the ap-
11 plication of paragraph (1) to a government if the
12 President determines that national security or hu-
13 manitarian reasons justify such waiver: Provided,
14 That the President shall publish each such waiver in
15 the Federal Register and, at least 15 days before the
16 waiver takes effect, shall notify the Committees on
17 Appropriations of the waiver (including the justifica-
18 tion for the waiver) in accordance with the regular
19 notification procedures of the Committees on Appro-
20 priations.
21 AUTHORIZATION REQUIREMENTS
22 SEC. 7022. Funds appropriated by this Act, except

23 funds appropriated under the heading ‘‘Trade and Devel-
24 opment Agency’’, may be obligated and expended notwith-
25 standing section 10 of Public Law 91–672 (22 U.S.C.
December 21, 2020 (12:59 p.m.)

1361
1 2412), section 15 of the State Department Basic Authori-
2 ties Act of 1956 (22 U.S.C. 2680), section 313 of the For-
3 eign Relations Authorization Act, Fiscal Years 1994 and
4 1995 (22 U.S.C. 6212), and section 504(a)(1) of the Na-
5 tional Security Act of 1947 (50 U.S.C. 3094(a)(1)).
6 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
7 SEC. 7023. For the purpose of titles II through VI

8 of this Act ‘‘program, project, and activity’’ shall be de-
9 fined at the appropriations Act account level and shall in-
10 clude all appropriations and authorizations Acts funding
11 directives, ceilings, and limitations with the exception that
12 for the ‘‘Economic Support Fund’’, ‘‘Assistance for Eu-
13 rope, Eurasia and Central Asia’’, and ‘‘Foreign Military
14 Financing Program’’ accounts, ‘‘program, project, and ac-
15 tivity’’ shall also be considered to include country, re-
16 gional, and central program level funding within each such
17 account, and for the development assistance accounts of
18 the United States Agency for International Development,
19 ‘‘program, project, and activity’’ shall also be considered
20 to include central, country, regional, and program level
21 funding, either as—
22 (1) justified to Congress; or
23 (2) allocated by the Executive Branch in ac-
24 cordance with the report required by section 653(a)
December 21, 2020 (12:59 p.m.)

1362
1 of the Foreign Assistance Act of 1961 or as modi-
2 fied pursuant to section 7019 of this Act.
3 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN
4 FOUNDATION, AND UNITED STATES AFRICAN DEVEL-
5 OPMENT FOUNDATION
6 SEC. 7024. Unless expressly provided to the contrary,

7 provisions of this or any other Act, including provisions
8 contained in prior Acts authorizing or making appropria-
10 related programs, shall not be construed to prohibit activi-
11 ties authorized by or conducted under the Peace Corps
12 Act, the Inter-American Foundation Act, or the African
13 Development Foundation Act: Provided, That prior to con-
14 ducting activities in a country for which assistance is pro-
15 hibited, the agency shall consult with the Committees on
16 Appropriations and report to such Committees within 15
17 days of taking such action.
18 COMMERCE, TRADE AND SURPLUS COMMODITIES
19 SEC. 7025. (a) WORLD MARKETS.—None of the

20 funds appropriated or made available pursuant to titles
21 III through VI of this Act for direct assistance and none
22 of the funds otherwise made available to the Export-Im-
23 port Bank and the United States International Develop-
24 ment Finance Corporation shall be obligated or expended
25 to finance any loan, any assistance, or any other financial
December 21, 2020 (12:59 p.m.)

1363
1 commitments for establishing or expanding production of
2 any commodity for export by any country other than the
3 United States, if the commodity is likely to be in surplus
4 on world markets at the time the resulting productive ca-
5 pacity is expected to become operative and if the assist-
6 ance will cause substantial injury to United States pro-
7 ducers of the same, similar, or competing commodity: Pro-
8 vided, That such prohibition shall not apply to the Export-
9 Import Bank if in the judgment of its Board of Directors
10 the benefits to industry and employment in the United
11 States are likely to outweigh the injury to United States
12 producers of the same, similar, or competing commodity,
13 and the Chairman of the Board so notifies the Committees
14 on Appropriations: Provided further, That this subsection
15 shall not prohibit—
16 (1) activities in a country that is eligible for as-
17 sistance from the International Development Asso-
18 ciation, is not eligible for assistance from the Inter-
19 national Bank for Reconstruction and Development,
20 and does not export on a consistent basis the agri-
21 cultural commodity with respect to which assistance
22 is furnished; or
23 (2) activities in a country the President deter-
24 mines is recovering from widespread conflict, a hu-
25 manitarian crisis, or a complex emergency.
December 21, 2020 (12:59 p.m.)

1364
1 (b) EXPORTS.—None of the funds appropriated by
2 this or any other Act to carry out chapter 1 of part I
3 of the Foreign Assistance Act of 1961 shall be available
4 for any testing or breeding feasibility study, variety im-
5 provement or introduction, consultancy, publication, con-
6 ference, or training in connection with the growth or pro-
7 duction in a foreign country of an agricultural commodity
8 for export which would compete with a similar commodity
9 grown or produced in the United States: Provided, That
10 this subsection shall not prohibit—
11 (1) activities designed to increase food security
12 in developing countries where such activities will not
13 have a significant impact on the export of agricul-
14 tural commodities of the United States;
15 (2) research activities intended primarily to
16 benefit United States producers;
17 (3) activities in a country that is eligible for as-
18 sistance from the International Development Asso-
19 ciation, is not eligible for assistance from the Inter-
20 national Bank for Reconstruction and Development,
21 and does not export on a consistent basis the agri-
22 cultural commodity with respect to which assistance
23 is furnished; or
December 21, 2020 (12:59 p.m.)

1365
1 (4) activities in a country the President deter-
2 mines is recovering from widespread conflict, a hu-
3 manitarian crisis, or a complex emergency.
4 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.—
5 The Secretary of the Treasury shall instruct the United
6 States executive directors of the international financial in-
7 stitutions to use the voice and vote of the United States
8 to oppose any assistance by such institutions, using funds
9 appropriated or otherwise made available by this Act, for
10 the production or extraction of any commodity or mineral
11 for export, if it is in surplus on world markets and if the
12 assistance will cause substantial injury to United States
13 producers of the same, similar, or competing commodity.
14 SEPARATE ACCOUNTS
15 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL

16 CURRENCIES.—
17 (1) AGREEMENTS.—If assistance is furnished to
18 the government of a foreign country under chapters
19 1 and 10 of part I or chapter 4 of part II of the
20 Foreign Assistance Act of 1961 under agreements
21 which result in the generation of local currencies of
22 that country, the Administrator of the United States
23 Agency for International Development shall—
December 21, 2020 (12:59 p.m.)

1366
1 (A) require that local currencies be depos-
2 ited in a separate account established by that
3 government;
4 (B) enter into an agreement with that gov-
5 ernment which sets forth—
6 (i) the amount of the local currencies
7 to be generated; and
8 (ii) the terms and conditions under
9 which the currencies so deposited may be
10 utilized, consistent with this section; and
11 (C) establish by agreement with that gov-
12 ernment the responsibilities of USAID and that
13 government to monitor and account for deposits
14 into and disbursements from the separate ac-
15 count.
16 (2) USES OF LOCAL CURRENCIES.—As may be
17 agreed upon with the foreign government, local cur-
18 rencies deposited in a separate account pursuant to
19 subsection (a), or an equivalent amount of local cur-
20 rencies, shall be used only—
21 (A) to carry out chapter 1 or 10 of part
22 I or chapter 4 of part II of the Foreign Assist-
23 ance Act of 1961 (as the case may be), for such
24 purposes as—
December 21, 2020 (12:59 p.m.)

1367
1 (i) project and sector assistance activi-
2 ties; or
3 (ii) debt and deficit financing; or
4 (B) for the administrative requirements of
5 the United States Government.
6 (3) PROGRAMMING ACCOUNTABILITY.—USAID
7 shall take all necessary steps to ensure that the

8 equivalent of the local currencies disbursed pursuant
9 to subsection (a)(2)(A) from the separate account
10 established pursuant to subsection (a)(1) are used
11 for the purposes agreed upon pursuant to subsection
12 (a)(2).
13 (4) TERMINATION OF ASSISTANCE PRO-
14 GRAMS.—Upon termination of assistance to a coun-

15 try under chapter 1 or 10 of part I or chapter 4 of
16 part II of the Foreign Assistance Act of 1961 (as
17 the case may be), any unencumbered balances of
18 funds which remain in a separate account estab-
19 lished pursuant to subsection (a) shall be disposed of
20 for such purposes as may be agreed to by the gov-
21 ernment of that country and the United States Gov-
22 ernment.
23 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
24 (1) IN GENERAL.—If assistance is made avail-
25 able to the government of a foreign country, under
December 21, 2020 (12:59 p.m.)

1368
1 chapter 1 or 10 of part I or chapter 4 of part II of
2 the Foreign Assistance Act of 1961, as cash transfer
3 assistance or as nonproject sector assistance, that
4 country shall be required to maintain such funds in
5 a separate account and not commingle with any
6 other funds.
7 (2) APPLICABILITY OF OTHER PROVISIONS OF
8 LAW.—Such funds may be obligated and expended

9 notwithstanding provisions of law which are incon-
10 sistent with the nature of this assistance including
11 provisions which are referenced in the Joint Explan-
12 atory Statement of the Committee of Conference ac-
13 companying House Joint Resolution 648 (House Re-
14 port No. 98–1159).
15 (3) NOTIFICATION.—At least 15 days prior to
16 obligating any such cash transfer or nonproject sec-
17 tor assistance, the President shall submit a notifica-
18 tion through the regular notification procedures of
19 the Committees on Appropriations, which shall in-
20 clude a detailed description of how the funds pro-
21 posed to be made available will be used, with a dis-
22 cussion of the United States interests that will be
23 served by such assistance (including, as appropriate,
24 a description of the economic policy reforms that will
25 be promoted by such assistance).
December 21, 2020 (12:59 p.m.)

1369
1 (4) EXEMPTION.—Nonproject sector assistance
2 funds may be exempt from the requirements of para-
3 graph (1) only through the regular notification pro-
4 cedures of the Committees on Appropriations.
5 ELIGIBILITY FOR ASSISTANCE
6 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN-

7 MENTAL ORGANIZATIONS.—Restrictions contained in this
8 or any other Act with respect to assistance for a country
9 shall not be construed to restrict assistance in support of
10 programs of nongovernmental organizations from funds
11 appropriated by this Act to carry out the provisions of
12 chapters 1, 10, 11, and 12 of part I and chapter 4 of
13 part II of the Foreign Assistance Act of 1961 and from
14 funds appropriated under the heading ‘‘Assistance for Eu-
15 rope, Eurasia and Central Asia’’: Provided, That before
16 using the authority of this subsection to furnish assistance
17 in support of programs of nongovernmental organizations,
18 the President shall notify the Committees on Appropria-
19 tions pursuant to the regular notification procedures, in-
20 cluding a description of the program to be assisted, the
21 assistance to be provided, and the reasons for furnishing
22 such assistance: Provided further, That nothing in this
23 subsection shall be construed to alter any existing statu-
24 tory prohibitions against abortion or involuntary steriliza-
25 tions contained in this or any other Act.
December 21, 2020 (12:59 p.m.)

1370
1 (b) PUBLIC LAW 480.—During fiscal year 2021, re-
2 strictions contained in this or any other Act with respect
3 to assistance for a country shall not be construed to re-
4 strict assistance under the Food for Peace Act (Public
5 Law 83–480; 7 U.S.C. 1721 et seq.): Provided, That none
6 of the funds appropriated to carry out title I of such Act
7 and made available pursuant to this subsection may be
8 obligated or expended except as provided through the reg-
9 ular notification procedures of the Committees on Appro-
10 priations.
11 (c) EXCEPTION.—This section shall not apply—
12 (1) with respect to section 620A of the Foreign
13 Assistance Act of 1961 or any comparable provision
14 of law prohibiting assistance to countries that sup-
15 port international terrorism; or
16 (2) with respect to section 116 of the Foreign
17 Assistance Act of 1961 or any comparable provision
18 of law prohibiting assistance to the government of a
19 country that violates internationally recognized
20 human rights.
21 LOCAL COMPETITION
22 SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO
23 COMPETITION FOR LOCAL ENTITIES.—Funds appro-

24 priated by this Act that are made available to the United
25 States Agency for International Development may only be
December 21, 2020 (12:59 p.m.)

1371
1 made available for limited competitions through local enti-
2 ties if—
3 (1) prior to the determination to limit competi-
4 tion to local entities, USAID has—
5 (A) assessed the level of local capacity to
6 effectively implement, manage, and account for
7 programs included in such competition; and
8 (B) documented the written results of the
9 assessment and decisions made; and
10 (2) prior to making an award after limiting
11 competition to local entities—
12 (A) each successful local entity has been
13 determined to be responsible in accordance with
14 USAID guidelines; and
15 (B) effective monitoring and evaluation
16 systems are in place to ensure that award fund-
17 ing is used for its intended purposes; and
18 (3) no level of acceptable fraud is assumed.
19 (b) EXTENSION OF PROCUREMENT AUTHORITY.—
20 Section 7077 of the Department of State, Foreign Oper-
21 ations, and Related Programs Appropriations Act, 2012
22 (division I of Public Law 112–74) shall continue in effect
December 21, 2020 (12:59 p.m.)

1372
1 INTERNATIONAL FINANCIAL INSTITUTIONS
2 SEC. 7029. (a) EVALUATIONS AND REPORT.—The

3 Secretary of the Treasury shall instruct the United States
4 executive director of each international financial institu-
5 tion to use the voice of the United States to encourage
6 such institution to adopt and implement a publicly avail-
7 able policy, including the strategic use of peer reviews and
8 external experts, to conduct independent, in-depth evalua-
9 tions of the effectiveness of at least 35 percent of all loans,
10 grants, programs, and significant analytical non-lending
11 activities in advancing the institution’s goals of reducing
12 poverty and promoting equitable economic growth, con-
13 sistent with relevant safeguards, to ensure that decisions
14 to support such loans, grants, programs, and activities are
15 based on accurate data and objective analysis: Provided,
16 That not later than 45 days after enactment of this Act,
17 the Secretary shall submit a report to the Committees on
18 Appropriations on steps taken in fiscal year 2020 by the
19 United States executive directors and the international fi-
20 nancial institutions consistent with this subsection com-
21 pared to the previous fiscal year.
22 (b) SAFEGUARDS.—
23 (1) STANDARD.—The Secretary of the Treasury
24 shall instruct the United States Executive Director
25 of the International Bank for Reconstruction and
December 21, 2020 (12:59 p.m.)

1373
1 Development and the International Development As-
2 sociation to use the voice and vote of the United
3 States to oppose any loan, grant, policy, or strategy
4 if such institution has adopted and is implementing
5 any social or environmental safeguard relevant to
6 such loan, grant, policy, or strategy that provides
7 less protection than World Bank safeguards in effect
8 on September 30, 2015.
9 (2) ACCOUNTABILITY, STANDARDS, AND BEST
10 PRACTICES.—The Secretary of the Treasury shall in-

11 struct the United States executive director of each
12 international financial institution to use the voice
13 and vote of the United States to oppose loans or
14 other financing for projects unless such projects—
15 (A) provide for accountability and trans-
16 parency, including the collection, verification,
17 and publication of beneficial ownership informa-
18 tion related to extractive industries and on-site
19 monitoring during the life of the project;
20 (B) will be developed and carried out in ac-
21 cordance with best practices regarding environ-
22 mental conservation, cultural protection, and
23 empowerment of local populations, including
24 free, prior and informed consent of affected in-
25 digenous communities;
December 21, 2020 (12:59 p.m.)

1374
1 (C) do not provide incentives for, or facili-
2 tate, forced displacement or other violations of
3 human rights; and
4 (D) do not partner with or otherwise in-
5 volve enterprises owned or controlled by the
6 armed forces.
7 (c) COMPENSATION.—None of the funds appro-
8 priated under title V of this Act may be made as payment
9 to any international financial institution while the United
10 States executive director to such institution is com-
11 pensated by the institution at a rate which, together with
12 whatever compensation such executive director receives
13 from the United States, is in excess of the rate provided
14 for an individual occupying a position at level IV of the
15 Executive Schedule under section 5315 of title 5, United
16 States Code, or while any alternate United States execu-
17 tive director to such institution is compensated by the in-
18 stitution at a rate in excess of the rate provided for an
19 individual occupying a position at level V of the Executive
20 Schedule under section 5316 of title 5, United States
21 Code.
22 (d) HUMAN RIGHTS.—The Secretary of the Treasury
23 shall instruct the United States executive director of each
24 international financial institution to use the voice and vote
25 of the United States to promote human rights due dili-
December 21, 2020 (12:59 p.m.)

1375
1 gence and risk management, as appropriate, in connection
2 with any loan, grant, policy, or strategy of such institution
3 in accordance with the requirements specified under this
4 subsection in House Report 116–444: Provided, That
5 prior to voting on any such loan, grant, policy, or strategy
6 the executive director shall consult with the Assistant Sec-
7 retary for Democracy, Human Rights, and Labor, Depart-
8 ment of State, if the executive director has reason to be-
9 lieve that such loan, grant, policy, or strategy could result
10 in forced displacement or other violations of human rights.
11 (e) FRAUD AND CORRUPTION.—The Secretary of the
12 Treasury shall instruct the United States executive direc-
13 tor of each international financial institution to use the
14 voice of the United States to include in loan, grant, and
15 other financing agreements improvements in borrowing
16 countries’ financial management and judicial capacity to
17 investigate, prosecute, and punish fraud and corruption.
18 (f) BENEFICIAL OWNERSHIP INFORMATION.—The
19 Secretary of the Treasury shall instruct the United States
20 executive director of each international financial institu-
21 tion to use the voice of the United States to encourage
22 such institution to collect, verify, and publish, to the max-
23 imum extent practicable, beneficial ownership information
24 (excluding proprietary information) for any corporation or
25 limited liability company, other than a publicly listed com-
December 21, 2020 (12:59 p.m.)

1376
1 pany, that receives funds from any such financial institu-
2 tion: Provided, That not later than 45 days after enact-
3 ment of this Act, the Secretary shall submit a report to
4 the Committees on Appropriations on steps taken in fiscal
5 year 2020 by the United States executive directors and
6 the international financial institutions consistent with this
7 subsection compared to the previous fiscal year.
8 (g) WHISTLEBLOWER PROTECTIONS.—The Secretary
9 of the Treasury shall instruct the United States executive
10 director of each international financial institution to use
11 the voice of the United States to encourage each such in-
12 stitution to effectively implement and enforce policies and
13 procedures which meet or exceed best practices in the
14 United States for the protection of whistleblowers from
15 retaliation, including—
16 (1) protection against retaliation for internal
17 and lawful public disclosure;
18 (2) legal burdens of proof;
19 (3) statutes of limitation for reporting retalia-
20 tion;
21 (4) access to binding independent adjudicative
22 bodies, including shared cost and selection external
23 arbitration; and
December 21, 2020 (12:59 p.m.)

1377
1 (5) results that eliminate the effects of proven
2 retaliation, including provision for the restoration of
3 prior employment.
4 INSECURE COMMUNICATIONS NETWORKS
5 SEC. 7030. Funds appropriated by this Act shall be

6 made available for programs, including through the Dig-
7 ital Connectivity and Cybersecurity Partnership, to—
8 (1) advance the adoption of secure, next-genera-
9 tion communications networks and services, includ-
10 ing 5G, and cybersecurity policies, in countries re-
11 ceiving assistance under this Act and prior Acts
12 making appropriations for the Department of State,
13 foreign operations, and related programs;
14 (2) counter the establishment of insecure com-
15 munications networks and services, including 5G,
16 promoted by the People’s Republic of China and
17 other state-backed enterprises that are subject to
18 undue or extrajudicial control by their country of or-
19 igin; and
20 (3) provide policy and technical training on de-
21 ploying open, interoperable, reliable, and secure net-
22 works to information communication technology pro-
23 fessionals in countries receiving assistance under
24 this Act, as appropriate:
December 21, 2020 (12:59 p.m.)

1378
1 Provided, That such funds may be used to support the
2 participation of foreign military officials in programs de-
3 signed to strengthen civilian cybersecurity capacity, fol-
4 lowing consultation with the Committees on Appropria-
5 tions.
6 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY
7 SEC. 7031. (a) LIMITATION ON DIRECT GOVERN-

8 MENT-TO-GOVERNMENT ASSISTANCE.—
9 (1) REQUIREMENTS.—Funds appropriated by
10 this Act may be made available for direct govern-
11 ment-to-government assistance only if the require-
12 ments included in section 7031(a)(1)(A) through (E)
13 of the Department of State, Foreign Operations, and
14 Related Programs Appropriations Act, 2019 (divi-
15 sion F of Public Law 116–6) are fully met.
16 (2) CONSULTATION AND NOTIFICATION.—In
17 addition to the requirements in paragraph (1), funds

18 may only be made available for direct government-
19 to-government assistance subject to prior consulta-
20 tion with, and the regular notification procedures of,
21 the Committees on Appropriations: Provided, That
22 such notification shall contain an explanation of how
23 the proposed activity meets the requirements of
24 paragraph (1): Provided further, That the require-
25 ments of this paragraph shall only apply to direct
December 21, 2020 (12:59 p.m.)

1379
1 government-to-government assistance in excess of
2 $10,000,000 and all funds available for cash trans-
3 fer, budget support, and cash payments to individ-
4 uals.
5 (3) SUSPENSION OF ASSISTANCE.—The Admin-
6 istrator of the United States Agency for Inter-
7 national Development or the Secretary of State, as
8 appropriate, shall suspend any direct government-to-
9 government assistance if the Administrator or the
10 Secretary has credible information of material mis-
11 use of such assistance, unless the Administrator or
12 the Secretary reports to the Committees on Appro-
13 priations that it is in the national interest of the
14 United States to continue such assistance, including
15 a justification, or that such misuse has been appro-
16 priately addressed.
17 (4) SUBMISSION OF INFORMATION.—The Sec-
18 retary of State shall submit to the Committees on
19 Appropriations, concurrent with the fiscal year 2022
20 congressional budget justification materials, amounts
21 planned for assistance described in paragraph (1) by
22 country, proposed funding amount, source of funds,
23 and type of assistance.
24 (5) DEBT SERVICE PAYMENT PROHIBITION.—
25 None of the funds made available by this Act may
December 21, 2020 (12:59 p.m.)

1380
1 be used by the government of any foreign country
2 for debt service payments owed by any country to
3 any international financial institution.
4 (b) NATIONAL BUDGET AND CONTRACT TRANS-
5 PARENCY.—
6 (1) MINIMUM REQUIREMENTS OF FISCAL
7 TRANSPARENCY.—The Secretary of State shall con-

8 tinue to update and strengthen the ‘‘minimum re-
9 quirements of fiscal transparency’’ for each govern-
10 ment receiving assistance appropriated by this Act,
11 as identified in the report required by section
12 7031(b) of the Department of State, Foreign Oper-
13 ations, and Related Programs Appropriations Act,
14 2014 (division K of Public Law 113–76).
15 (2) DETERMINATION AND REPORT.—For each
16 government identified pursuant to paragraph (1),
17 the Secretary of State, not later than 180 days after
18 enactment of this Act, shall make or update any de-
19 termination of ‘‘significant progress’’ or ‘‘no signifi-
20 cant progress’’ in meeting the minimum require-
21 ments of fiscal transparency, and make such deter-
22 minations publicly available in an annual ‘‘Fiscal
23 Transparency Report’’ to be posted on the Depart-
24 ment of State website: Provided, That such report
25 shall include the elements included under this sec-
December 21, 2020 (12:59 p.m.)

1381
1 tion in the explanatory statement described in sec-
2 tion 4 in the matter preceding division A of Public
3 Law 116–94.
4 (3) ASSISTANCE.—Not less than $7,000,000 of
5 the funds appropriated by this Act under the head-
6 ing ‘‘Economic Support Fund’’ shall be made avail-
7 able for programs and activities to assist govern-
8 ments identified pursuant to paragraph (1) to im-
9 prove budget transparency and to support civil soci-
10 ety organizations in such countries that promote
11 budget transparency.
12 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.—
13 (1) INELIGIBILITY.—
14 (A) Officials of foreign governments and
15 their immediate family members about whom
16 the Secretary of State has credible information
17 have been involved, directly or indirectly, in sig-
18 nificant corruption, including corruption related
19 to the extraction of natural resources, or a
20 gross violation of human rights, including the
21 wrongful detention of locally employed staff of
22 a United States diplomatic mission or a United
23 States citizen or national, shall be ineligible for
24 entry into the United States.
December 21, 2020 (12:59 p.m.)

1382
1 (B) The Secretary shall also publicly or
2 privately designate or identify the officials of
3 foreign governments and their immediate family
4 members about whom the Secretary has such
5 credible information without regard to whether
6 the individual has applied for a visa.
7 (2) EXCEPTION.—Individuals shall not be ineli-
8 gible for entry into the United States pursuant to
9 paragraph (1) if such entry would further important
10 United States law enforcement objectives or is nec-
11 essary to permit the United States to fulfill its obli-
12 gations under the United Nations Headquarters
13 Agreement: Provided, That nothing in paragraph (1)
14 shall be construed to derogate from United States
15 Government obligations under applicable inter-
16 national agreements.
17 (3) WAIVER.—The Secretary may waive the ap-
18 plication of paragraph (1) if the Secretary deter-
19 mines that the waiver would serve a compelling na-
20 tional interest or that the circumstances which
21 caused the individual to be ineligible have changed
22 sufficiently.
23 (4) REPORT.—Not later than 30 days after en-
24 actment of this Act, and every 90 days thereafter
25 until September 30, 2021, the Secretary of State
December 21, 2020 (12:59 p.m.)

1383
1 shall submit a report, including a classified annex if
2 necessary, to the appropriate congressional commit-
3 tees and the Committees on the Judiciary describing
4 the information related to corruption or violation of
5 human rights concerning each of the individuals
6 found ineligible in the previous 12 months pursuant
7 to paragraph (1)(A) as well as the individuals who
8 the Secretary designated or identified pursuant to
9 paragraph (1)(B), or who would be ineligible but for
10 the application of paragraph (2), a list of any waiv-
11 ers provided under paragraph (3), and the justifica-
12 tion for each waiver.
13 (5) POSTING OF REPORT.—Any unclassified
14 portion of the report required under paragraph (4)
15 shall be posted on the Department of State website.
16 (6) CLARIFICATION.—For purposes of para-
17 graphs (1), (4), and (5), the records of the Depart-
18 ment of State and of diplomatic and consular offices
19 of the United States pertaining to the issuance or
20 refusal of visas or permits to enter the United
21 States shall not be considered confidential.
22 (d) EXTRACTION OF NATURAL RESOURCES.—
23 (1) ASSISTANCE.—Funds appropriated by this
24 Act shall be made available to promote and support
25 transparency and accountability of expenditures and
December 21, 2020 (12:59 p.m.)

1384
1 revenues related to the extraction of natural re-
2 sources, including by strengthening implementation
3 and monitoring of the Extractive Industries Trans-
4 parency Initiative, implementing and enforcing sec-
5 tion 8204 of the Food, Conservation, and Energy
6 Act of 2008 (Public Law 110–246; 122 Stat. 2052)
7 and the amendments made by such section, and to
8 prevent the sale of conflict diamonds, and provide
9 technical assistance to promote independent audit
10 mechanisms and support civil society participation in
11 natural resource management.
12 (2) PUBLIC DISCLOSURE AND INDEPENDENT
13 AUDITS.—(A) The Secretary of the Treasury shall

14 instruct the executive director of each international
15 financial institution that it is the policy of the
16 United States to use the voice and vote of the
17 United States to oppose any assistance by such in-
18 stitutions (including any loan, credit, grant, or guar-
19 antee) to any country for the extraction and export
20 of a natural resource if the government of such
21 country has in place laws, regulations, or procedures
22 to prevent or limit the public disclosure of company
23 payments as required by United States law, and un-
24 less such government has adopted laws, regulations,
25 or procedures in the sector in which assistance is
December 21, 2020 (12:59 p.m.)

1385
1 being considered to meet the standards included
2 under this section in the explanatory statement de-
3 scribed in section 4 in the matter preceding division
4 A of Public Law 116–94.
5 (B) The requirements of subparagraph (A)
6 shall not apply to assistance for the purpose of
7 building the capacity of such government to meet
8 the requirements of such subparagraph.
9 (e) FOREIGN ASSISTANCE WEBSITE.—Funds appro-
10 priated by this Act under titles I and II, and funds made
11 available for any independent agency in title III, as appro-
12 priate, shall be made available to support the provision
13 of additional information on United States Government
14 foreign assistance on the ‘‘ForeignAssistance.gov’’
15 website: Provided, That all Federal agencies funded under
16 this Act shall provide such information on foreign assist-
17 ance, upon request and in a timely manner, to the Depart-
18 ment of State and USAID.
19 DEMOCRACY PROGRAMS
20 SEC. 7032. (a) FUNDING.—

21 (1) IN GENERAL.—Of the funds appropriated
22 by this Act under the headings ‘‘Development As-
23 sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy
24 Fund’’, ‘‘Assistance for Europe, Eurasia and Cen-
25 tral Asia’’, and ‘‘International Narcotics Control and
December 21, 2020 (12:59 p.m.)

1386
1 Law Enforcement’’, not less than $2,417,000,000
2 shall be made available for democracy programs.
3 (2) PROGRAMS.—Of the funds made available
4 for democracy programs under the headings ‘‘Eco-
5 nomic Support Fund’’ and ‘‘Assistance for Europe,
6 Eurasia and Central Asia’’ pursuant to paragraph
7 (1), not less than $102,040,000 shall be made avail-
8 able to the Bureau of Democracy, Human Rights,
9 and Labor, Department of State, at not less than
10 the amounts specified for certain countries and re-
11 gional programs designated in the table under this
12 section in the explanatory statement described in
14 consolidated Act).
15 (b) AUTHORITIES.—
16 (1) AVAILABILITY.—Funds made available by
17 this Act for democracy programs pursuant to sub-
18 section (a) and under the heading ‘‘National Endow-
19 ment for Democracy’’ may be made available not-
20 withstanding any other provision of law, and with
21 regard to the National Endowment for Democracy
22 (NED), any regulation.
23 (2) BENEFICIARIES.—Funds made available by
24 this Act for the NED are made available pursuant
25 to the authority of the National Endowment for De-
December 21, 2020 (12:59 p.m.)

1387
1 mocracy Act (title V of Public Law 98–164), includ-
2 ing all decisions regarding the selection of bene-
3 ficiaries.
4 (c) DEFINITION OF DEMOCRACY PROGRAMS.—For
5 purposes of funds appropriated by this Act, the term ‘‘de-
6 mocracy programs’’ means programs that support good
7 governance, credible and competitive elections, freedom of
8 expression, association, assembly, and religion, human
9 rights, labor rights, independent media, and the rule of
10 law, and that otherwise strengthen the capacity of demo-
11 cratic political parties, governments, nongovernmental or-
12 ganizations and institutions, and citizens to support the
13 development of democratic states and institutions that are
14 responsive and accountable to citizens.
15 (d) PROGRAM PRIORITIZATION.—Funds made avail-
16 able pursuant to this section that are made available for
17 programs to strengthen government institutions shall be
18 prioritized for those institutions that demonstrate a com-
19 mitment to democracy and the rule of law.
20 (e) RESTRICTION ON PRIOR APPROVAL.—With re-
21 spect to the provision of assistance for democracy pro-
22 grams in this Act, the organizations implementing such
23 assistance, the specific nature of that assistance, and the
24 participants in such programs shall not be subject to the
25 prior approval by the government of any foreign country:
December 21, 2020 (12:59 p.m.)

1388
1 Provided, That the Secretary of State, in coordination
2 with the Administrator of the United States Agency for
3 International Development, shall report to the Committees
4 on Appropriations, not later than 120 days after enact-
5 ment of this Act, detailing steps taken by the Department
6 of State and USAID to comply with the requirements of
7 this subsection.
8 (f) CONTINUATION OF CURRENT PRACTICES.—
9 USAID shall continue to implement civil society and polit-
10 ical competition and consensus building programs abroad
11 with funds appropriated by this Act in a manner that rec-
12 ognizes the unique benefits of grants and cooperative
13 agreements in implementing such programs.
14 (g) INFORMING THE NATIONAL ENDOWMENT FOR
15 DEMOCRACY.—The Assistant Secretary for Democracy,

16 Human Rights, and Labor, Department of State, and the
17 Assistant Administrator for Democracy, Conflict, and Hu-
18 manitarian Assistance, USAID, shall regularly inform the
19 NED of democracy programs that are planned and sup-
20 ported by funds made available by this Act and prior Acts
22 eign operations, and related programs.
23 (h) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND
24 JOURNALISTS.—Of the funds appropriated by this Act

25 under the headings ‘‘Economic Support Fund’’ and ‘‘De-
December 21, 2020 (12:59 p.m.)

1389
1 mocracy Fund’’, not less than $25,000,000 shall be made
2 available to support and protect civil society activists and
3 journalists who have been threatened, harassed, or at-
4 tacked, including journalists affiliated with the United
5 States Agency for Global Media, consistent with the action
6 plan required under this section in the explanatory state-
8 sion A of this consolidated Act), and on the same terms
9 and conditions of section 7032(i) of the Department of
11 priations Act, 2018 (division K of Public Law 115–141).
12 (i) INTERNATIONAL FREEDOM OF EXPRESSION.—
13 (1) OPERATIONS.—Funds appropriated by this
14 Act under the heading ‘‘Diplomatic Programs’’ shall
15 be made available for the Bureau of Democracy,
16 Human Rights, and Labor, Department of State, for
17 the costs of administering programs designed to pro-
18 mote and defend freedom of expression and the inde-
19 pendence of the media in countries where such free-
20 dom and independence are restricted or denied.
21 (2) ASSISTANCE.—Of the funds appropriated by
22 this Act under the heading ‘‘Economic Support
23 Fund’’, not less than $15,000,000 shall be made
24 available for programs that promote and defend
25 freedom of expression and the independence of the
December 21, 2020 (12:59 p.m.)

1390
1 media abroad: Provided, That such funds are in ad-
2 dition to funds otherwise made available by this Act
3 for such purposes, and are intended to complement
4 emergency and safety programs for civil society, in-
5 cluding journalists and media outlets at risk: Pro-
6 vided further, That such funds shall be subject to
7 prior consultation with, and the regular notification
8 procedures of, the Committees on Appropriations.
9 INTERNATIONAL RELIGIOUS FREEDOM
10 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREE-

11 DOM OFFICE.—Funds appropriated by this Act under the
12 heading ‘‘Diplomatic Programs’’ shall be made available
13 for the Office of International Religious Freedom, Depart-
14 ment of State, including for support staff, at not less than
15 the amounts specified for such office in the table under
16 such heading in the explanatory statement described in
18 solidated Act).
19 (b) ASSISTANCE.—Funds appropriated by this Act
20 under the headings ‘‘Economic Support Fund’’, ‘‘Democ-
21 racy Fund’’, and ‘‘International Broadcasting Operations’’
22 shall be made available for international religious freedom
23 programs and funds appropriated by this Act under the
24 headings ‘‘International Disaster Assistance’’ and ‘‘Migra-
25 tion and Refugee Assistance’’ shall be made available for
December 21, 2020 (12:59 p.m.)

1391
1 humanitarian assistance for vulnerable and persecuted re-
2 ligious minorities: Provided, That funds made available by
3 this Act under the headings ‘‘Economic Support Fund’’
4 and ‘‘Democracy Fund’’ pursuant to this section shall be
5 the responsibility of the Ambassador-at-Large for Inter-
6 national Religious Freedom, in consultation with other rel-
7 evant United States Government officials, and shall be
8 subject to prior consultation with the Committees on Ap-
9 propriations.
10 (c) AUTHORITY.—Funds appropriated by this Act
11 and prior Acts making appropriations for the Department
12 of State, foreign operations, and related programs under
13 the heading ‘‘Economic Support Fund’’ may be made
14 available notwithstanding any other provision of law for
15 assistance for ethnic and religious minorities in Iraq and
16 Syria.
17 (d) DESIGNATION OF NON-STATE ACTORS.—Section
18 7033(e) of the Department of State, Foreign Operations,
19 and Related Programs Appropriations Act, 2017 (division
20 J of Public Law 115–31) shall continue in effect during
21 fiscal year 2021.
22 SPECIAL PROVISIONS
23 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL-

24 DREN, AND DISPLACED BURMESE.—Funds appropriated
25 in title III of this Act that are made available for victims
December 21, 2020 (12:59 p.m.)

1392
1 of war, displaced children, displaced Burmese, and to com-
2 bat trafficking in persons and assist victims of such traf-
3 ficking, may be made available notwithstanding any other
4 provision of law.
5 (b) FORENSIC ASSISTANCE.—
6 (1) Of the funds appropriated by this Act under
7 the heading ‘‘Economic Support Fund’’, not less
8 than $15,500,000 shall be made available for foren-
9 sic anthropology assistance related to the exhuma-
10 tion and identification of victims of war crimes,
11 crimes against humanity, and genocide, including in
12 Central America, which shall be administered by the
13 Assistant Secretary for Democracy, Human Rights,
14 and Labor, Department of State: Provided, That
15 such funds shall be in addition to funds made avail-
16 able by this Act and prior Acts making appropria-
18 ations, and related programs for assistance for coun-
19 tries.
21 the heading ‘‘International Narcotics Control and
22 Law Enforcement’’, not less than $10,000,000 shall
23 be made available for DNA forensic technology pro-
24 grams to combat human trafficking in Central
25 America and Mexico.
December 21, 2020 (12:59 p.m.)

1393
1 (c) ATROCITIES PREVENTION.—Of the funds appro-
2 priated by this Act under the headings ‘‘Economic Sup-
3 port Fund’’ and ‘‘International Narcotics Control and
4 Law Enforcement’’, not less than $5,000,000 shall be
5 made available for programs to prevent atrocities, includ-
6 ing to implement recommendations of the Atrocities Pre-
7 vention Board: Provided, That funds made available pur-
8 suant to this subsection are in addition to amounts other-
9 wise made available for such purposes: Provided further,
10 That such funds shall be subject to the regular notification
11 procedures of the Committees on Appropriations.
12 (d) WORLD FOOD PROGRAMME.—Funds managed by
13 the Bureau for Humanitarian Assistance, United States
14 Agency for International Development, from this or any
15 other Act, may be made available as a general contribution
16 to the World Food Programme, notwithstanding any other
17 provision of law.
18 (e) DIRECTIVES AND AUTHORITIES.—
19 (1) RESEARCH AND TRAINING.—Funds appro-
20 priated by this Act under the heading ‘‘Assistance
21 for Europe, Eurasia and Central Asia’’ shall be
22 made available to carry out the Program for Re-
23 search and Training on Eastern Europe and the
24 Independent States of the Former Soviet Union as
December 21, 2020 (12:59 p.m.)

1394
1 authorized by the Soviet-Eastern European Research
2 and Training Act of 1983 (22 U.S.C. 4501 et seq.).
3 (2) GENOCIDE VICTIMS MEMORIAL SITES.—
4 Funds appropriated by this Act and prior Acts mak-

5 ing appropriations for the Department of State, for-
6 eign operations, and related programs under the
7 headings ‘‘Economic Support Fund’’ and ‘‘Assist-
8 ance for Europe, Eurasia and Central Asia’’ may be
9 made available as contributions to establish and
10 maintain memorial sites of genocide, subject to the
11 regular notification procedures of the Committees on
12 Appropriations.
13 (3) PRIVATE SECTOR PARTNERSHIPS.—Of the
14 funds appropriated by this Act under the headings
15 ‘‘Development Assistance’’ and ‘‘Economic Support
16 Fund’’ that are made available for private sector
17 partnerships, up to $50,000,000 may remain avail-
18 able until September 30, 2023: Provided, That funds
19 made available pursuant to this paragraph may only
20 be made available following prior consultation with
21 the appropriate congressional committees, and the
23 Appropriations.
24 (4) ADDITIONAL AUTHORITIES.—Of the
25 amounts made available by title I of this Act under
December 21, 2020 (12:59 p.m.)

1395
1 the heading ‘‘Diplomatic Programs’’, up to $500,000
2 may be made available for grants pursuant to sec-
3 tion 504 of the Foreign Relations Authorization Act,
4 Fiscal Year 1979 (22 U.S.C. 2656d), including to
5 facilitate collaboration with indigenous communities,
6 and up to $1,000,000 may be made available for
7 grants to carry out the activities of the Cultural An-
8 tiquities Task Force.
9 (5) INNOVATION.—The USAID Administrator
10 may use funds appropriated by this Act under title
11 III to make innovation incentive awards in accord-
12 ance with the terms and conditions of section
13 7034(e)(4) of the Department of State, Foreign Op-
14 erations, and Related Programs Appropriations Act,
15 2019 (division F of Public Law 116–6): Provided,
16 That each individual award may not exceed
17 $100,000: Provided further, That no more than 15
18 such awards may be made during fiscal year 2021.
19 (6) EXCHANGE VISITOR PROGRAM.—None of
20 the funds made available by this Act may be used
21 to modify the Exchange Visitor Program adminis-
22 tered by the Department of State to implement the
23 Mutual Educational and Cultural Exchange Act of
24 1961 (Public Law 87–256; 22 U.S.C. 2451 et seq.),
25 except through the formal rulemaking process pursu-
December 21, 2020 (12:59 p.m.)

1396
1 ant to the Administrative Procedure Act (5 U.S.C.
2 551 et seq.) and notwithstanding the exceptions to
3 such rulemaking process in such Act: Provided, That
4 funds made available for such purpose shall only be
5 made available after consultation with, and subject
6 to the regular notification procedures of, the Com-
7 mittees on Appropriations, regarding how any pro-
8 posed modification would affect the public diplomacy
9 goals of, and the estimated economic impact on, the
10 United States: Provided further, That such consulta-
11 tion shall take place not later than 30 days prior to
12 the publication in the Federal Register of any regu-
13 latory action modifying the Exchange Visitor Pro-
14 gram.
15 (f) PARTNER VETTING.—Prior to initiating a partner
16 vetting program, or making a significant change to the
17 scope of an existing partner vetting program, the Sec-
18 retary of State and USAID Administrator, as appropriate,
19 shall consult with the Committees on Appropriations: Pro-
20 vided, That the Secretary and the Administrator shall pro-
21 vide a direct vetting option for prime awardees in any
22 partner vetting program initiated or significantly modified
23 after the date of enactment of this Act, unless the Sec-
24 retary of State or USAID Administrator, as applicable,
25 informs the Committees on Appropriations on a case-by-
December 21, 2020 (12:59 p.m.)

1397
1 case basis that a direct vetting option is not feasible for
2 such program.
3 (g) CONTINGENCIES.—During fiscal year 2021, the
4 President may use up to $125,000,000 under the author-
5 ity of section 451 of the Foreign Assistance Act of 1961,
6 notwithstanding any other provision of law.
7 (h) INTERNATIONAL CHILD ABDUCTIONS.—The Sec-
8 retary of State should withhold funds appropriated under
9 title III of this Act for assistance for the central govern-
10 ment of any country that is not taking appropriate steps
11 to comply with the Convention on the Civil Aspects of
12 International Child Abductions, done at the Hague on Oc-
13 tober 25, 1980: Provided, That the Secretary shall report
14 to the Committees on Appropriations within 15 days of
15 withholding funds under this subsection.
16 (i) TRANSFER OF FUNDS FOR EXTRAORDINARY PRO-
17 TECTION.—The Secretary of State may transfer to, and
18 merge with, funds under the heading ‘‘Protection of For-
19 eign Missions and Officials’’ unobligated balances of ex-
20 pired funds appropriated under the heading ‘‘Diplomatic
21 Programs’’ for fiscal year 2021, except for funds des-
22 ignated for Overseas Contingency Operations/Global War
23 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
25 1985, at no later than the end of the fifth fiscal year after
December 21, 2020 (12:59 p.m.)

1398
1 the last fiscal year for which such funds are available for
2 the purposes for which appropriated: Provided, That not
3 more than $50,000,000 may be transferred.
4 (j) AUTHORITY.—Funds made available by this Act
5 under the heading ‘‘Economic Support Fund’’ to counter
6 extremism may be made available notwithstanding any
7 other provision of law restricting assistance to foreign
8 countries, except sections 502B, 620A, and 620M of the
9 Foreign Assistance Act of 1961: Provided, That the use
10 of the authority of this subsection shall be subject to prior
11 consultation with the appropriate congressional commit-
12 tees and the regular notification procedures of the Com-
14 (k) PROTECTIONS AND REMEDIES FOR EMPLOYEES
15 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI-
16 ZATIONS.—The terms and conditions of section 7034(k)
17 of the Department of State, Foreign Operations, and Re-
18 lated Programs Appropriations Act, 2020 (division G of
19 Public Law 116–94) shall continue in effect during fiscal
20 year 2021.
21 (l) EXTENSION OF AUTHORITIES.—
22 (1) PASSPORT FEES.—Section 1(b)(2) of the
23 Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2))
24 shall be applied by substituting ‘‘September 30,
25 2021’’ for ‘‘September 30, 2010’’.
December 21, 2020 (12:59 p.m.)

1399
1 (2) INCENTIVES FOR CRITICAL POSTS.—The
2 authority contained in section 1115(d) of the Sup-

3 plemental Appropriations Act, 2009 (Public Law
4 111–32) shall remain in effect through September
5 30, 2021.
6 (3) USAID CIVIL SERVICE ANNUITANT WAIV-
7 ER.—Section 625(j)(1) of the Foreign Assistance

8 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied
9 by substituting ‘‘September 30, 2021’’ for ‘‘October
10 1, 2010’’ in subparagraph (B).
11 (4) OVERSEAS PAY COMPARABILITY AND LIMI-
12 TATION.—(A) Subject to the limitation described in

13 subparagraph (B), the authority provided by section
14 1113 of the Supplemental Appropriations Act, 2009
15 (Public Law 111–32) shall remain in effect through
17 (B) The authority described in subparagraph
18 (A) may not be used to pay an eligible member of
19 the Foreign Service (as defined in section 1113(b) of
20 the Supplemental Appropriations Act, 2009 (Public
21 Law 111–32)) a locality-based comparability pay-
22 ment (stated as a percentage) that exceeds two-
23 thirds of the amount of the locality-based com-
24 parability payment (stated as a percentage) that
25 would be payable to such member under section
December 21, 2020 (12:59 p.m.)

1400
1 5304 of title 5, United States Code, if such mem-
2 ber’s official duty station were in the District of Co-
3 lumbia.
4 (5) CATEGORICAL ELIGIBILITY.—The Foreign
5 Operations, Export Financing, and Related Pro-
6 grams Appropriations Act, 1990 (Public Law 101–
7 167) is amended—
8 (A) in section 599D (8 U.S.C. 1157
9 note)—
10 (i) in subsection (b)(3), by striking
11 ‘‘and 2020’’ and inserting ‘‘2020, and
12 2021’’; and
13 (ii) in subsection (e), by striking
14 ‘‘2020’’ each place it appears and inserting
15 ‘‘2021’’; and
16 (B) in section 599E(b)(2) (8 U.S.C. 1255
17 note), by striking ‘‘2020’’ and inserting
18 ‘‘2021’’.
19 (6) INSPECTOR GENERAL ANNUITANT WAIV-
20 ER.—The authorities provided in section 1015(b) of

21 the Supplemental Appropriations Act, 2010 (Public
22 Law 111–212) shall remain in effect through Sep-
23 tember 30, 2021, and may be used to facilitate the
24 assignment of persons for oversight of programs in
December 21, 2020 (12:59 p.m.)

1401
1 Syria, South Sudan, Yemen, Somalia, and Ven-
2 ezuela.
3 (7) ACCOUNTABILITY REVIEW BOARDS.—The
4 authority provided by section 301(a)(3) of the Omni-

5 bus Diplomatic Security and Antiterrorism Act of
6 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect
7 for facilities in Afghanistan through September 30,
8 2021, except that the notification and reporting re-
9 quirements contained in such section shall include
11 (8) SPECIAL INSPECTOR GENERAL FOR AF-
12 GHANISTAN RECONSTRUCTION COMPETITIVE STA-
13 TUS.—Notwithstanding any other provision of law,

14 any employee of the Special Inspector General for
15 Afghanistan Reconstruction (SIGAR) who completes
16 at least 12 months of continuous service after enact-
17 ment of this Act or who is employed on the date on
18 which SIGAR terminates, whichever occurs first,
19 shall acquire competitive status for appointment to
20 any position in the competitive service for which the
21 employee possesses the required qualifications.
22 (9) TRANSFER OF BALANCES.—Section 7081(h)
23 of the Department of State, Foreign Operations, and
24 Related Programs Appropriations Act, 2017 (divi-
December 21, 2020 (12:59 p.m.)

1402
1 sion J of Public Law 115–31) shall continue in ef-
2 fect during fiscal year 2021.
3 (10) DEPARTMENT OF STATE INSPECTOR GEN-
4 ERAL WAIVER AUTHORITY.—The Inspector General

5 of the Department of State may waive the provisions
6 of subsections (a) through (d) of section 824 of the
7 Foreign Service Act of 1980 (22 U.S.C. 4064) on a
8 case-by-case basis for an annuitant reemployed by
9 the Inspector General on a temporary basis, subject
10 to the same constraints and in the same manner by
11 which the Secretary of State may exercise such waiv-
12 er authority pursuant to subsection (g) of such sec-
13 tion.
14 (11) AFGHAN ALLIES.—Section 602(b)(3)(F) of
15 the Afghan Allies Protection Act of 2009 (8 U.S.C.
16 1101 note) is amended—
17 (A) in the heading, by striking ‘‘2015
18 THROUGH 2020’’ and inserting ‘‘2015 THROUGH
19 2021’’;
20 (B) in the matter preceding clause (i), in

21 the first sentence, by striking ‘‘shall’’ and all
22 that follows through the period at the end, and
23 inserting ‘‘shall not exceed 26,500.’’; and
December 21, 2020 (12:59 p.m.)

1403
1 (C) in clauses (i) and (ii), by striking ‘‘De-
2 cember 31, 2021’’ and inserting ‘‘December 31,
3 2022’’.
4 (m) MONITORING AND EVALUATION.—
5 (1) BENEFICIARY FEEDBACK.—Funds appro-
6 priated by this Act that are made available for moni-
7 toring and evaluation of assistance under the head-
8 ings ‘‘Development Assistance’’, ‘‘International Dis-
9 aster Assistance’’, and ‘‘Migration and Refugee As-
10 sistance’’ shall be made available for the regular and
11 systematic collection of feedback obtained directly
12 from beneficiaries to enhance the quality and rel-
13 evance of such assistance: Provided, That the De-
14 partment of State and USAID shall establish, and
15 post on their respective websites, updated procedures
16 for implementing partners that receive funds under
17 such headings for regularly and systematically col-
18 lecting and responding to such feedback, including
19 guidelines for the reporting on actions taken in re-
20 sponse to the feedback received: Provided further,
21 That the Department of State and USAID shall reg-
22 ularly conduct oversight to ensure that such feed-
23 back is regularly collected and used by implementing
24 partners to maximize the cost-effectiveness and util-
25 ity of such assistance.
December 21, 2020 (12:59 p.m.)

1404
1 (2) EX-POST EVALUATIONS.—Of the funds ap-
2 propriated by this Act under titles III and IV, not
3 less than $10,000,000 shall be made available for
4 ex-post evaluations consistent with the requirements
5 under this heading in the explanatory statement de-
6 scribed in section 4 (in the matter preceding division
8 (n) HIV/AIDS WORKING CAPITAL FUND.—Funds
9 available in the HIV/AIDS Working Capital Fund estab-
10 lished pursuant to section 525(b)(1) of the Foreign Oper-
11 ations, Export Financing, and Related Programs Appro-
12 priations Act, 2005 (Public Law 108–447) may be made
13 available for pharmaceuticals and other products for child
14 survival, malaria, tuberculosis, and emerging infectious
15 diseases to the same extent as HIV/AIDS pharmaceuticals
16 and other products, subject to the terms and conditions
17 in such section: Provided, That the authority in section
18 525(b)(5) of the Foreign Operations, Export Financing,
19 and Related Programs Appropriation Act, 2005 (Public
20 Law 108–447) shall be exercised by the Assistant Admin-
21 istrator for Global Health, USAID, with respect to funds
22 deposited for such non-HIV/AIDS pharmaceuticals and
23 other products, and shall be subject to the regular notifica-
24 tion procedures of the Committees on Appropriations: Pro-
25 vided further, That the Secretary of State shall include
December 21, 2020 (12:59 p.m.)

1405
1 in the congressional budget justification an accounting of
2 budgetary resources, disbursements, balances, and reim-
3 bursements related to such fund.
4 (o) LOANS, CONSULTATION, AND NOTIFICATION.—
5 (1) LOAN GUARANTEES.—Funds appropriated
6 under the headings ‘‘Economic Support Fund’’ and
7 ‘‘Assistance for Europe, Eurasia and Central Asia’’
8 by this Act and prior Acts making appropriations
9 for the Department of State, foreign operations, and
10 related programs may be made available for the
11 costs, as defined in section 502 of the Congressional
12 Budget Act of 1974, of loan guarantees for Egypt,
13 Jordan, Tunisia, and Ukraine, which are authorized
14 to be provided: Provided, That amounts made avail-
15 able under this paragraph for the costs of such
16 guarantees shall not be considered assistance for the
17 purposes of provisions of law limiting assistance to
18 a country.
19 (2) FOREIGN MILITARY FINANCING DIRECT
20 LOANS.—During fiscal year 2021, direct loans under

21 section 23 of the Arms Export Control Act may be
22 made available for Jordan, notwithstanding section
23 23(c)(1) of the Arms Export Control Act, gross obli-
24 gations for the principal amounts of which shall not
25 exceed $4,000,000,000: Provided, That funds appro-
December 21, 2020 (12:59 p.m.)

1406
1 priated under the heading ‘‘Foreign Military Financ-
2 ing Program’’ in this Act and prior Acts making ap-
4 operations, and related programs may be made
5 available for the costs, as defined in section 502 of
6 the Congressional Budget Act of 1974, of such
7 loans: Provided further, That such costs, including
8 the cost of modifying such loans, shall be as defined
9 in section 502 of the Congressional Budget Act of
10 1974 and may include the costs of selling, reducing,
11 or cancelling any amounts owed to the United States
12 or any agency of the United States: Provided fur-
13 ther, That the Government of the United States may
14 charge fees for such loans, which shall be collected
15 from borrowers in accordance with section 502(7) of
16 the Congressional Budget Act of 1974: Provided fur-
17 ther, That no funds made available to the North At-
18 lantic Treaty Organization (NATO) or major non-
19 NATO allies by this or any other appropriations Act
20 for this fiscal year or prior fiscal years may be used
21 for payment of any fees associated with such loans:
22 Provided further, That such loans shall be repaid in
23 not more than 12 years, including a grace period of
24 up to one year on repayment of principal: Provided
25 further, That notwithstanding section 23(c)(1) of the
December 21, 2020 (12:59 p.m.)

1407
1 Arms Export Control Act, interest for such loans
2 may be charged at a rate determined by the Sec-
3 retary of State, except that such rate may not be
4 less than the prevailing interest rate on marketable
5 Treasury securities of similar maturity: Provided
6 further, That amounts made available under this
7 paragraph for such costs shall not be considered as-
8 sistance for the purposes of provisions of law lim-
9 iting assistance to a country.
10 (3) FOREIGN MILITARY FINANCING LOAN GUAR-
11 ANTEES.—Funds appropriated under the heading

12 ‘‘Foreign Military Financing Program’’ in this Act
13 and prior Acts making appropriations for the De-
14 partment of State, foreign operations, and related
15 programs may be made available, notwithstanding
16 the third proviso under such heading, for the costs
17 of loan guarantees under section 24 of the Arms Ex-
18 port Control Act for Jordan, which are authorized to
19 be provided: Provided, That such funds are available
20 to subsidize gross obligations for the principal
21 amount of commercial loans, and total loan prin-
22 cipal, any part of which is to be guaranteed, not to
23 exceed $4,000,000,000: Provided further, That no
24 loan guarantee with respect to any one borrower
25 may exceed 80 percent of the loan principal: Pro-
December 21, 2020 (12:59 p.m.)

1408
1 vided further, That any loan guaranteed under this
2 paragraph may not be subordinated to another debt
3 contracted by the borrower or to any other claims
4 against the borrower in the case of default: Provided
5 further, That repayment in United States dollars of
6 any loan guaranteed under this paragraph shall be
7 required within a period not to exceed 12 years after
8 the loan agreement is signed: Provided further, That
9 the Government of the United States may charge
10 fees for such loan guarantees, as may be determined,
11 notwithstanding section 24 of the Arms Export Con-
12 trol Act, which shall be collected from borrowers or
13 third parties on behalf of such borrowers in accord-
14 ance with section 502(7) of the Congressional Budg-
15 et Act of 1974: Provided further, That amounts
16 made available under this paragraph for the costs of
17 such guarantees shall not be considered assistance
18 for the purposes of provisions of law limiting assist-
19 ance to a country.
20 (4) DESIGNATION REQUIREMENT.—Funds
21 made available pursuant to paragraphs (1) through

22 (3) from prior Acts making appropriations for the
23 Department of State, foreign operations, and related
24 programs that were previously designated by the
25 Congress for Overseas Contingency Operations/Glob-
December 21, 2020 (12:59 p.m.)

1409
1 al War on Terrorism pursuant to section
2 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
3 gency Deficit Control Act of 1985 are designated by
4 the Congress for Overseas Contingency Operations/
6 251(b)(2)(A)(ii) of such Act.
7 (5) CONSULTATION AND NOTIFICATION.—
8 Funds made available pursuant to the authorities of

9 this subsection shall be subject to prior consultation
10 with the appropriate congressional committees and
11 the regular notification procedures of the Commit-
12 tees on Appropriations.
13 (p) LOCAL WORKS.—
14 (1) FUNDING.—Of the funds appropriated by
15 this Act under the headings ‘‘Development Assist-
16 ance’’ and ‘‘Economic Support Fund’’, not less than
17 $55,000,000 shall be made available for Local
18 Works pursuant to section 7080 of the Department
19 of State, Foreign Operations, and Related Programs
20 Appropriations Act, 2015 (division J of Public Law
21 113–235), which may remain available until Sep-
22 tember 30, 2025.
23 (2) ELIGIBLE ENTITIES.—For the purposes of
24 section 7080 of the Department of State, Foreign
25 Operations, and Related Programs Appropriations
December 21, 2020 (12:59 p.m.)

1410
1 Act, 2015 (division J of Public Law 113–235), ‘‘eli-
2 gible entities’’ shall be defined as small local, inter-
3 national, and United States-based nongovernmental
4 organizations, educational institutions, and other
5 small entities that have received less than a total of
6 $5,000,000 from USAID over the previous 5 fiscal
7 years: Provided, That departments or centers of
8 such educational institutions may be considered indi-
9 vidually in determining such eligibility.
10 (q) DEFINITIONS.—
11 (1) APPROPRIATE CONGRESSIONAL COMMIT-
12 TEES.—Unless otherwise defined in this Act, for

13 purposes of this Act the term ‘‘appropriate congres-
14 sional committees’’ means the Committees on Appro-
15 priations and Foreign Relations of the Senate and
16 the Committees on Appropriations and Foreign Af-
17 fairs of the House of Representatives.
18 (2) FUNDS APPROPRIATED BY THIS ACT AND
19 PRIOR ACTS.—Unless otherwise defined in this Act,

20 for purposes of this Act the term ‘‘funds appro-
21 priated by this Act and prior Acts making appro-
22 priations for the Department of State, foreign oper-
23 ations, and related programs’’ means funds that re-
24 main available for obligation, and have not expired.
December 21, 2020 (12:59 p.m.)

1411
1 (3) INTERNATIONAL FINANCIAL INSTITU-
2 TIONS.—In this Act ‘‘international financial institu-

3 tions’’ means the International Bank for Recon-
4 struction and Development, the International Devel-
5 opment Association, the International Finance Cor-
6 poration, the Inter-American Development Bank, the
7 International Monetary Fund, the International
8 Fund for Agricultural Development, the Asian De-
9 velopment Bank, the Asian Development Fund, the
10 Inter-American Investment Corporation, the North
11 American Development Bank, the European Bank
12 for Reconstruction and Development, the African
13 Development Bank, the African Development Fund,
14 and the Multilateral Investment Guarantee Agency.
15 (4) SPEND PLAN.—In this Act, the term
16 ‘‘spend plan’’ means a plan for the uses of funds ap-
17 propriated for a particular entity, country, program,
18 purpose, or account and which shall include, at a
19 minimum, a description of—
20 (A) realistic and sustainable goals, criteria
21 for measuring progress, and a timeline for
22 achieving such goals;
23 (B) amounts and sources of funds by ac-
24 count;
December 21, 2020 (12:59 p.m.)

1412
1 (C) how such funds will complement other
2 ongoing or planned programs; and
3 (D) implementing partners, to the max-
4 imum extent practicable.
5 (5) SUCCESSOR OPERATING UNIT.—Any ref-
6 erence to a particular USAID operating unit or of-
7 fice in this or prior Acts making appropriations for
9 lated programs shall be deemed to include any suc-
10 cessor operating unit or office performing the same
11 or similar functions.
12 (6) USAID.—In this Act, the term ‘‘USAID’’
13 means the United States Agency for International
14 Development.
15 (7) THIS ACT.—Except as expressly provided
16 otherwise, any reference to ‘‘this Act’’ contained in
17 titles I through VII shall be treated as referring only
18 to the provisions of such titles.
19 LAW ENFORCEMENT AND SECURITY
20 SEC. 7035. (a) ASSISTANCE.—

21 (1) COMMUNITY-BASED POLICE ASSISTANCE.—
22 Funds made available under titles III and IV of this

23 Act to carry out the provisions of chapter 1 of part
24 I and chapters 4 and 6 of part II of the Foreign As-
25 sistance Act of 1961, may be used, notwithstanding
December 21, 2020 (12:59 p.m.)

1413
1 section 660 of that Act, to enhance the effectiveness
2 and accountability of civilian police authority
3 through training and technical assistance in human
4 rights, the rule of law, anti-corruption, strategic
5 planning, and through assistance to foster civilian
6 police roles that support democratic governance, in-
7 cluding assistance for programs to prevent conflict,
8 respond to disasters, address gender-based violence,
9 and foster improved police relations with the com-
10 munities they serve.
11 (2) COUNTERTERRORISM PARTNERSHIPS
12 FUND.—Funds appropriated by this Act under the

13 heading ‘‘Nonproliferation, Anti-terrorism, Demining
14 and Related Programs’’ shall be made available for
15 the Counterterrorism Partnerships Fund for pro-
16 grams in areas liberated from, under the influence
17 of, or adversely affected by, the Islamic State of Iraq
18 and Syria or other terrorist organizations: Provided,
19 That such areas shall include the Kurdistan Region
20 of Iraq: Provided further, That prior to the obliga-
21 tion of funds made available pursuant to this para-
22 graph, the Secretary of State shall take all prac-
23 ticable steps to ensure that mechanisms are in place
24 for monitoring, oversight, and control of such funds:
25 Provided further, That funds made available pursu-
December 21, 2020 (12:59 p.m.)

1414
1 ant to this paragraph shall be subject to prior con-
2 sultation with, and the regular notification proce-
3 dures of, the Committees on Appropriations.
4 (3) COMBAT CASUALTY CARE.—
5 (A) Consistent with the objectives of the

6 Foreign Assistance Act of 1961 and the Arms
7 Export Control Act, funds appropriated by this
8 Act under the headings ‘‘Peacekeeping Oper-
9 ations’’ and ‘‘Foreign Military Financing Pro-
10 gram’’ shall be made available for combat cas-
11 ualty training and equipment consistent with
12 prior fiscal years.
13 (B) The Secretary of State shall offer com-
14 bat casualty care training and equipment as a
15 component of any package of lethal assistance
16 funded by this Act with funds appropriated
17 under the headings ‘‘Peacekeeping Operations’’
18 and ‘‘Foreign Military Financing Program’’:
19 Provided, That the requirement of this subpara-
20 graph shall apply to a country in conflict, un-
21 less the Secretary determines that such country
22 has in place, to the maximum extent prac-
23 ticable, functioning combat casualty care treat-
24 ment and equipment that meets or exceeds the
25 standards recommended by the Committee on
December 21, 2020 (12:59 p.m.)

1415
1 Tactical Combat Casualty Care: Provided fur-
2 ther, That any such training and equipment for
3 combat casualty care shall be made available
4 through an open and competitive process.
5 (4) TRAINING RELATED TO INTERNATIONAL
6 HUMANITARIAN LAW.—The Secretary of State shall

7 offer training related to the requirements of inter-
8 national humanitarian law as a component of any
9 package of lethal assistance funded by this Act with
10 funds appropriated under the headings ‘‘Peace-
11 keeping Operations’’ and ‘‘Foreign Military Financ-
12 ing Program’’: Provided, That the requirement of
13 this paragraph shall not apply to a country that is
14 a member of the North Atlantic Treaty Organization
15 (NATO), is a major non-NATO ally designated by
16 section 517(b) of the Foreign Assistance Act of
17 1961, or is complying with international humani-
18 tarian law: Provided further, That any such training
19 shall be made available through an open and com-
20 petitive process.
21 (5) SECURITY FORCE PROFESSIONALIZATION.—
22 Funds appropriated by this Act under the headings

23 ‘‘International Narcotics Control and Law Enforce-
24 ment’’ and ‘‘Peacekeeping Operations’’ shall be
25 made available to increase the capacity of foreign
December 21, 2020 (12:59 p.m.)

1416
1 military and law enforcement personnel to operate in
2 accordance with appropriate standards relating to
3 human rights and the protection of civilians in the
4 manner specified under this section in Senate Report
5 116–126, following consultation with the Commit-
6 tees on Appropriations: Provided, That funds made
7 available pursuant to this paragraph shall be made
8 available through an open and competitive process.
9 (6) GLOBAL SECURITY CONTINGENCY FUND.—
10 Notwithstanding any other provision of this Act, up

11 to $7,500,000 from funds appropriated by this Act
12 under the headings ‘‘Peacekeeping Operations’’ and
13 ‘‘Foreign Military Financing Program’’ may be
14 transferred to, and merged with, funds previously
15 made available under the heading ‘‘Global Security
16 Contingency Fund’’, subject to the regular notifica-
18 tions.
19 (7) INTERNATIONAL PRISON CONDITIONS.—Of

21 ings ‘‘Development Assistance’’, ‘‘Economic Support
22 Fund’’, and ‘‘International Narcotics Control and
23 Law Enforcement’’, not less than $7,500,000 shall
24 be made available for assistance to eliminate inhu-
25 mane conditions in foreign prisons and other deten-
December 21, 2020 (12:59 p.m.)

1417
1 tion facilities, notwithstanding section 660 of the
2 Foreign Assistance Act of 1961: Provided, That the
3 Secretary of State and the USAID Administrator
5 on the proposed uses of such funds prior to obliga-
6 tion and not later than 60 days after enactment of
7 this Act: Provided further, That such funds shall be
8 in addition to funds otherwise made available by this
9 Act for such purpose.
10 (b) AUTHORITIES.—
11 (1) RECONSTITUTING CIVILIAN POLICE AU-
12 THORITY.—In providing assistance with funds ap-

13 propriated by this Act under section 660(b)(6) of
14 the Foreign Assistance Act of 1961, support for a
15 nation emerging from instability may be deemed to
16 mean support for regional, district, municipal, or
17 other sub-national entity emerging from instability,
18 as well as a nation emerging from instability.
19 (2) DISARMAMENT, DEMOBILIZATION, AND RE-
20 INTEGRATION.—Section 7034(d) of the Department

23 113–235) shall continue in effect during fiscal year
24 2021.
December 21, 2020 (12:59 p.m.)

1418
1 (3) EXTENSION OF WAR RESERVES STOCKPILE
2 AUTHORITY.—
3 (A) Section 12001(d) of the Department of

4 Defense Appropriations Act, 2005 (Public Law
5 108–287; 118 Stat. 1011) is amended by strik-
6 ing ‘‘of this section’’ and all that follows
7 through the period at the end and inserting ‘‘of
8 this section after September 30, 2023.’’.
9 (B) Section 514(b)(2)(A) of the Foreign
10 Assistance Act of 1961 (22 U.S.C.
11 2321h(b)(2)(A)) is amended by striking ‘‘and
12 2021’’ and inserting ‘‘2021, 2022, and 2023’’.
13 (4) COMMERCIAL LEASING OF DEFENSE ARTI-
14 CLES.—Notwithstanding any other provision of law,

15 and subject to the regular notification procedures of
16 the Committees on Appropriations, the authority of
17 section 23(a) of the Arms Export Control Act (22
18 U.S.C. 2763) may be used to provide financing to
19 Israel, Egypt, the North Atlantic Treaty Organiza-
20 tion (NATO), and major non-NATO allies for the
21 procurement by leasing (including leasing with an
22 option to purchase) of defense articles from United
23 States commercial suppliers, not including Major
24 Defense Equipment (other than helicopters and
25 other types of aircraft having possible civilian appli-
December 21, 2020 (12:59 p.m.)

1419
1 cation), if the President determines that there are
2 compelling foreign policy or national security reasons
3 for those defense articles being provided by commer-
4 cial lease rather than by government-to-government
5 sale under such Act.
6 (5) SPECIAL DEFENSE ACQUISITION FUND.—
7 Not to exceed $900,000,000 may be obligated pursu-

8 ant to section 51(c)(2) of the Arms Export Control
9 Act (22 U.S.C. 2795(c)(2)) for the purposes of the
10 Special Defense Acquisition Fund (the Fund), to re-
11 main available for obligation until September 30,
12 2023: Provided, That the provision of defense arti-
13 cles and defense services to foreign countries or
14 international organizations from the Fund shall be
15 subject to the concurrence of the Secretary of State.
16 (6) PUBLIC DISCLOSURE.—For the purposes of
17 funds appropriated by this Act and prior Acts mak-
18 ing appropriations for the Department of State, for-
19 eign operations, and related programs that are made
20 available for assistance for units of foreign security
21 forces, the term ‘‘to the maximum extent prac-
22 ticable’’ in section 620M(d)(7) of the Foreign Assist-
23 ance Act of 1961 (22 U.S.C. 2378d) means that the
24 identity of such units shall be made publicly avail-
25 able unless the Secretary of State, on a case-by-case
December 21, 2020 (12:59 p.m.)

1420
1 basis, determines and reports to the appropriate con-
2 gressional committees that non-disclosure is in the
3 national security interest of the United States: Pro-
4 vided, That any such determination shall include a
5 detailed justification, and may be submitted in clas-
6 sified form.
7 (7) DUTY TO INFORM.—
8 (A) COMPLIANCE.—If assistance to a for-

9 eign security force is provided in a manner in
10 which the recipient unit or units cannot be
11 identified prior to the transfer of assistance, the
12 Secretary of State shall regularly provide a list
13 of units prohibited from receiving such assist-
14 ance pursuant to section 620M of the Foreign
15 Assistance Act of 1961 to the recipient govern-
16 ment, and such assistance shall be made avail-
17 able subject to a written agreement that the re-
18 cipient government will comply with such prohi-
19 bition: Provided, That such requirement regard-
20 ing a written agreement shall take effect not
21 later than December 31, 2021.
22 (B) IMPLEMENTATION PLAN.—Not later
23 than 120 days after enactment of this Act, the
24 Secretary of State shall submit an implementa-
25 tion plan to the Committees on Appropriations
December 21, 2020 (12:59 p.m.)

1421
1 including a timeline and mechanisms for exe-
2 cuting such agreements by December 31, 2021:
3 Provided, That the Secretary of State shall con-
4 sult with the Committees on Appropriations
5 prior to submitting such plan.
6 (c) LIMITATIONS.—
7 (1) CHILD SOLDIERS.—Funds appropriated by
8 this Act should not be used to support any military
9 training or operations that include child soldiers.
10 (2) LANDMINES AND CLUSTER MUNITIONS.—
11 (A) LANDMINES.—Notwithstanding any

12 other provision of law, demining equipment
13 available to the United States Agency for Inter-
14 national Development and the Department of
15 State and used in support of the clearance of
16 landmines and unexploded ordnance for human-
17 itarian purposes may be disposed of on a grant
18 basis in foreign countries, subject to such terms
19 and conditions as the Secretary of State may
20 prescribe.
21 (B) CLUSTER MUNITIONS.—No military
22 assistance shall be furnished for cluster muni-
23 tions, no defense export license for cluster mu-
24 nitions may be issued, and no cluster munitions
December 21, 2020 (12:59 p.m.)

1422
1 or cluster munitions technology shall be sold or
2 transferred, unless—
3 (i) the submunitions of the cluster
4 munitions, after arming, do not result in
5 more than 1 percent unexploded ordnance
6 across the range of intended operational
7 environments, and the agreement applica-
8 ble to the assistance, transfer, or sale of
9 such cluster munitions or cluster munitions
10 technology specifies that the cluster muni-
11 tions will only be used against clearly de-
12 fined military targets and will not be used
13 where civilians are known to be present or
14 in areas normally inhabited by civilians; or
15 (ii) such assistance, license, sale, or
16 transfer is for the purpose of demilitarizing
17 or permanently disposing of such cluster
18 munitions.
19 (3) CONGRESSIONAL BUDGET JUSTIFICA-
20 TIONS.—Of the funds realized pursuant to section

21 21(e)(1)(A) of the Arms Export Control Act and
22 made available for obligation for expenses incurred
23 by the Department of Defense, Defense Security Co-
24 operation Agency (DSCA) during fiscal year 2021
25 pursuant to section 43(b) of the Arms Export Con-
December 21, 2020 (12:59 p.m.)

1423
1 trol Act (22 U.S.C. 2792(b)), $25,000,000 shall be
2 withheld from obligation until the DSCA, jointly
3 with the Department of State, submits to the Com-
4 mittees on Appropriations the congressional budget
5 justification for funds requested under the heading
6 ‘‘Foreign Military Financing Program’’ for fiscal
7 years 2021 and 2022, including the accompanying
8 classified appendices.
9 (4) CROWD CONTROL ITEMS.—Funds appro-
10 priated by this Act should not be used for tear gas,
11 small arms, light weapons, ammunition, or other
12 items for crowd control purposes for foreign security
13 forces that use excessive force to repress peaceful ex-
14 pression, association, or assembly in countries that
15 the Secretary of State determines are undemocratic
16 or are undergoing democratic transitions.
17 (d) REPORTS.—
18 (1) SECURITY ASSISTANCE REPORT.—Not later
19 than 120 days after enactment of this Act, the Sec-
20 retary of State shall submit to the Committees on
21 Appropriations a report on funds obligated and ex-
22 pended during fiscal year 2020, by country and pur-
23 pose of assistance, under the headings ‘‘Peace-
24 keeping Operations’’, ‘‘International Military Edu-
December 21, 2020 (12:59 p.m.)

1424
1 cation and Training’’, and ‘‘Foreign Military Fi-
2 nancing Program’’.
3 (2) ANNUAL FOREIGN MILITARY TRAINING RE-
4 PORT.—For the purposes of implementing section

5 656 of the Foreign Assistance Act of 1961, the term
6 ‘‘military training provided to foreign military per-
7 sonnel by the Department of Defense and the De-
8 partment of State’’ shall be deemed to include all
9 military training provided by foreign governments
10 with funds appropriated to the Department of De-
11 fense or the Department of State, except for train-
12 ing provided by the government of a country des-
13 ignated by section 517(b) of such Act (22 U.S.C.
14 2321k(b)) as a major non-North Atlantic Treaty Or-
15 ganization ally: Provided, That such third-country
16 training shall be clearly identified in the report sub-
17 mitted pursuant to section 656 of such Act.
18 ARAB LEAGUE BOYCOTT OF ISRAEL
19 SEC. 7036. It is the sense of the Congress that—

20 (1) the Arab League boycott of Israel, and the
21 secondary boycott of American firms that have com-
22 mercial ties with Israel, is an impediment to peace
23 in the region and to United States investment and
24 trade in the Middle East and North Africa;
December 21, 2020 (12:59 p.m.)

1425
1 (2) the Arab League boycott, which was regret-
2 tably reinstated in 1997, should be immediately and
3 publicly terminated, and the Central Office for the
4 Boycott of Israel immediately disbanded;
5 (3) all Arab League states should normalize re-
6 lations with their neighbor Israel;
7 (4) the President and the Secretary of State
8 should continue to vigorously oppose the Arab
9 League boycott of Israel and find concrete steps to
10 demonstrate that opposition by, for example, taking
11 into consideration the participation of any recipient
12 country in the boycott when determining to sell
13 weapons to said country; and
14 (5) the President should report to Congress an-
15 nually on specific steps being taken by the United
16 States to encourage Arab League states to normalize
17 their relations with Israel to bring about the termi-
18 nation of the Arab League boycott of Israel, includ-
19 ing those to encourage allies and trading partners of
20 the United States to enact laws prohibiting busi-
21 nesses from complying with the boycott and penal-
22 izing businesses that do comply.
23 PALESTINIAN STATEHOOD
24 SEC. 7037. (a) LIMITATION ON ASSISTANCE.—None

December 21, 2020 (12:59 p.m.)

1426
1 this Act may be provided to support a Palestinian state
2 unless the Secretary of State determines and certifies to
3 the appropriate congressional committees that—
4 (1) the governing entity of a new Palestinian
5 state—
6 (A) has demonstrated a firm commitment
7 to peaceful co-existence with the State of Israel;
8 and
9 (B) is taking appropriate measures to
10 counter terrorism and terrorist financing in the
11 West Bank and Gaza, including the dismantling
12 of terrorist infrastructures, and is cooperating
13 with appropriate Israeli and other appropriate
14 security organizations; and
15 (2) the Palestinian Authority (or the governing
16 entity of a new Palestinian state) is working with
17 other countries in the region to vigorously pursue ef-
18 forts to establish a just, lasting, and comprehensive
19 peace in the Middle East that will enable Israel and
20 an independent Palestinian state to exist within the
21 context of full and normal relationships, which
22 should include—
23 (A) termination of all claims or states of
24 belligerency;
December 21, 2020 (12:59 p.m.)

1427
1 (B) respect for and acknowledgment of the
2 sovereignty, territorial integrity, and political
3 independence of every state in the area through
4 measures including the establishment of demili-
5 tarized zones;
6 (C) their right to live in peace within se-
7 cure and recognized boundaries free from
8 threats or acts of force;
9 (D) freedom of navigation through inter-
10 national waterways in the area; and
11 (E) a framework for achieving a just set-
12 tlement of the refugee problem.
13 (b) SENSE OF CONGRESS.—It is the sense of Con-
14 gress that the governing entity should enact a constitution
15 assuring the rule of law, an independent judiciary, and
16 respect for human rights for its citizens, and should enact
17 other laws and regulations assuring transparent and ac-
18 countable governance.
19 (c) WAIVER.—The President may waive subsection
20 (a) if the President determines that it is important to the
21 national security interest of the United States to do so.
22 (d) EXEMPTION.—The restriction in subsection (a)
23 shall not apply to assistance intended to help reform the
24 Palestinian Authority and affiliated institutions, or the
25 governing entity, in order to help meet the requirements
December 21, 2020 (12:59 p.m.)

1428
1 of subsection (a), consistent with the provisions of section
2 7040 of this Act (‘‘Limitation on Assistance for the Pales-
3 tinian Authority’’).
4 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN
5 BROADCASTING CORPORATION

7 wise made available by this Act may be used to provide
8 equipment, technical support, consulting services, or any
9 other form of assistance to the Palestinian Broadcasting
10 Corporation.
11 ASSISTANCE FOR THE WEST BANK AND GAZA
12 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2021,

13 30 days prior to the initial obligation of funds for the bi-
14 lateral West Bank and Gaza Program, the Secretary of
15 State shall certify to the Committees on Appropriations
16 that procedures have been established to assure the Comp-
17 troller General of the United States will have access to
18 appropriate United States financial information in order
19 to review the uses of United States assistance for the Pro-
20 gram funded under the heading ‘‘Economic Support
21 Fund’’ for the West Bank and Gaza.
22 (b) VETTING.—Prior to the obligation of funds ap-
23 propriated by this Act under the heading ‘‘Economic Sup-
24 port Fund’’ for assistance for the West Bank and Gaza,
25 the Secretary of State shall take all appropriate steps to
December 21, 2020 (12:59 p.m.)

1429
1 ensure that such assistance is not provided to or through
2 any individual, private or government entity, or edu-
3 cational institution that the Secretary knows or has reason
4 to believe advocates, plans, sponsors, engages in, or has
5 engaged in, terrorist activity nor, with respect to private
6 entities or educational institutions, those that have as a
7 principal officer of the entity’s governing board or gov-
8 erning board of trustees any individual that has been de-
9 termined to be involved in, or advocating terrorist activity
10 or determined to be a member of a designated foreign ter-
11 rorist organization: Provided, That the Secretary of State
12 shall, as appropriate, establish procedures specifying the
13 steps to be taken in carrying out this subsection and shall
14 terminate assistance to any individual, entity, or edu-
15 cational institution which the Secretary has determined to
16 be involved in or advocating terrorist activity.
17 (c) PROHIBITION.—
18 (1) RECOGNITION OF ACTS OF TERRORISM.—
19 None of the funds appropriated under titles III

20 through VI of this Act for assistance under the West
21 Bank and Gaza Program may be made available
22 for—
23 (A) the purpose of recognizing or otherwise
24 honoring individuals who commit, or have com-
25 mitted acts of terrorism; and
December 21, 2020 (12:59 p.m.)

1430
1 (B) any educational institution located in
2 the West Bank or Gaza that is named after an
3 individual who the Secretary of State deter-
4 mines has committed an act of terrorism.
5 (2) SECURITY ASSISTANCE AND REPORTING RE-
6 QUIREMENT.—Notwithstanding any other provision

7 of law, none of the funds made available by this or
8 prior appropriations Acts, including funds made
9 available by transfer, may be made available for obli-
10 gation for security assistance for the West Bank and
11 Gaza until the Secretary of State reports to the
12 Committees on Appropriations on the benchmarks
13 that have been established for security assistance for
14 the West Bank and Gaza and reports on the extent
15 of Palestinian compliance with such benchmarks.
16 (d) OVERSIGHT BY THE UNITED STATES AGENCY
17 FOR INTERNATIONAL DEVELOPMENT.—
18 (1) The Administrator of the United States
19 Agency for International Development shall ensure
20 that Federal or non-Federal audits of all contractors
21 and grantees, and significant subcontractors and
22 sub-grantees, under the West Bank and Gaza Pro-
23 gram, are conducted at least on an annual basis to
24 ensure, among other things, compliance with this
25 section.
December 21, 2020 (12:59 p.m.)

1431
1 (2) Of the funds appropriated by this Act, up
2 to $1,000,000 may be used by the Office of Inspec-
3 tor General of the United States Agency for Inter-
4 national Development for audits, investigations, and
5 other activities in furtherance of the requirements of
6 this subsection: Provided, That such funds are in ad-
7 dition to funds otherwise available for such pur-
8 poses.
9 (e) COMPTROLLER GENERAL OF THE UNITED
10 STATES AUDIT.—Subsequent to the certification specified
11 in subsection (a), the Comptroller General of the United
12 States shall conduct an audit and an investigation of the
13 treatment, handling, and uses of all funds for the bilateral
14 West Bank and Gaza Program, including all funds pro-
15 vided as cash transfer assistance, in fiscal year 2021
16 under the heading ‘‘Economic Support Fund’’, and such
17 audit shall address—
18 (1) the extent to which such Program complies
19 with the requirements of subsections (b) and (c);
20 and
21 (2) an examination of all programs, projects,
22 and activities carried out under such Program, in-
23 cluding both obligations and expenditures.
24 (f) NOTIFICATION PROCEDURES.—Funds made
25 available in this Act for West Bank and Gaza shall be
December 21, 2020 (12:59 p.m.)

1432
3 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN
4 AUTHORITY
5 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of

6 the funds appropriated by this Act to carry out the provi-
7 sions of chapter 4 of part II of the Foreign Assistance
8 Act of 1961 may be obligated or expended with respect
9 to providing funds to the Palestinian Authority.
10 (b) WAIVER.—The prohibition included in subsection
11 (a) shall not apply if the President certifies in writing to
12 the Speaker of the House of Representatives, the Presi-
13 dent pro tempore of the Senate, and the Committees on
14 Appropriations that waiving such prohibition is important
15 to the national security interest of the United States.
16 (c) PERIOD OF APPLICATION OF WAIVER.—Any
17 waiver pursuant to subsection (b) shall be effective for no
18 more than a period of 6 months at a time and shall not
19 apply beyond 12 months after the enactment of this Act.
20 (d) REPORT.—Whenever the waiver authority pursu-
21 ant to subsection (b) is exercised, the President shall sub-
22 mit a report to the Committees on Appropriations detail-
23 ing the justification for the waiver, the purposes for which
24 the funds will be spent, and the accounting procedures in
25 place to ensure that the funds are properly disbursed: Pro-
December 21, 2020 (12:59 p.m.)

1433
1 vided, That the report shall also detail the steps the Pales-
2 tinian Authority has taken to arrest terrorists, confiscate
3 weapons and dismantle the terrorist infrastructure.
4 (e) CERTIFICATION.—If the President exercises the
5 waiver authority under subsection (b), the Secretary of
6 State must certify and report to the Committees on Ap-
7 propriations prior to the obligation of funds that the Pal-
8 estinian Authority has established a single treasury ac-
9 count for all Palestinian Authority financing and all fi-
10 nancing mechanisms flow through this account, no parallel
11 financing mechanisms exist outside of the Palestinian Au-
12 thority treasury account, and there is a single comprehen-
13 sive civil service roster and payroll, and the Palestinian
14 Authority is acting to counter incitement of violence
15 against Israelis and is supporting activities aimed at pro-
16 moting peace, coexistence, and security cooperation with
17 Israel.
18 (f) PROHIBITION TO HAMAS AND THE PALESTINE
19 LIBERATION ORGANIZATION.—
20 (1) None of the funds appropriated in titles III
21 through VI of this Act may be obligated for salaries
22 of personnel of the Palestinian Authority located in
23 Gaza or may be obligated or expended for assistance
24 to Hamas or any entity effectively controlled by
25 Hamas, any power-sharing government of which
December 21, 2020 (12:59 p.m.)

1434
1 Hamas is a member, or that results from an agree-
2 ment with Hamas and over which Hamas exercises
3 undue influence.
4 (2) Notwithstanding the limitation of paragraph
5 (1), assistance may be provided to a power-sharing
6 government only if the President certifies and re-
7 ports to the Committees on Appropriations that such
8 government, including all of its ministers or such
9 equivalent, has publicly accepted and is complying
10 with the principles contained in section 620K(b)(1)
11 (A) and (B) of the Foreign Assistance Act of 1961,
12 as amended.
13 (3) The President may exercise the authority in
14 section 620K(e) of the Foreign Assistance Act of
15 1961, as added by the Palestinian Anti-Terrorism
16 Act of 2006 (Public Law 109–446) with respect to
17 this subsection.
18 (4) Whenever the certification pursuant to
19 paragraph (2) is exercised, the Secretary of State
20 shall submit a report to the Committees on Appro-
21 priations within 120 days of the certification and
22 every quarter thereafter on whether such govern-
23 ment, including all of its ministers or such equiva-
24 lent are continuing to comply with the principles
25 contained in section 620K(b)(1) (A) and (B) of the
December 21, 2020 (12:59 p.m.)

1435
1 Foreign Assistance Act of 1961, as amended: Pro-
2 vided, That the report shall also detail the amount,
3 purposes and delivery mechanisms for any assistance
4 provided pursuant to the abovementioned certifi-
5 cation and a full accounting of any direct support of
6 such government.
7 (5) None of the funds appropriated under titles
8 III through VI of this Act may be obligated for as-
9 sistance for the Palestine Liberation Organization.
10 MIDDLE EAST AND NORTH AFRICA
11 SEC. 7041. (a) EGYPT.—

12 (1) CERTIFICATION AND REPORT.—Funds ap-
13 propriated by this Act that are available for assist-
14 ance for Egypt may be made available notwith-
15 standing any other provision of law restricting as-
16 sistance for Egypt, except for this subsection and
17 section 620M of the Foreign Assistance Act of 1961,
18 and may only be made available for assistance for
19 the Government of Egypt if the Secretary of State
20 certifies and reports to the Committees on Appro-
21 priations that such government is—
22 (A) sustaining the strategic relationship
23 with the United States; and
24 (B) meeting its obligations under the 1979
25 Egypt-Israel Peace Treaty.
December 21, 2020 (12:59 p.m.)

1436
1 (2) ECONOMIC SUPPORT FUND.—Of the funds
2 appropriated by this Act under the heading ‘‘Eco-
3 nomic Support Fund’’, not less than $125,000,000
4 shall be made available for assistance for Egypt, of
5 which $40,000,000 should be made available for
6 higher education programs, including not less than
7 $15,000,000 for scholarships for Egyptian students
8 with high financial need to attend not-for-profit in-
9 stitutions of higher education in Egypt that are cur-
10 rently accredited by a regional accrediting agency
11 recognized by the United States Department of Edu-
12 cation, or meets standards equivalent to those re-
13 quired for United States institutional accreditation
14 by a regional accrediting agency recognized by such
15 Department: Provided, That such funds shall be
16 made available for democracy programs, and for de-
17 velopment programs in the Sinai: Provided further,
18 That such funds may not be made available for cash
19 transfer assistance or budget support unless the Sec-
20 retary of State certifies and reports to the appro-
21 priate congressional committees that the Govern-
22 ment of Egypt is taking consistent and effective
23 steps to stabilize the economy and implement mar-
24 ket-based economic reforms.
December 21, 2020 (12:59 p.m.)

1437
1 (3) FOREIGN MILITARY FINANCING PRO-
2 GRAM.—
3 (A) CERTIFICATION.—Of the funds appro-

4 priated by this Act under the heading ‘‘Foreign
5 Military Financing Program’’, $1,300,000,000,
6 to remain available until September 30, 2022,
7 should be made available for assistance for
8 Egypt: Provided, That such funds may be
9 transferred to an interest bearing account in
10 the Federal Reserve Bank of New York, fol-
11 lowing consultation with the Committees on Ap-
12 propriations, and the uses of any interest
13 earned on such funds shall be subject to the
14 regular notification procedures of the Commit-
15 tees on Appropriations: Provided further, That
16 $225,000,000 of such funds shall be withheld
17 from obligation until the Secretary of State cer-
18 tifies and reports to the Committees on Appro-
19 priations that the Government of Egypt is tak-
20 ing sustained and effective steps to—
21 (i) strengthen the rule of law, demo-
22 cratic institutions, and human rights in
23 Egypt, including to protect religious mi-
24 norities and the rights of women, which
December 21, 2020 (12:59 p.m.)

1438
1 are in addition to steps taken during the
2 previous calendar year for such purposes;
3 (ii) implement reforms that protect
4 freedoms of expression, association, and
5 peaceful assembly, including the ability of
6 civil society organizations, human rights
7 defenders, and the media to function with-
8 out interference;
9 (iii) hold Egyptian security forces ac-
10 countable, including officers credibly al-
11 leged to have violated human rights;
12 (iv) investigate and prosecute cases of
13 extrajudicial killings and forced disappear-
14 ances; and
15 (v) provide regular access for United
16 States officials to monitor such assistance
17 in areas where the assistance is used:
18 Provided further, That the certification require-
19 ment of this paragraph shall not apply to funds
20 appropriated by this Act under such heading
21 for counterterrorism, border security, and non-
22 proliferation programs for Egypt.
23 (B) WAIVER.—The Secretary of State may
24 waive the certification requirement in subpara-
25 graph (A) if the Secretary determines and re-
December 21, 2020 (12:59 p.m.)

1439
1 ports to the Committees on Appropriations that
2 to do so is important to the national security
3 interest of the United States, and submits a re-
4 port to such Committees containing a detailed
5 justification for the use of such waiver and the
6 reasons why any of the requirements of sub-
7 paragraph (A) cannot be met: Provided, That
8 the report required by this paragraph shall be
9 submitted in unclassified form, but may be ac-
10 companied by a classified annex.
11 (C) In addition to the funds withheld pur-
12 suant to subparagraph (A), $75,000,000 of the
13 funds made available pursuant to this para-
14 graph shall be withheld from obligation until
15 the Secretary of State determines and reports
16 to the Committees on Appropriations that the
17 Government of Egypt is making clear and con-
18 sistent progress in releasing political prisoners
19 and providing detainees with due process of
20 law.
21 (4) SEPTEMBER 13, 2015, ATTACK.—The Sec-
22 retary of State shall encourage good faith negotia-
23 tions between the relevant parties regarding the Sep-
24 tember 13, 2015, attack against a tour group by the
25 Egyptian military during which American April
December 21, 2020 (12:59 p.m.)

1440
1 Corley was injured: Provided, That in lieu of the re-
2 porting requirement under section 7041(a)(4) of the
3 Department of State, Foreign Operations, and Re-
4 lated Programs Appropriations Act, 2020 (division
5 G of Public Law 116–94), the Secretary of State
6 shall report to the Committees on Appropriations on
7 the status of such negotiations not later than 60
8 days after enactment of this Act and every 90 days
9 thereafter until September 30, 2021.
10 (b) IRAN.—
11 (1) FUNDING.—Funds appropriated by this Act
12 under the headings ‘‘Diplomatic Programs’’, ‘‘Eco-
13 nomic Support Fund’’, and ‘‘Nonproliferation, Anti-
14 terrorism, Demining and Related Programs’’ shall
15 be made available for the programs and activities de-
16 scribed under this section in House Report 116–444.
17 (2) REPORTS.—
18 (A) SEMI-ANNUAL REPORT.—The Sec-
19 retary of State shall submit to the Committees
20 on Appropriations the semi-annual report re-
21 quired by section 135(d)(4) of the Atomic En-
22 ergy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
23 added by section 2 of the Iran Nuclear Agree-
24 ment Review Act of 2015 (Public Law 114–17).
December 21, 2020 (12:59 p.m.)

1441
1 (B) SANCTIONS REPORT.—Not later than
2 180 days after the date of enactment of this
3 Act, the Secretary of State, in consultation with
4 the Secretary of the Treasury, shall submit to
5 the appropriate congressional committees a re-
6 port on—
7 (i) the status of United States bilat-
8 eral sanctions on Iran;
9 (ii) the reimposition and renewed en-
10 forcement of secondary sanctions; and
11 (iii) the impact such sanctions have
12 had on Iran’s destabilizing activities
13 throughout the Middle East.
14 (c) IRAQ.—
15 (1) PURPOSES.—Funds appropriated under ti-
16 tles III and IV of this Act shall be made available
17 for assistance for Iraq for—
18 (A) bilateral economic assistance and inter-
19 national security assistance, including in the
20 Kurdistan Region of Iraq;
21 (B) stabilization assistance, including in
22 Anbar Province;
23 (C) justice sector strengthening;
24 (D) humanitarian assistance, including in
25 the Kurdistan Region of Iraq; and
December 21, 2020 (12:59 p.m.)

1442
1 (E) programs to protect and assist reli-
2 gious and ethnic minority populations in Iraq,
3 including as described under this section in
4 House Report 116–444.
5 (2) UNITED STATES CONSULATE GENERAL
6 BASRAH.—Any change in the status of operations at

7 United States Consulate General Basrah, including
8 the return of Consulate property located adjacent to
9 the Basrah International Airport to the Government
10 of Iraq, shall be subject to prior consultation with
11 the appropriate congressional committees and the
13 Appropriations.
14 (3) BASING RIGHTS AGREEMENT.—None of the
15 funds appropriated or otherwise made available by
16 this Act may be used by the Government of the
17 United States to enter into a permanent basing
18 rights agreement between the United States and
19 Iraq.
20 (d) JORDAN.—Of the funds appropriated by this Act
21 under titles III and IV, not less than $1,650,000,000 shall
22 be made available for assistance for Jordan, of which: not
23 less than $845,100,000 shall be made available for budget
24 support for the Government of Jordan; not less than
25 $10,000,000 shall be made available for programs and ac-
December 21, 2020 (12:59 p.m.)

1443
1 tivities for which policy justifications and decisions shall
2 be the responsibility of the United States Chief of Mission
3 in Jordan; and not less than $425,000,000 shall be made
4 available under the heading ‘‘Foreign Military Financing
5 Program’’.
6 (e) LEBANON.—
7 (1) ASSISTANCE.—Funds appropriated under
8 titles III and IV of this Act shall be made available
9 for assistance for Lebanon: Provided, That such
10 funds made available under the heading ‘‘Economic
11 Support Fund’’ may be made available notwith-
12 standing section 1224 of the Foreign Relations Au-
13 thorization Act, Fiscal Year 2003 (Public Law 107–
14 228; 22 U.S.C. 2346 note).
15 (2) SECURITY ASSISTANCE.—
16 (A) Funds appropriated by this Act under

17 the headings ‘‘International Narcotics Control
18 and Law Enforcement’’ and ‘‘Foreign Military
19 Financing Program’’ that are made available
20 for assistance for Lebanon may be made avail-
21 able for programs and equipment for the Leba-
22 nese Internal Security Forces (ISF) and the
23 Lebanese Armed Forces (LAF) to address secu-
24 rity and stability requirements in areas affected
December 21, 2020 (12:59 p.m.)

1444
1 by conflict in Syria, following consultation with
2 the appropriate congressional committees.
3 (B) Funds appropriated by this Act under
4 the heading ‘‘Foreign Military Financing Pro-
5 gram’’ that are made available for assistance
6 for Lebanon may only be made available for
7 programs to—
8 (i) professionalize the LAF to miti-
9 gate internal and external threats from
10 non-state actors, including Hizballah;
11 (ii) strengthen border security and
12 combat terrorism, including training and
13 equipping the LAF to secure the borders
14 of Lebanon and address security and sta-
15 bility requirements in areas affected by
16 conflict in Syria, interdicting arms ship-
17 ments, and preventing the use of Lebanon
18 as a safe haven for terrorist groups; and
19 (iii) implement United Nations Secu-
20 rity Council Resolution 1701:
21 Provided, That prior to obligating funds made
22 available by this subparagraph for assistance
23 for the LAF, the Secretary of State shall sub-
24 mit to the Committees on Appropriations a
25 spend plan, including actions to be taken to en-
December 21, 2020 (12:59 p.m.)

1445
1 sure equipment provided to the LAF is used
2 only for the intended purposes, except such plan
3 may not be considered as meeting the notifica-
4 tion requirements under section 7015 of this
5 Act or under section 634A of the Foreign As-
6 sistance Act of 1961, and shall be submitted
7 not later than June 1, 2021: Provided further,
8 That any notification submitted pursuant to
9 such section shall include any funds specifically
10 intended for lethal military equipment.
11 (3) LIMITATION.—None of the funds appro-
12 priated by this Act may be made available for the
13 ISF or the LAF if the ISF or the LAF is controlled
14 by a foreign terrorist organization, as designated
15 pursuant to section 219 of the Immigration and Na-
16 tionality Act (8 U.S.C. 1189).
17 (f) LIBYA.—
19 titles III and IV of this Act shall be made available
20 for stabilization assistance for Libya, including sup-
21 port for a United Nations-facilitated political process
22 and border security: Provided, That the limitation on
23 the uses of funds for certain infrastructure projects
24 in section 7041(f)(2) of the Department of State,
25 Foreign Operations, and Related Programs Appro-
December 21, 2020 (12:59 p.m.)

1446
1 priations Act, 2014 (division K of Public Law 113–
2 76) shall apply to such funds.
3 (2) CERTIFICATION.—Prior to the initial obliga-
4 tion of funds made available by this Act for assist-
5 ance for Libya, the Secretary of State shall certify
6 and report to the Committees on Appropriations
7 that all practicable steps have been taken to ensure
8 that mechanisms are in place for monitoring, over-
9 sight, and control of such funds.
10 (g) MOROCCO.—
11 (1) AVAILABILITY AND CONSULTATION RE-
12 QUIREMENT.—Funds appropriated under title III of

13 this Act shall be made available for assistance for
14 the Western Sahara: Provided, That not later than
15 90 days after enactment of this Act and prior to the
16 obligation of such funds, the Secretary of State, in
17 consultation with the Administrator of the United
18 States Agency for International Development, shall
19 consult with the Committees on Appropriations on
20 the proposed uses of such funds.
22 GRAM.—Funds appropriated by this Act under the

23 heading ‘‘Foreign Military Financing Program’’ that
24 are available for assistance for Morocco may only be
25 used for the purposes requested in the Congressional
December 21, 2020 (12:59 p.m.)

1447
1 Budget Justification, Foreign Operations, Fiscal
2 Year 2017.
3 (h) SAUDI ARABIA.—
4 (1) INTERNATIONAL MILITARY EDUCATION AND
5 TRAINING.—None of the funds appropriated by this

6 Act under the heading ‘‘International Military Edu-
7 cation and Training’’ may be made available for as-
8 sistance for the Government of Saudi Arabia.
9 (2) EXPORT-IMPORT BANK.—None of the funds
10 appropriated or otherwise made available by this Act
11 and prior Acts making appropriations for the De-
12 partment of State, foreign operations, and related
13 programs should be obligated or expended by the
14 Export-Import Bank of the United States to guar-
15 antee, insure, or extend (or participate in the exten-
16 sion of) credit in connection with the export of nu-
17 clear technology, equipment, fuel, materials, or other
18 nuclear technology-related goods or services to Saudi
19 Arabia unless the Government of Saudi Arabia—
20 (A) has in effect a nuclear cooperation
21 agreement pursuant to section 123 of the
22 Atomic Energy Act of 1954 (42 U.S.C. 2153);
23 (B) has committed to renounce uranium
24 enrichment and reprocessing on its territory
25 under that agreement; and
December 21, 2020 (12:59 p.m.)

1448
1 (C) has signed and implemented an Addi-
2 tional Protocol to its Comprehensive Safeguards
3 Agreement with the International Atomic En-
4 ergy Agency.
5 (i) SYRIA.—
6 (1) NON-LETHAL ASSISTANCE.—Of the funds
7 appropriated by this Act under the headings ‘‘Eco-
8 nomic Support Fund’’, ‘‘International Narcotics
9 Control and Law Enforcement’’, and ‘‘Peacekeeping
10 Operations’’, not less than $40,000,000 shall be
11 made available, notwithstanding any other provision
12 of law, for non-lethal stabilization assistance for
13 Syria, of which not less than $7,000,000 shall be
14 made available for emergency medical and rescue re-
15 sponse and chemical weapons use investigations.
16 (2) LIMITATIONS.—Funds made available pur-
17 suant to paragraph (1) of this subsection—
18 (A) may not be made available for a
19 project or activity that supports or otherwise le-
20 gitimizes the Government of Iran, foreign ter-
21 rorist organizations (as designated pursuant to
22 section 219 of the Immigration and Nationality
23 Act (8 U.S.C. 1189)), or a proxy of Iran in
24 Syria;
December 21, 2020 (12:59 p.m.)

1449
1 (B) may not be made available for activi-
2 ties that further the strategic objectives of the
3 Government of the Russian Federation that the
4 Secretary of State determines may threaten or
5 undermine United States national security in-
6 terests; and
7 (C) should not be used in areas of Syria
8 controlled by a government led by Bashar al-
9 Assad or associated forces.
10 (3) MONITORING AND OVERSIGHT.—Prior to
11 the obligation of any funds appropriated by this Act
12 and made available for assistance for Syria, the Sec-
13 retary of State shall take all practicable steps to en-
14 sure that mechanisms are in place for monitoring,
15 oversight, and control of such assistance inside
16 Syria.
18 Funds made available pursuant to this subsection

19 may only be made available following consultation
20 with the appropriate congressional committees, and
21 shall be subject to the regular notification proce-
23 (j) TUNISIA.—Of the funds appropriated under titles
24 III and IV of this Act and prior Acts making appropria-
December 21, 2020 (12:59 p.m.)

1450
1 related programs, not less than $241,400,000 shall be
2 made available for assistance for Tunisia.
3 (k) WEST BANK AND GAZA.—
4 (1) REPORT ON ASSISTANCE.—Prior to the ini-
5 tial obligation of funds made available by this Act
6 under the heading ‘‘Economic Support Fund’’ for
7 assistance for the West Bank and Gaza, the Sec-
8 retary of State shall report to the Committees on
9 Appropriations that the purpose of such assistance
10 is to—
11 (A) advance Middle East peace;
12 (B) improve security in the region;
13 (C) continue support for transparent and
14 accountable government institutions;
15 (D) promote a private sector economy; or
16 (E) address urgent humanitarian needs.
17 (2) LIMITATIONS.—
18 (A)(i) None of the funds appropriated
19 under the heading ‘‘Economic Support Fund’’
20 in this Act may be made available for assistance
21 for the Palestinian Authority, if after the date
22 of enactment of this Act—
23 (I) the Palestinians obtain the
24 same standing as member states or
25 full membership as a state in the
December 21, 2020 (12:59 p.m.)

1451
1 United Nations or any specialized
2 agency thereof outside an agreement
3 negotiated between Israel and the Pal-
4 estinians; or
5 (II) the Palestinians initiate an
6 International Criminal Court (ICC)
7 judicially authorized investigation, or
8 actively support such an investigation,
9 that subjects Israeli nationals to an
10 investigation for alleged crimes
11 against Palestinians.
12 (ii) The Secretary of State may waive
13 the restriction in clause (i) of this subpara-
14 graph resulting from the application of
15 subclause (I) of such clause if the Sec-
16 retary certifies to the Committees on Ap-
17 propriations that to do so is in the national
18 security interest of the United States, and
19 submits a report to such Committees de-
20 tailing how the waiver and the continu-
21 ation of assistance would assist in fur-
22 thering Middle East peace.
23 (B)(i) The President may waive the provi-
24 sions of section 1003 of the Foreign Relations
25 Authorization Act, Fiscal Years 1988 and 1989
December 21, 2020 (12:59 p.m.)

1452
1 (Public Law 100–204) if the President deter-
2 mines and certifies in writing to the Speaker of
3 the House of Representatives, the President pro
4 tempore of the Senate, and the appropriate con-
5 gressional committees that the Palestinians
6 have not, after the date of enactment of this
7 Act—
8 (I) obtained in the United Na-
9 tions or any specialized agency thereof
10 the same standing as member states
11 or full membership as a state outside
12 an agreement negotiated between
13 Israel and the Palestinians; and
14 (II) initiated or actively sup-
15 ported an ICC investigation against
16 Israeli nationals for alleged crimes
17 against Palestinians.
18 (ii) Not less than 90 days after the
19 President is unable to make the certifi-
20 cation pursuant to clause (i) of this sub-
21 paragraph, the President may waive sec-
22 tion 1003 of Public Law 100–204 if the
23 President determines and certifies in writ-
24 ing to the Speaker of the House of Rep-
25 resentatives, the President pro tempore of
December 21, 2020 (12:59 p.m.)

1453
1 the Senate, and the Committees on Appro-
2 priations that the Palestinians have en-
3 tered into direct and meaningful negotia-
4 tions with Israel: Provided, That any waiv-
5 er of the provisions of section 1003 of
6 Public Law 100–204 under clause (i) of
7 this subparagraph or under previous provi-
8 sions of law must expire before the waiver
9 under the preceding sentence may be exer-
10 cised.
11 (iii) Any waiver pursuant to this sub-
12 paragraph shall be effective for no more
13 than a period of 6 months at a time and
14 shall not apply beyond 12 months after the
16 (3) APPLICATION OF TAYLOR FORCE ACT.—
17 Funds appropriated by this Act under the heading

18 ‘‘Economic Support Fund’’ that are made available
19 for assistance for the West Bank and Gaza shall be
20 made available consistent with section 1004(a) of
21 the Taylor Force Act (title X of division S of Public
22 Law 115–141).
23 (4) SECURITY REPORT.—The reporting require-
24 ments in section 1404 of the Supplemental Appro-
25 priations Act, 2008 (Public Law 110–252) shall
December 21, 2020 (12:59 p.m.)

1454
1 apply to funds made available by this Act, including
2 a description of modifications, if any, to the security
3 strategy of the Palestinian Authority.
4 (5) INCITEMENT REPORT.—Not later than 90
5 days after enactment of this Act, the Secretary of
6 State shall submit a report to the appropriate con-
7 gressional committees detailing steps taken by the
8 Palestinian Authority to counter incitement of vio-
9 lence against Israelis and to promote peace and co-
10 existence with Israel.
11 (l) YEMEN.—Funds appropriated under title III and
12 under the headings ‘‘International Narcotics Control and
13 Law Enforcement’’ and ‘‘Nonproliferation, Anti-terrorism,
14 Demining and Related Programs’’ of this Act and prior
15 Acts making appropriations for the Department of State,
16 foreign operations, and related programs shall be made
17 available for health, humanitarian, and stabilization as-
18 sistance for Yemen.
19 AFRICA
20 SEC. 7042. (a) AFRICAN GREAT LAKES REGION AS-

21 SISTANCE RESTRICTION.—Funds appropriated by this Act
22 under the heading ‘‘International Military Education and
23 Training’’ for the central government of a country in the
24 African Great Lakes region may be made available only
25 for Expanded International Military Education and Train-
December 21, 2020 (12:59 p.m.)

1455
1 ing and professional military education until the Secretary
2 of State determines and reports to the Committees on Ap-
3 propriations that such government is not facilitating or
4 otherwise participating in destabilizing activities in a
5 neighboring country, including aiding and abetting armed
6 groups.
7 (b) CAMEROON.—Funds appropriated under title IV
8 of this Act that are made available for assistance for the
9 armed forces of Cameroon, including the Rapid Interven-
10 tion Battalion, may only be made available to counter re-
11 gional terrorism, including Boko Haram and other Islamic
12 State affiliates, participate in international peacekeeping
13 operations, and for military education and maritime secu-
14 rity programs.
15 (c) CENTRAL AFRICAN REPUBLIC.—Of the funds ap-
16 propriated by this Act under the heading ‘‘Economic Sup-
17 port Fund’’, not less than $3,000,000 shall be made avail-
18 able for a contribution to the Special Criminal Court in
19 Central African Republic.
20 (d) COUNTER ILLICIT ARMED GROUPS.—Funds ap-
21 propriated by this Act shall be made available for pro-
22 grams and activities in areas affected by the Lord’s Re-
23 sistance Army (LRA) or other illicit armed groups in
24 Eastern Democratic Republic of the Congo and the Cen-
25 tral African Republic, including to improve physical ac-
December 21, 2020 (12:59 p.m.)

1456
1 cess, telecommunications infrastructure, and early-warn-
2 ing mechanisms and to support the disarmament, demobi-
3 lization, and reintegration of former LRA combatants, es-
4 pecially child soldiers.
5 (e) DEMOCRATIC REPUBLIC OF THE CONGO.—Of the
6 funds appropriated under titles III and IV of this Act,
7 not less than $325,000,000 shall be made available for
8 assistance for the Democratic Republic of the Congo
9 (DRC) for stabilization, global health, and bilateral eco-
10 nomic assistance, including in areas affected by, and at
11 risk from, the Ebola virus disease: Provided, That such
12 funds shall also be made available to support security, sta-
13 bilization, development, and democracy in Eastern DRC:
14 Provided further, That funds appropriated by this Act
15 under the headings ‘‘Peacekeeping Operations’’ and
16 ‘‘International Military Education and Training’’ that are
17 made available for such purposes may be made available
18 notwithstanding any other provision of law, except section
19 620M of the Foreign Assistance Act of 1961.
20 (f) LAKE CHAD BASIN COUNTRIES.—Funds appro-
21 priated under titles III and IV of this Act shall be made
22 available for assistance for Cameroon, Chad, Niger, and
23 Nigeria for—
24 (1) democracy, development, and health pro-
25 grams;
December 21, 2020 (12:59 p.m.)

1457
1 (2) assistance for individuals targeted by for-
2 eign terrorist and other extremist organizations, in-
3 cluding Boko Haram, consistent with the provisions
4 of section 7059 of this Act;
5 (3) assistance for individuals displaced by vio-
6 lent conflict; and
7 (4) counterterrorism programs.
8 (g) MALAWI.—Of the funds appropriated by this Act
9 under the heading ‘‘Development Assistance’’, not less
10 than $60,000,000 shall be made available for assistance
11 for Malawi, of which up to $10,000,000 shall be made
12 available for higher education programs.
13 (h) SAHEL STABILIZATION AND SECURITY.—Funds
14 appropriated under titles III and IV of this Act shall be
15 made available for stabilization, health, development, and
16 security programs in the countries of the Sahel region.
17 (i) SOUTH SUDAN.—
18 (1) ASSISTANCE.—Of the funds appropriated
19 under title III of this Act that are made available
20 for assistance for South Sudan, not less than
21 $15,000,000 shall be made available for democracy
22 programs and not less than $8,000,000 shall be
23 made available for conflict mitigation and reconcili-
24 ation programs.
December 21, 2020 (12:59 p.m.)

1458
1 (2) LIMITATION ON ASSISTANCE FOR THE CEN-
2 TRAL GOVERNMENT.—Funds appropriated by this

3 Act that are made available for assistance for the
4 central Government of South Sudan may only be
5 made available, following consultation with the Com-
6 mittees on Appropriations, for—
7 (A) humanitarian assistance;
8 (B) health programs, including to prevent,
9 detect, and respond to infectious diseases;
10 (C) assistance to support South Sudan
11 peace negotiations or to advance or implement
12 a peace agreement; and
13 (D) assistance to support implementation
14 of outstanding issues of the Comprehensive
15 Peace Agreement and mutual arrangements re-
16 lated to such agreement:
17 Provided, That prior to the initial obligation of
18 funds made available pursuant to subparagraphs (C)
19 and (D), the Secretary of State shall consult with
20 the Committees on Appropriations on the intended
21 uses of such funds and steps taken by such govern-
22 ment to advance or implement a peace agreement.
23 (j) SUDAN.—
24 (1) ASSISTANCE.—
December 21, 2020 (12:59 p.m.)

1459
1 (A) Of the funds appropriated under title
2 III of this Act and prior Acts making appro-
3 priations for the Department of State, foreign
4 operations, and related programs, except for
5 funds designated by the Congress as an emer-
6 gency requirement pursuant to a concurrent
7 resolution on the budget or the Balanced Budg-
8 et and Emergency Deficit Control Act of 1985,
9 not less than $60,000,000 shall be made avail-
10 able for assistance for Sudan, following con-
11 sultation with the Committees on Appropria-
12 tions: Provided, That amounts repurposed pur-
13 suant to this subparagraph that were previously
14 designated by the Congress for Overseas Con-
15 tingency Operations/Global War on Terrorism
16 pursuant to section 251(b)(2)(A)(ii) of the Bal-
17 anced Budget and Emergency Deficit Control
18 Act of 1985 are designated by the Congress for
19 Overseas Contingency Operations/Global War
20 on Terrorism pursuant to section
21 251(b)(2)(A)(ii) of such Act: Provided further,
22 That notwithstanding any other provision of
23 law, such funds may be made available for agri-
24 culture and economic growth programs, and
December 21, 2020 (12:59 p.m.)

1460
1 economic assistance for marginalized areas in
2 Sudan and Abyei.
3 (B) None of the funds appropriated under
4 title IV of this Act may be made available for
5 assistance for the Government of Sudan, except
6 assistance to support implementation of out-
7 standing issues of the Comprehensive Peace
8 Agreement, mutual arrangements related to
9 post-referendum issues associated with such
10 Agreement, or any other viable peace agreement
11 in Sudan.
12 (2) EXTENSION OF AUTHORIZATION.—Section
13 501(i) of title V of H.R. 3425 of the 106th Con-

14 gress, as enacted into law by section 1000(a)(5) of
15 Public Law 106–113 (113 Stat. 1501, 1535–36),
16 and set forth in Appendix E thereof (113 Stat.
17 1501A–289,–313), as most recently amended by sec-
18 tion 904(b) of the Further Consolidated Appropria-
19 tions Act, 2020 (Public Law 116–94, 113 Stat.
20 2534, 3086), is further amended by striking ‘‘2000–
21 2021’’ and inserting ‘‘2000–2025’’.
22 (3) CONSULTATION.—Funds appropriated by
23 this Act and prior Acts making appropriations for
25 lated programs that are made available for any new
December 21, 2020 (12:59 p.m.)

1461
1 program, project, or activity in Sudan shall be sub-
2 ject to prior consultation with the appropriate con-
3 gressional committees.
4 (k) ZIMBABWE.—
5 (1) INSTRUCTION.—The Secretary of the Treas-
6 ury shall instruct the United States executive direc-
7 tor of each international financial institution to vote
8 against any extension by the respective institution of
9 any loan or grant to the Government of Zimbabwe,
10 except to meet basic human needs or to promote de-
11 mocracy, unless the Secretary of State certifies and
12 reports to the Committees on Appropriations that
13 the rule of law has been restored, including respect
14 for ownership and title to property, and freedoms of
15 expression, association, and assembly.
17 priated by this Act shall be made available for as-
18 sistance for the central Government of Zimbabwe,
19 except for health and education, unless the Secretary
20 of State certifies and reports as required in para-
21 graph (1).
22 EAST ASIA AND THE PACIFIC
23 SEC. 7043. (a) BURMA.—

24 (1) BILATERAL ECONOMIC ASSISTANCE.—
December 21, 2020 (12:59 p.m.)

1462
2 III and under the heading ‘‘International Nar-
3 cotics Control and Law Enforcement’’ of this
4 Act, not less than $134,950,000 shall be made
5 available for assistance for Burma: Provided,
6 That such funds may be made available not-
7 withstanding any other provision of law and fol-
8 lowing consultation with the appropriate con-
9 gressional committees: Provided further, That
10 such funds shall be made available for pro-
11 grams to promote ethnic and religious tolerance
12 and to combat gender-based violence, including
13 in Kachin, Karen, Rakhine, and Shan states:
14 Provided further, That such funds shall be
15 made available for programs to strengthen
16 media and civil society organizations: Provided
17 further, That such funds may be made available
18 for ethnic groups and civil society in Burma to
19 help sustain ceasefire agreements and further
20 prospects for reconciliation and peace, which
21 may include support to representatives of ethnic
22 armed groups for this purpose.
23 (B) Funds appropriated under title III of
24 this Act for assistance for Burma shall be made
25 available for community-based organizations op-
December 21, 2020 (12:59 p.m.)

1463
1 erating in Thailand to provide food, medical,
2 and other humanitarian assistance to internally
3 displaced persons in eastern Burma, in addition
4 to assistance for Burmese refugees from funds
5 appropriated by this Act under the heading
6 ‘‘Migration and Refugee Assistance’’: Provided,
7 That such funds may be available for programs
8 to support the return of Kachin, Karen,
9 Rohingya, Shan, and other refugees and inter-
10 nally displaced persons to their locations of ori-
11 gin or preference in Burma only if such returns
12 are voluntary and consistent with international
13 law.
14 (C) Funds appropriated under title III of
15 this Act for assistance for Burma that are
16 made available for assistance for the Govern-
17 ment of Burma to support the implementation
18 of Nationwide Ceasefire Agreement conferences,
19 committees, and other procedures may only be
20 made available if the Secretary of State reports
21 to the Committees on Appropriations that such
22 conferences, committees, and procedures are di-
23 rected toward a sustainable peace and the Gov-
24 ernment of Burma is implementing its commit-
25 ments under such Agreement.
December 21, 2020 (12:59 p.m.)

1464
1 (2) INTERNATIONAL SECURITY ASSISTANCE.—
2 None of the funds appropriated by this Act under

3 the headings ‘‘International Military Education and
4 Training’’ and ‘‘Foreign Military Financing Pro-
5 gram’’ may be made available for assistance for
6 Burma: Provided, That the Department of State
7 may continue consultations with the armed forces of
8 Burma only on human rights and disaster response
9 in a manner consistent with the prior fiscal year,
10 and following consultation with the appropriate con-
11 gressional committees.
12 (3) LIMITATIONS.—None of the funds appro-
13 priated under title III of this Act for assistance for
14 Burma may be made available to any organization
15 or entity controlled by the armed forces of Burma,
16 or to any individual or organization that has com-
17 mitted a gross violation of human rights or advo-
18 cates violence against ethnic or religious groups or
19 individuals in Burma, as determined by the Sec-
20 retary of State for programs administered by the
21 Department of State and USAID or the President
22 of the National Endowment for Democracy (NED)
23 for programs administered by NED.
24 (4) CONSULTATION.—Any new program or ac-
25 tivity in Burma initiated in fiscal year 2021 shall be
December 21, 2020 (12:59 p.m.)

1465
1 subject to prior consultation with the appropriate
2 congressional committees.
3 (b) CAMBODIA.—
5 under title III of this Act, not less than $85,505,000
6 shall be made available for assistance for Cambodia.
7 (2) CERTIFICATION AND EXCEPTIONS.—
8 (A) CERTIFICATION.—None of the funds

9 appropriated by this Act that are made avail-
10 able for assistance for the Government of Cam-
11 bodia may be obligated or expended unless the
12 Secretary of State certifies and reports to the
13 Committees on Appropriations that such Gov-
14 ernment is taking effective steps to—
15 (i) strengthen regional security and
16 stability, particularly regarding territorial
17 disputes in the South China Sea and the
18 enforcement of international sanctions with
19 respect to North Korea;
20 (ii) assert its sovereignty against in-
21 terference by the People’s Republic of
22 China, including by verifiably maintaining
23 the neutrality of Ream Naval Base, other
24 military installations in Cambodia, and
December 21, 2020 (12:59 p.m.)

1466
1 dual use facilities such as the Dara Sakor
2 development project;
3 (iii) cease violence and harassment
4 against civil society and the political oppo-
5 sition in Cambodia, and dismiss any politi-
6 cally motivated criminal charges against
7 those who criticize the government; and
8 (iv) respect the rights, freedoms, and
9 responsibilities enshrined in the Constitu-
10 tion of the Kingdom of Cambodia as en-
11 acted in 1993.
12 (B) EXCEPTIONS.—The certification re-
13 quired by subparagraph (A) shall not apply to
14 funds appropriated by this Act and made avail-
15 able for democracy, health, education, and envi-
16 ronment programs, programs to strengthen the
17 sovereignty of Cambodia, and programs to edu-
18 cate and inform the people of Cambodia of the
19 influence activities of the People’s Republic of
20 China in Cambodia.
21 (3) USES OF FUNDS.—Funds appropriated
22 under title III of this Act for assistance for Cam-
23 bodia shall be made available for—
24 (A) research and education programs asso-
25 ciated with the Khmer Rouge in Cambodia; and
December 21, 2020 (12:59 p.m.)

1467
1 (B) programs in the Khmer language to
2 monitor, map, and publicize the efforts by the
3 People’s Republic of China to expand its influ-
4 ence in Cambodia.
5 (c) INDO-PACIFIC STRATEGY AND THE ASIA REAS-
6 SURANCE INITIATIVE ACT OF 2018.—
8 under titles III and IV of this Act, not less than
9 $1,482,000,000 shall be made available to support
10 implementation of the Indo-Pacific Strategy and the
11 Asia Reassurance Initiative Act of 2018 (Public Law
12 115–409).
13 (2) COUNTERING CHINESE INFLUENCE
14 FUND.—Of the funds appropriated by this Act under

15 the headings ‘‘Development Assistance’’, ‘‘Economic
16 Support Fund’’, ‘‘International Narcotics Control
17 and Law Enforcement’’, ‘‘Nonproliferation, Anti-ter-
18 rorism, Demining and Related Programs’’, and
19 ‘‘Foreign Military Financing Program’’, not less
20 than $300,000,000 shall be made available for a
21 Countering Chinese Influence Fund to counter the
22 malign influence of the Government of the People’s
23 Republic of China and the Chinese Communist
24 Party and entities acting on their behalf globally,
25 which shall be subject to prior consultation with the
December 21, 2020 (12:59 p.m.)

1468
1 Committees on Appropriations: Provided, That such
2 funds are in addition to amounts otherwise made
3 available for such purposes: Provided further, That
4 such funds appropriated under such headings may
5 be transferred to, and merged with, funds appro-
6 priated under such headings: Provided further, That
7 such transfer authority is in addition to any other
8 transfer authority provided by this Act or any other
9 Act, and is subject to the regular notification proce-
11 (3) RESTRICTION ON USES OF FUNDS.—None
12 of the funds appropriated by this Act and prior Acts

14 foreign operations, and related programs may be
15 made available for any project or activity that di-
16 rectly supports or promotes—
17 (A) the Belt and Road Initiative or any
18 dual-use infrastructure projects of the People’s
19 Republic of China; and
20 (B) the use of technology, including bio-
21 technology, digital, telecommunications, and
22 cyber, developed by the People’s Republic of
23 China unless the Secretary of State, in con-
24 sultation with the USAID Administrator and
25 the heads of other Federal agencies, as appro-
December 21, 2020 (12:59 p.m.)

1469
1 priate, determines that such use does not ad-
2 versely impact the national security of the
3 United States.
4 (d) LAOS.—Of the funds appropriated under titles III
5 and IV of this Act, not less than $80,930,000 shall be
6 made available for assistance for Laos.
7 (e) NORTH KOREA.—
8 (1) CYBERSECURITY.—None of the funds ap-
9 propriated by this Act or prior Acts making appro-
11 ations, and related programs may be made available
12 for assistance for the central government of a coun-
13 try the Secretary of State determines and reports to
14 the appropriate congressional committees engages in
15 significant transactions contributing materially to
16 the malicious cyber-intrusion capabilities of the Gov-
17 ernment of North Korea: Provided, That the Sec-
18 retary of State shall submit the report required by
19 section 209 of the North Korea Sanctions and Policy
20 Enhancement Act of 2016 (Public Law 114–122; 22
21 U.S.C. 9229) to the Committees on Appropriations:
22 Provided further, That the Secretary of State may
23 waive the application of the restriction in this para-
24 graph with respect to assistance for the central gov-
25 ernment of a country if the Secretary determines
December 21, 2020 (12:59 p.m.)

1470
1 and reports to the appropriate congressional com-
2 mittees that to do so is important to the national se-
3 curity interest of the United States, including a de-
4 scription of such interest served.
5 (2) BROADCASTS.—Funds appropriated by this
6 Act under the heading ‘‘International Broadcasting
7 Operations’’ shall be made available to maintain
8 broadcasting hours into North Korea at levels not
9 less than the prior fiscal year.
10 (3) HUMAN RIGHTS.—Funds appropriated by
11 this Act under the headings ‘‘Economic Support
12 Fund’’ and ‘‘Democracy Fund’’ shall be made avail-
13 able for the promotion of human rights in North
14 Korea: Provided, That the authority of section
15 7032(b)(1) of this Act shall apply to such funds.
16 (4) LIMITATION ON USE OF FUNDS.—None of
17 the funds made available by this Act under the
18 heading ‘‘Economic Support Fund’’ may be made
19 available for assistance for the Government of North
20 Korea.
21 (f) PEOPLE’S REPUBLIC OF CHINA.—
22 (1) LIMITATION ON USE OF FUNDS.—None of
23 the funds appropriated under the heading ‘‘Diplo-
24 matic Programs’’ in this Act may be obligated or ex-
25 pended for processing licenses for the export of sat-
December 21, 2020 (12:59 p.m.)

1471
1 ellites of United States origin (including commercial
2 satellites and satellite components) to the People’s
3 Republic of China (PRC) unless, at least 15 days in
4 advance, the Committees on Appropriations are noti-
5 fied of such proposed action.
6 (2) PEOPLE’S LIBERATION ARMY.—The terms
7 and requirements of section 620(h) of the Foreign
8 Assistance Act of 1961 shall apply to foreign assist-
9 ance projects or activities of the People’s Liberation
10 Army (PLA) of the PRC, to include such projects or
11 activities by any entity that is owned or controlled
12 by, or an affiliate of, the PLA: Provided, That none
13 of the funds appropriated or otherwise made avail-
14 able pursuant to this Act may be used to finance
15 any grant, contract, or cooperative agreement with
16 the PLA, or any entity that the Secretary of State
17 has reason to believe is owned or controlled by, or
18 an affiliate of, the PLA.
19 (3) HONG KONG.—
20 (A) DEMOCRACY PROGRAMS.—Of the

21 funds appropriated by this Act under the first
22 paragraph under the heading ‘‘Democracy
23 Fund’’, not less than $3,000,000 shall be made
24 available for democracy and Internet freedom
December 21, 2020 (12:59 p.m.)

1472
1 programs for Hong Kong, including legal and
2 other support for democracy activists.
3 (B) RESTRICTIONS ON ASSISTANCE.—None
4 of the funds appropriated by this Act or prior

5 Acts making appropriations for the Department
6 of State, foreign operations, and related pro-
7 grams that are made available for assistance for
8 Hong Kong should be obligated for assistance
9 for the Government of the People’s Republic of
10 China and the Chinese Communist Party or
11 any entity acting on their behalf in Hong Kong.
12 (C) REPORT.—Funds appropriated under
13 title I of this Act shall be made available to pre-
14 pare and submit to Congress the report re-
15 quired by section 301 of the United States-
16 Hong Kong Policy Act of 1992 (22 U.S.C.
17 5731), which shall include the information de-
18 scribed in section 7043(f)(4)(B) of the Depart-
19 ment of State, Foreign Operations, and Related
20 Programs Appropriations Act, 2020 (division G
21 of Public Law 116–94) and under this para-
22 graph in the explanatory statement described in
23 section 4 (in the matter preceding division A of
24 this consolidated Act).
December 21, 2020 (12:59 p.m.)

1473
1 (4) UYGHURS AND OTHER MUSLIM MINORI-
2 TIES.—The determination described under this

3 heading in the explanatory statement described in
5 consolidated Act) shall be submitted to the appro-
6 priate congressional committees not later than 90
7 days after enactment of this Act.
8 (5) CLARIFICATION.—Funds appropriated by
11 lated programs that are made available for programs
12 in the People’s Republic of China may be used to
13 counter the impact of Chinese influence and invest-
14 ments in the Greater Mekong Subregion, following
15 consultation with the Committees on Appropriations.
16 (g) PHILIPPINES.—None of the funds appropriated
17 by this Act may be made available for counternarcotics
18 assistance for the Philippines, except for drug demand re-
19 duction, maritime law enforcement, or transnational inter-
20 diction.
21 (h) TIBET.—
22 (1) FINANCING OF PROJECTS IN TIBET.—The
23 Secretary of the Treasury should instruct the United

24 States executive director of each international finan-
25 cial institution to use the voice and vote of the
December 21, 2020 (12:59 p.m.)

1474
1 United States to support financing of projects in
2 Tibet if such projects do not provide incentives for
3 the migration and settlement of non-Tibetans into
4 Tibet or facilitate the transfer of ownership of Ti-
5 betan land and natural resources to non-Tibetans,
6 are based on a thorough needs-assessment, foster
7 self-sufficiency of the Tibetan people and respect Ti-
8 betan culture and traditions, and are subject to ef-
9 fective monitoring.
10 (2) PROGRAMS FOR TIBETAN COMMUNITIES.—
11 (A) Notwithstanding any other provision of law, of

13 ing ‘‘Economic Support Fund’’, not less than
14 $8,000,000 shall be made available to nongovern-
15 mental organizations to support activities which pre-
16 serve cultural traditions and promote sustainable de-
17 velopment, education, and environmental conserva-
18 tion in Tibetan communities in the Tibet Autono-
19 mous Region and in other Tibetan communities in
20 China.
21 (B) Of the funds appropriated by this Act
22 under the heading ‘‘Economic Support Fund’’, not
24 programs to promote and preserve Tibetan culture
25 and language in the refugee and diaspora Tibetan
December 21, 2020 (12:59 p.m.)

1475
1 communities, development, and the resilience of Ti-
2 betan communities and the Central Tibetan Admin-
3 istration in India and Nepal, and to assist in the
4 education and development of the next generation of
5 Tibetan leaders from such communities: Provided,
6 That such funds are in addition to amounts made
7 available in subparagraph (A) for programs inside
8 Tibet.
9 (C) Of the funds appropriated by this Act
10 under the heading ‘‘Economic Support Fund’’, not
12 programs to strengthen the capacity of the Central
13 Tibetan Administration: Provided, That such funds
14 shall be administered by the United States Agency
15 for International Development.
16 (i) VIETNAM.—Of the funds appropriated under titles
17 III and IV of this Act, not less than $169,739,000 shall
18 be made available for assistance for Vietnam, of which not
19 less than—
20 (1) $14,500,000 shall be made available for
21 health and disability programs in areas sprayed with
22 Agent Orange and contaminated with dioxin, to as-
23 sist individuals with severe upper or lower body mo-
24 bility impairment or cognitive or developmental dis-
25 abilities;
December 21, 2020 (12:59 p.m.)

1476
1 (2) $19,000,000 shall be made available, not-
2 withstanding any other provision of law, for activi-
3 ties related to the remediation of dioxin contami-
4 nated sites in Vietnam and may be made available
5 for assistance for the Government of Vietnam, in-
6 cluding the military, for such purposes; and
7 (3) $2,500,000 shall be made available for a
8 war legacy reconciliation program.
9 SOUTH AND CENTRAL ASIA
10 SEC. 7044. (a) AFGHANISTAN.—

11 (1) FUNDING AND LIMITATIONS.—Funds ap-
12 propriated by this Act under the headings ‘‘Eco-
13 nomic Support Fund’’ and ‘‘International Narcotics
14 Control and Law Enforcement’’ that are made avail-
15 able for assistance for Afghanistan—
16 (A) shall be made available to implement
17 the South Asia Strategy, the Revised Strategy
18 for United States Engagement in Afghanistan,
19 and the United States Agency for International
20 Development Country Development Cooperation
21 Strategy for Afghanistan;
22 (B) shall be made available for programs
23 that implement and support comprehensive
24 strategies to combat corruption in Afghanistan,
25 with an emphasis on public disclosure of gov-
December 21, 2020 (12:59 p.m.)

1477
1 ernment receipts and expenditures and prosecu-
2 tion and punishment of corrupt officials;
3 (C) shall be made available to continue
4 support for not-for-profit institutions of higher
5 education in Kabul, Afghanistan that are acces-
6 sible to both women and men in a coeducational
7 environment, including for the costs for oper-
8 ations and security for such institutions;
9 (D) shall be made available for programs
10 that protect and strengthen the rights of Af-
11 ghan women and girls and promote the political
12 and economic empowerment of women including
13 their meaningful inclusion in political processes:
14 Provided, That such assistance to promote the
15 economic empowerment of women shall be made
16 available as grants to Afghan organizations, to
17 the maximum extent practicable;
18 (E) shall prioritize, unless the Secretary of
19 State or the Administrator of the United States
20 Agency for International Development, as ap-
21 propriate, determines that security conditions
22 do not permit or risk deterioration, assistance
23 to support long-term development in areas pre-
24 viously under the control of the Taliban or
25 other violent extremist groups: Provided, That
December 21, 2020 (12:59 p.m.)

1478
1 such funds may be made available notwith-
2 standing any other provision of law and fol-
3 lowing consultation with the Committees on Ap-
4 propriation;
5 (F) may not be made available for any pro-
6 gram, project, or activity pursuant to section
7 7044(a)(1)(C) of the Department of State, For-
8 eign Operations, and Related Programs Appro-
9 priations Act, 2019 (division F of Public Law
10 116–6); and
11 (G) may be made available, notwith-
12 standing any other provision of law, for pro-
13 grams and activities to address the needs of the
14 people of Afghanistan in support of peace and
15 reconciliation, including reintegration of former
16 Taliban and other extremists.
17 (2) AFGHAN WOMEN.—
18 (A) IN GENERAL.—The Secretary of State

19 shall promote and ensure the meaningful par-
20 ticipation of Afghan women in any discussions
21 between the Government of Afghanistan and
22 the Taliban related to the future of Afghanistan
23 in a manner consistent with the Women, Peace,
24 and Security Act of 2017 (Public Law 115–68)
25 and the 2019 United States Strategy on
December 21, 2020 (12:59 p.m.)

1479
1 Women, Peace, and Security, including
2 through—
3 (i) advocacy by the United States
4 Government for the inclusion of Afghan
5 women representatives, particularly from
6 civil society and rural provinces, in ongoing
7 and future discussion;
8 (ii) the leveraging of assistance for
9 the protection of women and girls and
10 their rights; and
11 (iii) efforts to ensure that any agree-
12 ment protects women’s and girl’s rights
13 and ensures their freedom of movement,
14 rights to education and work, and access
15 to healthcare and legal representation.
16 (B) ASSISTANCE.—Funds appropriated by
17 this Act and prior Acts making appropriations
18 for the Department of State, foreign operations,
19 and related programs under the heading ‘‘Eco-
20 nomic Support Fund’’ shall be made available
21 for an endowment pursuant to paragraph
22 (3)(A)(iv) of this subsection for a not-for-profit
23 institution of higher education in Kabul, Af-
24 ghanistan that is accessible to both women and
25 men in a coeducational environment: Provided,
December 21, 2020 (12:59 p.m.)

1480
1 That such endowment shall be established in
2 partnership with a United States-based Amer-
3 ican higher education institution that will serve
4 on its board of trustees: Provided further, That
5 prior to the obligation of funds for such an en-
6 dowment, the Administrator of the United
7 States Agency for International Development
8 shall submit a report to the Committees on Ap-
9 propriations describing the governance struc-
10 ture, including a proposed board of trustees,
11 and financial safeguards, including regular
12 audit and reporting requirements, in any en-
13 dowment agreement: Provided further, That the
14 USAID Administrator shall provide a report on
15 the expenditure of funds generated from such
16 an endowment to the Committees on Appropria-
17 tions on an annual basis.
18 (3) AUTHORITIES.—
19 (A) Funds appropriated by this Act under
20 titles III through VI that are made available for
21 assistance for Afghanistan may be made avail-
22 able—
23 (i) notwithstanding section 7012 of
24 this Act or any similar provision of law
December 21, 2020 (12:59 p.m.)

1481
1 and section 660 of the Foreign Assistance
2 Act of 1961;
3 (ii) for reconciliation programs and
4 disarmament, demobilization, and re-
5 integration activities for former combat-
6 ants who have renounced violence against
7 the Government of Afghanistan, including
8 in accordance with section
9 7046(a)(2)(B)(ii) of the Department of
10 State, Foreign Operations, and Related
11 Programs Appropriations Act, 2012 (divi-
12 sion I of Public Law 112–74);
13 (iii) for an endowment to empower
14 women and girls; and
15 (iv) for an endowment for higher edu-
16 cation.
17 (B) Section 7046(a)(2)(A) of the Depart-
18 ment of State, Foreign Operations, and Related
19 Programs Appropriations Act, 2012 (division I
20 of Public Law 112–74) shall apply to funds ap-
21 propriated by this Act for assistance for Af-
22 ghanistan.
23 (C) Of the funds appropriated by this Act
24 under the heading ‘‘Diplomatic Programs’’, up
25 to $3,000,000 may be transferred to any other
December 21, 2020 (12:59 p.m.)

1482
1 appropriation of any department or agency of
2 the United States Government, upon the con-
3 currence of the head of such department or
4 agency, to support operations in, and assistance
5 for, Afghanistan and to carry out the provisions
6 of the Foreign Assistance Act of 1961: Pro-
7 vided, That any such transfer shall be subject
8 to the regular notification procedures of the
10 (4) AGREEMENT, REPORT, AND CERTIFI-
11 CATION.—Funds appropriated by this Act shall be

12 made available for the following purposes—
13 (A) the submission to the appropriate con-
14 gressional committees by the President of a
15 copy of any agreement or arrangement between
16 the Government of the United States and the
17 Taliban relating to the United States presence
18 in Afghanistan or Taliban commitments on the
19 future of Afghanistan, which shall be submitted
20 not later than 30 days after finalizing or
21 amending such an agreement or arrangement:
22 Provided, That not later than 30 days after en-
23 actment of this Act and every 60 days there-
24 after until September 30, 2021, the Secretary
25 of State shall submit to such committees a re-
December 21, 2020 (12:59 p.m.)

1483
1 port detailing and assessing the activities of the
2 Taliban to abide by their commitments in such
3 agreement or arrangement; and
4 (B) the submission to the appropriate con-
5 gressional committees of a joint certification by
6 the Secretary of State and Secretary of Defense
7 that such agreement or arrangement, or any
8 amendment to such agreement or arrangement,
9 will further the objective of setting conditions
10 for the long-term defeat of al Qaeda and Is-
11 lamic State and will not make the United
12 States more vulnerable to terrorist attacks orig-
13 inating from Afghanistan or supported by ter-
14 rorist elements in Afghanistan: Provided, That
15 the initial joint certification to such committees
16 shall be submitted upon enactment of this Act,
17 and additional joint certifications, as appro-
18 priate, shall be submitted to such committees
19 not later than 30 days after any amendment to
20 such agreement or arrangement.
21 (5) UPDATED STRATEGY.—Not less than 90
22 days after enactment of this Act, the Secretary of
23 State, in consultation with the heads of other rel-
24 evant Federal agencies, shall submit to the appro-
25 priate congressional committees a comprehensive,
December 21, 2020 (12:59 p.m.)

1484
1 multi-year strategy for diplomatic and development
2 engagement with the Government of Afghanistan
3 that reflects the agreement between the United
4 States and the Taliban, as well as intra-Afghan ne-
5 gotiations: Provided, That such strategy shall in-
6 clude a component to protect and strengthen women
7 and girl’s welfare and rights, including in any intra-
8 Afghan negotiation and during the implementation
9 of any peace agreement: Provided further, That such
10 strategy shall describe the anticipated United States
11 diplomatic and military presence in Afghanistan over
12 a multi-year period and related strategy for miti-
13 gating and countering ongoing terrorist threats and
14 violent extremism: Provided further, That the Sec-
15 retary of State shall consult with such committees
16 on the parameters of such strategy: Provided further,
17 That the strategy required by this paragraph shall
18 be submitted in unclassified form, but may be ac-
20 (6) BASING RIGHTS AGREEMENT.—None of the
21 funds made available by this Act may be used by the
22 United States Government to enter into a perma-
23 nent basing rights agreement between the United
24 States and Afghanistan.
December 21, 2020 (12:59 p.m.)

1485
1 (b) BANGLADESH.—Of the funds appropriated under
2 titles III and IV of this Act, not less than $198,323,000
3 shall be made available for assistance for Bangladesh, of
4 which—
5 (1) not less than $23,500,000 shall be made
6 available to address the needs of communities im-
7 pacted by refugees from Burma;
9 available for programs to protect freedom of expres-
10 sion and due process of law; and
12 available for democracy programs, of which not less
13 than $2,000,000 shall be made available for such
14 programs for the Rohingya community in Ban-
15 gladesh.
16 (c) NEPAL.—
18 under titles III and IV of this Act, not less than
19 $130,265,000 shall be made available for assistance
20 for Nepal, including for development and democracy
21 programs.
23 GRAM.—Funds appropriated by this Act under the

24 heading ‘‘Foreign Military Financing Program’’
25 shall only be made available for humanitarian and
December 21, 2020 (12:59 p.m.)

1486
1 disaster relief and reconstruction activities in Nepal,
2 and in support of international peacekeeping oper-
3 ations: Provided, That such funds may only be made
4 available for any additional uses if the Secretary of
5 State certifies and reports to the Committees on Ap-
6 propriations that the Government of Nepal is inves-
7 tigating and prosecuting violations of human rights
8 and the laws of war, and the Nepal Army is cooper-
9 ating fully with civilian judicial authorities in such
10 cases.
11 (d) PAKISTAN.—
12 (1) TERMS AND CONDITIONS.—The terms and
13 conditions of section 7044(c) of the Department of
14 State, Foreign Operations, and Related Programs
15 Appropriations Act, 2019 (division F of Public Law
16 116–6) shall continue in effect during fiscal year
17 2021.
19 under title III of this Act that are made available
20 for assistance for Pakistan, not less than
21 $15,000,000 shall be made available for democracy
22 programs and not less than $10,000,000 shall be
23 made available for gender programs.
24 (3) CLARIFICATION.—Notwithstanding para-
25 graph (1), section 7044(d)(4)(A) of the Department
December 21, 2020 (12:59 p.m.)

1487
3 113–235) is amended by striking ‘‘shall’’ and insert-
4 ing in lieu thereof ‘‘may’’.
5 (e) SRI LANKA.—
7 title III of this Act shall be made available for as-
8 sistance for Sri Lanka for democracy and economic
9 development programs, particularly in areas recov-
10 ering from ethnic and religious conflict: Provided,
11 That such funds shall be made available for pro-
12 grams to assist in the identification and resolution
13 of cases of missing persons.
14 (2) CERTIFICATION.—Funds appropriated by
15 this Act for assistance for the central Government of
16 Sri Lanka may be made available only if the Sec-
17 retary of State certifies and reports to the Commit-
18 tees on Appropriations that such Government is tak-
19 ing effective and consistent steps to—
20 (A) respect and uphold the rights and free-
21 doms of the people of Sri Lanka regardless of
22 ethnicity and religious belief, including by inves-
23 tigating violations of human rights and holding
24 perpetrators of such violations accountable;
December 21, 2020 (12:59 p.m.)

1488
1 (B) increase transparency and account-
2 ability in governance;
3 (C) assert its sovereignty against influence
4 by the People’s Republic of China; and
5 (D) promote reconciliation between ethnic
6 and religious groups, particularly arising from
7 past conflict in Sri Lanka, including by—
8 (i) addressing land confiscation and
9 ownership issues;
10 (ii) resolving cases of missing persons,
11 including by maintaining a functioning of-
12 fice of missing persons;
13 (iii) reducing the presence of the
14 armed forces in former conflict zones and
15 restructuring the armed forces for a peace-
16 time role that contributes to post-conflict
17 reconciliation and regional security;
18 (iv) repealing or amending laws on ar-
19 rest and detention by security forces to
20 comply with international standards; and
21 (v) investigating allegations of arbi-
22 trary arrest and torture, and supporting a
23 credible justice mechanism:
24 Provided, That the limitations of this paragraph
25 shall not apply to funds made available for hu-
December 21, 2020 (12:59 p.m.)

1489
1 manitarian assistance and disaster relief; to
2 protect human rights, locate and identify miss-
3 ing persons, and assist victims of torture and
4 trauma; to promote justice, accountability, and
5 reconciliation; to enhance maritime security and
6 domain awareness; to promote fiscal trans-
7 parency and sovereignty; and for International
8 Military Education and Training.
9 (3) INTERNATIONAL SECURITY ASSISTANCE.—
10 Of the funds appropriated by this Act and prior Acts

12 foreign operations, and related programs under the
13 heading ‘‘Foreign Military Financing Program’’, up
14 to $15,000,000 may be made available for assistance
15 for Sri Lanka for the refurbishing of a high endur-
16 ance cutter: Provided, That in addition to such
17 funds, up to $500,000 may be made available only
18 for programs to support humanitarian assistance,
19 disaster relief, instruction in human rights and re-
20 lated curricula development, and maritime security
21 and domain awareness, including professionalization
22 and training for the navy and coast guard: Provided
23 further, That amounts repurposed pursuant to this
24 paragraph that were previously designated by the
25 Congress, respectively, as an emergency requirement
December 21, 2020 (12:59 p.m.)

1490
1 or for Overseas Contingency Operations/Global War
2 on Terrorism pursuant to the Balanced Budget and
3 Emergency Deficit Control Act of 1985 are des-
4 ignated by the Congress as being for an emergency
5 requirement pursuant to section 251(b)(2)(A)(i) of
6 such Act or for Overseas Contingency Operations/
9 (f) REGIONAL PROGRAMS.—Funds appropriated by
10 this Act shall be made available for assistance for Afghani-
11 stan, Pakistan, and other countries in South and Central
12 Asia to significantly increase the recruitment, training,
13 and retention of women in the judiciary, police, and other
14 security forces, and to train judicial and security personnel
15 in such countries to prevent and address gender-based vio-
16 lence, human trafficking, and other practices that dis-
17 proportionately harm women and girls.
18 LATIN AMERICA AND THE CARIBBEAN
19 SEC. 7045. (a) CENTRAL AMERICA.—

21 this Act under titles III and IV, $505,925,000
22 should be made available for assistance for Belize,
23 Costa Rica, El Salvador, Guatemala, Honduras,
24 Nicaragua, and Panama, including through the Cen-
25 tral America Regional Security Initiative: Provided,
December 21, 2020 (12:59 p.m.)

1491
1 That such assistance shall be prioritized for pro-
2 grams and activities that address the key factors
3 that contribute to the migration of unaccompanied,
4 undocumented minors to the United States and such
5 funds shall be made available for global health, hu-
6 manitarian, development, democracy, border secu-
7 rity, and law enforcement programs for such coun-
8 tries, including for programs to reduce violence
9 against women and girls and to combat corruption,
10 and for support of commissions against corruption
11 and impunity, as appropriate: Provided further, That
12 not less than $45,000,000 shall be made available
13 for support of offices of Attorneys General and of
14 other entities and activities to combat corruption
15 and impunity in such countries.
16 (2) NORTHERN TRIANGLE.—
17 (A) LIMITATION ON ASSISTANCE TO CER-
18 TAIN CENTRAL GOVERNMENTS.—Of the funds

19 made available pursuant to paragraph (1)
20 under the heading ‘‘Economic Support Fund’’
21 and under title IV of this Act that are made
22 available for assistance for each of the central
23 governments of El Salvador, Guatemala, and
24 Honduras, 50 percent may only be obligated
25 after the Secretary of State certifies and re-
December 21, 2020 (12:59 p.m.)

1492
2 such government is—
3 (i) combating corruption and impu-
4 nity, including prosecuting corrupt govern-
5 ment officials;
6 (ii) implementing reforms, policies,
7 and programs to increase transparency and
8 strengthen public institutions;
9 (iii) protecting the rights of civil soci-
10 ety, opposition political parties, and the
11 independence of the media;
12 (iv) providing effective and account-
13 able law enforcement and security for its
14 citizens, and upholding due process of law;
15 (v) implementing policies to reduce
16 poverty and promote equitable economic
17 growth and opportunity;
18 (vi) upholding the independence of the
19 judiciary and of electoral institutions;
20 (vii) improving border security;
21 (viii) combating human smuggling
22 and trafficking and countering the activi-
23 ties of criminal gangs, drug traffickers,
24 and transnational criminal organizations;
December 21, 2020 (12:59 p.m.)

1493
1 (ix) informing its citizens of the dan-
2 gers of the journey to the southwest border
3 of the United States; and
4 (x) resolving disputes involving the
5 confiscation of real property of United
6 States entities.
7 (B) REPROGRAMMING.—If the Secretary is
8 unable to make the certification required by
9 subparagraph (A) for one or more of the gov-
10 ernments, such assistance for such central gov-
11 ernment shall be reprogrammed for assistance
12 for other countries in Latin America and the
13 Caribbean, notwithstanding the minimum fund-
14 ing requirements of this subsection and of sec-
15 tion 7019 of this Act: Provided, That any such
16 reprogramming shall be subject to the regular
17 notification procedures of the Committees on
18 Appropriations.
19 (C) EXCEPTIONS.—The limitation of sub-
20 paragraph (A) shall not apply to funds appro-
21 priated by this Act that are made available
22 for—
23 (i) offices of Attorneys General and
24 other judicial entities and activities related
25 to combating corruption and impunity;
December 21, 2020 (12:59 p.m.)

1494
1 (ii) programs to combat gender-based
2 violence;
3 (iii) humanitarian assistance; and
4 (iv) food security programs.
5 (D) FOREIGN MILITARY FINANCING PRO-
6 GRAM.—None of the funds appropriated by this

7 Act under the heading ‘‘Foreign Military Fi-
8 nancing Program’’ may be made available for
9 assistance for El Salvador, Guatemala, or Hon-
10 duras.
11 (b) COLOMBIA.—
13 this Act under titles III and IV, not less than
15 for Colombia: Provided, That such funds shall be
16 made available for the programs and activities de-
17 scribed under this section in House Report 116–444.
18 (2) WITHHOLDING OF FUNDS.—
19 (A) COUNTERNARCOTICS.—Of the funds

20 appropriated by this Act under the heading
21 ‘‘International Narcotics Control and Law En-
22 forcement’’ and made available for assistance
23 for Colombia, 20 percent may be obligated only
24 after the Secretary of State certifies and re-
December 21, 2020 (12:59 p.m.)

1495
1 the Government of Colombia is continuing to
2 implement a national whole-of-government
3 counternarcotics strategy designed to reduce by
4 50 percent cocaine production and coca cultiva-
5 tion levels in Colombia by 2023 and such strat-
6 egy is not in violation of the 2016 peace accord
7 between the Government of Colombia and the
8 Revolutionary Armed Forces of Colombia.
9 (B) HUMAN RIGHTS.—Of the funds appro-
10 priated by this Act under the heading ‘‘Foreign
11 Military Financing Program’’ and made avail-
12 able for assistance for Colombia, 20 percent
13 may be obligated only after the Secretary of
14 State certifies and reports to the Committees
15 on Appropriations that—
16 (i) the Special Jurisdiction for Peace
17 and other judicial authorities are taking ef-
18 fective steps to hold accountable perpetra-
19 tors of gross violations of human rights in
20 a manner consistent with international law,
21 including for command responsibility, and
22 sentence them to deprivation of liberty;
23 (ii) the Government of Colombia is
24 taking effective steps to prevent attacks
25 against human rights defenders and other
December 21, 2020 (12:59 p.m.)

1496
1 civil society activists, trade unionists, and
2 journalists, and judicial authorities are
3 prosecuting those responsible for such at-
4 tacks;
5 (iii) the Government of Colombia is
6 taking effective steps to protect Afro-Co-
7 lombian and indigenous communities and
8 is respecting their rights and territory;
9 (iv) senior military officers responsible
10 for ordering, committing, and covering up
11 cases of false positives are being held ac-
12 countable, including removal from active
13 duty if found guilty through criminal or
14 disciplinary proceedings; and
15 (v) the Government of Colombia has
16 investigated and is taking steps to hold ac-
17 countable Government officials credibly al-
18 leged to have directed, authorized, or con-
19 ducted illegal surveillance of political oppo-
20 nents, government officials, journalists,
21 and human rights defenders, including
22 through the use of assets provided by the
23 United States for combating counterter-
24 rorism and counternarcotics for such pur-
25 poses.
December 21, 2020 (12:59 p.m.)

1497
1 (3) EXCEPTIONS.—The limitations of para-
2 graph (2) shall not apply to funds made available for
3 aviation instruction and maintenance, and maritime
4 and riverine security programs.
5 (4) AUTHORITY.—Aircraft supported by funds
6 appropriated by this Act and prior Acts making ap-
8 operations, and related programs and made available
9 for assistance for Colombia may be used to trans-
10 port personnel and supplies involved in drug eradi-
11 cation and interdiction, including security for such
12 activities, and to provide transport in support of al-
13 ternative development programs and investigations
14 by civilian judicial authorities.
16 priated by this Act or prior Acts making appropria-
18 ations, and related programs that are made available
19 for assistance for Colombia may be made available
20 for payment of reparations to conflict victims or
21 compensation to demobilized combatants associated
22 with a peace agreement between the Government of
23 Colombia and illegal armed groups.
24 (c) HAITI.—
December 21, 2020 (12:59 p.m.)

1498
1 (1) CERTIFICATION.—The certification require-
2 ment contained in section 7045(c)(1) of the Depart-
3 ment of State, Foreign Operations, and Related Pro-
4 grams Appropriations Act, 2020 (division G of Pub-
5 lic Law 116–94) shall continue in effect during fis-
6 cal year 2021 and shall also apply to funds appro-
7 priated by this Act under the heading ‘‘Development
8 Assistance’’ that are made available for assistance
9 for Haiti.
10 (2) HAITIAN COAST GUARD.—The Government
11 of Haiti shall be eligible to purchase defense articles
12 and services under the Arms Export Control Act (22
13 U.S.C. 2751 et seq.) for the Coast Guard.
14 (3) LIMITATION.—None of the funds made
15 available by this Act may be used to provide assist-
16 ance to the armed forces of Haiti.
17 (d) THE CARIBBEAN.—Of the funds appropriated by
18 this Act under titles III and IV, not less than $74,800,000
19 shall be made available for the Caribbean Basin Security
20 Initiative.
21 (e) VENEZUELA.—
23 the heading ‘‘Economic Support Fund’’, not less
24 than $33,000,000 shall be made available for democ-
25 racy programs for Venezuela.
December 21, 2020 (12:59 p.m.)

1499
1 (2) Funds appropriated under title III of this
2 Act and prior Acts making appropriations for the
3 Department of State, foreign operations, and related
4 programs shall be made available for assistance for
5 communities in countries supporting or otherwise
6 impacted by refugees from Venezuela, including Co-
7 lombia, Peru, Ecuador, Curacao, and Trinidad and
8 Tobago: Provided, That such amounts are in addi-
9 tion to funds otherwise made available for assistance
10 for such countries, subject to prior consultation
11 with, and the regular notification procedures of, the
13 EUROPE AND EURASIA
14 SEC. 7046. (a) ASSISTANCE.—

15 (1) GEORGIA.—Of the funds appropriated by
18 for Georgia: Provided, That not later than 90 days
19 after enactment of this Act, the Secretary of State
20 shall submit to the Committees on Appropriations a
21 report on the rule of law and accountable institu-
22 tions in Georgia as described under this heading in
23 the explanatory statement described in section 4 (in
24 the matter preceding division A of this consolidated
25 Act).
December 21, 2020 (12:59 p.m.)

1500
1 (2) UKRAINE.—Of the funds appropriated by
4 for Ukraine.
5 (b) TERRITORIAL INTEGRITY.—None of the funds
6 appropriated by this Act may be made available for assist-
7 ance for a government of an Independent State of the
8 former Soviet Union if such government directs any action
9 in violation of the territorial integrity or national sov-
10 ereignty of any other Independent State of the former So-
11 viet Union, such as those violations included in the Hel-
12 sinki Final Act: Provided, That except as otherwise pro-
13 vided in section 7047(a) of this Act, funds may be made
14 available without regard to the restriction in this sub-
15 section if the President determines that to do so is in the
16 national security interest of the United States: Provided
17 further, That prior to executing the authority contained
18 in the previous proviso, the Secretary of State shall con-
19 sult with the Committees on Appropriations on how such
20 assistance supports the national security interest of the
21 United States.
22 (c) SECTION 907 OF THE FREEDOM SUPPORT
23 ACT.—Section 907 of the FREEDOM Support Act (22
24 U.S.C. 5812 note) shall not apply to—
December 21, 2020 (12:59 p.m.)

1501
1 (1) activities to support democracy or assist-
2 ance under title V of the FREEDOM Support Act
3 (22 U.S.C. 5851 et seq.) and section 1424 of the
4 Defense Against Weapons of Mass Destruction Act
5 of 1996 (50 U.S.C. 2333) or non-proliferation as-
6 sistance;
7 (2) any assistance provided by the Trade and
8 Development Agency under section 661 of the For-
9 eign Assistance Act of 1961;
10 (3) any activity carried out by a member of the
11 United States and Foreign Commercial Service while
12 acting within his or her official capacity;
13 (4) any insurance, reinsurance, guarantee, or
14 other assistance provided by the United States
15 International Development Finance Corporation as
16 authorized by the BUILD Act of 2018 (division F
17 of Public Law 115–254);
18 (5) any financing provided under the Export-
19 Import Bank Act of 1945 (Public Law 79–173); or
20 (6) humanitarian assistance.
21 (d) TURKEY.—None of the funds made available by
22 this Act may be used to facilitate or support the sale of
23 defense articles or defense services to the Turkish Presi-
24 dential Protection Directorate (TPPD) under Chapter 2
25 of the Arms Export Control Act (22 U.S.C. 2761 et seq.)
December 21, 2020 (12:59 p.m.)

1502
1 unless the Secretary of State determines and reports to
2 the appropriate congressional committees that members of
3 the TPPD who are named in the July 17, 2017, indict-
4 ment by the Superior Court of the District of Columbia,
5 and against whom there are pending charges, have re-
6 turned to the United States to stand trial in connection
7 with the offenses contained in such indictment or have
8 otherwise been brought to justice: Provided, That the limi-
9 tation in this paragraph shall not apply to the use of funds
10 made available by this Act for border security purposes,
11 for North Atlantic Treaty Organization or coalition oper-
12 ations, or to enhance the protection of United States offi-
13 cials and facilities in Turkey.
14 COUNTERING RUSSIAN INFLUENCE AND AGGRESSION
15 SEC. 7047. (a) LIMITATION.—None of the funds ap-

16 propriated by this Act may be made available for assist-
17 ance for the central Government of the Russian Federa-
18 tion.
19 (b) ANNEXATION OF CRIMEA.—
21 priated by this Act may be made available for assist-
22 ance for the central government of a country that
23 the Secretary of State determines and reports to the
24 Committees on Appropriations has taken affirmative
25 steps intended to support or be supportive of the
December 21, 2020 (12:59 p.m.)

1503
1 Russian Federation annexation of Crimea or other
2 territory in Ukraine: Provided, That except as other-
3 wise provided in subsection (a), the Secretary may
4 waive the restriction on assistance required by this
5 paragraph if the Secretary determines and reports to
6 such Committees that to do so is in the national in-
7 terest of the United States, and includes a justifica-
8 tion for such interest.
10 priated by this Act may be made available for—
11 (A) the implementation of any action or
12 policy that recognizes the sovereignty of the
13 Russian Federation over Crimea or other terri-
14 tory in Ukraine;
15 (B) the facilitation, financing, or guarantee
16 of United States Government investments in
17 Crimea or other territory in Ukraine under the
18 control of Russian-backed separatists, if such
19 activity includes the participation of Russian
20 Government officials, or other Russian owned
21 or controlled financial entities; or
22 (C) assistance for Crimea or other terri-
23 tory in Ukraine under the control of Russian-
24 backed separatists, if such assistance includes
25 the participation of Russian Government offi-
December 21, 2020 (12:59 p.m.)

1504
1 cials, or other Russian owned or controlled fi-
2 nancial entities.
4 TIONS.—The Secretary of the Treasury shall in-

5 struct the United States executive directors of each
7 and vote of the United States to oppose any assist-
8 ance by such institution (including any loan, credit,
9 or guarantee) for any program that violates the sov-
10 ereignty or territorial integrity of Ukraine.
11 (4) DURATION.—The requirements and limita-
12 tions of this subsection shall cease to be in effect if
14 Committees on Appropriations that the Government
15 of Ukraine has reestablished sovereignty over Cri-
16 mea and other territory in Ukraine under the con-
17 trol of Russian-backed separatists.
18 (c) OCCUPATION OF THE GEORGIAN TERRITORIES OF
19 ABKHAZIA AND TSKHINVALI REGION/SOUTH OSSETIA.—
21 priated by this Act may be made available for assist-
22 ance for the central government of a country that
24 Committees on Appropriations has recognized the
25 independence of, or has established diplomatic rela-
December 21, 2020 (12:59 p.m.)

1505
1 tions with, the Russian Federation occupied Geor-
2 gian territories of Abkhazia and Tskhinvali Region/
3 South Ossetia: Provided, That the Secretary shall
4 publish on the Department of State website a list of
5 any such central governments in a timely manner:
6 Provided further, That the Secretary may waive the
7 restriction on assistance required by this paragraph
8 if the Secretary determines and reports to the Com-
9 mittees on Appropriations that to do so is in the na-
10 tional interest of the United States, and includes a
11 justification for such interest.
13 priated by this Act may be made available to sup-
14 port the Russian Federation occupation of the Geor-
15 gian territories of Abkhazia and Tskhinvali Region/
16 South Ossetia.
18 TIONS.—The Secretary of the Treasury shall in-

21 and vote of the United States to oppose any assist-
22 ance by such institution (including any loan, credit,
23 or guarantee) for any program that violates the sov-
24 ereignty and territorial integrity of Georgia.
25 (d) COUNTERING RUSSIAN INFLUENCE FUND.—
December 21, 2020 (12:59 p.m.)

1506
2 this Act under the headings ‘‘Assistance for Europe,
3 Eurasia and Central Asia’’, ‘‘International Narcotics
4 Control and Law Enforcement’’, ‘‘International Mili-
5 tary Education and Training’’, and ‘‘Foreign Mili-
6 tary Financing Program’’, not less than
7 $290,000,000 shall be made available to carry out
8 the purposes of the Countering Russian Influence
9 Fund, as authorized by section 254 of the Coun-
10 tering Russian Influence in Europe and Eurasia Act
11 of 2017 (Public Law 115–44; 22 U.S.C. 9543) and
12 notwithstanding the country limitation in subsection
13 (b) of such section, and programs to enhance the ca-
14 pacity of law enforcement and security forces in
15 countries in Europe, Eurasia, and Central Asia and
16 strengthen security cooperation between such coun-
17 tries and the United States and the North Atlantic
18 Treaty Organization, as appropriate.
19 (2) ECONOMICS AND TRADE.—Funds appro-
20 priated by this Act and made available for assistance
21 for the Eastern Partnership countries shall be made
22 available to advance the implementation of Associa-
23 tion Agreements and trade agreements with the Eu-
24 ropean Union, and to reduce their vulnerability to
December 21, 2020 (12:59 p.m.)

1507
1 external economic and political pressure from the
2 Russian Federation.
3 (e) DEMOCRACY PROGRAMS.—Funds appropriated by
4 this Act shall be made available to support democracy pro-
5 grams in the Russian Federation and other countries in
6 Europe, Eurasia, and Central Asia, including to promote
7 Internet freedom: Provided, That of the funds appro-
8 priated under the heading ‘‘Assistance for Europe, Eur-
9 asia and Central Asia’’, not less than $20,000,000 shall
10 be made available to strengthen democracy and civil soci-
11 ety in Central Europe, including for transparency, inde-
12 pendent media, rule of law, minority rights, and programs
13 to combat anti-Semitism.
14 UNITED NATIONS
15 SEC. 7048. (a) TRANSPARENCY AND ACCOUNT-

16 ABILITY.—Not later than 180 days after enactment of this
17 Act, the Secretary of State shall report to the Committees
18 on Appropriations whether each organization, department,
19 or agency receiving a contribution from funds appro-
20 priated by this Act under the headings ‘‘Contributions to
21 International Organizations’’ and ‘‘International Organi-
22 zations and Programs’’ is—
23 (1) posting on a publicly available website, con-
24 sistent with privacy regulations and due process,
25 regular financial and programmatic audits of such
December 21, 2020 (12:59 p.m.)

1508
1 organization, department, or agency, and providing
2 the United States Government with necessary access
3 to such financial and performance audits;
4 (2) effectively implementing and enforcing poli-
5 cies and procedures which meet or exceed best prac-
6 tices in the United States for the protection of whis-
7 tleblowers from retaliation, including—
8 (A) protection against retaliation for inter-
9 nal and lawful public disclosures;
10 (B) legal burdens of proof;
11 (C) statutes of limitation for reporting re-
12 taliation;
13 (D) access to binding independent adju-
14 dicative bodies, including shared cost and selec-
15 tion of external arbitration; and
16 (E) results that eliminate the effects of
17 proven retaliation, including provision for the
18 restoration of prior employment; and
19 (3) effectively implementing and enforcing poli-
20 cies and procedures on the appropriate use of travel
21 funds, including restrictions on first-class and busi-
22 ness-class travel.
23 (b) RESTRICTIONS ON UNITED NATIONS DELEGA-
24 TIONS AND ORGANIZATIONS.—
December 21, 2020 (12:59 p.m.)

1509
1 (1) RESTRICTIONS ON UNITED STATES DELEGA-
2 TIONS.—None of the funds made available by this

3 Act may be used to pay expenses for any United
4 States delegation to any specialized agency, body, or
5 commission of the United Nations if such agency,
6 body, or commission is chaired or presided over by
7 a country, the government of which the Secretary of
8 State has determined, for purposes of section
9 1754(c) of the Export Reform Control Act of 2018
10 (50 U.S.C. 4813(c)), supports international ter-
11 rorism.
12 (2) RESTRICTIONS ON CONTRIBUTIONS.—None
13 of the funds made available by this Act may be used

14 by the Secretary of State as a contribution to any
15 organization, agency, commission, or program within
16 the United Nations system if such organization,
17 agency, commission, or program is chaired or pre-
18 sided over by a country the government of which the
19 Secretary of State has determined, for purposes of
20 section 620A of the Foreign Assistance Act of 1961,
21 section 40 of the Arms Export Control Act, section
22 1754(c) of the Export Reform Control Act of 2018
23 (50 U.S.C. 4813(c)), or any other provision of law,
24 is a government that has repeatedly provided sup-
25 port for acts of international terrorism.
December 21, 2020 (12:59 p.m.)

1510
1 (3) WAIVER.—The Secretary of State may
2 waive the restriction in this subsection if the Sec-
3 retary determines and reports to the Committees on
4 Appropriations that to do so is important to the na-
5 tional interest of the United States, including a de-
6 scription of the national interest served.
7 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—
8 None of the funds appropriated by this Act may be made
9 available in support of the United Nations Human Rights
10 Council unless the Secretary of State determines and re-
11 ports to the Committees on Appropriations that participa-
12 tion in the Council is important to the national interest
13 of the United States and that such Council is taking sig-
14 nificant steps to remove Israel as a permanent agenda
15 item and ensure integrity in the election of members to
16 such Council: Provided, That such report shall include a
17 description of the national interest served and the steps
18 taken to remove Israel as a permanent agenda item and
19 ensure integrity in the election of members to such Coun-
20 cil: Provided further, That the Secretary of State shall re-
21 port to the Committees on Appropriations not later than
22 September 30, 2021, on the resolutions considered in the
23 United Nations Human Rights Council during the pre-
24 vious 12 months, and on steps taken to remove Israel as
December 21, 2020 (12:59 p.m.)

1511
1 a permanent agenda item and ensure integrity in the elec-
2 tion of members to such Council.
3 (d) UNITED NATIONS RELIEF AND WORKS AGEN-
4 CY.—Prior to the initial obligation of funds for the United
5 Nations Relief and Works Agency (UNRWA), the Sec-
6 retary of State shall report to the Committees on Appro-
7 priations, in writing, on whether UNRWA is—
8 (1) utilizing Operations Support Officers in the
9 West Bank, Gaza, and other fields of operation to
10 inspect UNRWA installations and reporting any in-
11 appropriate use;
12 (2) acting promptly to address any staff or ben-
13 eficiary violation of its own policies (including the
14 policies on neutrality and impartiality of employees)
15 and the legal requirements under section 301(c) of
16 the Foreign Assistance Act of 1961;
17 (3) implementing procedures to maintain the
18 neutrality of its facilities, including implementing a
19 no-weapons policy, and conducting regular inspec-
20 tions of its installations, to ensure they are only
21 used for humanitarian or other appropriate pur-
22 poses;
23 (4) taking necessary and appropriate measures
24 to ensure it is operating in compliance with the con-
25 ditions of section 301(c) of the Foreign Assistance
December 21, 2020 (12:59 p.m.)

1512
1 Act of 1961 and continuing regular reporting to the
2 Department of State on actions it has taken to en-
3 sure conformance with such conditions;
4 (5) taking steps to ensure the content of all
5 educational materials currently taught in UNRWA-
6 administered schools and summer camps is con-
7 sistent with the values of human rights, dignity, and
8 tolerance and does not induce incitement;
9 (6) not engaging in operations with financial in-
10 stitutions or related entities in violation of relevant
11 United States law, and is taking steps to improve
12 the financial transparency of the organization; and
13 (7) in compliance with the United Nations
14 Board of Auditors’ biennial audit requirements and
15 is implementing in a timely fashion the Board’s rec-
16 ommendations.
17 (e) PROHIBITION OF PAYMENTS TO UNITED NA-
18 TIONS MEMBERS.—None of the funds appropriated or
19 made available pursuant to titles III through VI of this
20 Act for carrying out the Foreign Assistance Act of 1961,
21 may be used to pay in whole or in part any assessments,
22 arrearages, or dues of any member of the United Nations
23 or, from funds appropriated by this Act to carry out chap-
24 ter 1 of part I of the Foreign Assistance Act of 1961,
25 the costs for participation of another country’s delegation
December 21, 2020 (12:59 p.m.)

1513
1 at international conferences held under the auspices of
2 multilateral or international organizations.
3 (f) REPORT.—Not later than 45 days after enactment
4 of this Act, the Secretary of State shall submit a report
5 to the Committees on Appropriations detailing the amount
6 of funds available for obligation or expenditure in fiscal
7 year 2021 for contributions to any organization, depart-
8 ment, agency, or program within the United Nations sys-
9 tem or any international program that are withheld from
10 obligation or expenditure due to any provision of law: Pro-
11 vided, That the Secretary shall update such report each
12 time additional funds are withheld by operation of any
13 provision of law: Provided further, That the reprogram-
14 ming of any withheld funds identified in such report, in-
15 cluding updates thereof, shall be subject to prior consulta-
16 tion with, and the regular notification procedures of, the
18 (g) SEXUAL EXPLOITATION AND ABUSE IN PEACE-
19 KEEPING OPERATIONS.—The Secretary of State should
20 withhold assistance to any unit of the security forces of
21 a foreign country if the Secretary has credible information
22 that such unit has engaged in sexual exploitation or abuse,
23 including while serving in a United Nations peacekeeping
24 operation, until the Secretary determines that the govern-
25 ment of such country is taking effective steps to hold the
December 21, 2020 (12:59 p.m.)

1514
1 responsible members of such unit accountable and to pre-
2 vent future incidents: Provided, That the Secretary shall
3 promptly notify the government of each country subject
4 to any withholding of assistance pursuant to this para-
5 graph, and shall notify the appropriate congressional com-
6 mittees of such withholding not later than 10 days after
7 a determination to withhold such assistance is made: Pro-
8 vided further, That the Secretary shall, to the maximum
9 extent practicable, assist such government in bringing the
10 responsible members of such unit to justice.
11 (h) ADDITIONAL AVAILABILITY.—Subject to the reg-
12 ular notification procedures of the Committees on Appro-
13 priations, funds appropriated by this Act which are re-
14 turned or not made available due to the third proviso
15 under the heading ‘‘Contributions for International Peace-
16 keeping Activities’’ in title I of this Act or section 307(a)
17 of the Foreign Assistance Act of 1961 (22 U.S.C.
18 2227(a)), shall remain available for obligation until Sep-
19 tember 30, 2022: Provided, That the requirement to with-
20 hold funds for programs in Burma under section 307(a)
21 of the Foreign Assistance Act of 1961 shall not apply to
22 funds appropriated by this Act.
23 WAR CRIMES TRIBUNALS
24 SEC. 7049. (a) If the President determines that doing

25 so will contribute to a just resolution of charges regarding
December 21, 2020 (12:59 p.m.)

1515
1 genocide or other violations of international humanitarian
2 law, the President may direct a drawdown pursuant to sec-
3 tion 552(c) of the Foreign Assistance Act of 1961 of up
4 to $30,000,000 of commodities and services for the United
5 Nations War Crimes Tribunal established with regard to
6 the former Yugoslavia by the United Nations Security
7 Council or such other tribunals or commissions as the
8 Council may establish or authorize to deal with such viola-
9 tions, without regard to the ceiling limitation contained
10 in paragraph (2) thereof: Provided, That the determina-
11 tion required under this section shall be in lieu of any de-
12 terminations otherwise required under section 552(c): Pro-
13 vided further, That funds made available pursuant to this
14 section shall be made available subject to the regular noti-
15 fication procedures of the Committees on Appropriations.
16 (b) None of the funds appropriated by this Act may
17 be made available for a United States contribution to the
18 International Criminal Court: Provided, That funds may
19 be made available for technical assistance, training, assist-
20 ance for victims, protection of witnesses, and law enforce-
21 ment support related to international investigations, ap-
22 prehensions, prosecutions, and adjudications of genocide,
23 crimes against humanity, and war crimes: Provided fur-
24 ther, That the previous proviso shall not apply to inves-
25 tigations, apprehensions, or prosecutions of American
December 21, 2020 (12:59 p.m.)

1516
1 service members and other United States citizens or na-
2 tionals, or nationals of the North Atlantic Treaty Organi-
3 zation (NATO) or major non-NATO allies initially des-
4 ignated pursuant to section 517(b) of the Foreign Assist-
5 ance Act of 1961.
6 GLOBAL INTERNET FREEDOM
7 SEC. 7050. (a) FUNDING.—Of the funds available for

8 obligation during fiscal year 2021 under the headings
9 ‘‘International Broadcasting Operations’’, ‘‘Economic
10 Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for
11 Europe, Eurasia and Central Asia’’, not less than
12 $70,000,000 shall be made available for programs to pro-
13 mote Internet freedom globally: Provided, That such pro-
14 grams shall be prioritized for countries whose governments
15 restrict freedom of expression on the Internet, and that
16 are important to the national interest of the United
17 States: Provided further, That funds made available pursu-
18 ant to this section shall be matched, to the maximum ex-
19 tent practicable, by sources other than the United States
20 Government, including from the private sector.
21 (b) REQUIREMENTS.—
22 (1) DEPARTMENT OF STATE AND UNITED
23 STATES AGENCY FOR INTERNATIONAL DEVELOP-
24 MENT.—Funds appropriated by this Act under the

25 headings ‘‘Economic Support Fund’’, ‘‘Democracy
December 21, 2020 (12:59 p.m.)

1517
1 Fund’’, and ‘‘Assistance for Europe, Eurasia and
2 Central Asia’’ that are made available pursuant to
3 subsection (a) shall be—
4 (A) coordinated with other democracy pro-
5 grams funded by this Act under such headings,
6 and shall be incorporated into country assist-
7 ance and democracy promotion strategies, as
8 appropriate;
9 (B) for programs to implement the May
10 2011, International Strategy for Cyberspace,
11 the Department of State International Cyber-
12 space Policy Strategy required by section 402
13 of the Cybersecurity Act of 2015 (division N of
14 Public Law 114–113), and the comprehensive
15 strategy to promote Internet freedom and ac-
16 cess to information in Iran, as required by sec-
17 tion 414 of the Iran Threat Reduction and
18 Syria Human Rights Act of 2012 (22 U.S.C.
19 8754);
20 (C) made available for programs that sup-
21 port the efforts of civil society to counter the
22 development of repressive Internet-related laws
23 and regulations, including countering threats to
24 Internet freedom at international organizations;
25 to combat violence against bloggers and other
December 21, 2020 (12:59 p.m.)

1518
1 users; and to enhance digital security training
2 and capacity building for democracy activists;
3 (D) made available for research of key
4 threats to Internet freedom; the continued de-
5 velopment of technologies that provide or en-
6 hance access to the Internet, including cir-
7 cumvention tools that bypass Internet blocking,
8 filtering, and other censorship techniques used
9 by authoritarian governments; and maintenance
10 of the technological advantage of the United
11 States Government over such censorship tech-
12 niques: Provided, That the Secretary of State,
13 in consultation with the United States Agency
14 for Global Media Chief Executive Officer
15 (USAGM CEO) and the President of the Open
16 Technology Fund (OTF), shall coordinate any
17 such research and development programs with
18 other relevant United States Government de-
19 partments and agencies in order to share infor-
20 mation, technologies, and best practices, and to
21 assess the effectiveness of such technologies;
22 and
23 (E) made available only after the Assistant
24 Secretary for Democracy, Human Rights, and
December 21, 2020 (12:59 p.m.)

1519
1 Labor, Department of State, concurs that such
2 funds are allocated consistent with—
3 (i) the strategies referenced in sub-
4 paragraph (B) of this paragraph;
5 (ii) best practices regarding security
6 for, and oversight of, Internet freedom pro-
7 grams; and
8 (iii) sufficient resources and support
9 for the development and maintenance of
10 anti-censorship technology and tools.
11 (2) UNITED STATES AGENCY FOR GLOBAL
12 MEDIA.—Funds appropriated by this Act under the

13 heading ‘‘International Broadcasting Operations’’
14 that are made available pursuant to subsection (a)
15 shall be—
16 (A) made available only for open-source
17 tools and techniques to securely develop and
18 distribute USAGM digital content, facilitate au-
19 dience access to such content on websites that
20 are censored, coordinate the distribution of
21 USAGM digital content to targeted regional au-
22 diences, and to promote and distribute such
23 tools and techniques, including digital security
24 techniques;
December 21, 2020 (12:59 p.m.)

1520
1 (B) coordinated by the USAGM CEO, in
2 consultation with the OTF President, with pro-
3 grams funded by this Act under the heading
4 ‘‘International Broadcasting Operations’’, and
5 shall be incorporated into country broadcasting
6 strategies, as appropriate;
7 (C) coordinated by the USAGM CEO, in
8 consultation with the OTF President, to solicit
9 project proposals through an open, transparent,
10 and competitive application process, seek input
11 from technical and subject matter experts to se-
12 lect proposals, and support Internet circumven-
13 tion tools and techniques for audiences in coun-
14 tries that are strategic priorities for the OTF
15 and in a manner consistent with the United
16 States Government Internet freedom strategy;
17 and
18 (D) made available for the research and
19 development of new tools or techniques author-
20 ized in subparagraph (A) only after the
21 USAGM CEO, in consultation with the Sec-
22 retary of State, the OTF President, and other
23 relevant United States Government depart-
24 ments and agencies, evaluates the risks and
25 benefits of such new tools or techniques, and
December 21, 2020 (12:59 p.m.)

1521
1 establishes safeguards to minimize the use of
2 such new tools or techniques for illicit purposes.
3 (c) COORDINATION AND SPEND PLANS.—After con-
4 sultation among the relevant agency heads to coordinate
5 and de-conflict planned activities, but not later than 90
6 days after enactment of this Act, the Secretary of State
7 and the USAGM CEO, in consultation with the OTF
8 President, shall submit to the Committees on Appropria-
9 tions spend plans for funds made available by this Act for
10 programs to promote Internet freedom globally, which
11 shall include a description of safeguards established by rel-
12 evant agencies to ensure that such programs are not used
13 for illicit purposes: Provided, That the Department of
14 State spend plan shall include funding for all such pro-
15 grams for all relevant Department of State and the United
16 States Agency for International Development offices and
17 bureaus.
18 (d) SECURITY AUDITS.—Funds made available pur-
19 suant to this section to promote Internet freedom globally
20 may only be made available to support open-source tech-
21 nologies that undergo comprehensive security audits con-
22 sistent with the requirements of the Bureau of Democracy,
23 Human Rights, and Labor, Department of State to ensure
24 that such technology is secure and has not been com-
25 promised in a manner detrimental to the interest of the
December 21, 2020 (12:59 p.m.)

1522
1 United States or to individuals and organizations bene-
2 fiting from programs supported by such funds: Provided,
3 That the security auditing procedures used by such Bu-
4 reau shall be reviewed and updated periodically to reflect
5 current industry security standards.
6 (e) SURGE.—Of the funds appropriated by this Act
7 under the heading ‘‘Economic Support Fund’’, up to
8 $2,500,000 may be made available to surge Internet free-
9 dom programs in closed societies if the Secretary of State
10 determines and reports to the appropriate congressional
11 committees that such use of funds is in the national inter-
12 est: Provided, That such funds are in addition to amounts
13 made available for such purposes: Provided further, That
14 such funds may be transferred to, and merged with, funds
15 appropriated by this Act under the heading ‘‘International
16 Broadcasting Operations’’ following consultation with, and
17 the regular notification procedures of, the Committees on
18 Appropriations.
19 TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING
20 TREATMENT OR PUNISHMENT
21 SEC. 7051. (a) LIMITATION.—None of the funds

22 made available by this Act may be used to support or jus-
23 tify the use of torture and other cruel, inhuman, or de-
24 grading treatment or punishment by any official or con-
25 tract employee of the United States Government.
December 21, 2020 (12:59 p.m.)

1523
1 (b) ASSISTANCE.—Funds appropriated under titles
2 III and IV of this Act shall be made available, notwith-
3 standing section 660 of the Foreign Assistance Act of
4 1961 and following consultation with the Committees on
5 Appropriations, for assistance to eliminate torture and
6 other cruel, inhuman, or degrading treatment or punish-
7 ment by foreign police, military or other security forces
8 in countries receiving assistance from funds appropriated
9 by this Act.
10 AIRCRAFT TRANSFER, COORDINATION, AND USE
11 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith-

12 standing any other provision of law or regulation, aircraft
13 procured with funds appropriated by this Act and prior
15 foreign operations, and related programs under the head-
16 ings ‘‘Diplomatic Programs’’, ‘‘International Narcotics
17 Control and Law Enforcement’’, ‘‘Andean Counterdrug
18 Initiative’’, and ‘‘Andean Counterdrug Programs’’ may be
19 used for any other program and in any region.
20 (b) PROPERTY DISPOSAL.—The authority provided
21 in subsection (a) shall apply only after the Secretary of
22 State determines and reports to the Committees on Appro-
23 priations that the equipment is no longer required to meet
24 programmatic purposes in the designated country or re-
25 gion: Provided, That any such transfer shall be subject
December 21, 2020 (12:59 p.m.)

1524
1 to prior consultation with, and the regular notification
2 procedures of, the Committees on Appropriations.
3 (c) AIRCRAFT COORDINATION.—
4 (1) AUTHORITY.—The uses of aircraft pur-
5 chased or leased by the Department of State and the
6 United States Agency for International Development
7 with funds made available in this Act or prior Acts
9 foreign operations, and related programs shall be co-
10 ordinated under the authority of the appropriate
11 Chief of Mission: Provided, That notwithstanding
12 section 7063(b) of this Act, such aircraft may be
13 used to transport, on a reimbursable or non-reim-
14 bursable basis, Federal and non-Federal personnel
15 supporting Department of State and USAID pro-
16 grams and activities: Provided further, That official
17 travel for other agencies for other purposes may be
18 supported on a reimbursable basis, or without reim-
19 bursement when traveling on a space available basis:
20 Provided further, That funds received by the Depart-
21 ment of State in connection with the use of aircraft
22 owned, leased, or chartered by the Department of
23 State may be credited to the Working Capital Fund
24 of the Department and shall be available for ex-
December 21, 2020 (12:59 p.m.)

1525
1 penses related to the purchase, lease, maintenance,
2 chartering, or operation of such aircraft.
3 (2) SCOPE.—The requirement and authorities
4 of this subsection shall only apply to aircraft, the
5 primary purpose of which is the transportation of
6 personnel.
7 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.—
8 To the maximum extent practicable, the costs of oper-
9 ations and maintenance, including fuel, of aircraft funded
10 by this Act shall be borne by the recipient country.
11 PARKING FINES AND REAL PROPERTY TAXES OWED BY
12 FOREIGN GOVERNMENTS

15 lated Programs Appropriations Act, 2010 (division F of
16 Public Law 111–117) shall apply to this Act: Provided,
17 That the date ‘‘September 30, 2009’’ in subsection
18 (f)(2)(B) of such section shall be deemed to be ‘‘Sep-
19 tember 30, 2020’’.
20 INTERNATIONAL MONETARY FUND
21 SEC. 7054. (a) EXTENSIONS.—The terms and condi-

22 tions of sections 7086(b) (1) and (2) and 7090(a) of the
23 Department of State, Foreign Operations, and Related
24 Programs Appropriations Act, 2010 (division F of Public
25 Law 111–117) shall apply to this Act.
December 21, 2020 (12:59 p.m.)

1526
1 (b) REPAYMENT.—The Secretary of the Treasury
2 shall instruct the United States Executive Director of the
3 International Monetary Fund (IMF) to seek to ensure
4 that any loan will be repaid to the IMF before other pri-
5 vate or multilateral creditors.
6 EXTRADITION
7 SEC. 7055. (a) LIMITATION.—None of the funds ap-

8 propriated in this Act may be used to provide assistance
9 (other than funds provided under the headings ‘‘Develop-
10 ment Assistance’’, ‘‘International Disaster Assistance’’,
11 ‘‘Complex Crises Fund’’, ‘‘International Narcotics Control
12 and Law Enforcement’’, ‘‘Migration and Refugee Assist-
13 ance’’, ‘‘United States Emergency Refugee and Migration
14 Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism,
15 Demining and Related Assistance’’) for the central gov-
16 ernment of a country which has notified the Department
17 of State of its refusal to extradite to the United States
18 any individual indicted for a criminal offense for which
19 the maximum penalty is life imprisonment without the
20 possibility of parole or for killing a law enforcement offi-
21 cer, as specified in a United States extradition request.
22 (b) CLARIFICATION.—Subsection (a) shall only apply
23 to the central government of a country with which the
24 United States maintains diplomatic relations and with
25 which the United States has an extradition treaty and the
December 21, 2020 (12:59 p.m.)

1527
1 government of that country is in violation of the terms
2 and conditions of the treaty.
3 (c) WAIVER.—The Secretary of State may waive the
4 restriction in subsection (a) on a case-by-case basis if the
5 Secretary certifies to the Committees on Appropriations
6 that such waiver is important to the national interest of
8 IMPACT ON JOBS IN THE UNITED STATES

10 wise made available under titles III through VI of this
11 Act may be obligated or expended to provide—
12 (1) any financial incentive to a business enter-
13 prise currently located in the United States for the
14 purpose of inducing such an enterprise to relocate
15 outside the United States if such incentive or in-
16 ducement is likely to reduce the number of employ-
17 ees of such business enterprise in the United States
18 because United States production is being replaced
19 by such enterprise outside the United States;
20 (2) assistance for any program, project, or ac-
21 tivity that contributes to the violation of internation-
22 ally recognized workers’ rights, as defined in section
23 507(4) of the Trade Act of 1974, of workers in the
24 recipient country, including any designated zone or
25 area in that country: Provided, That the application
December 21, 2020 (12:59 p.m.)

1528
1 of section 507(4)(D) and (E) of such Act (19 U.S.C.
2 2467(4)(D) and (E)) should be commensurate with
3 the level of development of the recipient country and
4 sector, and shall not preclude assistance for the in-
5 formal sector in such country, micro and small-scale
6 enterprise, and smallholder agriculture;
7 (3) any assistance to an entity outside the
8 United States if such assistance is for the purpose
9 of directly relocating or transferring jobs from the
10 United States to other countries and adversely im-
11 pacts the labor force in the United States; or
12 (4) for the enforcement of any rule, regulation,
13 policy, or guidelines implemented pursuant to the
14 Supplemental Guidelines for High Carbon Intensity
15 Projects approved by the Export-Import Bank of the
16 United States on December 12, 2013, when enforce-
17 ment of such rule, regulation, policy, or guidelines
18 would prohibit, or have the effect of prohibiting, any
19 coal-fired or other power-generation project the pur-
20 pose of which is to—
21 (A) provide affordable electricity in Inter-
22 national Development Association (IDA)-eligible
23 countries and IDA-blend countries; and
December 21, 2020 (12:59 p.m.)

1529
1 (B) increase exports of goods and services
2 from the United States or prevent the loss of
3 jobs from the United States.
4 UNITED NATIONS POPULATION FUND
5 SEC. 7057. (a) CONTRIBUTION.—Of the funds made

6 available under the heading ‘‘International Organizations
7 and Programs’’ in this Act for fiscal year 2021,
8 $32,500,000 shall be made available for the United Na-
9 tions Population Fund (UNFPA).
10 (b) AVAILABILITY OF FUNDS.—Funds appropriated
11 by this Act for UNFPA, that are not made available for
12 UNFPA because of the operation of any provision of law,
13 shall be transferred to the ‘‘Global Health Programs’’ ac-
14 count and shall be made available for family planning, ma-
15 ternal, and reproductive health activities, subject to the
16 regular notification procedures of the Committees on Ap-
17 propriations.
18 (c) PROHIBITION ON USE OF FUNDS IN CHINA.—
19 None of the funds made available by this Act may be used
20 by UNFPA for a country program in the People’s Repub-
21 lic of China.
22 (d) CONDITIONS ON AVAILABILITY OF FUNDS.—
23 Funds made available by this Act for UNFPA may not
24 be made available unless—
December 21, 2020 (12:59 p.m.)

1530
1 (1) UNFPA maintains funds made available by
2 this Act in an account separate from other accounts
3 of UNFPA and does not commingle such funds with
4 other sums; and
5 (2) UNFPA does not fund abortions.
6 (e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL-
7 LAR WITHHOLDING OF FUNDS.—
8 (1) Not later than 4 months after the date of
9 enactment of this Act, the Secretary of State shall
10 submit a report to the Committees on Appropria-
11 tions indicating the amount of funds that UNFPA
12 is budgeting for the year in which the report is sub-
13 mitted for a country program in the People’s Repub-
14 lic of China.
15 (2) If a report under paragraph (1) indicates
16 that UNFPA plans to spend funds for a country
17 program in the People’s Republic of China in the
18 year covered by the report, then the amount of such
19 funds UNFPA plans to spend in the People’s Re-
20 public of China shall be deducted from the funds
21 made available to UNFPA after March 1 for obliga-
22 tion for the remainder of the fiscal year in which the
23 report is submitted.
December 21, 2020 (12:59 p.m.)

1531
1 GLOBAL HEALTH ACTIVITIES
2 SEC. 7058. (a) IN GENERAL.—Funds appropriated

3 by titles III and IV of this Act that are made available
4 for bilateral assistance for child survival activities or dis-
5 ease programs including activities relating to research on,
6 and the prevention, treatment and control of, HIV/AIDS
7 may be made available notwithstanding any other provi-
8 sion of law except for provisions under the heading ‘‘Glob-
9 al Health Programs’’ and the United States Leadership
10 Against HIV/AIDS, Tuberculosis, and Malaria Act of
11 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend-
12 ed: Provided, That of the funds appropriated under title
13 III of this Act, not less than $575,000,000 should be made
14 available for family planning/reproductive health, includ-
15 ing in areas where population growth threatens biodiver-
16 sity or endangered species.
17 (b) INFECTIOUS DISEASE OUTBREAKS.—
18 (1) GLOBAL HEALTH SECURITY.—Funds appro-
19 priated by this Act under the heading ‘‘Global
20 Health Programs’’ shall be made available for global
21 health security programs, which shall prioritize and
22 accelerate efforts to strengthen public health capac-
23 ity in countries where there is a high risk of emerg-
24 ing zoonotic and other infectious diseases and to
25 support the collection, analysis, and sharing of data
December 21, 2020 (12:59 p.m.)

1532
1 on unknown viruses and other pathogens: Provided,
2 That not later than 60 days after enactment of this
3 Act, the USAID Administrator shall consult with
4 the Committees on Appropriations on the planned
5 uses of such funds.
6 (2) EXTRAORDINARY MEASURES.—If the Sec-
7 retary of State determines and reports to the Com-
8 mittees on Appropriations that an international in-
9 fectious disease outbreak is sustained, severe, and is
10 spreading internationally, or that it is in the na-
11 tional interest to respond to a Public Health Emer-
12 gency of International Concern, not to exceed an ag-
13 gregate total of $200,000,000 of the funds appro-
14 priated by this Act under the headings ‘‘Global
15 Health Programs’’, ‘‘Development Assistance’’,
16 ‘‘International Disaster Assistance’’, ‘‘Complex Cri-
17 ses Fund’’, ‘‘Economic Support Fund’’, ‘‘Democracy
18 Fund’’, ‘‘Assistance for Europe, Eurasia and Cen-
19 tral Asia’’, ‘‘Migration and Refugee Assistance’’, and
20 ‘‘Millennium Challenge Corporation’’ may be made
21 available to combat such infectious disease or public
22 health emergency, and may be transferred to, and
23 merged with, funds appropriated under such head-
24 ings for the purposes of this paragraph.
December 21, 2020 (12:59 p.m.)

1533
1 (3) EMERGENCY RESERVE FUND.—Up to
2 $50,000,000 of the funds made available under the
3 heading ‘‘Global Health Programs’’ may be made
4 available for the Emergency Reserve Fund estab-
5 lished pursuant to section 7058(c)(1) of the Depart-
6 ment of State, Foreign Operations, and Related Pro-
7 grams Appropriations Act, 2017 (division J of Pub-
8 lic Law 115–31): Provided, That such funds shall be
9 made available under the same terms and conditions
10 of such section.
12 Funds made available by this subsection shall be

13 subject to prior consultation with the appropriate
14 congressional committees and the regular notifica-
16 tions.
17 (c) CHILDHOOD CANCER.—Funds appropriated
18 under titles III and VI of this Act may be made available
19 for public-private partnerships, including in coordination
20 with relevant multilateral organizations and research enti-
21 ties, to address childhood cancer: Provided, That the Sec-
22 retary of State, in consultation with the USAID Adminis-
23 trator and the Office of Global Partnerships, Department
24 of State, shall submit a report to the Committees on Ap-
25 propriations on the feasibility of such partnerships prior
December 21, 2020 (12:59 p.m.)

1534
1 to any obligation of funds and not later than 90 days after
3 GENDER EQUALITY
4 SEC. 7059. (a) WOMEN’S EMPOWERMENT.—

5 (1) GENDER EQUALITY.—Funds appropriated
6 by this Act shall be made available to promote gen-
7 der equality in United States Government diplomatic
8 and development efforts by raising the status, in-
9 creasing the participation, and protecting the rights
10 of women and girls worldwide.
11 (2) WOMEN’S ECONOMIC EMPOWERMENT.—
12 Funds appropriated by this Act are available to im-

13 plement the Women’s Entrepreneurship and Eco-
14 nomic Empowerment Act of 2018 (Public Law 115–
15 428): Provided, That the Secretary of State and the
16 Administrator of the United States Agency for
17 International Development, as appropriate, shall
18 consult with the Committees on Appropriations on
19 the implementation of such Act.
20 (3) WOMEN’S GLOBAL DEVELOPMENT AND
21 PROSPERITY FUND.—Of the funds appropriated

22 under title III of this Act, up to $200,000,000 may
23 be made available for the Women’s Global Develop-
24 ment and Prosperity Fund.
December 21, 2020 (12:59 p.m.)

1535
1 (b) WOMEN’S LEADERSHIP.—Of the funds appro-
2 priated by title III of this Act, not less than $50,000,000
3 shall be made available for programs specifically designed
4 to increase leadership opportunities for women in coun-
5 tries where women and girls suffer discrimination due to
6 law, policy, or practice, by strengthening protections for
7 women’s political status, expanding women’s participation
8 in political parties and elections, and increasing women’s
9 opportunities for leadership positions in the public and
10 private sectors at the local, provincial, and national levels.
11 (c) GENDER-BASED VIOLENCE.—
12 (1) Of the funds appropriated under titles III
13 and IV of this Act, not less than $165,000,000 shall
14 be made available to implement a multi-year strat-
15 egy to prevent and respond to gender-based violence
16 in countries where it is common in conflict and non-
17 conflict settings.
18 (2) Funds appropriated under titles III and IV
19 of this Act that are available to train foreign police,
20 judicial, and military personnel, including for inter-
21 national peacekeeping operations, shall address,
22 where appropriate, prevention and response to gen-
23 der-based violence and trafficking in persons, and
24 shall promote the integration of women into the po-
25 lice and other security forces.
December 21, 2020 (12:59 p.m.)

1536
1 (d) WOMEN, PEACE, AND SECURITY.—Of the funds
2 appropriated by this Act under the headings ‘‘Develop-
3 ment Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assist-
4 ance for Europe, Eurasia and Central Asia’’, and ‘‘Inter-
5 national Narcotics Control and Law Enforcement’’, not
6 less than $130,000,000 should be made available to sup-
7 port a multi-year strategy to expand, and improve coordi-
8 nation of, United States Government efforts to empower
9 women as equal partners in conflict prevention, peace
10 building, transitional processes, and reconstruction efforts
11 in countries affected by conflict or in political transition,
12 and to ensure the equitable provision of relief and recovery
13 assistance to women and girls.
14 (e) WOMEN AND GIRLS AT RISK FROM EXTREMISM
15 AND CONFLICT.—Of the funds appropriated by this Act
16 under the heading ‘‘Economic Support Fund’’, not less
17 than $15,000,000 shall be made available to support
18 women and girls who are at risk from extremism and con-
19 flict, and for the activities described in section 7059(e)(1)
21 lated Programs Appropriations Act, 2018 (division K of
22 Public Law 115–141): Provided, That such funds are in
23 addition to amounts otherwise made available by this Act
24 for such purposes, and shall be made available following
December 21, 2020 (12:59 p.m.)

1537
2 of, the Committees on Appropriations.
3 SECTOR ALLOCATIONS
4 SEC. 7060. (a) BASIC EDUCATION AND HIGHER

5 EDUCATION.—
6 (1) BASIC EDUCATION.—

8 III of this Act, not less than $950,000,000
9 shall be made available for assistance for basic
10 education, and such funds may be made avail-
11 able notwithstanding any other provision of law
12 that restricts assistance to foreign countries:
13 Provided, That such funds shall also be used
14 for secondary education activities: Provided fur-
15 ther, That the Administrator of the United
16 States Agency for International Development,
17 following consultation with the Committees on
18 Appropriations, may reprogram such funds be-
19 tween countries: Provided further, That of the
20 funds made available by this paragraph,
21 $150,000,000 should be available for the edu-
22 cation of girls in areas of conflict: Provided fur-
23 ther, That funds made available under the
24 headings ‘‘Development Assistance’’ and ‘‘Eco-
25 nomic Support Fund’’ for the support of non-
December 21, 2020 (12:59 p.m.)

1538
1 state schools in this Act and prior Acts making
2 appropriations for the Department of State,
3 foreign operations, and related programs shall
4 be subject to the regular notification procedures
5 of the Committees on Appropriations.
6 (B) Of the funds appropriated under title
7 III of this Act for assistance for basic education
8 programs, not less than $150,000,000 shall be
9 made available for contributions to multilateral
10 partnerships that support education.
11 (C) Funds appropriated under title III of
12 this Act and made available for assistance for
13 basic education as provided for in this para-
14 graph shall be referred to as the ‘‘Nita M.
15 Lowey Basic Education Fund’’.
16 (2) HIGHER EDUCATION.—Of the funds appro-
17 priated by title III of this Act, not less than
19 for higher education: Provided, That such funds may
20 be made available notwithstanding any other provi-
21 sion of law that restricts assistance to foreign coun-
22 tries, and shall be subject to the regular notification
23 procedures of the Committees on Appropriations:
24 Provided further, That of such amount, not less than
25 $35,000,000 shall be made available for new and on-
December 21, 2020 (12:59 p.m.)

1539
1 going partnerships between higher education institu-
2 tions in the United States and developing countries
3 focused on building the capacity of higher education
4 institutions and systems in developing countries:
5 Provided further, That not later than 45 days after
6 enactment of this Act, the USAID Administrator
8 on the proposed uses of funds for such partnerships.
9 (3) HIGHER EDUCATION IN COUNTRIES IM-
10 PACTED BY ECONOMIC CRISES.—In addition to

11 amounts made available pursuant to paragraph (2),
12 of the funds appropriated by this Act under the
13 heading ‘‘Economic Support Fund’’, not less than
14 $50,000,000 shall be made available, notwith-
15 standing any other provision of law that restricts as-
16 sistance to foreign countries and following consulta-
17 tion with the Committees on Appropriations, for the
18 following institutions that are recipients of United
19 States assistance and located in countries impacted
20 by economic crises—
21 (A) United States-accredited institutions of
22 higher education in the Middle East; and
23 (B) not-for-profit, coeducational American
24 institutions of higher education in the Middle
25 East and Asia.
December 21, 2020 (12:59 p.m.)

1540
1 (b) DEVELOPMENT PROGRAMS.—Of the funds appro-
2 priated by this Act under the heading ‘‘Development As-
3 sistance’’, not less than $18,500,000 shall be made avail-
4 able for USAID cooperative development programs and
5 not less than $30,000,000 shall be made available for the
6 American Schools and Hospitals Abroad program.
7 (c) ENVIRONMENT PROGRAMS.—
8 (1)(A) Funds appropriated by this Act to carry
9 out the provisions of sections 103 through 106, and
10 chapter 4 of part II, of the Foreign Assistance Act
11 of 1961 may be used, notwithstanding any other
12 provision of law, except for the provisions of this
13 subsection, to support environment programs.
14 (B) Funds made available pursuant to this sub-
15 section shall be subject to the regular notification
17 (2)(A) Of the funds appropriated under title III
18 of this Act, not less than $320,000,000 shall be
19 made available for biodiversity conservation pro-
20 grams.
21 (B) Not less than $100,664,000 of the funds
22 appropriated under titles III and IV of this Act shall
23 be made available to combat the transnational threat
24 of wildlife poaching and trafficking.
December 21, 2020 (12:59 p.m.)

1541
1 (C) None of the funds appropriated under title
2 IV of this Act may be made available for training or
3 other assistance for any military unit or personnel
4 that the Secretary of State determines has been
5 credibly alleged to have participated in wildlife
6 poaching or trafficking, unless the Secretary reports
7 to the appropriate congressional committees that to
8 do so is in the national security interest of the
9 United States.
10 (D) Funds appropriated by this Act for bio-
11 diversity programs shall not be used to support the
12 expansion of industrial scale logging or any other in-
13 dustrial scale extractive activity into areas that were
14 primary/intact tropical forests as of December 30,
15 2013, and the Secretary of the Treasury shall in-
17 international financial institution (IFI) to use the
18 voice and vote of the United States to oppose any
19 financing of any such activity.
20 (3) The Secretary of the Treasury shall instruct
21 the United States executive director of each IFI that
22 it is the policy of the United States to use the voice
23 and vote of the United States, in relation to any
24 loan, grant, strategy, or policy of such institution,
25 regarding the construction of any large dam con-
December 21, 2020 (12:59 p.m.)

1542
1 sistent with the criteria set forth in Senate Report
2 114–79, while also considering whether the project
3 involves important foreign policy objectives.
4 (4) Of the funds appropriated under title III of
5 this Act, not less than $135,000,000 shall be made
6 available for sustainable landscapes programs.
9 available for adaptation programs, including in sup-
10 port of the implementation of the Indo-Pacific Strat-
11 egy.
14 available for renewable energy programs, including
15 in support of carrying out the purposes of the Elec-
16 trify Africa Act (Public Law 114–121) and imple-
17 mentation of the Power Africa initiative.
20 available for programs to address ocean plastic pol-
21 lution and other marine debris, including technical
22 assistance for waste management: Provided, That
23 the Secretary of State, in consultation with the Sec-
24 retary of the Treasury, the USAID Administrator,
25 and the heads of other relevant Federal agencies,
December 21, 2020 (12:59 p.m.)

1543
1 shall seek to enter into negotiations with key bilat-
2 eral and multilateral donors, including the World
3 Bank, to establish a new multilateral fund for ocean
4 plastic pollution and other marine debris: Provided
5 further, That such funds may be made available for
6 a contribution to such new fund, and for a USAID-
7 administered multi-donor fund for such purposes:
8 Provided further, That such funds are in addition to
9 amounts otherwise made available by this Act for
10 such purposes: Provided further, That such funds
11 may only be made available following consultation
12 with the Committees on Appropriations.
13 (d) FOOD SECURITY AND AGRICULTURAL DEVELOP-
14 MENT.—Of the funds appropriated by title III of this Act,
15 not less than $1,010,600,000 shall be made available for
16 food security and agricultural development programs to
17 carry out the purposes of the Global Food Security Act
18 of 2016 (Public Law 114–195): Provided, That funds may
19 be made available for a contribution as authorized by sec-
20 tion 3202 of the Food, Conservation, and Energy Act of
21 2008 (Public Law 110–246), as amended by section 3310
22 of the Agriculture Improvement Act of 2018 (Public Law
23 115–334).
24 (e) MICRO, SMALL, AND MEDIUM-SIZED ENTER-
25 PRISES.—Of the funds appropriated by this Act, not less
December 21, 2020 (12:59 p.m.)

1544
1 than $265,000,000 shall be made available to support the
2 development of, and access to financing for, micro, small,
3 and medium-sized enterprises that benefit the poor, espe-
4 cially women.
5 (f) PROGRAMS TO COMBAT TRAFFICKING IN PER-
6 SONS.—Of the funds appropriated by this Act under the
7 headings ‘‘Development Assistance’’, ‘‘Economic Support
8 Fund’’, ‘‘Assistance for Europe, Eurasia and Central
9 Asia’’, and ‘‘International Narcotics Control and Law En-
10 forcement’’, not less than $99,000,000 shall be made
11 available for activities to combat trafficking in persons
12 internationally, including for the Program to End Modern
13 Slavery, of which not less than $77,000,000 shall be from
14 funds made available under the heading ‘‘International
15 Narcotics Control and Law Enforcement’’: Provided, That
16 funds made available by this Act under the headings ‘‘De-
17 velopment Assistance’’, ‘‘Economic Support Fund’’, and
18 ‘‘Assistance for Europe, Eurasia and Central Asia’’ that
19 are made available for activities to combat trafficking in
20 persons should be obligated and programmed consistent
21 with the country-specific recommendations included in the
22 annual Trafficking in Persons Report, and shall be coordi-
23 nated with the Office to Monitor and Combat Trafficking
24 in Persons, Department of State.
December 21, 2020 (12:59 p.m.)

1545
1 (g) RECONCILIATION PROGRAMS.—Of the funds ap-
2 propriated by this Act under the heading ‘‘Development
3 Assistance’’, not less than $25,000,000 shall be made
4 available to support people-to-people reconciliation pro-
5 grams which bring together individuals of different ethnic,
6 religious, and political backgrounds from areas of civil
7 strife and war: Provided, That the USAID Administrator
8 shall consult with the Committees on Appropriations, prior
9 to the initial obligation of funds, on the uses of such funds,
10 and such funds shall be subject to the regular notification
11 procedures of the Committees on Appropriations: Provided
12 further, That to the maximum extent practicable, such
13 funds shall be matched by sources other than the United
14 States Government: Provided further, That such funds
15 shall be administered by the Office of Conflict Manage-
16 ment and Mitigation, USAID.
17 (h) WATER AND SANITATION.—Of the funds appro-
18 priated by this Act, not less than $450,000,000 shall be
19 made available for water supply and sanitation projects
20 pursuant to section 136 of the Foreign Assistance Act of
21 1961, of which not less than $225,000,000 shall be for
22 programs in sub-Saharan Africa, and of which not less
23 than $15,000,000 shall be made available to support ini-
24 tiatives by local communities in developing countries to
25 build and maintain safe latrines.
December 21, 2020 (12:59 p.m.)

1546
1 BUDGET DOCUMENTS
2 SEC. 7061. (a) OPERATING PLANS.—Not later than

3 45 days after enactment of this Act, each department,
4 agency, or organization funded in titles I, II, and VI of
5 this Act, and the Department of the Treasury and Inde-
6 pendent Agencies funded in title III of this Act, including
7 the Inter-American Foundation and the United States Af-
8 rican Development Foundation, shall submit to the Com-
9 mittees on Appropriations an operating plan for funds ap-
10 propriated to such department, agency, or organization in
11 such titles of this Act, or funds otherwise available for ob-
12 ligation in fiscal year 2021, that provides details of the
13 uses of such funds at the program, project, and activity
14 level: Provided, That such plans shall include, as applica-
15 ble, a comparison between the congressional budget jus-
16 tification funding levels, the most recent congressional di-
17 rectives or approved funding levels, and the funding levels
18 proposed by the department or agency; and a clear, con-
19 cise, and informative description/justification: Provided
20 further, That operating plans that include changes in lev-
21 els of funding for programs, projects, and activities speci-
22 fied in the congressional budget justification, in this Act,
23 or amounts specifically designated in the respective tables
24 included in the explanatory statement described in section
December 21, 2020 (12:59 p.m.)

1547
1 Act), as applicable, shall be subject to the notification and
2 reprogramming requirements of section 7015 of this Act.
3 (b) SPEND PLANS.—
4 (1) Not later than 90 days after enactment of
5 this Act, the Secretary of State or Administrator of
6 the United States Agency for International Develop-
7 ment, as appropriate, shall submit to the Commit-
8 tees on Appropriations a spend plan for funds made
9 available by this Act, for—
10 (A) assistance for Afghanistan, Iraq, Leb-
11 anon, Pakistan, Syria, Colombia, and countries
12 in Central America;
13 (B) assistance made available pursuant to
14 section 7047(d) of this Act to counter Russian
15 influence and aggression, except that such plan
16 shall be on a country-by-country basis;
17 (C) assistance made available pursuant to
18 section 7059 of this Act;
19 (D) the Indo-Pacific Strategy and the
20 Countering Chinese Influence Fund;
21 (E) democracy programs, the Power Africa
22 and Prosper Africa initiatives, and sectors enu-
23 merated in subsections (a), (c), (d), (e), (f), (g)
24 and (h) of section 7060 of this Act;
December 21, 2020 (12:59 p.m.)

1548
1 (F) funds provided under the heading
2 ‘‘International Narcotics Control and Law En-
3 forcement’’ for International Organized Crime
4 and for Cybercrime and Intellectual Property
5 Rights: Provided, That the spend plans shall in-
6 clude bilateral and global programs funded
7 under such heading along with a brief descrip-
8 tion of the activities planned for each country;
9 and
10 (G) the regional security initiatives de-
11 scribed under this heading in section 7050 in
12 Senate Report 116–126.
13 (2) Not later than 90 days after enactment of
14 this Act, the Secretary of the Treasury shall submit
15 to the Committees on Appropriations a detailed
16 spend plan for funds made available by this Act
17 under the heading ‘‘Department of the Treasury,
18 International Affairs Technical Assistance’’ in title
19 III.
20 (c) CLARIFICATION.—The spend plans referenced in
21 subsection (b) shall not be considered as meeting the noti-
22 fication requirements in this Act or under section 634A
23 of the Foreign Assistance Act of 1961.
24 (d) CONGRESSIONAL BUDGET JUSTIFICATION.—
December 21, 2020 (12:59 p.m.)

1549
1 (1) SUBMISSION.—The congressional budget
2 justification for Department of State operations and
3 foreign operations shall be provided to the Commit-
4 tees on Appropriations concurrent with the date of
5 submission of the President’s budget for fiscal year
6 2022: Provided, That the appendices for such jus-
7 tification shall be provided to the Committees on Ap-
8 propriations not later than 10 calendar days there-
9 after.
10 (2) MULTI-YEAR AVAILABILITY OF CERTAIN
11 FUNDS.—The Secretary of State and the USAID

12 Administrator shall include in the congressional
13 budget justification a detailed justification for multi-
14 year availability for any funds requested under the
15 headings ‘‘Diplomatic Programs’’ and ‘‘Operating
16 Expenses’’.
17 REORGANIZATION
18 SEC. 7062. (a) OVERSIGHT.—

19 (1) PRIOR CONSULTATION AND NOTIFICA-
20 TION.—Funds appropriated by this Act, prior Acts

22 foreign operations, and related programs, or any
23 other Act may not be used to implement a reorga-
24 nization, redesign, or other plan described in para-
25 graph (2) by the Department of State, the United
December 21, 2020 (12:59 p.m.)

1550
1 States Agency for International Development, or any
2 other Federal department, agency, or organization
3 funded by this Act without prior consultation by the
4 head of such department, agency, or organization
5 with the appropriate congressional committees: Pro-
6 vided, That such funds shall be subject to the reg-
8 Appropriations: Provided further, That any such no-
9 tification submitted to such Committees shall include
10 a detailed justification for any proposed action, in-
11 cluding the information specified under section 7073
12 of the joint explanatory statement accompanying the
13 Department of State, Foreign Operations, and Re-
14 lated Programs Appropriations Act, 2019 (division
15 F of Public Law 116–6): Provided further, That con-
16 gressional notifications submitted in prior fiscal
17 years pursuant to similar provisions of law in prior
19 State, foreign operations, and related programs may
20 be deemed to meet the notification requirements of
21 this section.
22 (2) DESCRIPTION OF ACTIVITIES.—Pursuant to
23 paragraph (1), a reorganization, redesign, or other
24 plan shall include any action to—
December 21, 2020 (12:59 p.m.)

1551
1 (A) expand, eliminate, consolidate, or
2 downsize covered departments, agencies, or or-
3 ganizations, including bureaus and offices with-
4 in or between such departments, agencies, or
5 organizations, including the transfer to other
6 agencies of the authorities and responsibilities
7 of such bureaus and offices;
8 (B) expand, eliminate, consolidate, or
9 downsize the United States official presence
10 overseas, including at bilateral, regional, and
11 multilateral diplomatic facilities and other plat-
12 forms; or
13 (C) expand or reduce the size of the per-
14 manent Civil Service, Foreign Service, eligible
15 family member, and locally employed staff
16 workforce of the Department of State and
17 USAID from the levels specified in sections
18 7063(d) and 7064(i) of this Act.
19 (b) ADDITIONAL REQUIREMENTS AND LIMITA-
20 TIONS.—
21 (1) BUREAU OF POPULATION, REFUGEES, AND
22 MIGRATION, DEPARTMENT OF STATE.—None of the

23 funds appropriated by this Act, prior Acts making
24 appropriations for the Department of State, foreign
25 operations, and related programs, or any other Act
December 21, 2020 (12:59 p.m.)

1552
1 may be used to downsize, downgrade, consolidate,
2 close, move, or relocate the Bureau of Population,
3 Refugees, and Migration, Department of State, or
4 any activities of such Bureau, to another Federal
5 agency.
6 (2) ADMINISTRATION OF FUNDS.—Funds made
7 available by this Act—
8 (A) under the heading ‘‘Migration and
9 Refugee Assistance’’ shall be administered by
10 the Assistant Secretary for Population, Refu-
11 gees, and Migration, Department of State, and
12 this responsibility shall not be delegated; and
13 (B) that are made available for the Office
14 of Global Women’s Issues shall be administered
15 by the United States Ambassador-at-Large for
16 Global Women’s Issues, Department of State,
17 and this responsibility shall not be delegated.
18 DEPARTMENT OF STATE MANAGEMENT
19 SEC. 7063. (a) FINANCIAL SYSTEMS IMPROVE-

20 MENT.—Funds appropriated by this Act for the operations
21 of the Department of State under the headings ‘‘Diplo-
22 matic Programs’’ and ‘‘Capital Investment Fund’’ shall be
23 made available to implement the recommendations con-
24 tained in the Foreign Assistance Data Review Findings
25 Report (FADR) and the Office of Inspector General (OIG)
December 21, 2020 (12:59 p.m.)

1553
1 report entitled ‘‘Department Financial Systems Are Insuf-
2 ficient to Track and Report on Foreign Assistance
3 Funds’’: Provided, That such funds may not be obligated
4 for enhancements to, or expansions of, the Budget System
5 Modernization Financial System, Central Resource Man-
6 agement System, Joint Financial Management System, or
7 Foreign Assistance Coordination and Tracking System
8 until such updated plan is submitted to the Committees
9 on Appropriations: Provided further, That such funds may
10 not be obligated for new, or expansion of existing, ad hoc
11 electronic systems to track commitments, obligations, or
12 expenditures of funds unless the Secretary of State, fol-
13 lowing consultation with the Chief Information Officer of
14 the Department of State, has reviewed and certified that
15 such new system or expansion is consistent with the
16 FADR and OIG recommendations: Provided further, That
17 not later than 45 days after enactment of this Act, the
18 Secretary of State shall submit to the Committees on Ap-
19 propriations an update to the plan required under section
20 7006 of the Department of State, Foreign Operations, and
21 Related Programs Appropriations Act, 2017 (division J of
22 Public Law 115–31) for implementing the FADR and
23 OIG recommendations.
24 (b) WORKING CAPITAL FUND.—Funds appropriated
25 by this Act or otherwise made available to the Department
December 21, 2020 (12:59 p.m.)

1554
1 of State for payments to the Working Capital Fund may
2 only be used for the service centers included in the Con-
3 gressional Budget Justification, Department of State,
4 Foreign Operations, and Related Programs, Fiscal Year
5 2021: Provided, That the amounts for such service centers
6 shall be the amounts included in such budget justification,
7 except as provided in section 7015(b) of this Act: Provided
8 further, That Federal agency components shall be charged
9 only for their direct usage of each Working Capital Fund
10 service: Provided further, That prior to increasing the per-
11 centage charged to Department of State bureaus and of-
12 fices for procurement-related activities, the Secretary of
13 State shall include the proposed increase in the Depart-
14 ment of State budget justification or, at least 60 days
15 prior to the increase, provide the Committees on Appro-
16 priations a justification for such increase, including a de-
17 tailed assessment of the cost and benefit of the services
18 provided by the procurement fee: Provided further, That
19 Federal agency components may only pay for Working
20 Capital Fund services that are consistent with the purpose
21 and authorities of such components: Provided further,
22 That the Working Capital Fund shall be paid in advance
23 or reimbursed at rates which will return the full cost of
24 each service.
25 (c) CERTIFICATION.—
December 21, 2020 (12:59 p.m.)

1555
1 (1) COMPLIANCE.—Not later than 45 days
2 after the initial obligation of funds appropriated
3 under titles III and IV of this Act that are made
4 available to a Department of State bureau or office
5 with responsibility for the management and over-
6 sight of such funds, the Secretary of State shall cer-
7 tify and report to the Committees on Appropria-
8 tions, on an individual bureau or office basis, that
9 such bureau or office is in compliance with Depart-
10 ment and Federal financial and grants management
11 policies, procedures, and regulations, as applicable.
12 (2) CONSIDERATIONS.—When making a certifi-
13 cation required by paragraph (1), the Secretary of
14 State shall consider the capacity of a bureau or of-
15 fice to—
16 (A) account for the obligated funds at the
17 country and program level, as appropriate;
18 (B) identify risks and develop mitigation
19 and monitoring plans;
20 (C) establish performance measures and
21 indicators;
22 (D) review activities and performance; and
23 (E) assess final results and reconcile fi-
24 nances.
December 21, 2020 (12:59 p.m.)

1556
1 (3) PLAN.—If the Secretary of State is unable
2 to make a certification required by paragraph (1),
3 the Secretary shall submit a plan and timeline de-
4 tailing the steps to be taken to bring such bureau
5 or office into compliance.
6 (d) PERSONNEL LEVELS.—Funds made available by
7 this Act are made available to support the permanent For-
8 eign Service and Civil Service staff levels of the Depart-
9 ment of State at not less than the hiring targets estab-
10 lished in the fiscal year 2020 operating plan.
11 (e) INFORMATION TECHNOLOGY PLATFORM.—
12 (1) None of the funds appropriated in title I of
13 this Act under the heading ‘‘Administration of For-
14 eign Affairs’’ may be made available for a new major
15 information technology (IT) investment without the
16 concurrence of the Chief Information Officer, De-
17 partment of State.
19 this Act under the heading ‘‘Administration of For-
20 eign Affairs’’ may be used by an agency to submit
21 a project proposal to the Technology Modernization
22 Board for funding from the Technology Moderniza-
23 tion Fund unless, not later than 15 days in advance
24 of submitting the project proposal to the Board, the
25 head of the agency—
December 21, 2020 (12:59 p.m.)

1557
1 (A) notifies the Committees on Appropria-
2 tions of the proposed submission of the project
3 proposal; and
4 (B) submits to the Committees on Appro-
5 priations a copy of the project proposal.
9 lated programs under the heading ‘‘Administration
10 of Foreign Affairs’’ may be used by an agency to
11 carry out a project that is approved by the Board
12 unless the head of the agency—
13 (A) submits to the Committees on Appro-
14 priations a copy of the approved project pro-
15 posal, including the terms of reimbursement of
16 funding received for the project; and
17 (B) agrees to submit to the Committees on
18 Appropriations a copy of each report relating to
19 the project that the head of the agency submits
20 to the Board.
21 UNITED STATES AGENCY FOR INTERNATIONAL
22 DEVELOPMENT MANAGEMENT
23 SEC. 7064. (a) AUTHORITY.—Up to $110,000,000 of

24 the funds made available in title III of this Act pursuant
25 to or to carry out the provisions of part I of the Foreign
December 21, 2020 (12:59 p.m.)

1558
1 Assistance Act of 1961, including funds appropriated
2 under the heading ‘‘Assistance for Europe, Eurasia and
3 Central Asia’’, may be used by the United States Agency
4 for International Development to hire and employ individ-
5 uals in the United States and overseas on a limited ap-
6 pointment basis pursuant to the authority of sections 308
7 and 309 of the Foreign Service Act of 1980 (22 U.S.C.
8 3948 and 3949).
9 (b) RESTRICTION.—The authority to hire individuals
10 contained in subsection (a) shall expire on September 30,
11 2022.
12 (c) PROGRAM ACCOUNT CHARGED.—The account
13 charged for the cost of an individual hired and employed
14 under the authority of this section shall be the account
15 to which the responsibilities of such individual primarily
16 relate: Provided, That funds made available to carry out
17 this section may be transferred to, and merged with, funds
18 appropriated by this Act in title II under the heading ‘‘Op-
19 erating Expenses’’.
20 (d) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi-
21 viduals hired and employed by USAID, with funds made
22 available in this Act or prior Acts making appropriations
23 for the Department of State, foreign operations, and re-
24 lated programs, pursuant to the authority of section 309
25 of the Foreign Service Act of 1980 (22 U.S.C. 3949), may
December 21, 2020 (12:59 p.m.)

1559
1 be extended for a period of up to 4 years notwithstanding
2 the limitation set forth in such section.
3 (e) DISASTER SURGE CAPACITY.—Funds appro-
4 priated under title III of this Act to carry out part I of
5 the Foreign Assistance Act of 1961, including funds ap-
6 propriated under the heading ‘‘Assistance for Europe,
7 Eurasia and Central Asia’’, may be used, in addition to
8 funds otherwise available for such purposes, for the cost
9 (including the support costs) of individuals detailed to or
10 employed by USAID whose primary responsibility is to
11 carry out programs in response to natural disasters, or
12 man-made disasters subject to the regular notification
14 (f) PERSONAL SERVICES CONTRACTORS.—Funds ap-
15 propriated by this Act to carry out chapter 1 of part I,
16 chapter 4 of part II, and section 667 of the Foreign As-
17 sistance Act of 1961, and title II of the Food for Peace
18 Act (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be
19 used by USAID to employ up to 40 personal services con-
20 tractors in the United States, notwithstanding any other
21 provision of law, for the purpose of providing direct, in-
22 terim support for new or expanded overseas programs and
23 activities managed by the agency until permanent direct
24 hire personnel are hired and trained: Provided, That not
25 more than 15 of such contractors shall be assigned to any
December 21, 2020 (12:59 p.m.)

1560
1 bureau or office: Provided further, That such funds appro-
2 priated to carry out title II of the Food for Peace Act
3 (Public Law 83–480; 7 U.S.C. 1721 et seq.), may be made
4 available only for personal services contractors assigned
5 to the Bureau for Humanitarian Assistance.
6 (g) SMALL BUSINESS.—In entering into multiple
7 award indefinite-quantity contracts with funds appro-
8 priated by this Act, USAID may provide an exception to
9 the fair opportunity process for placing task orders under
10 such contracts when the order is placed with any category
11 of small or small disadvantaged business.
12 (h) SENIOR FOREIGN SERVICE LIMITED APPOINT-
13 MENTS.—Individuals hired pursuant to the authority pro-
14 vided by section 7059(o) of the Department of State, For-
15 eign Operations, and Related Programs Appropriations
16 Act, 2010 (division F of Public Law 111–117) may be
17 assigned to or support programs in Afghanistan or Paki-
18 stan with funds made available in this Act and prior Acts
20 eign operations, and related programs.
21 (i) PERSONNEL LEVELS.—Funds made available by
22 this Act under the heading ‘‘Operating Expenses’’ are
23 made available to support not less than 1,850 permanent
24 Foreign Service Officers and 1,600 permanent Civil Serv-
25 ice staff.
December 21, 2020 (12:59 p.m.)

1561
1 STABILIZATION AND DEVELOPMENT IN REGIONS
2 IMPACTED BY EXTREMISM AND CONFLICT
3 SEC. 7065. (a) PREVENTION AND STABILIZATION

4 FUND.—
5 (1) FUNDS AND TRANSFER AUTHORITY.—Of

7 ings ‘‘Economic Support Fund’’, ‘‘International Nar-
8 cotics Control and Law Enforcement’’, ‘‘Non-
9 proliferation, Anti-terrorism, Demining and Related
10 Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘For-
11 eign Military Financing Program’’, not less than
12 $100,000,000 shall be made available for the pur-
13 poses of the Prevention and Stabilization Fund, as
14 authorized by, and for the purposes enumerated in,
15 section 509(a) of the Global Fragility Act of 2019
16 (title V of division J of Public Law 116–94), of
17 which $25,000,000 may be made available for the
18 Multi-Donor Global Fragility Fund authorized by
19 section 510(c) of such Act: Provided, That such
20 funds appropriated under such headings may be
21 transferred to, and merged with, funds appropriated
22 under such headings: Provided further, That such
23 transfer authority is in addition to any other trans-
24 fer authority provided by this Act or any other Act,
December 21, 2020 (12:59 p.m.)

1562
1 and is subject to the regular notification procedures
2 of the Committees on Appropriations.
3 (2) TRANSITIONAL JUSTICE.—Of the funds ap-
4 propriated by this Act under the headings ‘‘Eco-
5 nomic Support Fund’’ and ‘‘International Narcotics
6 Control and Law Enforcement’’ that are made avail-
7 able for the Prevention and Stabilization Fund, not
9 programs to promote accountability for genocide,
10 crimes against humanity, and war crimes, including
11 in Iraq and Syria, which shall be in addition to any
12 other funds made available by this Act for such pur-
13 poses: Provided, That such programs shall include
14 components to develop local investigative and judi-
15 cial skills, and to collect and preserve evidence and
16 maintain the chain of custody of evidence, including
17 for use in prosecutions, and may include the estab-
18 lishment of, and assistance for, transitional justice
19 mechanisms: Provided further, That such funds shall
20 be administered by the Special Coordinator for the
21 Office of Global Criminal Justice, Department of
22 State: Provided further, That funds made available
23 by this paragraph shall be made available on an
24 open and competitive basis.
December 21, 2020 (12:59 p.m.)

1563
1 (b) GLOBAL FRAGILITY ACT IMPLEMENTATION.—
2 Funds appropriated by this Act shall be made available
3 to implement the Global Fragility Act of 2019 (title V of
4 division J of Public Law 116–94): Provided, That not
5 later than 180 days after enactment of this Act, the Sec-
6 retary of State, in consultation with the Administrator of
7 the United States Agency for International Development,
8 shall submit a spend plan to the Committees on Appro-
9 priations detailing the use of funds made available by this
10 Act for such purposes.
11 (c) GLOBAL COMMUNITY ENGAGEMENT AND RESIL-
12 IENCE FUND.—Funds appropriated by this Act and prior
14 foreign operations, and related programs under the head-
15 ing ‘‘Economic Support Fund’’ may be made available to
16 the Global Community Engagement and Resilience Fund
17 (GCERF), including as a contribution: Provided, That any
18 such funds made available for the GCERF shall be made
19 available on a cost-matching basis from sources other than
20 the United States Government, to the maximum extent
21 practicable, and shall be subject to the regular notification
23 (d) GLOBAL CONCESSIONAL FINANCING FACILITY.—
24 Of the funds appropriated by this Act under the heading
25 ‘‘Economic Support Fund’’, $25,000,000 shall be made
December 21, 2020 (12:59 p.m.)

1564
1 available for the Global Concessional Financing Facility
2 of the World Bank to provide financing to support refu-
3 gees and host communities: Provided, That such funds
4 shall be in addition to funds allocated for bilateral assist-
5 ance in the report required by section 653(a) of the For-
6 eign Assistance Act of 1961, and may only be made avail-
7 able subject to prior to consultation with the Committees
8 on Appropriations: Provided further, That such funds may
9 be transferred to the Department of the Treasury.
10 DISABILITY PROGRAMS
11 SEC. 7066. (a) ASSISTANCE.—Funds appropriated by

12 this Act under the heading ‘‘Development Assistance’’
13 shall be made available for programs and activities admin-
14 istered by the United States Agency for International De-
15 velopment to address the needs and protect and promote
16 the rights of people with disabilities in developing coun-
17 tries, including initiatives that focus on independent living,
18 economic self-sufficiency, advocacy, education, employ-
19 ment, transportation, sports, political and electoral par-
20 ticipation, and integration of individuals with disabilities,
21 including for the cost of translation.
22 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL
23 SUPPORT.—Of the funds made available pursuant to this
24 section, 5 percent may be used by USAID for manage-
25 ment, oversight, and technical support.
December 21, 2020 (12:59 p.m.)

1565
1 DEBT-FOR-DEVELOPMENT
2 SEC. 7067. In order to enhance the continued partici-

3 pation of nongovernmental organizations in debt-for-devel-
4 opment and debt-for-nature exchanges, a nongovern-
5 mental organization which is a grantee or contractor of
6 the United States Agency for International Development
7 may place in interest bearing accounts local currencies
8 which accrue to that organization as a result of economic
9 assistance provided under title III of this Act and, subject
10 to the regular notification procedures of the Committees
11 on Appropriations, any interest earned on such investment
12 shall be used for the purpose for which the assistance was
13 provided to that organization.
14 ENTERPRISE FUNDS
15 SEC. 7068. (a) NOTIFICATION.—None of the funds

16 made available under titles III through VI of this Act may
17 be made available for Enterprise Funds unless the appro-
18 priate congressional committees are notified at least 15
19 days in advance.
20 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the
21 distribution of any assets resulting from any liquidation,
22 dissolution, or winding up of an Enterprise Fund, in whole
23 or in part, the President shall submit to the appropriate
24 congressional committees a plan for the distribution of the
25 assets of the Enterprise Fund.
December 21, 2020 (12:59 p.m.)

1566
1 (c) TRANSITION OR OPERATING PLAN.—Prior to a
2 transition to and operation of any private equity fund or
3 other parallel investment fund under an existing Enter-
4 prise Fund, the President shall submit such transition or
5 operating plan to the appropriate congressional commit-
6 tees.
7 EXTENSION OF CONSULAR FEES AND RELATED
8 AUTHORITIES
9 SEC. 7069. (a) Section 1(b)(1) of the Passport Act

10 of June 4, 1920 (22 U.S.C. 214(b)(1)) shall be applied
11 through fiscal year 2021 by substituting ‘‘the costs of pro-
12 viding consular services’’ for ‘‘such costs’’.
13 (b) Section 21009 of the Emergency Appropriations
14 for Coronavirus Health Response and Agency Operations
15 (division B of Public Law 116–136; 134 Stat. 592) is
16 amended by striking ‘‘fiscal year 2020’’ and inserting ‘‘fis-
17 cal years 2020 and 2021’’.
18 (c) Discretionary amounts made available to the De-
19 partment of State under the heading ‘‘Administration of
20 Foreign Affairs’’ of this Act, and discretionary unobli-
21 gated balances under such heading from prior Acts mak-
22 ing appropriations for the Department of State, foreign
23 operations, and related programs, may be transferred to
24 the Consular and Border Security Programs account if the
25 Secretary of State determines and reports to the Commit-
December 21, 2020 (12:59 p.m.)

1567
1 tees on Appropriations that to do so is necessary to sus-
2 tain consular operations, following consultation with such
3 Committees: Provided, That such transfer authority is in
4 addition to any transfer authority otherwise available in
5 this Act and under any other provision of law: Provided
6 further, That no amounts may be transferred from
7 amounts designated for Overseas Contingency Operations/
8 Global War on Terrorism or as emergency requirements
9 pursuant to a concurrent resolution on the budget or sec-
10 tion 251(b)(2)(A) of the Balanced Budget and Emergency
12 (d) In addition to the uses permitted pursuant to sec-
13 tion 286(v)(2)(A) of the Immigration and Nationality Act
14 (8 U.S.C. 1356(v)(2)(A)), for fiscal year 2021, the Sec-
15 retary of State may also use fees deposited into the Fraud
16 Prevention and Detection Account for the costs of pro-
17 viding consular services.
18 (e) Amounts provided pursuant to subsections (a),
19 (b), and (d) are designated by the Congress as being for
23 PROTECTIVE SERVICES
24 SEC. 7070. Of the funds appropriated under the

25 heading ‘‘Diplomatic Programs’’ by this Act and prior
December 21, 2020 (12:59 p.m.)

1568
2 foreign operations, and related programs, except for funds
4 pursuant to a concurrent resolution on the budget or the
6 1985, up to $15,000,000 may be made available to provide
7 protective services to former or retired senior Department
8 of State officials or employees that the Secretary of State,
9 in consultation with the Director of National Intelligence,
10 determines and reports to congressional leadership and the
11 appropriate congressional committees, face a serious and
12 credible threat from a foreign power or the agent of a for-
13 eign power arising from duties performed by such official
14 or employee while employed by the Department: Provided,
15 That such determination shall include a justification for
16 the provision of protective services by the Department, in-
17 cluding the identification of the specific nature of the
18 threat and the anticipated duration of such services pro-
19 vided, which may be submitted in classified form, if nec-
20 essary: Provided further, That such protective services
21 shall be consistent with other such services performed by
22 the Bureau of Diplomatic Security under 22 U.S.C. 2709
23 for Department officials, and shall be made available for
24 an initial period of not more than 180 days, which may
25 be extended for additional consecutive periods of 60 days
December 21, 2020 (12:59 p.m.)

1569
1 upon a subsequent determination by the Secretary that
2 the specific threat persists: Provided further, That not
3 later than 45 days after enactment of this Act and quar-
4 terly thereafter, the Secretary shall submit a report to con-
5 gressional leadership and the appropriate congressional
6 committees detailing the number of individuals receiving
7 protective services and the amount of funds expended for
8 such services on a case-by-case basis, which may be sub-
9 mitted in classified form, if necessary: Provided further,
10 That for purposes of this section a former or retired senior
11 Department of State official or employee means a person
12 that served in the Department at the Assistant Secretary,
13 Special Representative, or Senior Advisor level, or in a
14 comparable or more senior position, and has separated
15 from service at the Department: Provided further, That
16 funds made available pursuant to this section are in addi-
17 tion to amounts otherwise made available for such pur-
18 poses: Provided further, That amounts repurposed pursu-
19 ant to this section that were previously designated by the
23 of 1985 are designated by the Congress for Overseas Con-
25 section 251(b)(2)(A)(ii) of such Act.
December 21, 2020 (12:59 p.m.)

1570
1 RESCISSIONS
2 (INCLUDING RESCISSIONS OF FUNDS)
3 SEC. 7071. (a) OVERSEAS CONTINGENCY OPER-

4 ATIONS RESCISSIONS.—
5 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

7 available under the heading ‘‘Diplomatic and Con-
8 sular Programs’’ in title II of the Security Assist-
9 ance Appropriations Act, 2017 (division B of Public
10 Law 114–254), $360,123,000 are rescinded.
11 (2) PEACEKEEPING OPERATIONS.—Of the un-
12 obligated balances from amounts made available
13 under the heading ‘‘Peacekeeping Operations’’ from
14 prior Acts making appropriations for the Depart-
15 ment of State, foreign operations, and related pro-
16 grams and designated by the Congress for Overseas
17 Contingency Operations/Global War on Terrorism
19 Budget and Emergency Deficit Control Act of 1985,
20 $40,000,000 are rescinded.
22 GRAM.—Of the unobligated balances from amounts

23 made available under the heading ‘‘Foreign Military
24 Financing Program’’ from prior Acts making appro-
December 21, 2020 (12:59 p.m.)

1571
1 ations, and related programs and designated by the
2 Congress for Overseas Contingency Operations/Glob-
3 al War on Terrorism pursuant to section
5 gency Deficit Control Act of 1985, $25,000,000 are
6 rescinded.
7 (4) DESIGNATION.—For the purposes of this
8 subsection, funds that were previously designated by
16 (b) ADDITIONAL RESCISSIONS.—
17 (1) ECONOMIC SUPPORT FUND.—Of the unobli-
18 gated balances from amounts made available under
19 the heading ‘‘Economic Support Fund’’ from prior
21 State, foreign operations, and related programs,
22 $75,000,000 are rescinded.
23 (2) PEACE CORPS.—Of the unobligated bal-
24 ances from amounts made available under the head-
25 ing ‘‘Peace Corps’’ from prior Acts making appro-
December 21, 2020 (12:59 p.m.)

1572
2 ations, and related programs, $30,000,000 are re-
3 scinded.
4 (3) INTERNATIONAL NARCOTICS CONTROL AND
5 LAW ENFORCEMENT.—Of the unobligated balances

6 from amounts made available under the heading
7 ‘‘International Narcotics Control and Law Enforce-
8 ment’’ from prior Acts making appropriations for
10 lated programs, $50,411,000 are rescinded.
11 (4) LIMITATION.—For the purposes of this sub-
12 section, no amounts may be rescinded from amounts
13 that were designated by Congress as an emergency
14 requirement or for Overseas Contingency Oper-
15 ations/Global War on Terrorism pursuant to a con-
16 current resolution on the budget or the Balanced
December 21, 2020 (12:59 p.m.)

1573
1 TITLE VIII
2 NITA M. LOWEY MIDDLE EAST PARTNERSHIP
3 FOR PEACE ACT OF 2020
4 SHORT TITLE
5 SEC. 8001. This title may be cited as the ‘‘Nita M.

6 Lowey Middle East Partnership for Peace Act of 2020’’.
7 FINDINGS
8 SEC. 8002. Congress finds the following:

9 (1) Economic development in conflict settings
10 has been shown to support stabilization by empow-
11 ering entrepreneurs, growing the middle class, and
12 mitigating unemployment.
13 (2) In 2018, unemployment in the Palestinian
14 territories was 32.4 percent. Gross Domestic Prod-
15 uct (GDP) growth in the Palestinian territories de-
16 clined from 2017 to 2019, and it is projected to fur-
17 ther decline in 2020.
18 (3) According to the World Bank Ad Hoc Liai-
19 son Committee’s April 2019 Economic Monitoring
20 Report, ‘‘to achieve sustainable economic growth, in
21 the Palestinian territories, growth and job creation
22 going forward will need to be private sector driven’’.
23 (4) According to the 2018 Joint Strategic Plan
24 of the Department of State and the United States
25 Agency for International Development, ‘‘assistance
December 21, 2020 (12:59 p.m.)

1574
1 can help prevent new recruitment to terrorist organi-
2 zations, reduce levels of violence, promote legitimate
3 governance structures that strengthen inclusion, and
4 reduce policies that marginalize communities’’.
5 (5) Although economic development is an im-
6 portant tool for stabilizing conflict-prone settings
7 and establishing connections between communities,
8 economic development by itself will not lead to last-
9 ing peace. People-to-people peace-building programs
10 further advance reconciliation efforts by promoting
11 greater understanding, mutual trust, and coopera-
12 tion between communities.
13 (6) While the United States and its inter-
14 national partners continue to support diplomatic and
15 political negotiations between the representatives of
16 the parties to the Israeli-Palestinian conflict, such
17 efforts require broad popular support among the
18 people on the ground to succeed.
19 (7) Achieving sustainable, high-level agreements
20 for lasting peace in the Middle East must come
21 through, and with the support of, the people who
22 live there, and the United States and its inter-
23 national partners can help the people of the region
24 build popular support for sustainable agreements for
25 lasting peace.
December 21, 2020 (12:59 p.m.)

1575
1 SENSE OF CONGRESS
2 SEC. 8003. It is the sense of Congress that—

3 (1) building a viable Palestinian economy is
4 central to the effort to preserve the possibility of a
5 negotiated settlement leading to a sustainable two-
6 state solution with the democratic, Jewish state of
7 Israel and a demilitarized, democratic Palestinian
8 state living side-by-side in peace, security, and mu-
9 tual recognition;
10 (2) United States and international support for
11 grassroots, people-to-people efforts aimed at fos-
12 tering tolerance, and building support for such solu-
13 tion, can help counter extremist propaganda and the
14 growing issue of incitement;
15 (3) strengthening engagement between Palestin-
16 ians and Israelis, including through people-to-people
17 peace-building programs can increase the bonds of
18 friendship and understanding;
19 (4) investing in the development of the Pales-
20 tinian economy and in joint economic ventures can
21 advance multiple sectors to the benefit of local, re-
22 gional, and global parties; and
23 (5) Congress encourages cooperation between
24 Palestinian, American, and Israeli business sectors
December 21, 2020 (12:59 p.m.)

1576
1 in order to benefit the Palestinian, American, and
2 Israeli peoples and economies.
3 PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND
4 SEC. 8004. Chapter 4 of part II of the Foreign As-

5 sistance Act of 1961 (22 U.S.C. 2346 et seq.) is amended
6 by adding at the end the following:
7 ‘‘SEC. 535 PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE
8 FUND.
9 ‘‘(a) ESTABLISHMENT.—Beginning on the date that

10 is one year after the date of enactment of this section,
12 national Development is authorized to establish a program
13 to provide funding for projects to help build the founda-
14 tion for peaceful co-existence between Israelis and Pal-
15 estinians and for a sustainable two-state solution. The
16 program established under this subsection shall be known
17 as the ‘People-to-People Partnership for Peace Fund’ (re-
18 ferred to in this section as the ‘Fund’).
19 ‘‘(b) ELIGIBILITY FOR SUPPORT.—In providing fund-
20 ing for projects through the Fund, the Administrator may
21 provide support for qualified organizations, prioritizing
22 those organizations that seek to build better cooperation
23 between Israelis and Palestinians, including Palestinian
24 organizations, Israeli organizations, and international or-
25 ganizations that bring Israelis and Palestinians together.
December 21, 2020 (12:59 p.m.)

1577
1 ‘‘(c) ADDITIONAL ELIGIBILITY FOR SUPPORT.—In
2 providing funding for projects through the Fund, the Ad-
3 ministrator may additionally provide support to qualified
4 organizations that further shared community building,
5 peaceful co-existence, dialogue, and reconciliation between
6 Arab and Jewish citizens of Israel.
7 ‘‘(d) CONTRIBUTIONS.—The Administrator—
8 ‘‘(1) is encouraged to work with foreign govern-
9 ments and international organizations to leverage
10 the impact of United States resources and achieve
11 the objectives of this section; and
12 ‘‘(2) is authorized to accept contributions for
13 the purposes of the Fund, consistent with subsection
14 (d) of section 635.
15 ‘‘(e) ADVISORY BOARD.—
16 ‘‘(1) ESTABLISHMENT.—The Administrator
17 shall establish an advisory board to make rec-
18 ommendations to the Administrator regarding the
19 types of projects that should be considered for fund-
20 ing through the Fund.
21 ‘‘(2) MEMBERSHIP.—
22 ‘‘(A) IN GENERAL.—Subject to subpara-
23 graph (B), the advisory board shall be com-
24 posed of 13 members, none of whom may be
December 21, 2020 (12:59 p.m.)

1578
1 Members of Congress, who shall be appointed
2 for renewable periods of 3 years, as follows:
3 ‘‘(i) One member to serve as chair,
4 appointed by the Administrator, in con-
5 sultation with the Secretary of State.
6 ‘‘(ii) One member appointed by the
7 chair, and one member appointed by the
8 ranking member, of the Committee on For-
9 eign Relations of the Senate.
10 ‘‘(iii) One member appointed by the
12 ranking member, of the Committee on For-
13 eign Affairs of the House of Representa-
14 tives.
15 ‘‘(iv) One member appointed by the
17 ranking member, of the Committee on Ap-
18 propriations of the Senate.
19 ‘‘(v) One member appointed by the
21 ranking member, of the Committee on Ap-
22 propriations of the House of Representa-
23 tives.
24 ‘‘(vi) One member appointed by the
25 majority leader, and one member ap-
December 21, 2020 (12:59 p.m.)

1579
1 pointed by the minority leader, of the Sen-
2 ate.
3 ‘‘(vii) One member appointed by the
4 Speaker, and one member appointed by the
5 minority leader, of the House of Rep-
6 resentatives.
7 ‘‘(B) INTERNATIONAL PARTICIPATION.—
8 The Administrator may appoint up to two addi-

9 tional members to the advisory board who are
10 representatives of foreign governments or inter-
11 national organizations for renewable periods of
12 3 years.
13 ‘‘(C) QUALIFICATIONS.—Members of the
14 advisory board shall have demonstrated regional
15 expertise and experience and expertise in con-
16 flict mitigation and people-to-people programs,
17 and shall not receive compensation on account
18 of their service on the advisory board.
19 ‘‘(f) USAID MISSION RECOMMENDATIONS.—The
20 Administrator shall consider the input and recommenda-
21 tions from missions of the United States Agency for Inter-
22 national Development in the region and mission directors
23 regarding projects that should be considered for funding
24 through the Fund.
December 21, 2020 (12:59 p.m.)

1580
1 ‘‘(g) COORDINATION.—The Administrator shall co-
2 ordinate with the Secretary of State in carrying out the
3 provisions of this section.’’.
4 JOINT INVESTMENT FOR PEACE INITIATIVE
5 SEC. 8005. (a) ESTABLISHMENT.—Beginning on the

6 date that is 180 days after the date of the enactment of
7 this Act, the Chief Executive Officer of the United States
8 International Development Finance Corporation (referred
9 to in this section as the ‘‘Chief Executive Officer’’ and
10 the ‘‘Corporation’’, respectively) is authorized to establish
11 a program to provide investments in, and support to, enti-
12 ties that carry out projects that contribute to the develop-
13 ment of the Palestinian private sector economy in the
14 West Bank and Gaza. The program established under this
15 subsection shall be known as the ‘‘Joint Investment for
16 Peace Initiative’’ (referred to in this section as the ‘‘Initia-
17 tive’’) and shall be subject to all existing terms, conditions,
18 restrictions, oversight requirements, and applicable provi-
19 sions of law, including the Better Utilization of Invest-
20 ments Leading to Development Act of 2018 (22 U.S.C.
21 9611 et seq), including through strict adherence to the
22 less-developed country focus under section 1412(c) of such
23 Act.
24 (b) PARTICIPATION REQUIREMENT.—In carrying out
25 the Initiative, the Chief Executive Officer shall ensure par-
December 21, 2020 (12:59 p.m.)

1581
1 ticipation by small and medium-sized enterprises owned
2 by Palestinians, which may include the technology sector,
3 the agriculture sector, and other high value-added or
4 emerging industries.
5 (c) PRIORITY.—In carrying out the Initiative, the
6 Chief Executive Officer shall prioritize support to projects
7 that increase economic cooperation between Israelis and
8 Palestinians.
9 (d) USE OF EXISTING AUTHORITIES.—In carrying
10 out the Initiative, the Chief Executive Officer shall utilize
11 the authorities under section 1421 of the Better Utiliza-
12 tion of Investments Leading to Development Act of 2018
13 (22 U.S.C. 9621), including to—
14 (1) select a manager of the Initiative;
15 (2) oversee and direct the operation of the Ini-
16 tiative consistent with such Act and other provisions
17 of law;
18 (3) provide the Initiative with loans, guaranties,
19 equity, and insurance, as appropriate, to enable the
20 Initiative to attract private investment;
21 (4) support the private sector in entering into
22 joint ventures between Palestinian and Israeli enti-
23 ties; and
December 21, 2020 (12:59 p.m.)

1582
1 (5) carry out the purposes of the Initiative con-
2 sistent with the provisions of this section and other
3 applicable provisions of law.
4 (e) ANNUAL REPORT.—
5 (1) IN GENERAL.—Not later than December 31,
6 2021, and each December 31 thereafter until De-
7 cember 31, 2031, the Chief Executive Officer shall
8 submit to the appropriate congressional committees
9 a report that describes the following:
10 (A) The extent to which the Initiative has
11 contributed to promoting and supporting Pales-
12 tinian economic development.
13 (B) The extent to which the Initiative has
14 contributed to greater integration of the Pales-
15 tinian economy into the international rules-
16 based business system.
17 (C) The extent to which projects that in-
18 crease economic cooperation between Palestin-
19 ians and Israelis and between Palestinians and
20 Americans have been prioritized, including
21 through support to the private sector to enter
22 into joint ventures.
23 (D) Information on the following:
24 (i) Investments received and provided
25 through the Initiative.
December 21, 2020 (12:59 p.m.)

1583
1 (ii) The mechanisms established for
2 transparency and accountability of invest-
3 ments provided through the Initiative.
4 (E) The extent to which entities supported
5 by the Initiative have impacted the efficacy of
6 people-to-people programs.
7 (F) To the extent practicable, an assess-
8 ment of the sustainability of commercial en-
9 deavors that receive support from the Initiative.
10 (G) A description of the process for vetting
11 and oversight of entities eligible for support
12 from the Initiative to ensure compliance with
13 the requirements of section 8006(b) of this Act.
14 (2) FORM.—The reports required under this
15 subsection shall be submitted in unclassified form,
16 without the designation ‘‘For Official Use Only’’ or
17 any related or successor designation, but may be ac-
19 (f) TERMINATION.—
20 (1) IN GENERAL.—The Initiative shall termi-
21 nate at the end of the fiscal year that is 10 years
22 after the date on which the Chief Executive Officer
23 makes the first investment under the Initiative.
24 (2) EXCEPTION.—The Chief Executive Officer
25 is authorized to continue to manage investments
December 21, 2020 (12:59 p.m.)

1584
1 made under the Initiative on and after the date
2 specified in paragraph (1).
3 (g) COORDINATION.—The Chief Executive Officer
4 shall coordinate with the Secretary of State and the Ad-
5 ministrator of the United States Agency for International
6 Development in carrying out the provisions of this section.
7 LIMITATIONS, VETTING, COORDINATION, AND OVERSIGHT
8 SEC. 8006. (a) LIMITATIONS.—None of the funds

9 made available to carry out this title, or any amendment
10 made by this title, may be used to provide—
11 (1) financial assistance to the national govern-
12 ment of any foreign country;
13 (2) assistance for—
14 (A) any individual or group the Secretary
15 of State determines to be involved in, or advo-
16 cating, terrorist activity; or
17 (B) any individual who is a member of a
18 foreign terrorist organization (as designated
19 pursuant to section 219 of the Immigration and
20 Nationality Act (8 U.S.C. 1189)); or
21 (3) assistance for the Palestinian Authority or
22 the Palestine Liberation Organization.
23 (b) APPLICABLE REGULATIONS.—Assistance made
24 available under this title, and any amendment made by
25 this title, shall adhere to the mission directives and vetting
December 21, 2020 (12:59 p.m.)

1585
1 practices for assistance for the West Bank and Gaza, as
2 set forth by the United States Agency for International
3 Development.
4 (c) COORDINATION.—
5 (1) The Chief Executive Officer of the United
6 States International Development Finance Corpora-
7 tion, acting through the Chief Development Officer
8 of such Corporation, shall coordinate with the Ad-
9 ministrator of the United States Agency for Inter-
10 national Development and the Secretary of State to
11 ensure that all expenditures from the Joint Invest-
12 ment for Peace Initiative comply with this section.
13 (2) To the extent practicable, the Administrator
14 of the United States Agency for International Devel-
15 opment and the Chief Executive Officer of the
16 United States International Development Finance
17 Corporation should coordinate and share information
18 in advance of providing resources through the Peo-
19 ple-to-People Partnership for Peace Fund and the
20 Joint Investment for Peace Initiative.
21 (d) REPORT.—
22 (1) IN GENERAL.—Not later than 90 days after
23 the end of the first fiscal year in which both the
24 People-to-People Partnership for Peace Fund and
25 the Joint Investment for Peace Initiative are in ef-
December 21, 2020 (12:59 p.m.)

1586
1 fect, and annually thereafter, the Administrator of
2 the United States Agency for International Develop-
3 ment and the Chief Executive Officer of the United
4 States International Development Finance Corpora-
5 tion shall, in coordination with the Secretary of
6 State, jointly submit to the appropriate congres-
7 sional committees a report in writing that de-
8 scribes—
9 (A)(i) lessons learned and best practices
10 developed from funding for projects under the
11 People-to-People Partnership for Peace Fund
12 during the prior fiscal year; and
13 (ii) the extent to which such projects have
14 contributed to the purposes of the People-to-
15 People Partnership for Peace Fund;
16 (B)(i) lessons learned and best practices
17 developed from investments provided under the
18 Joint Investment for Peace Initiative during the
19 prior fiscal year; and
20 (ii) the extent to which such investments
21 have contributed to the purposes of the Joint
22 Investment for Peace Initiative; and
23 (C) how the United States International
24 Development Finance Corporation and the
25 United States Agency for International Devel-
December 21, 2020 (12:59 p.m.)

1587
1 opment coordinate and share information with
2 respect to the People-to-People Partnership for
3 Peace Fund and the Joint Investment for Peace
4 Initiative.
5 (2) CONSULTATION.—The Administrator of the
6 United States Agency for International Develop-
7 ment, in consultation with the Secretary of State,
8 shall consult with the advisory board established by
9 subsection (e) of section 535 of the Foreign Assist-
10 ance Act of 1961 (as added by section 8004 of this
11 Act) to inform the reports required by paragraph
12 (1).
13 APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED
14 SEC. 8007. In this title, the term ‘‘appropriate con-

15 gressional committees’’ has the meaning given that term
16 in section 1402 of the Better Utilization of Investments
17 Leading to Development Act of 2018 (22 U.S.C. 9601).
18 AUTHORIZATION OF APPROPRIATIONS
19 SEC. 8008. (a) IN GENERAL.—There is authorized

20 to be appropriated to carry out this title, and the amend-
21 ments made by this title, $50,000,000 for each of the first
22 5 fiscal years beginning after the date of the enactment
23 of this Act.
24 (b) CONSULTATION REQUIREMENT.—Not later than
25 90 days after enactment of this Act, and prior to the obli-
December 21, 2020 (12:59 p.m.)

1588
1 gation of funds made available to implement this title, the
2 Administrator of the United States Agency for Inter-
3 national Development and the Chief Executive Officer of
4 the United States International Development Finance
5 Corporation, in coordination with the Secretary of State,
6 shall consult with the Committees on Appropriations on
7 the proposed uses of funds.
8 (c) ADMINISTRATIVE EXPENSES.—Not more than 5
9 percent of amounts authorized to be appropriated by sub-
10 section (a) for a fiscal year should be made available for
11 administrative expenses to carry out section 535 of the
12 Foreign Assistance Act of 1961 (as added by section 8004
13 of this Act).
14 (d) AVAILABILITY.—Amounts authorized to be ap-
15 propriated by subsection (a) for a fiscal year are author-
16 ized to remain available for such fiscal year and the subse-
17 quent 4 fiscal years.
December 21, 2020 (12:59 p.m.)

1589
1 TITLE IX
2 EMERGENCY FUNDING AND OTHER MATTERS
4 ADMINISTRATION OF FOREIGN AFFAIRS
5 CONSULAR AND BORDER SECURITY PROGRAMS
6 For an additional amount for ‘‘Consular and Border

7 Security Programs’’, $300,000,000, to remain available
8 until expended, to prevent, prepare for, and respond to
9 coronavirus, domestically or internationally, which shall be
10 for offsetting losses resulting from the coronavirus pan-
11 demic of fees and surcharges collected and deposited into
12 the account pursuant to section 7081 of division J of Pub-
13 lic Law 115–31: Provided, That funds made available
14 under this heading in this Act shall be in addition to any
15 other funds made available for this purpose: Provided fur-
16 ther, That such amount is designated by the Congress as
17 being for an emergency requirement pursuant to section
20 SUDAN CLAIMS
21 For necessary expenses to carry out section 7 of the

22 Sudan Claims Resolution Act, notwithstanding any other
23 provision of law, $150,000,000, to remain available until
24 expended: Provided, That any unexpended balances re-
25 maining following the distributions described in section
December 21, 2020 (12:59 p.m.)

1590
1 7(b)(1) of the Sudan Claims Resolution Act that are de-
2 termined by the Secretary of State, not later than Sep-
3 tember 30, 2030, and at the close of each fiscal year there-
4 after, to be excess to the needs of such distributions, shall
5 be returned to the general fund of the Treasury: Provided
10 BILATERAL ECONOMIC ASSISTANCE
12 GLOBAL HEALTH PROGRAMS
13 For an additional amount for ‘‘Global Health Pro-

14 grams’’, $4,000,000,000, to remain available until Sep-
16 coronavirus, including for vaccine procurement and deliv-
17 ery: Provided, That such funds shall be administered by
19 national Development and shall be made available as a
20 contribution to The GAVI Alliance: Provided further, That
21 such amount is designated by the Congress as being for
December 21, 2020 (12:59 p.m.)

1591
1 ECONOMIC SUPPORT FUND
2 For an additional amount for ‘‘Economic Support

3 Fund’’, $700,000,000, to remain available until Sep-
4 tember 30, 2022, which shall be for assistance for Sudan,
5 and which may be made available as contributions: Pro-
6 vided, That up to $100,000,000 of such funds may be
7 transferred to, and merged with, funds made available
8 under the headings ‘‘Global Health Programs’’ and
9 ‘‘Transition Initiatives’’ in Acts making appropriations for
10 the Department of State, foreign operations, and related
11 programs: Provided further, That upon a determination by
12 the Secretary of State that funds transferred pursuant to
13 the preceding proviso are not necessary for the purposes
14 provided, such amounts may be transferred back to such
15 accounts: Provided further, That funds appropriated under
16 this heading in this title may be made available notwith-
17 standing any other provision of law for contributions au-
18 thorized under this heading, agriculture and economic
19 growth programs, and economic assistance for
20 marginalized areas in Sudan and Abyei: Provided further,
21 That prior to the initial obligation of funds appropriated
22 under this heading in this title, the Secretary of State
23 shall consult with the Committees on Appropriations: Pro-
24 vided further, That such amount is designated by the Con-
25 gress as being for an emergency requirement pursuant to
December 21, 2020 (12:59 p.m.)

1592
4 DEBT RESTRUCTURING
5 For an additional amount for ‘‘Debt Restructuring’’,

6 $120,000,000, to remain available until expended, which
7 may be used, notwithstanding any other provision of law,
8 for payment by the Secretary of the Treasury to the Inter-
9 national Monetary Fund for Heavily Indebted Poor Coun-
10 tries debt relief for Sudan: Provided, That such amount
14 1985.
15 GENERAL PROVISIONS—THIS TITLE
16 SEC. 9001. Each amount appropriated or made avail-
17 able by this title is in addition to amounts otherwise ap-
18 propriated for fiscal year 2021.
19 SEC. 9002. Notwithstanding section 7034(q)(7) of
20 this division of this Act, the additional amounts appro-
21 priated by this title to appropriations accounts shall be
22 available under the authorities and conditions applicable
23 to such appropriations accounts for funds appropriated in
24 fiscal year 2021, unless otherwise directed by this title.
December 21, 2020 (12:59 p.m.)

1593
1 SEC. 9003. Notwithstanding the limitations in sec-
2 tions 609(i) and 609(j) of the Millennium Challenge Act
3 of 2003 (2211 U.S.C. 7708(j), 7715), the Millennium
4 Challenge Corporation may, subject to the availability of
5 funds, extend any compact in effect as of January 29,
6 2020, for up to one additional year, to account for delays
7 related to coronavirus: Provided, That the Corporation
8 shall notify the appropriate congressional committees prior
9 to providing any such extension.
10 This division may be cited as the ‘‘Department of
12 priations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

1594
1 DIVISION L—TRANSPORTATION, HOUSING
2 AND URBAN DEVELOPMENT, AND RE-
3 LATED AGENCIES APPROPRIATIONS
4 ACT, 2021
5 TITLE I
6 DEPARTMENT OF TRANSPORTATION
9 For necessary expenses of the Office of the Secretary,

10 $126,174,000, of which not to exceed $3,360,000 shall be
11 available for the immediate Office of the Secretary; not
12 to exceed $1,200,000 shall be available for the immediate
13 Office of the Deputy Secretary; not to exceed $22,210,000
14 shall be available for the Office of the General Counsel;
15 not to exceed $11,797,000 shall be available for the Office
16 of the Under Secretary of Transportation for Policy; not
17 to exceed $16,394,000 shall be available for the Office of
18 the Assistant Secretary for Budget and Programs; not to
19 exceed $3,010,000 shall be available for the Office of the
20 Assistant Secretary for Governmental Affairs; not to ex-
21 ceed $32,239,000 shall be available for the Office of the
22 Assistant Secretary for Administration; not to exceed
23 $2,610,000 shall be available for the Office of Public Af-
24 fairs; not to exceed $2,018,000 shall be available for the
25 Office of the Executive Secretariat; not to exceed
December 21, 2020 (12:59 p.m.)

1595
1 $13,576,000 shall be available for the Office of Intel-
2 ligence, Security, and Emergency Response; and not to ex-
3 ceed $17,760,000 shall be available for the Office of the
4 Chief Information Officer: Provided, That the Secretary
5 of Transportation (referred to in this title as the ‘‘Sec-
6 retary’’) is authorized to transfer funds appropriated for
7 any office of the Office of the Secretary to any other office
8 of the Office of the Secretary: Provided further, That no
9 appropriation for any office shall be increased or de-
10 creased by more than 7 percent by all such transfers: Pro-
11 vided further, That notice of any change in funding greater
12 than 7 percent shall be submitted for approval to the
13 House and Senate Committees on Appropriations: Pro-
14 vided further, That not to exceed $70,000 shall be for allo-
15 cation within the Department for official reception and
16 representation expenses as the Secretary may determine:
18 sion of law, there may be credited to this appropriation
19 up to $2,500,000 in funds received in user fees: Provided
20 further, That none of the funds provided in this Act shall
21 be available for the position of Assistant Secretary for
22 Public Affairs.
23 RESEARCH AND TECHNOLOGY
24 For necessary expenses related to the Office of the

25 Assistant Secretary for Research and Technology,
December 21, 2020 (12:59 p.m.)

1596
2 until expended: Provided, That there may be credited to
3 this appropriation, to be available until expended, funds
4 received from States, counties, municipalities, other public
5 authorities, and private sources for expenses incurred for
6 training: Provided further, That any reference in law, reg-
7 ulation, judicial proceedings, or elsewhere to the Research
8 and Innovative Technology Administration shall continue
9 to be deemed to be a reference to the Office of the Assist-
10 ant Secretary for Research and Technology of the Depart-
11 ment of Transportation.
12 NATIONAL INFRASTRUCTURE INVESTMENTS
14 For capital investments in surface transportation in-

15 frastructure, $1,000,000,000 to remain available until
16 September 30, 2024: Provided, That the Secretary shall
17 distribute amounts made available under this heading as
18 discretionary grants to be awarded to a State, local or
19 tribal government, U.S. territory, transit agency, port au-
20 thority, metropolitan planning organization, political sub-
21 division of a State or local government, or a collaboration
22 among such entities on a competitive basis for projects
23 that will have a significant local or regional impact: Pro-
24 vided further, That projects eligible for amounts made
25 available under this heading shall include, but not be lim-
December 21, 2020 (12:59 p.m.)

1597
1 ited to, highway or bridge projects eligible under title 23,
2 United States Code; public transportation projects eligible
3 under chapter 53 of title 49, United States Code; pas-
4 senger and freight rail transportation projects; port infra-
5 structure investments (including inland port infrastruc-
6 ture and land ports of entry); and projects investing in
7 surface transportation facilities that are located on tribal
8 land and for which title or maintenance responsibility is
9 vested in the Federal Government: Provided further, That
10 of the amount made available under this heading, the Sec-
11 retary shall use an amount not more than $30,000,000
12 for the planning, preparation or design of projects eligible
13 for amounts made available under this heading, of which
14 not less than $10,000,000 is for projects eligible for
15 amounts made available under this heading located in or
16 to directly benefit areas of persistent poverty: Provided
17 further, That the term ‘‘areas of persistent poverty’’
18 means any county that has consistently had greater than
19 or equal to 20 percent of the population living in poverty
20 during the 30-year period preceding the date of enactment
21 of this Act, as measured by the 1990 and 2000 decennial
22 census and the most recent annual Small Area Income and
23 Poverty Estimates as estimated by the Bureau of the Cen-
24 sus; any census tract with a poverty rate of at least 20
25 percent as measured by the 2014–2018 5-year data series
December 21, 2020 (12:59 p.m.)

1598
1 available from the American Community Survey of the
2 Bureau of the Census; or any territory or possession of
3 the United States: Provided further, That grants awarded
4 under the previous two provisos shall not be subject to
5 a minimum grant size: Provided further, That the Sec-
6 retary may use up to 20 percent of the amounts made
7 available under this heading for the purpose of paying the
8 subsidy and administrative costs of projects eligible for
9 Federal credit assistance under chapter 6 of title 23,
10 United States Code, or sections 501 through 504 of the
11 Railroad Revitalization and Regulatory Reform Act of
12 1976 (Public Law 94–210), if the Secretary finds that
13 such use of the funds would advance the purposes of this
14 heading: Provided further, That in distributing amounts
15 made available under this heading, the Secretary shall
16 take such measures so as to ensure an equitable geo-
17 graphic distribution of funds, an appropriate balance in
18 addressing the needs of urban and rural areas, including
19 tribal areas, and the investment in a variety of transpor-
20 tation modes: Provided further, That a grant award under
21 this heading shall be not less than $5,000,000 and not
22 greater than $25,000,000: Provided further, That not
23 more than 10 percent of the amounts made available
24 under this heading may be awarded to projects in a single
25 State: Provided further, That the Federal share of the
December 21, 2020 (12:59 p.m.)

1599
1 costs for which an amount is provided under this heading
2 shall be, at the option of the recipient, up to 80 percent:
3 Provided further, That the Secretary shall give priority to
4 projects that require a contribution of Federal funds in
5 order to complete an overall financing package: Provided
6 further, That an award under this heading is an urban
7 award if it is to a project located within or on the bound-
8 ary of an Urbanized Area (UA), as designated by the Bu-
9 reau of the Census, that had a population greater than
10 200,000 in the 2010 decennial census: Provided further,
11 That for the purpose of determining if an award for plan-
12 ning, preparation or design is an urban award, the project
13 location is the location of the project being planned, pre-
14 pared or designed: Provided further, That each award
15 under this heading that is not an urban award is a rural
16 award: Provided further, That of the amounts awarded
17 under this heading, not more than 50 percent shall be
18 awarded as urban awards and rural awards, respectively:
19 Provided further, That for rural awards, the minimum
20 grant size shall be $1,000,000: Provided further, That for
21 rural awards and areas of persistent poverty awards the
22 Secretary may increase the Federal share of costs above
23 80 percent: Provided further, That projects conducted
24 using amounts made available under this heading shall
25 comply with the requirements of subchapter IV of chapter
December 21, 2020 (12:59 p.m.)

1600
1 31 of title 40, United States Code: Provided further, That
2 the Secretary shall conduct a new competition to select
3 the grants and credit assistance awarded under this head-
4 ing: Provided further, That the Secretary may retain up
5 to $20,000,000 of the amounts made available under this
6 heading, and may transfer portions of such amounts to
7 the Administrators of the Federal Highway Administra-
8 tion, the Federal Transit Administration, the Federal
9 Railroad Administration and the Maritime Administration
10 to fund the award and oversight of grants and credit as-
11 sistance made under the National Infrastructure Invest-
12 ments program: Provided further, That none of the
13 amounts made available in the previous proviso may be
14 used to hire additional personnel: Provided further, That
15 the Secretary shall consider and award projects based sole-
16 ly on the selection criteria from the fiscal year 2017 Notice
17 of Funding Opportunity: Provided further, That, notwith-
18 standing the previous proviso, the Secretary shall not use
19 the Federal share or an applicant’s ability to generate
20 non-Federal revenue as a selection criteria in awarding
21 projects: Provided further, That the Secretary shall issue
22 the Notice of Funding Opportunity no later than 120 days
23 after enactment of this Act: Provided further, That such
24 Notice of Funding Opportunity shall require application
25 submissions 90 days after the publishing of such Notice:
December 21, 2020 (12:59 p.m.)

1601
1 Provided further, That of the applications submitted under
2 the previous two provisos, the Secretary shall make grants
3 no later than 330 days after enactment of this Act in such
4 amounts that the Secretary determines.
5 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE
6 FINANCE BUREAU
7 For necessary expenses of the National Surface

8 Transportation and Innovative Finance Bureau as author-
9 ized by 49 U.S.C. 116, $5,000,000, to remain available
10 until expended: Provided, That the Secretary may collect
11 and spend fees, as authorized by title 23, United States
12 Code, to cover the costs of services of expert firms, includ-
13 ing counsel, in the field of municipal and project finance
14 to assist in the underwriting and servicing of Federal cred-
15 it instruments and all or a portion of the costs to the Fed-
16 eral Government of servicing such credit instruments: Pro-
17 vided further, That such fees are available until expended
18 to pay for such costs: Provided further, That such amounts
19 are in addition to other amounts made available for such
20 purposes and are not subject to any obligation limitation
21 or the limitation on administrative expenses under section
December 21, 2020 (12:59 p.m.)

1602
1 RAILROAD REHABILITATION AND IMPROVEMENT
2 FINANCING PROGRAM
3 The Secretary is authorized to issue direct loans and

4 loan guarantees pursuant to sections 501 through 504 of
5 the Railroad Revitalization and Regulatory Reform Act of
6 1976 (Public Law 94–210), as amended, such authority
7 shall exist as long as any such direct loan or loan guar-
8 antee is outstanding.
9 FINANCIAL MANAGEMENT CAPITAL
10 For necessary expenses for upgrading and enhancing

11 the Department of Transportation’s financial systems and
12 re-engineering business processes, $2,000,000, to remain
13 available through September 30, 2022.
14 CYBER SECURITY INITIATIVES
15 For necessary expenses for cyber security initiatives,

16 including necessary upgrades to network and information
17 technology infrastructure, improvement of identity man-
18 agement and authentication capabilities, securing and pro-
19 tecting data, implementation of Federal cyber security ini-
20 tiatives, and implementation of enhanced security controls
21 on agency computers and mobile devices, $22,000,000, to
23 OFFICE OF CIVIL RIGHTS
24 For necessary expenses of the Office of Civil Rights,

25 $9,600,000.
December 21, 2020 (12:59 p.m.)

1603
1 TRANSPORTATION PLANNING, RESEARCH, AND
2 DEVELOPMENT
4 For necessary expenses for conducting transportation

5 planning, research, systems development, development ac-
6 tivities, and making grants, $9,350,000, to remain avail-
7 able until expended: Provided, That of such amount,
8 $1,000,000 shall be for necessary expenses of the Inter-
9 agency Infrastructure Permitting Improvement Center
10 (IIPIC): Provided further, That there may be transferred
11 to this appropriation, to remain available until expended,
12 amounts transferred from other Federal agencies for ex-
13 penses incurred under this heading for IIPIC activities not
14 related to transportation infrastructure: Provided further,
15 That the tools and analysis developed by the IIPIC shall
16 be available to other Federal agencies for the permitting
17 and review of major infrastructure projects not related to
18 transportation only to the extent that other Federal agen-
19 cies provide funding to the Department in accordance with
20 the preceding proviso.
23 For necessary expenses for operating costs and cap-

24 ital outlays of the Working Capital Fund, not to exceed
25 $319,793,000, shall be paid from appropriations made
December 21, 2020 (12:59 p.m.)

1604
1 available to the Department of Transportation: Provided,
2 That such services shall be provided on a competitive basis
3 to entities within the Department of Transportation
4 (DOT): Provided further, That the limitation in the pre-
5 ceding proviso on operating expenses shall not apply to
6 non-DOT entities: Provided further, That no funds made
7 available by this Act to an agency of the Department shall
8 be transferred to the Working Capital Fund without ma-
9 jority approval of the Working Capital Fund Steering
10 Committee and approval of the Secretary: Provided fur-
11 ther, That no assessments may be levied against any pro-
12 gram, budget activity, subactivity, or project funded by
13 this Act unless notice of such assessments and the basis
14 therefor are presented to the House and Senate Commit-
15 tees on Appropriations and are approved by such Commit-
16 tees.
17 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND
18 OUTREACH
19 For necessary expenses for small and disadvantaged

20 business utilization and outreach activities, $4,714,000, to
22 That notwithstanding section 332 of title 49, United
23 States Code, such amounts may be used for business op-
24 portunities related to any mode of transportation: Pro-
25 vided further, That appropriations made available under
December 21, 2020 (12:59 p.m.)

1605
1 this heading shall be available for any purpose consistent
2 with prior year appropriations that were made available
3 under the heading ‘‘Office of the Secretary—Minority
4 Business Resource Center Program’’.
5 PAYMENTS TO AIR CARRIERS
6 (AIRPORT AND AIRWAY TRUST FUND)
7 In addition to funds made available from any other

8 source to carry out the essential air service program under
9 sections 41731 through 41742 of title 49, United States
10 Code, $141,724,000, to be derived from the Airport and
11 Airway Trust Fund, to remain available until expended:
12 Provided, That in determining between or among carriers
13 competing to provide service to a community, the Sec-
14 retary may consider the relative subsidy requirements of
15 the carriers: Provided further, That basic essential air
16 service minimum requirements shall not include the 15-
17 passenger capacity requirement under section 41732(b)(3)
18 of title 49, United States Code: Provided further, That
19 amounts authorized to be distributed for the essential air
20 service program under section 41742(b) of title 49, United
21 States Code, shall be made available immediately from
22 amounts otherwise provided to the Administrator of the
23 Federal Aviation Administration: Provided further, That
24 the Administrator may reimburse such amounts from fees
December 21, 2020 (12:59 p.m.)

1606
1 credited to the account established under section 45303
2 of title 49, United States Code.
3 TRANSPORTATION DEMONSTRATION PROGRAM
4 To expand intermodal and multimodal freight and

5 cargo transportation infrastructure, including airport de-
6 velopment under chapter 471 of title 49, United States
7 Code, $100,000,000, to remain available until expended:
8 Provided, That the Secretary shall distribute funds pro-
9 vided under this heading as discretionary grants to mari-
10 time port authorities or former military airports classified
11 as general aviation airports in the National Plan on Inte-
12 grated Airport System report for fiscal years 2019 to
13 2023: Provided further, That eligible applicants that are
14 maritime port authorities shall use a terminal railway and
15 be located not more than 10 miles from a former military
16 airport classified as a general aviation airport in the Na-
17 tional Plan on Integrated Airport System report for fiscal
18 years 2019 to 2023: Provided further, That eligible appli-
19 cants that are former military airports classified as gen-
20 eral aviation airports in the National Plan on Integrated
21 Airport System report for fiscal years 2019 to 2023 shall
22 be located not more than 10 miles from a maritime port
23 authority that uses a terminal railway: Provided further,
24 That projects eligible under this heading shall be located
25 not more than 10 miles from at least two highways on
December 21, 2020 (12:59 p.m.)

1607
1 the Interstate System: Provided further, That the Sec-
2 retary shall issue the Notice of Funding Opportunity no
3 later than 60 days after enactment of this Act.
4 ADMINISTRATIVE PROVISIONS—OFFICE OF THE
5 SECRETARY OF TRANSPORTATION

8 Act to the Department of Transportation may be obligated
9 for the Office of the Secretary of Transportation to ap-
10 prove assessments or reimbursable agreements pertaining
11 to funds appropriated to the operating administrations in
12 this Act, except for activities underway on the date of en-
13 actment of this Act, unless such assessments or agree-
14 ments have completed the normal reprogramming process
15 for congressional notification.
16 SEC. 102. The Secretary shall post on the web site
17 of the Department of Transportation a schedule of all
18 meetings of the Council on Credit and Finance, including
19 the agenda for each meeting, and require the Council on
20 Credit and Finance to record the decisions and actions
21 of each meeting.
22 SEC. 103. In addition to authority provided by section
23 327 of title 49, United States Code, the Department’s
24 Working Capital Fund is authorized to provide partial or
25 full payments in advance and accept subsequent reim-
December 21, 2020 (12:59 p.m.)

1608
1 bursements from all Federal agencies from available funds
2 for transit benefit distribution services that are necessary
3 to carry out the Federal transit pass transportation fringe
4 benefit program under Executive Order No. 13150 and
5 section 3049 of SAFETEA–LU (5 U.S.C. 7905 note):
6 Provided, That the Department shall maintain a reason-
7 able operating reserve in the Working Capital Fund, to
8 be expended in advance to provide uninterrupted transit
9 benefits to Government employees: Provided further, That
10 such reserve shall not exceed 1 month of benefits payable
11 and may be used only for the purpose of providing for
12 the continuation of transit benefits: Provided further, That
13 the Working Capital Fund shall be fully reimbursed by
14 each customer agency from available funds for the actual
15 cost of the transit benefit.
16 SEC. 104. Receipts collected in the Department’s
17 Working Capital Fund, as authorized by section 327 of
18 title 49, United States Code, for unused van pool benefits,
19 in an amount not to exceed 10 percent of fiscal year 2021
20 collections, shall be available until expended in the Depart-
21 ment’s Working Capital Fund to provide contractual serv-
22 ices in support of section 199A of this Act: Provided, That
23 obligations in fiscal year 2021 of such collections shall not
24 exceed $1,000,000.
December 21, 2020 (12:59 p.m.)

1609
1 SEC. 105. The remaining unobligated balances, as of
2 September 30, 2021, from amounts made available for the
3 ‘‘Department of Transportation—Office of the Sec-
4 retary—National Infrastructure Investments’’ in division
5 G of the Consolidated Appropriations Act, 2019 (Public
6 Law 116–6) are hereby permanently rescinded, and an
7 amount of additional new budget authority equivalent to
8 the amount rescinded is hereby appropriated on Sep-
9 tember 30, 2021, to remain available until September 30,
10 2022, and shall be available, without additional competi-
11 tion, for completing the funding of awards made pursuant
12 to the fiscal year 2019 national infrastructure investments
13 program.
14 SEC. 106. None of the funds in this Act may be obli-
15 gated or expended for retention or senior executive bo-
16 nuses for an employee of the Department of Transpor-
17 tation without the prior written approval of the Assistant
18 Secretary for Administration.
19 SEC. 107. In addition to authority provided by section
20 327 of title 49, United States Code, the Department’s Ad-
21 ministrative Working Capital Fund is hereby authorized
22 to transfer information technology equipment, software,
23 and systems from Departmental sources or other entities
24 and collect and maintain a reserve at rates which will re-
25 turn full cost of transferred assets.
December 21, 2020 (12:59 p.m.)

1610
1 SEC. 108. None of the funds provided in this Act to
2 the Department of Transportation may be used to provide
3 credit assistance unless not less than 3 days before any
4 application approval to provide credit assistance under
5 sections 603 and 604 of title 23, United States Code, the
6 Secretary provides notification in writing to the following
7 committees: the House and Senate Committees on Appro-
8 priations; the Committee on Environment and Public
9 Works and the Committee on Banking, Housing and
10 Urban Affairs of the Senate; and the Committee on Trans-
11 portation and Infrastructure of the House of Representa-
12 tives: Provided, That such notification shall include, but
13 not be limited to, the name of the project sponsor; a de-
14 scription of the project; whether credit assistance will be
15 provided as a direct loan, loan guarantee, or line of credit;
16 and the amount of credit assistance.
17 FEDERAL AVIATION ADMINISTRATION
18 OPERATIONS
20 For necessary expenses of the Federal Aviation Ad-

21 ministration, not otherwise provided for, including oper-
22 ations and research activities related to commercial space
23 transportation, administrative expenses for research and
24 development, establishment of air navigation facilities, the
25 operation (including leasing) and maintenance of aircraft,
December 21, 2020 (12:59 p.m.)

1611
1 subsidizing the cost of aeronautical charts and maps sold
2 to the public, the lease or purchase of passenger motor
3 vehicles for replacement only, $11,001,500,000, to remain
4 available until September 30, 2022, of which
5 $10,519,000,000 shall be derived from the Airport and
6 Airway Trust Fund: Provided, That of the sums appro-
7 priated under this heading—
8 (1) not less than $1,479,039,000 shall be avail-
9 able for aviation safety activities;
10 (2) $8,205,821,000 shall be available for air
11 traffic organization activities;
12 (3) $27,555,000 shall be available for commer-
13 cial space transportation activities;
14 (4) $836,141,000 shall be available for finance
15 and management activities;
16 (5) $62,862,000 shall be available for NextGen
17 and operations planning activities;
18 (6) $124,928,000 shall be available for security
19 and hazardous materials safety; and
20 (7) $265,154,000 shall be available for staff of-
21 fices:
22 Provided further, That not to exceed 5 percent of any
23 budget activity, except for aviation safety budget activity,
24 may be transferred to any budget activity under this head-
25 ing: Provided further, That no transfer may increase or
December 21, 2020 (12:59 p.m.)

1612
1 decrease any appropriation under this heading by more
2 than 5 percent: Provided further, That any transfer in ex-
3 cess of 5 percent shall be treated as a reprogramming of
4 funds under section 405 of this Act and shall not be avail-
6 with the procedures set forth in that section: Provided fur-
7 ther, That not later than 60 days after the submission of
8 the budget request, the Administrator of the Federal Avia-
9 tion Administration shall transmit to Congress an annual
10 update to the report submitted to Congress in December
11 2004 pursuant to section 221 of the Vision 100-Century
12 of Aviation Reauthorization Act (49 U.S.C. 40101 note):
13 Provided further, That the amounts made available under
14 this heading shall be reduced by $100,000 for each day
15 after 60 days after the submission of the budget request
16 that such report has not been transmitted to Congress:
17 Provided further, That not later than 60 days after the
18 submission of the budget request, the Administrator shall
19 transmit to Congress a companion report that describes
20 a comprehensive strategy for staffing, hiring, and training
21 flight standards and aircraft certification staff in a format
22 similar to the one utilized for the controller staffing plan,
23 including stated attrition estimates and numerical hiring
24 goals by fiscal year: Provided further, That the amounts
25 made available under this heading shall be reduced by
December 21, 2020 (12:59 p.m.)

1613
1 $100,000 for each day after the date that is 60 days after
2 the submission of the budget request that such report has
3 not been submitted to Congress: Provided further, That
4 funds may be used to enter into a grant agreement with
5 a nonprofit standard-setting organization to assist in the
6 development of aviation safety standards: Provided fur-
7 ther, That none of the funds made available by this Act
8 shall be available for new applicants for the second career
9 training program: Provided further, That none of the
10 funds in this Act shall be available for the Federal Avia-
11 tion Administration to finalize or implement any regula-
12 tion that would promulgate new aviation user fees not spe-
13 cifically authorized by law after the date of the enactment
14 of this Act: Provided further, That there may be credited
15 to this appropriation, as offsetting collections, funds re-
16 ceived from States, counties, municipalities, foreign au-
17 thorities, other public authorities, and private sources for
18 expenses incurred in the provision of agency services, in-
19 cluding receipts for the maintenance and operation of air
20 navigation facilities, and for issuance, renewal or modifica-
21 tion of certificates, including airman, aircraft, and repair
22 station certificates, or for tests related thereto, or for proc-
23 essing major repair or alteration forms: Provided further,
25 not less than $172,800,000 shall be used to fund direct
December 21, 2020 (12:59 p.m.)

1614
1 operations of the current air traffic control towers in the
2 contract tower program, including the contract tower cost
3 share program, and any airport that is currently qualified
4 or that will qualify for the program during the fiscal year:
5 Provided further, That none of the funds made available
6 by this Act for aeronautical charting and cartography are
7 available for activities conducted by, or coordinated
8 through, the Working Capital Fund: Provided further,
9 That none of the funds appropriated or otherwise made
10 available by this Act or any other Act may be used to
11 eliminate the Contract Weather Observers program at any
12 airport.
13 FACILITIES AND EQUIPMENT

16 for acquisition, establishment, technical support services,
17 improvement by contract or purchase, and hire of national
18 airspace systems and experimental facilities and equip-
19 ment, as authorized under part A of subtitle VII of title
20 49, United States Code, including initial acquisition of
21 necessary sites by lease or grant; engineering and service
22 testing, including construction of test facilities and acqui-
23 sition of necessary sites by lease or grant; construction
24 and furnishing of quarters and related accommodations
25 for officers and employees of the Federal Aviation Admin-
December 21, 2020 (12:59 p.m.)

1615
1 istration stationed at remote localities where such accom-
2 modations are not available; and the purchase, lease, or
3 transfer of aircraft from funds available under this head-
4 ing, including aircraft for aviation regulation and certifi-
5 cation; to be derived from the Airport and Airway Trust
6 Fund, $3,015,000,000, of which $545,000,000 shall re-
7 main available until September 30, 2022, $2,330,400,000
8 shall remain available until September 30, 2023, and
10 vided, That there may be credited to this appropriation
11 funds received from States, counties, municipalities, other
12 public authorities, and private sources, for expenses in-
13 curred in the establishment, improvement, and moderniza-
14 tion of national airspace systems: Provided further, That
15 not later than 60 days after submission of the budget re-
16 quest, the Secretary shall transmit to the Congress an in-
17 vestment plan for the Federal Aviation Administration
18 which includes funding for each budget line item for fiscal
19 years 2022 through 2026, with total funding for each year
20 of the plan constrained to the funding targets for those
21 years as estimated and approved by the Office of Manage-
22 ment and Budget.
December 21, 2020 (12:59 p.m.)

1616
1 RESEARCH, ENGINEERING, AND DEVELOPMENT

4 for research, engineering, and development, as authorized
5 under part A of subtitle VII of title 49, United States
6 Code, including construction of experimental facilities and
7 acquisition of necessary sites by lease or grant,
8 $198,000,000, to be derived from the Airport and Airway
9 Trust Fund and to remain available until September 30,
10 2023: Provided, That there may be credited to this appro-
11 priation as offsetting collections, funds received from
12 States, counties, municipalities, other public authorities,
13 and private sources, which shall be available for expenses
14 incurred for research, engineering, and development: Pro-
16 ing shall be used in accordance with the explanatory state-
18 sion A of this consolidated Act): Provided further, That
19 not to exceed 10 percent of any funding level specified
20 under this heading in the explanatory statement described
21 in section 4 (in the matter preceding division A of this
22 consolidated Act) may be transferred to any other funding
23 level specified under this heading in the explanatory state-
25 sion A of this consolidated Act): Provided further, That
December 21, 2020 (12:59 p.m.)

1617
1 no transfer may increase or decrease any funding level by
2 more than 10 percent: Provided further, That any transfer
3 in excess of 10 percent shall be treated as a reprogram-
4 ming of funds under section 405 of this Act and shall not
5 be available for obligation or expenditure except in compli-
6 ance with the procedures set forth in that section.
7 GRANTS-IN-AID FOR AIRPORTS
8 (LIQUIDATION OF CONTRACT AUTHORIZATION)
9 (LIMITATION ON OBLIGATIONS)
12 For liquidation of obligations incurred for grants-in-

13 aid for airport planning and development, and noise com-
14 patibility planning and programs as authorized under sub-
15 chapter I of chapter 471 and subchapter I of chapter 475
16 of title 49, United States Code, and under other law au-
17 thorizing such obligations; for procurement, installation,
18 and commissioning of runway incursion prevention devices
19 and systems at airports of such title; for grants authorized
20 under section 41743 of title 49, United States Code; and
21 for inspection activities and administration of airport safe-
22 ty programs, including those related to airport operating
23 certificates under section 44706 of title 49, United States
24 Code, $3,350,000,000, to be derived from the Airport and
25 Airway Trust Fund and to remain available until ex-
December 21, 2020 (12:59 p.m.)

1618
1 pended: Provided, That none of the amounts made avail-
2 able under this heading shall be available for the planning
3 or execution of programs the obligations for which are in
4 excess of $3,350,000,000, in fiscal year 2021, notwith-
5 standing section 47117(g) of title 49, United States Code:
6 Provided further, That none of the amounts made available
7 under this heading shall be available for the replacement
8 of baggage conveyor systems, reconfiguration of terminal
9 baggage areas, or other airport improvements that are
10 necessary to install bulk explosive detection systems: Pro-
11 vided further, That notwithstanding section 47109(a) of
12 title 49, United States Code, the Government’s share of
13 allowable project costs under paragraph (2) of such sec-
14 tion for subgrants or paragraph (3) of such section shall
15 be 95 percent for a project at other than a large or me-
16 dium hub airport that is a successive phase of a multi-
17 phased construction project for which the project sponsor
18 received a grant in fiscal year 2011 for the construction
19 project: Provided further, That notwithstanding any other
20 provision of law, of amounts limited under this heading,
21 not more than $119,402,000 shall be available for admin-
22 istration, not less than $15,000,000 shall be available for
23 the Airport Cooperative Research Program, not less than
24 $40,666,000 shall be available for Airport Technology Re-
25 search, and $10,000,000, to remain available until ex-
December 21, 2020 (12:59 p.m.)

1619
1 pended, shall be available and transferred to ‘‘Office of
2 the Secretary, Salaries and Expenses’’ to carry out the
3 Small Community Air Service Development Program: Pro-
4 vided further, That in addition to airports eligible under
5 section 41743 of title 49, United States Code, such pro-
6 gram may include the participation of an airport that
7 serves a community or consortium that is not larger than
8 a small hub airport, according to FAA hub classifications
9 effective at the time the Office of the Secretary issues a
10 request for proposals.
12 For an additional amount for ‘‘Grants-In-Aid for Air-

13 ports’’, to enable the Secretary to make grants for projects
14 as authorized by subchapter 1 of chapter 471 and sub-
15 chapter 1 of chapter 475 of title 49, United States Code,
17 2023: Provided, That amounts made available under this
18 heading shall be derived from the general fund, and such
19 funds shall not be subject to apportionment formulas, spe-
20 cial apportionment categories, or minimum percentages
21 under chapter 471: Provided further, That the Secretary
22 shall distribute funds provided under this heading as dis-
23 cretionary grants to airports: Provided further, That the
24 amount made available under this heading shall not be
25 subject to any limitation on obligations for the Grants-
December 21, 2020 (12:59 p.m.)

1620
1 in-Aid for Airports program set forth in any Act: Provided
2 further, That the Administrator of the Federal Aviation
3 Administration may retain up to 0.5 percent of the funds
4 provided under this heading to fund the award and over-
5 sight by the Administrator of grants made under this
6 heading.
7 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION
8 ADMINISTRATION

10 Act may be used to compensate in excess of 600 technical
11 staff-years under the federally funded research and devel-
12 opment center contract between the Federal Aviation Ad-
13 ministration and the Center for Advanced Aviation Sys-
14 tems Development during fiscal year 2021.
16 Act shall be used to pursue or adopt guidelines or regula-
17 tions requiring airport sponsors to provide to the Federal
18 Aviation Administration without cost building construc-
19 tion, maintenance, utilities and expenses, or space in air-
20 port sponsor-owned buildings for services relating to air
21 traffic control, air navigation, or weather reporting: Pro-
22 vided, That the prohibition on the use of funds in this
23 section does not apply to negotiations between the agency
24 and airport sponsors to achieve agreement on ‘‘below-mar-
25 ket’’ rates for these items or to grant assurances that re-
December 21, 2020 (12:59 p.m.)

1621
1 quire airport sponsors to provide land without cost to the
2 Federal Aviation Administration for air traffic control fa-
3 cilities.
4 SEC. 112. The Administrator of the Federal Aviation
5 Administration may reimburse amounts made available to
6 satisfy section 41742(a)(1) of title 49, United States
7 Code, from fees credited under section 45303 of title 49,
8 United States Code, and any amount remaining in such
9 account at the close of any fiscal year may be made avail-
10 able to satisfy section 41742(a)(1) of title 49, United
11 States Code, for the subsequent fiscal year.
12 SEC. 113. Amounts collected under section 40113(e)
13 of title 49, United States Code, shall be credited to the
14 appropriation current at the time of collection, to be
15 merged with and available for the same purposes as such
16 appropriation.
18 Act shall be available for paying premium pay under sub-
19 section 5546(a) of title 5, United States Code, to any Fed-
20 eral Aviation Administration employee unless such em-
21 ployee actually performed work during the time cor-
22 responding to such premium pay.
24 Act may be obligated or expended for an employee of the
25 Federal Aviation Administration to purchase a store gift
December 21, 2020 (12:59 p.m.)

1622
1 card or gift certificate through use of a Government-issued
2 credit card.
4 law, none of the funds made available under this Act or
5 any prior Act may be used to implement or to continue
6 to implement any limitation on the ability of any owner
7 or operator of a private aircraft to obtain, upon a request
8 to the Administrator of the Federal Aviation Administra-
9 tion, a blocking of that owner’s or operator’s aircraft reg-
10 istration number, Mode S transponder code, flight identi-
11 fication, call sign, or similar identifying information from
12 any ground based display to the public that would allow
13 the real-time or near real-time flight tracking of that air-
14 craft’s movements, except data made available to a Gov-
15 ernment agency, for the noncommercial flights of that
16 owner or operator.
18 Act shall be available for salaries and expenses of more
19 than nine political and Presidential appointees in the Fed-
20 eral Aviation Administration.
22 Act may be used to increase fees pursuant to section
23 44721 of title 49, United States Code, until the Federal
24 Aviation Administration provides to the House and Senate
25 Committees on Appropriations a report that justifies all
December 21, 2020 (12:59 p.m.)

1623
1 fees related to aeronautical navigation products and ex-
2 plains how such fees are consistent with Executive Order
3 No. 13642.
5 Act may be used to close a regional operations center of
6 the Federal Aviation Administration or reduce its services
7 unless the Administrator notifies the House and Senate
8 Committees on Appropriations not less than 90 full busi-
9 ness days in advance.
10 SEC. 119A. None of the funds made available by or
11 limited by this Act may be used to change weight restric-
12 tions or prior permission rules at Teterboro airport in
13 Teterboro, New Jersey.
14 SEC. 119B. None of the funds made available by this
15 Act may be used by the Administrator of the Federal Avia-
16 tion Administration to withhold from consideration and
17 approval any new application for participation in the Con-
18 tract Tower Program, or for reevaluation of Cost-share
19 Program participants so long as the Federal Aviation Ad-
20 ministration has received an application from the airport,
21 and so long as the Administrator determines such tower
22 is eligible using the factors set forth in Federal Aviation
23 Administration published establishment criteria.
24 SEC. 119C. None of the funds made available by this
25 Act may be used to open, close, redesignate as a lesser
December 21, 2020 (12:59 p.m.)

1624
1 office, or reorganize a regional office, the aeronautical cen-
2 ter, or the technical center unless the Administrator sub-
3 mits a request for the reprogramming of funds under sec-
5 FEDERAL HIGHWAY ADMINISTRATION
7 (HIGHWAY TRUST FUND)
9 Not to exceed $475,649,049 together with advances

10 and reimbursements received by the Federal Highway Ad-
11 ministration, shall be obligated for necessary expenses for
12 administration and operation of the Federal Highway Ad-
13 ministration: Provided, That in addition, $3,248,000 shall
14 be transferred to the Appalachian Regional Commission
15 in accordance with section 104(a) of title 23, United
16 States Code.
17 FEDERAL-AID HIGHWAYS
20 Funds available for the implementation or execution

21 of Federal-aid highway and highway safety construction
22 programs authorized under titles 23 and 49, United States
23 Code, and the provisions of the Fixing America’s Surface
24 Transportation (FAST) Act (Public Law 114–94) shall
December 21, 2020 (12:59 p.m.)

1625
1 not exceed total obligations of $46,365,092,000 for fiscal
2 year 2021.
5 For the payment of obligations incurred in carrying

6 out Federal-aid highway and highway safety construction
7 programs authorized under title 23, United States Code,
8 $47,104,092,000 derived from the Highway Trust Fund
9 (other than the Mass Transit Account), to remain avail-
11 HIGHWAY INFRASTRUCTURE PROGRAMS
12 There is hereby appropriated to the Secretary

13 $2,000,000,000: Provided, That the funds made available
14 under this heading shall be derived from the general fund,
15 shall be in addition to any funds provided for fiscal year
16 2021 in this or any other Act for: (1) ‘‘Federal-aid High-
17 ways’’ under chapter 1 of title 23, United States Code;
18 or (2) the Appalachian Development Highway System as
19 authorized under section 1069(y) of Public Law 102–240,
20 and shall not affect the distribution or amount of funds
21 provided in any other Act: Provided further, That section
22 1101(b) of Public Law 114–94 shall apply to funds made
23 available under this heading: Provided further, That unless
24 otherwise specified, amounts made available under this
25 heading shall be available until September 30, 2024: Pro-
December 21, 2020 (12:59 p.m.)

1626
2 heading—
3 (1) $640,650,000 shall be for activities eligible
4 under section 133(b) of title 23, United States Code,
5 and to provide necessary charging infrastructure
6 along corridor-ready or corridor-pending alternative
7 fuel corridors designated pursuant to section 151 of
8 title 23, United States Code;
9 (2) $2,700,000 shall be for activities eligible
10 under the Puerto Rico Highway Program as de-
11 scribed in section 165(b)(2)(C) of title 23, United
12 States Code;
13 (3) $650,000 shall be for activities eligible
14 under the Territorial Highway Program, as de-
15 scribed in section 165(c)(6) of title 23, United
16 States Code;
17 (4) $100,000,000 shall be for the nationally
18 significant Federal lands and tribal projects program
19 under section 1123 of the FAST Act;
20 (5) $1,080,000,000 shall be for a bridge re-
21 placement and rehabilitation program;
22 (6) $100,000,000 shall be for necessary ex-
23 penses for construction of the Appalachian Develop-
24 ment Highway System as authorized under section
25 1069(y) of Public Law 102–240;
December 21, 2020 (12:59 p.m.)

1627
1 (7) $16,000,000 shall be for the national scenic
2 byways program under section 162 of title 23,
3 United States Code;
4 (8) $50,000,000 shall be for competitive grants
5 for activities described in section 130(a) of title 23,
6 United States Code;
7 (9) $5,000,000 shall be for the Regional Infra-
8 structure Accelerator Demonstration Program au-
9 thorized under section 1441 of the FAST Act; and
10 (10) $5,000,000 shall be for a National Road
11 Network Pilot Program for the Federal Highway
12 Administration to create a national level, geo-spatial
13 dataset that uses data already collected under the
14 Highway Performance Monitoring System:
15 Provided further, That for the purposes of funds made
16 available under this heading, in paragraph (1) of the
17 fourth proviso, the term ‘‘State’’ means any of the 50
18 States or the District of Columbia: Provided further, That
19 the funds made available under this heading, in paragraph
20 (1) of the fourth proviso, shall be suballocated in the man-
21 ner described in section 133(d) of title 23, United States
22 Code, except that the set-aside described in section 133(h)
23 of such title shall not apply to funds made available under
24 this heading, in paragraph (1) of the fourth proviso: Pro-
25 vided further, That the funds made available under this
December 21, 2020 (12:59 p.m.)

1628
1 heading, in paragraphs (1), (5), (7), and (8) of the fourth
2 proviso, shall be administered as if apportioned under
3 chapter 1 of such title: Provided further, That, the funds
4 made available under this heading, in paragraph (1) of
5 the fourth proviso, shall be apportioned to the States in
6 the same ratio as the obligation limitation for fiscal year
7 2021 is distributed among the States in section 120(a)(5)
8 of this Act: Provided further, That, except as provided in
9 the following proviso, the funds made available under this
10 heading for activities eligible under the Puerto Rico High-
11 way Program and activities eligible under the Territorial
12 Highway Program shall be administered as if allocated
13 under sections 165(b) and 165(c), respectively, of title 23,
14 United States Code: Provided further, That the funds
15 made available under this heading for activities eligible
16 under the Puerto Rico Highway Program shall not be sub-
17 ject to the requirements of sections 165(b)(2)(A) or
18 165(b)(2)(B) of such title: Provided further, That not less
19 than 25 percent of the funds made available under this
20 heading for the nationally significant Federal lands and
21 tribal projects program under section 1123 of the FAST
22 Act shall be for competitive grants to tribal governments:
23 Provided further, That for the purposes of funds made
24 available under this heading for a bridge replacement and
25 rehabilitation program, (1) the term ‘‘State’’ means any
December 21, 2020 (12:59 p.m.)

1629
1 of the 50 States or the District of Columbia, and (2) the
2 term ‘‘qualifying State’’ means any State in which the per-
3 centage of total deck area of bridges classified as in poor
4 condition in such State is at least 5 percent or in which
5 the percentage of total bridges classified as in poor condi-
6 tion in such State is at least 5 percent: Provided further,
7 That, of the funds made available under this heading for
8 a bridge replacement and rehabilitation program, the Sec-
9 retary shall reserve $6,000,000 for each State that does
10 not meet the definition of a qualifying State: Provided fur-
11 ther, That, after making the reservations under the pre-
12 ceding proviso, the Secretary shall distribute the remain-
13 ing funds made available under this heading for a bridge
14 replacement and rehabilitation program to each qualifying
15 State by the proportion that the percentage of total deck
16 area of bridges classified as in poor condition in such
17 qualifying State bears to the sum of the percentages of
18 total deck area of bridges classified as in poor condition
19 in all qualifying States: Provided further, That for the
20 bridge replacement and rehabilitation program:
21 (1) no qualifying State shall receive more than
22 $60,000,000;
23 (2) each State shall receive an amount not less
24 than $6,000,000; and
December 21, 2020 (12:59 p.m.)

1630
1 (3) after calculating the distribution of funds
2 pursuant to the preceding proviso, any amount in
3 excess of $60,000,000 shall be redistributed equally
4 among each State that does not meet the definition
5 of a qualifying State:
6 Provided further, That funds provided to States that do
7 not meet the definition of a qualifying State for the bridge
8 replacement and rehabilitation program shall be: (1)
9 merged with amounts made available to such State under
10 this heading, in paragraph (1) of the fourth proviso; (2)
11 available for activities eligible under paragraph (1) of the
12 fourth proviso; and (3) administered as if apportioned
13 under chapter 1 of title 23, United States Code: Provided
14 further, That, except as provided in the preceding proviso,
15 the funds made available under this heading for a bridge
16 replacement and rehabilitation program shall be used for
17 highway bridge replacement or rehabilitation projects on
18 public roads: Provided further, That for purposes of this
19 heading for the bridge replacement and rehabilitation pro-
20 gram, the Secretary shall calculate the percentages of total
21 deck area of bridges (including the percentages of total
22 deck area classified as in poor condition) and the percent-
23 ages of total bridge counts (including the percentages of
24 total bridges classified as in poor condition) based on the
25 National Bridge Inventory as of December 31, 2018: Pro-
December 21, 2020 (12:59 p.m.)

1631
1 vided further, That for the purposes of funds made avail-
2 able under this heading for construction of the Appa-
3 lachian Development Highway System, the term ‘‘Appa-
4 lachian State’’ means a State that contains 1 or more
5 counties (including any political subdivision located within
6 the area) in the Appalachian region as defined in section
7 14102(a) of title 40, United States Code: Provided further,
8 That funds made available under this heading for con-
9 struction of the Appalachian Development Highway Sys-
10 tem shall remain available until expended: Provided fur-
11 ther, That a project carried out with funds made available
12 under this heading for construction of the Appalachian
13 Development Highway System shall be carried out in the
14 same manner as a project under section 14501 of title 40,
15 United States Code: Provided further, That subject to the
16 following proviso, funds made available under this heading
17 for construction of the Appalachian Development Highway
18 System shall be apportioned to Appalachian States accord-
19 ing to the percentages derived from the 2012 Appalachian
20 Development Highway System Cost-to-Complete Esti-
21 mate, adopted in Appalachian Regional Commission Reso-
22 lution Number 736, and confirmed as each Appalachian
23 State’s relative share of the estimated remaining need to
24 complete the Appalachian Development Highway System,
25 adjusted to exclude those corridors that such States have
December 21, 2020 (12:59 p.m.)

1632
1 no current plans to complete, as reported in the 2013 Ap-
2 palachian Development Highway System Completion Re-
3 port, unless those States have modified and assigned a
4 higher priority for completion of an Appalachian Develop-
5 ment Highway System corridor, as reported in the 2020
6 Appalachian Development Highway System Future Out-
7 look: Provided further, That the Secretary shall adjust ap-
8 portionments made under the preceding proviso so that
9 no Appalachian State shall be apportioned an amount in
10 excess of 30 percent of the amount made available for con-
11 struction of the Appalachian Development Highway Sys-
12 tem under this heading: Provided further, That the Sec-
13 retary shall consult with the Appalachian Regional Com-
14 mission in making adjustments under the preceding two
15 provisos: Provided further, That the Federal share of the
16 costs for which an expenditure is made for construction
17 of the Appalachian Development Highway System under
18 this heading shall be up to 100 percent: Provided further,
19 That the funds made available under this heading, in
20 paragraph (8) of the fourth proviso, shall be available for
21 projects eligible under section 130(a) of title 23, United
22 States Code, for commuter authorities, as defined in sec-
23 tion 24102(2) of title 49, United States Code, that experi-
24 enced at least one accident investigated by the National
25 Transportation Safety Board between January 1, 2008
December 21, 2020 (12:59 p.m.)

1633
1 and December 31, 2018, and for which the National
2 Transportation Safety Board issued an accident report:
3 Provided further, That for amounts made available under
4 this heading, in paragraphs (8), (9), and (10) of the
5 fourth proviso, the Federal share of the costs shall be, at
6 the option of the recipient, up to 100 percent.
7 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY
8 ADMINISTRATION
9 SEC. 120. (a) For fiscal year 2021, the Secretary of

10 Transportation shall—
11 (1) not distribute from the obligation limitation
12 for Federal-aid highways—
13 (A) amounts authorized for administrative
14 expenses and programs by section 104(a) of
15 title 23, United States Code; and
16 (B) amounts authorized for the Bureau of
17 Transportation Statistics;
18 (2) not distribute an amount from the obliga-
19 tion limitation for Federal-aid highways that is equal
20 to the unobligated balance of amounts—
21 (A) made available from the Highway
22 Trust Fund (other than the Mass Transit Ac-
23 count) for Federal-aid highway and highway
24 safety construction programs for previous fiscal
25 years the funds for which are allocated by the
December 21, 2020 (12:59 p.m.)

1634
1 Secretary (or apportioned by the Secretary
2 under sections 202 or 204 of title 23, United
3 States Code); and
4 (B) for which obligation limitation was
5 provided in a previous fiscal year;
6 (3) determine the proportion that—
7 (A) the obligation limitation for Federal-
8 aid highways, less the aggregate of amounts not
9 distributed under paragraphs (1) and (2) of
10 this subsection; bears to
11 (B) the total of the sums authorized to be
12 appropriated for the Federal-aid highway and
13 highway safety construction programs (other
14 than sums authorized to be appropriated for
15 provisions of law described in paragraphs (1)
16 through (11) of subsection (b) and sums au-
17 thorized to be appropriated for section 119 of
18 title 23, United States Code, equal to the
19 amount referred to in subsection (b)(12) for
20 such fiscal year), less the aggregate of the
21 amounts not distributed under paragraphs (1)
22 and (2) of this subsection;
23 (4) distribute the obligation limitation for Fed-
24 eral-aid highways, less the aggregate amounts not
25 distributed under paragraphs (1) and (2), for each
December 21, 2020 (12:59 p.m.)

1635
1 of the programs (other than programs to which
2 paragraph (1) applies) that are allocated by the Sec-
3 retary under the Fixing America’s Surface Trans-
4 portation Act and title 23, United States Code, or
5 apportioned by the Secretary under sections 202 or
6 204 of that title, by multiplying—
7 (A) the proportion determined under para-
8 graph (3); by
9 (B) the amounts authorized to be appro-
10 priated for each such program for such fiscal
11 year; and
12 (5) distribute the obligation limitation for Fed-
13 eral-aid highways, less the aggregate amounts not
14 distributed under paragraphs (1) and (2) and the
15 amounts distributed under paragraph (4), for Fed-
16 eral-aid highway and highway safety construction
17 programs that are apportioned by the Secretary
18 under title 23, United States Code (other than the
19 amounts apportioned for the National Highway Per-
20 formance Program in section 119 of title 23, United
21 States Code, that are exempt from the limitation
22 under subsection (b)(12) and the amounts appor-
23 tioned under sections 202 and 204 of that title) in
24 the proportion that—
December 21, 2020 (12:59 p.m.)

1636
1 (A) amounts authorized to be appropriated
2 for the programs that are apportioned under
3 title 23, United States Code, to each State for
4 such fiscal year; bears to
5 (B) the total of the amounts authorized to
6 be appropriated for the programs that are ap-
7 portioned under title 23, United States Code, to
8 all States for such fiscal year.
9 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.—
10 The obligation limitation for Federal-aid highways shall
11 not apply to obligations under or for—
12 (1) section 125 of title 23, United States Code;
13 (2) section 147 of the Surface Transportation
14 Assistance Act of 1978 (23 U.S.C. 144 note; 92
15 Stat. 2714);
16 (3) section 9 of the Federal-Aid Highway Act
17 of 1981 (95 Stat. 1701);
18 (4) subsections (b) and (j) of section 131 of the
19 Surface Transportation Assistance Act of 1982 (96
20 Stat. 2119);
21 (5) subsections (b) and (c) of section 149 of the
22 Surface Transportation and Uniform Relocation As-
23 sistance Act of 1987 (101 Stat. 198);
December 21, 2020 (12:59 p.m.)

1637
1 (6) sections 1103 through 1108 of the Inter-
2 modal Surface Transportation Efficiency Act of
3 1991 (105 Stat. 2027);
4 (7) section 157 of title 23, United States Code
5 (as in effect on June 8, 1998);
7 (as in effect for fiscal years 1998 through 2004, but
8 only in an amount equal to $639,000,000 for each
9 of those fiscal years);
10 (9) Federal-aid highway programs for which ob-
11 ligation authority was made available under the
12 Transportation Equity Act for the 21st Century
13 (112 Stat. 107) or subsequent Acts for multiple
14 years or to remain available until expended, but only
15 to the extent that the obligation authority has not
16 lapsed or been used;
18 (as in effect for fiscal years 2005 through 2012, but
19 only in an amount equal to $639,000,000 for each
20 of those fiscal years);
21 (11) section 1603 of SAFETEA–LU (23
22 U.S.C. 118 note; 119 Stat. 1248), to the extent that
23 funds obligated in accordance with that section were
24 not subject to a limitation on obligations at the time
December 21, 2020 (12:59 p.m.)

1638
1 at which the funds were initially made available for
2 obligation; and
4 (but, for each of fiscal years 2013 through 2021,
5 only in an amount equal to $639,000,000).
6 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
7 THORITY.—Notwithstanding subsection (a), the Secretary
8 shall, after August 1 of such fiscal year—
9 (1) revise a distribution of the obligation limita-
10 tion made available under subsection (a) if an
11 amount distributed cannot be obligated during that
12 fiscal year; and
13 (2) redistribute sufficient amounts to those
14 States able to obligate amounts in addition to those
15 previously distributed during that fiscal year, giving
16 priority to those States having large unobligated bal-
17 ances of funds apportioned under sections 144 (as in
18 effect on the day before the date of enactment of
19 Public Law 112–141) and 104 of title 23, United
20 States Code.
21 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO
22 TRANSPORTATION RESEARCH PROGRAMS.—

23 (1) IN GENERAL.—Except as provided in para-
24 graph (2), the obligation limitation for Federal-aid
December 21, 2020 (12:59 p.m.)

1639
1 highways shall apply to contract authority for trans-
2 portation research programs carried out under—
3 (A) chapter 5 of title 23, United States
4 Code; and
5 (B) title VI of the Fixing America’s Sur-
6 face Transportation Act.
7 (2) EXCEPTION.—Obligation authority made
8 available under paragraph (1) shall—
9 (A) remain available for a period of 4 fis-
10 cal years; and
11 (B) be in addition to the amount of any
12 limitation imposed on obligations for Federal-
13 aid highway and highway safety construction
14 programs for future fiscal years.
15 (e) REDISTRIBUTION OF CERTAIN AUTHOR-
16 IZED FUNDS.—

18 the date of distribution of obligation limitation
19 under subsection (a), the Secretary shall distribute
20 to the States any funds (excluding funds authorized
21 for the program under section 202 of title 23,
22 United States Code) that—
23 (A) are authorized to be appropriated for
24 such fiscal year for Federal-aid highway pro-
25 grams; and
December 21, 2020 (12:59 p.m.)

1640
1 (B) the Secretary determines will not be
2 allocated to the States (or will not be appor-
3 tioned to the States under section 204 of title
4 23, United States Code), and will not be avail-
5 able for obligation, for such fiscal year because
6 of the imposition of any obligation limitation for
7 such fiscal year.
8 (2) RATIO.—Funds shall be distributed under
9 paragraph (1) in the same proportion as the dis-
10 tribution of obligation authority under subsection
11 (a)(5).
12 (3) AVAILABILITY.—Funds distributed to each
13 State under paragraph (1) shall be available for any
14 purpose described in section 133(b) of title 23,
16 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
17 ceived by the Bureau of Transportation Statistics from the
18 sale of data products, for necessary expenses incurred pur-
19 suant to chapter 63 of title 49, United States Code, may
20 be credited to the Federal-aid highways account for the
21 purpose of reimbursing the Bureau for such expenses:
22 Provided, That such funds shall be subject to the obliga-
23 tion limitation for Federal-aid highway and highway safety
24 construction programs.
December 21, 2020 (12:59 p.m.)

1641
1 SEC. 122. Not less than 15 days prior to waiving,
2 under his or her statutory authority, any Buy America re-
3 quirement for Federal-aid highways projects, the Sec-
4 retary of Transportation shall make an informal public no-
5 tice and comment opportunity on the intent to issue such
6 waiver and the reasons therefor: Provided, That the Sec-
7 retary shall provide an annual report to the House and
8 Senate Committees on Appropriations on any waivers
9 granted under the Buy America requirements.
11 Act may be used to make a grant for a project under sec-
12 tion 117 of title 23, United States Code, unless the Sec-
13 retary, at least 60 days before making a grant under that
14 section, provides written notification to the House and
15 Senate Committees on Appropriations of the proposed
16 grant, including an evaluation and justification for the
17 project and the amount of the proposed grant award: Pro-
18 vided, That the written notification required in the pre-
19 ceding proviso shall be made not later than 180 days after
21 SEC. 124. (a) A State or territory, as defined in sec-
22 tion 165 of title 23, United States Code, may use for any
23 project eligible under section 133(b) of title 23 or section
24 165 of title 23 and located within the boundary of the
25 State or territory any earmarked amount, and any associ-
December 21, 2020 (12:59 p.m.)

1642
1 ated obligation limitation: Provided, That the Department
2 of Transportation for the State or territory for which the
3 earmarked amount was originally designated or directed
4 notifies the Secretary of its intent to use its authority
5 under this section and submits an annual report to the
6 Secretary identifying the projects to which the funding
7 would be applied. Notwithstanding the original period of
8 availability of funds to be obligated under this section,
9 such funds and associated obligation limitation shall re-
10 main available for obligation for a period of 3 fiscal years
11 after the fiscal year in which the Secretary is notified. The
12 Federal share of the cost of a project carried out with
13 funds made available under this section shall be the same
14 as associated with the earmark.
15 (b) In this section, the term ‘‘earmarked amount’’
16 means—
17 (1) congressionally directed spending, as de-
18 fined in rule XLIV of the Standing Rules of the
19 Senate, identified in a prior law, report, or joint ex-
20 planatory statement, and administered by the Fed-
21 eral Highway Administration; or
22 (2) a congressional earmark, as defined in rule
23 XXI of the Rules of the House of Representatives,
24 identified in a prior law, report, or joint explanatory
December 21, 2020 (12:59 p.m.)

1643
1 statement, and administered by the Federal High-
2 way Administration.
3 (c) The authority under subsection (a) may be exer-
4 cised only for those projects or activities that have obli-
5 gated less than 10 percent of the amount made available
6 for obligation as of October 1 of the current fiscal year,
7 and shall be applied to projects within the same general
8 geographic area within 25 miles for which the funding was
9 designated, except that a State or territory may apply
10 such authority to unexpended balances of funds from
11 projects or activities the State or territory certifies have
12 been closed and for which payments have been made under
13 a final voucher.
14 (d) The Secretary shall submit consolidated reports
15 of the information provided by the States and territories
16 annually to the House and Senate Committees on Appro-
17 priations.
18 SEC. 125. Until final guidance is published, the Ad-
19 ministrator of the Federal Highway Administration shall
20 adjudicate requests for Buy America waivers under the
21 criteria that were in effect prior to April 17, 2018.
December 21, 2020 (12:59 p.m.)

1644
1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
7 For payment of obligations incurred in the implemen-

8 tation, execution and administration of motor carrier safe-
9 ty operations and programs pursuant to section 31110 of
10 title 49, United States Code, as amended by the Fixing
11 America’s Surface Transportation Act (Public Law 114–
12 94), $328,143,124, to be derived from the Highway Trust
13 Fund (other than the Mass Transit Account), of which
14 $9,896,127 is to be transferred and made available from
15 prior year unobligated contract authority provided for Na-
16 tional Motor Carrier Safety Program or Motor Carrier
17 Safety in the Transportation Equity Act for the 21st Cen-
18 tury (Public Law 105–178), SAFETEA–LU (Public Law
19 109–59), or other appropriations or authorization Acts,
20 together with advances and reimbursements received by
21 the Federal Motor Carrier Safety Administration, the sum
22 of which shall remain available until expended: Provided,
23 That funds available for implementation, execution, or ad-
24 ministration of motor carrier safety operations and pro-
25 grams authorized under title 49, United States Code, shall
December 21, 2020 (12:59 p.m.)

1645
1 not exceed total obligations of $328,143,124, for ‘‘Motor
2 Carrier Safety Operations and Programs’’ for fiscal year
3 2021, of which $9,073,000, to remain available for obliga-
4 tion until September 30, 2023, is for the research and
5 technology program, and of which not less than
6 $75,447,124, to remain available for obligation until Sep-
7 tember 30, 2023, is for development, modernization, en-
8 hancement, continued operation, and maintenance of in-
9 formation technology and information management.
10 MOTOR CARRIER SAFETY GRANTS
15 For payment of obligations incurred in carrying out

16 sections 31102, 31103, 31104, and 31313 of title 49,
17 United States Code, as amended by the Fixing America’s
18 Surface Transportation Act (Public Law 114–94),
19 $389,800,000, to be derived from the Highway Trust
20 Fund (other than the Mass Transit Account) and to re-
21 main available until expended: Provided, That funds avail-
22 able for the implementation or execution of motor carrier
23 safety programs shall not exceed total obligations of
24 $389,800,000 in fiscal year 2021 for ‘‘Motor Carrier Safe-
December 21, 2020 (12:59 p.m.)

1646
1 ty Grants’’: Provided further, That of the sums appro-
2 priated under this heading:
3 (1) $308,700,000 shall be available for the
4 motor carrier safety assistance program;
5 (2) $33,200,000 shall be available for the com-
6 mercial driver’s license program implementation pro-
7 gram;
8 (3) $45,900,000 shall be available for the high
9 priority activities program, of which $1,000,000 is to
10 be made available from prior year unobligated con-
11 tract authority provided for Motor Carrier Safety
12 Grants in the Transportation Equity Act for the
13 21st Century (Public Law 105–178), SAFETEA–
14 LU (Public Law 109–59), or other appropriations or
15 authorization Acts; and
16 (4) $2,000,000 shall be made available for com-
17 mercial motor vehicle operators grants, of which
18 $1,000,000 is to be made available from prior year
19 unobligated contract authority provided for Motor
20 Carrier Safety Grants in the Transportation Equity
21 Act for the 21st Century (Public Law 105–178),
22 SAFETEA–LU (Public Law 109–59), or other ap-
23 propriations or authorization Acts:
24 Provided further, That of the unobligated amounts pro-
25 vided for Motor Carrier Safety Grants in the Transpor-
December 21, 2020 (12:59 p.m.)

1647
1 tation Equity Act for the 21st Century (Public Law 105–
2 178), SAFETEA–LU (Public Law 109–59), the FAST
3 Act (Public Law 114–94) or other appropriation or au-
4 thorization acts prior to fiscal year 2021, $30,000,000 in
5 additional obligation limitation, shall be transferred and
6 made available for a study of the cause of large truck
7 crashes and shall remain available until expended: Pro-
8 vided further, That the activities funded by the previous
9 proviso may be accomplished through direct expenditure,
10 direct research activities, grants, cooperative agreements,
11 contracts, intra or interagency agreements, or other agree-
12 ments with public organizations: Provided further, That
13 such amounts, payments, and obligation limitation as may
14 be necessary to carry out the study of the cause of large
15 truck crashes may be transferred and credited to appro-
16 priate accounts of other participating Federal agencies:
17 Provided further, That $30,000,000 for payment of obliga-
18 tions incurred in carrying out this section shall be derived
19 from the Highway Trust Fund (other than the Mass Tran-
20 sit Account), to be available until expended.
21 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR
22 CARRIER SAFETY ADMINISTRATION
23 SEC. 130. The Federal Motor Carrier Safety Admin-

24 istration shall send notice of section 385.308 of title 49,
25 Code of Federal Regulations, violations by certified mail,
December 21, 2020 (12:59 p.m.)

1648
1 registered mail, or another manner of delivery, which
2 records the receipt of the notice by the persons responsible
3 for the violations.
4 SEC. 131. The Federal Motor Carrier Safety Admin-
5 istration shall update annual inspection regulations under
6 Appendix G to subchapter B of chapter III of title 49,
7 Code of Federal Regulations, as recommended by GAO–
8 19–264.
10 wise made available to the Department of Transportation
11 by this Act or any other Act may be obligated or expended
12 to implement, administer, or enforce the requirements of
13 section 31137 of title 49, United States Code, or any regu-
14 lation issued by the Secretary pursuant to such section,
15 with respect to the use of electronic logging devices by op-
16 erators of commercial motor vehicles, as defined in section
17 31132(1) of such title, transporting livestock as defined
18 in section 602 of the Emergency Livestock Feed Assist-
19 ance Act of 1988 (7 U.S.C. 1471) or insects.
20 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
21 OPERATIONS AND RESEARCH
22 For expenses necessary to discharge the functions of

23 the Secretary, with respect to traffic and highway safety
24 authorized under chapter 301 and part C of subtitle VI
25 of title 49, United States Code, $194,167,000, of which
December 21, 2020 (12:59 p.m.)

1649
2 30, 2022.
3 OPERATIONS AND RESEARCH

8 the provisions of 23 U.S.C. 403, including behavioral re-
9 search on Automated Driving Systems and Advanced
10 Driver Assistance Systems and improving consumer re-
11 sponses to safety recalls, section 4011 of the Fixing Amer-
12 ica’s Surface Transportation Act (Public Law 114–94),
13 and chapter 303 of title 49, United States Code,
14 $155,300,000, to be derived from the Highway Trust
15 Fund (other than the Mass Transit Account) and to re-
16 main available until expended: Provided, That none of the
17 funds in this Act shall be available for the planning or
18 execution of programs the total obligations for which, in
19 fiscal year 2021, are in excess of $155,300,000: Provided
20 further, That of the sums appropriated under this head-
21 ing—
22 (1) $149,800,000 shall be for programs author-
23 ized under 23 U.S.C. 403, including behavioral re-
24 search on Automated Driving Systems and Ad-
25 vanced Driver Assistance Systems and improving
December 21, 2020 (12:59 p.m.)

1650
1 consumer responses to safety recalls, and section
2 4011 of the Fixing America’s Surface Transpor-
3 tation Act (Public Law 114–94); and
4 (2) $5,500,000 shall be for the National Driver
5 Register authorized under chapter 303 of title 49,
6 United States Code:
7 Provided further, That within the $155,300,000 obligation
8 limitation for operations and research, $20,000,000 shall
9 remain available until September 30, 2022, and
10 $3,000,000, for impaired driving detection, shall remain
11 available until expended, and shall be in addition to the
12 amount of any limitation imposed on obligations for future
13 years: Provided further, That amounts for behavioral re-
14 search on Automated Driving Systems and Advanced
15 Driver Assistance Systems and improving consumer re-
16 sponses to safety recalls are in addition to any other funds
17 provided for those purposes for fiscal year 2021 in this
18 Act.
19 HIGHWAY TRAFFIC SAFETY GRANTS

24 provisions of 23 U.S.C. 402, 404, and 405, and section
25 4001(a)(6) of the Fixing America’s Surface Transpor-
December 21, 2020 (12:59 p.m.)

1651
1 tation Act (Public Law 114–94), to remain available until
2 expended, $623,017,000, to be derived from the Highway
3 Trust Fund (other than the Mass Transit Account): Pro-
4 vided, That none of the funds in this Act shall be available
5 for the planning or execution of programs for which the
6 total obligations in fiscal year 2021 are in excess of
7 $623,017,000 for programs authorized under 23 U.S.C.
8 402, 404, and 405, and section 4001(a)(6) of the Fixing
9 America’s Surface Transportation Act: Provided further,
10 That of the sums appropriated under this heading—
11 (1) $279,800,000 shall be for ‘‘Highway Safety
12 Programs’’ under 23 U.S.C. 402;
13 (2) $285,900,000 shall be for ‘‘National Pri-
14 ority Safety Programs’’ under 23 U.S.C. 405;
15 (3) $30,500,000 shall be for the ‘‘High Visi-
16 bility Enforcement Program’’ under 23 U.S.C. 404;
17 and
18 (4) $26,817,000 shall be for ‘‘Administrative
19 Expenses’’ under section 4001(a)(6) of the Fixing
20 America’s Surface Transportation Act:
21 Provided further, That none of these funds shall be used
22 for construction, rehabilitation, or remodeling costs, or for
23 office furnishings and fixtures for State, local or private
24 buildings or structures: Provided further, That not to ex-
25 ceed $500,000 of the funds made available for ‘‘National
December 21, 2020 (12:59 p.m.)

1652
1 Priority Safety Programs’’ under 23 U.S.C. 405 for ‘‘Im-
2 paired Driving Countermeasures’’ (as described in sub-
3 section (d) of that section) shall be available for technical
4 assistance to the States: Provided further, That with re-
5 spect to the ‘‘Transfers’’ provision under 23 U.S.C.
6 405(a)(8), any amounts transferred to increase the
7 amounts made available under section 402 shall include
8 the obligation authority for such amounts: Provided fur-
9 ther, That the Administrator shall notify the House and
10 Senate Committees on Appropriations of any exercise of
11 the authority granted under the previous proviso or under
12 23 U.S.C. 405(a)(8) within 5 days.
13 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY
14 TRAFFIC SAFETY ADMINISTRATION
15 SEC. 140. An additional $130,000 shall be made

16 available to the National Highway Traffic Safety Adminis-
17 tration, out of the amount limited for section 402 of title
18 23, United States Code, to pay for travel and related ex-
19 penses for State management reviews and to pay for core
20 competency development training and related expenses for
21 highway safety staff.
22 SEC. 141. The limitations on obligations for the pro-
23 grams of the National Highway Traffic Safety Adminis-
24 tration set in this Act shall not apply to obligations for
25 which obligation authority was made available in previous
December 21, 2020 (12:59 p.m.)

1653
1 public laws but only to the extent that the obligation au-
2 thority has not lapsed or been used.
3 SEC. 142. In addition to the amounts made available
4 under the heading, ‘‘Operations and Research (Liquida-
5 tion of Contract Authorization) (Limitation on Obliga-
6 tions) (Highway Trust Fund)’’ for carrying out the provi-
7 sions of section 403 of title 23, United States Code,
9 2022, shall be made available to the National Highway
10 Traffic Safety Administration from the general fund: Pro-
11 vided, That of the sums provided under this provision—
12 (1) not to exceed $7,000,000 shall be available
13 to provide funding for grants, pilot program activi-
14 ties, and innovative solutions to reduce impaired-
15 driving fatalities in collaboration with eligible enti-
16 ties under section 403 of title 23, United States
17 Code; and
18 (2) not to exceed $10,000,000 shall be available
19 to continue a high visibility enforcement paid-media
20 campaign regarding highway-rail grade crossing
21 safety in collaboration with the Federal Railroad Ad-
22 ministration.
23 SEC. 143. None of the funds in this Act or any other
24 Act shall be used to enforce the requirements of section
25 405(a)(9) of title 23, United States Code.
December 21, 2020 (12:59 p.m.)

1654
1 FEDERAL RAILROAD ADMINISTRATION
2 SAFETY AND OPERATIONS
3 For necessary expenses of the Federal Railroad Ad-

4 ministration, not otherwise provided for, $234,905,000, of
5 which $25,000,000 shall remain available until expended.
6 RAILROAD RESEARCH AND DEVELOPMENT
7 For necessary expenses for railroad research and de-

8 velopment, $41,000,000, to remain available until ex-
9 pended.
10 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD
11 REPAIR
12 For necessary expenses related to Federal-State

13 Partnership for State of Good Repair Grants as author-
14 ized by section 24911 of title 49, United States Code,
16 vided, That expenses incidental to the acquisition or con-
17 struction (including designing, engineering, location sur-
18 veying, mapping, environmental studies, and acquiring
19 rights-of-way) of a capital project as defined under section
20 24911(a)(2) of title 49, United States Code, are eligible
21 for funding independently or in conjunction with proposed
22 funding for construction: Provided further, That the Sec-
23 retary may withhold up to 1 percent of the amount pro-
24 vided under this heading for the costs of award and
December 21, 2020 (12:59 p.m.)

1655
1 project management oversight of grants carried out under
2 section 24911 of title 49, United States Code.
3 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
4 IMPROVEMENTS
6 For necessary expenses related to Consolidated Rail

7 Infrastructure and Safety Improvements Grants, as au-
10 vided, That of the amounts made available under this
11 heading—
12 (1) not less than $75,000,000 shall be for
13 projects eligible under section 22907(c)(2) of title
14 49, United States Code, that support the develop-
15 ment of new intercity passenger rail service routes
16 including alignments for existing routes: Provided,
17 That the Secretary shall give preference for pre-con-
18 struction elements including preliminary engineering
19 and final design of such projects; and
20 (2) not less than $25,000,000 shall be for cap-
21 ital projects and engineering solutions targeting tres-
22 passing: Provided, That the Secretary shall give
23 preference for such projects that are located in coun-
24 ties with the most pedestrian trespasser casualties as
25 identified in the Federal Railroad Administration’s
December 21, 2020 (12:59 p.m.)

1656
1 National Strategy to Prevent Trespassing on Rail-
2 road Property:
3 Provided further, That section 22905(f) of title 49, United
4 States Code, shall not apply to projects for the implemen-
5 tation of positive train control systems otherwise eligible
6 under section 22907(c)(1) of title 49, United States Code:
7 Provided further, That amounts made available under this
8 heading for projects selected for commuter rail passenger
9 transportation may be transferred by the Secretary, after
10 selection, to the appropriate agencies to be administered
11 in accordance with chapter 53 of title 49, United States
12 Code: Provided further, That the Secretary shall not limit
13 eligible projects from consideration for funding for plan-
14 ning, engineering, environmental, construction, and design
15 elements of the same project in the same application: Pro-
16 vided further, That for amounts available under this head-
17 ing eligible recipients under section 22907(b) of title 49,
18 United States Code, shall include any holding company of
19 a Class II railroad or Class III railroad (as those terms
20 are defined in section 20102 of title 49, United States
21 Code): Provided further, That unobligated balances re-
22 maining after 6 years from the date of enactment of this
23 Act may be used for any eligible project under section
24 22907(c) of title 49, United States Code: Provided further,
25 That the Secretary may withhold up to 1 percent of the
December 21, 2020 (12:59 p.m.)

1657
1 amount provided under this heading for the costs of award
2 and project management oversight of grants carried out
3 under section 22907 of title 49, United States Code.
4 MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT
5 PROGRAM
6 For necessary expenses related to the deployment of

7 magnetic levitation transportation projects, consistent
8 with language in subsections (a) through (c) of section
9 1307 of SAFETEA–LU (Public Law 109–59), as amend-
10 ed by section 102 of the SAFETEA–LU Technical Correc-
11 tions Act of 2008 (Public Law 110–244) (23 U.S.C. 322
12 note), $2,000,000, to remain available until expended.
13 RESTORATION AND ENHANCEMENT
14 For necessary expenses related to Restoration and

15 Enhancement Grants, as authorized by section 24408 of
16 title 49, United States Code, $4,720,000, to remain avail-
17 able until expended: Provided, That the Secretary may
18 withhold up to 1 percent of the funds provided under this
19 heading to fund the costs of award and project manage-
20 ment and oversight.
21 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL
22 RAILROAD PASSENGER CORPORATION
23 To enable the Secretary of Transportation to make

24 grants to the National Railroad Passenger Corporation for
25 activities associated with the Northeast Corridor as au-
December 21, 2020 (12:59 p.m.)

1658
1 thorized by section 11101(a) of the Fixing America’s Sur-
2 face Transportation Act (division A of Public Law 114–
3 94), $700,000,000, to remain available until expended:
4 Provided, That the Secretary may retain up to one-half
5 of 1 percent of the funds provided under both this heading
6 and the ‘‘National Network Grants to the National Rail-
7 road Passenger Corporation’’ heading to fund the costs
8 of project management and oversight of activities author-
9 ized by section 11101(c) of division A of Public Law 114–
10 94: Provided further, That in addition to the project man-
11 agement oversight funds authorized under section
12 11101(c) of division A of Public Law 114–94, the Sec-
13 retary may retain up to an additional $5,000,000 of the
14 funds provided under this heading to fund expenses associ-
15 ated with the Northeast Corridor Commission established
16 under section 24905 of title 49, United States Code: Pro-
17 vided further, That of the amounts made available under
18 this heading and the ‘‘National Network Grants to the Na-
19 tional Railroad Passenger Corporation’’ heading, not less
20 than $75,000,000 shall be made available to bring Am-
21 trak-served facilities and stations into compliance with the
22 Americans with Disabilities Act: Provided further, That of
23 the amounts made available under this heading and the
24 ‘‘National Network Grants to the National Railroad Pas-
25 senger Corporation’’ heading, $100,000,000 shall be made
December 21, 2020 (12:59 p.m.)

1659
1 available to fund the replacement of the single-level pas-
2 senger cars used on the Northeast Corridor, State-sup-
3 ported routes, and long-distance routes, as such terms are
4 defined in section 24102 of title 49, United States Code.
5 NATIONAL NETWORK GRANTS TO THE NATIONAL
7 To enable the Secretary of Transportation to make

8 grants to the National Railroad Passenger Corporation for
9 activities associated with the National Network as author-
10 ized by section 11101(b) of the Fixing America’s Surface
11 Transportation Act (division A of Public Law 114–94),
13 vided, That the Secretary may retain up to an additional
14 $2,000,000 of the funds provided under this heading to
15 fund expenses associated with the State-Supported Route
16 Committee established under section 24712 of title 49,
17 United States Code: Provided further, That at least
18 $50,000,000 of the amount provided under this heading
19 shall be available for the development, installation and op-
20 eration of railroad safety technology, including the imple-
21 mentation of a positive train control system, on State-sup-
22 ported routes as defined under section 24102(13) of title
23 49, United States Code, on which positive train control
24 systems are not required by law or regulation: Provided
25 further, That none of the funds provided under this head-
December 21, 2020 (12:59 p.m.)

1660
1 ing shall be used by Amtrak to give notice under sub-
2 section (a) or (b) of section 24706 of title 49, United
3 States Code, with respect to long-distance routes (as de-
4 fined in section 24102 of title 49, United States Code)
5 on which Amtrak is the sole operator on a host railroad’s
6 line and a positive train control system is not required by
7 law or regulation, or, except in an emergency or during
8 maintenance or construction outages impacting such
9 routes, to otherwise discontinue, reduce the frequency of,
10 suspend, or substantially alter the route of rail service on
11 any portion of such route operated in fiscal year 2018,
12 including implementation of service permitted by section
13 24305(a)(3)(A) of title 49, United States Code, in lieu of
14 rail service.
15 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD
16 ADMINISTRATION

19 National Railroad Passenger Corporation may be used to
20 fund any overtime costs in excess of $35,000 for any indi-
21 vidual employee: Provided, That the President of Amtrak
22 may waive the cap set in the preceding proviso for specific
23 employees when the President of Amtrak determines such
24 a cap poses a risk to the safety and operational efficiency
25 of the system: Provided further, That the President of Am-
December 21, 2020 (12:59 p.m.)

1661
1 trak shall report to the House and Senate Committees on
2 Appropriations no later than 60 days after the date of en-
3 actment of this Act, a summary of all overtime payments
4 incurred by Amtrak for 2020 and the 3 prior calendar
5 years: Provided further, That such summary shall include
6 the total number of employees that received waivers and
7 the total overtime payments Amtrak paid to employees re-
8 ceiving waivers for each month for 2020 and for the 3
9 prior calendar years.
11 National Railroad Passenger Corporation under the head-
12 ings ‘‘Northeast Corridor Grants to the National Railroad
13 Passenger Corporation’’ and ‘‘National Network Grants to
14 the National Railroad Passenger Corporation’’ may be
15 used to reduce the total number of Amtrak Police Depart-
16 ment uniformed officers patrolling on board passenger
17 trains or at stations, facilities or rights-of-way below the
18 staffing level on May 1, 2019.
20 Act may be used by the National Railroad Passenger Cor-
21 poration in contravention of the Worker Adjustment and
22 Retraining Notification Act (29 U.S.C. 2101 et seq.).
23 SEC. 153. The matter under the heading ‘‘Depart-
24 ment of Transportation—Federal Railroad Administra-
December 21, 2020 (12:59 p.m.)

1662
1 tion—Consolidated Rail Infrastructure and Safety Im-
2 provements’’—
3 (1) in division G of the Consolidated Appropria-
4 tions Act, 2019 (Public Law 116–6) is amended by
5 striking ‘‘4 years’’ and inserting ‘‘6 years’’ in the
6 fourth proviso; and
7 (2) in division H of the Further Consolidated
8 Appropriations Act, 2020 (Public Law 116–94) is
9 amended by striking ‘‘4 years’’ and inserting ‘‘6
10 years’’ in the fourth proviso.
11 SEC. 154. Of the unobligated balances of funds re-
12 maining from—
13 (1) ‘‘Capital and Debt Service Grants to the
14 National Railroad Passenger Corporation’’ accounts
15 totaling $10,458,135.54 appropriated by the fol-
16 lowing public laws are hereby permanently rescinded:
17 (A) Public Law 112–10 a total of
18 $289,234.48;
19 (B) Public Law 112–55 a total of
20 $4,760,000.00;
21 (C) Public Law 113–76 a total of
22 $792,502.52;
23 (D) Public Law 113–235 a total of
24 $1,698,806.61; and
December 21, 2020 (12:59 p.m.)

1663
1 (E) Public Law 114–113 a total of
2 $2,917,591.93;
3 (2) ‘‘Railroad Safety Technology Program’’ ac-
4 count totaling $613,252.29 appropriated by Public
5 Law 111–117 is hereby permanently rescinded;
6 (3) ‘‘Capital Assistance to States—Intercity
7 Passenger Rail Service’’ account totaling
8 $10,164,885.13 appropriated by Public Law 111–8
9 is hereby permanently rescinded;
10 (4) ‘‘Rail Line Relocation and Improvement
11 Program’’ accounts totaling $12,650,365.14 appro-
12 priated by the following public laws are hereby per-
13 manently rescinded:
15 $923,214.63;
17 $5,558,233.95;
19 $3,763,767.95; and
21 $2,405,148.61; and
22 (5) ‘‘Next Generation High-Speed Rail’’ ac-
23 counts totaling $3,034,848.52 appropriated by the
24 following public laws are hereby permanently re-
25 scinded:
December 21, 2020 (12:59 p.m.)

1664
2 $610,807.00;
4 $5,963.71;
6 $1,218,742.47;
8 $17,097.00;
9 (E) Public Law 106–69 a total of
10 $1,005,969.00;
11 (F) Public Law 108–7 a total of
12 $43,951.57;
13 (G) Public Law 108–199 a total of
14 $24,263.48; and
15 (H) Public Law 108–447 a total of
16 $108,054.29.
17 SEC. 155. It is the sense of Congress that—
18 (1) long-distance passenger rail routes provide
19 much-needed transportation access for 4,700,000
20 riders in 325 communities in 40 States and are par-
21 ticularly important in rural areas; and
22 (2) long-distance passenger rail routes and
23 services should be sustained to ensure connectivity
24 throughout the National Network (as defined in sec-
25 tion 24102 of title 49, United States Code).
December 21, 2020 (12:59 p.m.)

1665
1 FEDERAL TRANSIT ADMINISTRATION
2 ADMINISTRATIVE EXPENSES
3 For necessary administrative expenses of the Federal

4 Transit Administration’s programs authorized by chapter
5 53 of title 49, United States Code, $121,052,000 which
6 shall remain available until September 30, 2022, and up
7 to $1,000,000 shall be available to carry out the provisions
8 of section 5326 of such title: Provided, That upon submis-
9 sion to the Congress of the fiscal year 2022 President’s
10 budget, the Secretary of Transportation shall transmit to
11 Congress the annual report on Capital Investment Grants,
12 including proposed allocations for fiscal year 2022.
13 TRANSIT FORMULA GRANTS
17 For payment of obligations incurred in the Federal

18 Public Transportation Assistance Program in this ac-
19 count, and for payment of obligations incurred in carrying
20 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311,
21 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
22 5340, as amended by the Fixing America’s Surface Trans-
23 portation Act, section 20005(b) of Public Law 112–141,
24 and section 3006(b) of the Fixing America’s Surface
25 Transportation Act, $10,800,000,000, to be derived from
December 21, 2020 (12:59 p.m.)

1666
1 the Mass Transit Account of the Highway Trust Fund
2 and to remain available until expended: Provided, That
3 funds available for the implementation or execution of pro-
4 grams authorized under 49 U.S.C. 5305, 5307, 5310,
5 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
6 and 5340, as amended by the Fixing America’s Surface
7 Transportation Act, section 20005(b) of Public Law 112–
8 141, and section 3006(b) of the Fixing America’s Surface
9 Transportation Act, shall not exceed total obligations of
10 $10,150,348,462 in fiscal year 2021: Provided further,
11 That the Federal share of the cost of activities carried
12 out under 49 U.S.C. section 5312 shall not exceed 80 per-
13 cent, except that if there is substantial public interest or
14 benefit, the Secretary may approve a greater Federal
15 share.
16 TRANSIT INFRASTRUCTURE GRANTS
17 For an additional amount for buses and bus facilities

18 grants under section 5339 of title 49, United States Code,
19 low or no emission grants under section 5339(c) of such
20 title, formula grants to rural areas under section 5311 of
21 such title, high density state apportionments under section
22 5340(d) of such title, state of good repair grants under
23 section 5337 of such title, ferry boats grants under section
24 5307(h) of such title, bus testing facilities under section
25 5318 of such title, grants to areas of persistent poverty,
December 21, 2020 (12:59 p.m.)

1667
1 innovative mobility solutions grants under section 5312 of
2 such title, and accelerating innovative mobility initiative
3 grants under section 5312 such title, $516,220,000, to re-
4 main available until expended: Provided, That of the sums
5 provided under this heading—
6 (1) $243,000,000 shall be available for the
7 buses and bus facilities grants as authorized under
8 section 5339 of such title, of which $118,000,000
9 shall be available for the buses and bus facilities for-
10 mula grants as authorized under section 5339(a) of
11 such title, and $125,000,000 shall be available for
12 buses and bus facilities competitive grants as au-
13 thorized under section 5339(b) of such title;
14 (2) $125,000,000 shall be available for the low
15 or no emission grants as authorized under section
16 5339(c) of such title: Provided, That the minimum
17 grant award shall be not less than $750,000;
18 (3) $40,000,000 shall be available for formula
19 grants for rural areas as authorized under section
20 5311 of such title;
21 (4) $40,000,000 shall be available for the high
22 density state apportionments as authorized under
23 section 5340(d) of such title;
December 21, 2020 (12:59 p.m.)

1668
1 (5) $40,000,000 shall be available for state of
2 good repair grants as authorized under section 5337
3 of such title;
4 (6) $8,000,000 shall be available for ferry boat
5 grants as authorized under section 5307(h) of such
6 title: Provided, That of the amounts provided under
7 this subparagraph, $4,000,000 shall only be avail-
8 able for low or zero-emission ferries or ferries using
9 electric battery or fuel cell components and the in-
10 frastructure to support such ferries;
11 (7) $2,000,000 shall be available for the oper-
12 ation and maintenance of the bus testing facilities
13 selected under section 5318 of such title;
14 (8) $16,220,000 shall be available for competi-
15 tive grants to eligible entities to assist areas of per-
16 sistent poverty: Provided, That the term ‘‘areas of
17 persistent poverty’’ means any county that has con-
18 sistently had greater than or equal to 20 percent of
19 the population living in poverty during the 30 year
20 period preceding the date of enactment of this Act,
21 as measured by the 1990 and 2000 decennial census
22 and the most recent Small Area Income and Poverty
23 Estimates as estimated by the Bureau of the Cen-
24 sus; any census tract with a poverty rate of at least
25 20 percent as measured by the 2014–2018 5-year
December 21, 2020 (12:59 p.m.)

1669
1 data series available from the American Community
2 Survey of the Bureau of the Census; or any territory
3 or possession of the United States: Provided further,
4 That grants shall be for planning, engineering, or
5 development of technical or financing plans for
6 projects eligible under chapter 53 of title 49, United
7 States Code: Provided further, That eligible entities
8 are those defined as eligible recipients or subrecipi-
9 ents under sections 5307, 5310 or 5311 of title 49,
10 United States Code, and are in areas of persistent
11 poverty: Provided further, That the Federal Transit
12 Administration should complete outreach to such
13 counties and the departments of transportation with-
14 in applicable States via personal contact, webinars,
15 web materials and other appropriate methods deter-
16 mined by the Administrator of the Federal Transit
17 Administration: Provided further, That State depart-
18 ments of transportation may apply on behalf of eligi-
19 ble entities within their States: Provided further,
20 That the Federal Transit Administration should en-
21 courage grantees to work with non-profits or other
22 entities of their choosing in order to develop plan-
23 ning, technical, engineering, or financing plans: Pro-
24 vided further, That the Federal Transit Administra-
25 tion shall encourage grantees to partner with non-
December 21, 2020 (12:59 p.m.)

1670
1 profits that can assist with making projects low or
2 no emissions;
3 (9) $1,000,000 shall be available for the dem-
4 onstration and deployment of innovative mobility so-
5 lutions as authorized under section 5312 of title 49,
6 United States Code: Provided, That such amounts
7 shall be available for competitive grants or coopera-
8 tive agreements for the development of software to
9 facilitate the provision of demand-response public
10 transportation service that dispatches public trans-
11 portation fleet vehicles through riders mobile devices
12 or other advanced means: Provided further, That the
13 Secretary shall evaluate the potential for software
14 developed with grants or cooperative agreements to
15 be shared for use by public transportation agencies;
16 and
17 (10) $1,000,000 shall be for the accelerating in-
18 novative mobility initiative as authorized under sec-
19 tion 5312 of title 49, United States Code: Provided,
20 That such amounts shall be available for competitive
21 grants to improve mobility and enhance the rider ex-
22 perience with a focus on innovative service delivery
23 models, creative financing, novel partnerships, and
24 integrated payment solutions in order to help dis-
December 21, 2020 (12:59 p.m.)

1671
1 seminate proven innovation mobility practices
2 throughout the public transportation industry:
3 Provided further, That projects funded under paragraph
4 (8) of this heading shall be for not less than 90 percent
5 of the net total project cost: Provided further, That
6 amounts made available by this heading shall be derived
7 from the general fund: Provided further, That the amounts
8 made available under this heading shall not be subject to
9 any limitation on obligations for transit programs set forth
10 in any Act.
11 TECHNICAL ASSISTANCE AND TRAINING

13 title 49, United States Code, $7,500,000, to remain avail-
14 able until September 30, 2022: Provided, That the assist-
15 ance provided under this heading does not duplicate the
16 activities of section 5311(b) or section 5312 of title 49,
18 CAPITAL INVESTMENT GRANTS
19 For necessary expenses to carry out fixed guideway

20 capital investment grants under section 5309 of title 49,
21 United States Code, and section 3005(b) of the Fixing
22 America’s Surface Transportation Act (Public Law 114–
23 94), $2,014,000,000, to remain available until September
24 30, 2024: Provided, That of the amounts made available
25 under this heading, $1,169,000,000 shall be available for
December 21, 2020 (12:59 p.m.)

1672
1 projects authorized under section 5309(d) of title 49,
2 United States Code, $525,000,000 shall be available for
3 projects authorized under section 5309(e) of title 49,
4 United States Code, $200,000,000 shall be available for
5 projects authorized under section 5309(h) of title 49,
6 United States Code, and $100,000,000 shall be available
7 for projects authorized under section 3005(b) of the Fix-
8 ing America’s Surface Transportation Act: Provided fur-
9 ther, That the Secretary shall continue to administer the
10 capital investment grants program in accordance with the
11 procedural and substantive requirements of section 5309
12 of title 49, United States Code, and of section 3005(b)
13 of the Fixing America’s Surface Transportation Act: Pro-
14 vided further, That projects that receive a grant agreement
15 under the Expedited Project Delivery for Capital Invest-
16 ment Grants Pilot Program under section 3005(b) of the
17 Fixing America’s Surface Transportation Act shall be
18 deemed eligible for funding provided for projects under
19 section 5309 of title 49, United States Code, without fur-
20 ther evaluation or rating under such section: Provided fur-
21 ther, That such funding shall not exceed the Federal share
22 under section 3005(b): Provided Further, That funds allo-
23 cated pursuant to 49 U.S.C. 5309 to any project during
24 fiscal years 2015 or 2017 shall remain allocated to that
25 project until December 31, 2021.
December 21, 2020 (12:59 p.m.)

1673
1 GRANTS TO THE WASHINGTON METROPOLITAN AREA
2 TRANSIT AUTHORITY
3 For grants to the Washington Metropolitan Area

4 Transit Authority as authorized under section 601 of divi-
5 sion B of the Passenger Rail Investment and Improvement
6 Act of 2008 (Public Law 110–432), $150,000,000, to re-
7 main available until expended: Provided, That the Sec-
8 retary of Transportation shall approve grants for capital
9 and preventive maintenance expenditures for the Wash-
10 ington Metropolitan Area Transit Authority only after re-
11 ceiving and reviewing a request for each specific project:
12 Provided further, That the Secretary shall determine that
13 the Washington Metropolitan Area Transit Authority has
14 placed the highest priority on those investments that will
15 improve the safety of the system before approving such
16 grants: Provided further, That the Secretary, in order to
17 ensure safety throughout the rail system, may waive the
18 requirements of section 601(e)(1) of division B of the Pas-
19 senger Rail Investment and Improvement Act of 2008
20 (Public Law 110–432).
21 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT
22 ADMINISTRATION
24 SEC. 160. The limitations on obligations for the pro-

25 grams of the Federal Transit Administration shall not
December 21, 2020 (12:59 p.m.)

1674
1 apply to any authority under 49 U.S.C. 5338, previously
2 made available for obligation, or to any other authority
3 previously made available for obligation.
5 law, funds appropriated or limited by this Act under the
6 heading ‘‘Capital Investment Grants’’ of the Federal
7 Transit Administration for projects specified in this Act
8 or identified in the explanatory statement described in sec-
9 tion 4 (in the matter preceding division A of this consoli-
10 dated Act) not obligated by September 30, 2024, and
11 other recoveries, shall be directed to projects eligible to
12 use the funds for the purposes for which they were origi-
13 nally provided.
15 law, any funds appropriated before October 1, 2020, under
16 any section of chapter 53 of title 49, United States Code,
17 that remain available for expenditure, may be transferred
18 to and administered under the most recent appropriation
19 heading for any such section.
21 Act or any other Act shall be used to adjust apportion-
22 ments or withhold funds from apportionments pursuant
23 to section 9503(e)(4) of the Internal Revenue Code of
24 1986 (26 U.S.C. 9503(e)(4)).
December 21, 2020 (12:59 p.m.)

1675
1 SEC. 164. An eligible recipient of a grant under sec-
2 tion 5339(c) may submit an application in partnership
3 with other entities, including a transit vehicle manufac-
4 turer, that intend to participate in the implementation of
5 a project under section 5339(c) of title 49, United States
6 Code, and a project awarded with such partnership shall
7 be treated as satisfying the requirement for a competitive
8 procurement under section 5325(a) of title 49, United
9 States Code, for the named entity.
11 Act or any other Act shall be used to impede or hinder
12 project advancement or approval for any project seeking
13 a Federal contribution from the capital investment grant
14 program of greater than 40 percent of project costs as
15 authorized under section 5309 of title 49, United States
16 Code.
18 Act may be used by the Department of Transportation
19 to implement any policy that requires a capital investment
20 grant project to receive a medium or higher project rating
21 before taking actions to finalize an environmental impact
22 statement.
23 SEC. 167. Of the unobligated amounts made available
24 for prior fiscal years to Formula Grants in Treasury Ac-
25 count 69–X–1129, a total of $1,606,849 are hereby per-
December 21, 2020 (12:59 p.m.)

1676
1 manently rescinded: Provided, That no amounts may be
2 rescinded from amounts that were designated by the Con-
3 gress as an emergency or disaster relief requirement pur-
4 suant to a concurrent resolution on the budget or the Bal-
7 for the Job Access and Reverse Commute program, as au-
8 thorized by Public Law 105–178, as amended, a total of
9 $320,230 are hereby permanently rescinded.
11 for Research, Training, and Human Resources, as author-
12 ized by Public Law 95–599, as amended, a total of
13 $31,634 are hereby permanently rescinded.
14 SEC. 169A. Any unexpended balances from amounts
15 previously appropriated for low or no emission vehicle
16 component assessment under 49 U.S.C. 5312(h) under the
17 headings ‘‘Transit Formula Grants’’ and ‘‘Transit Infra-
18 structure Grants’’ in fiscal years 2016 through 2020 may
19 be used by the facilities selected for such vehicle compo-
20 nent assessment for capital projects in order to build new
21 infrastructure and enhance existing facilities in order to
22 expand bus and component testing capability, in accord-
23 ance with the industry stakeholder testing objectives and
24 capabilities as outlined through the work of the Federal
25 Transit Administration Transit Vehicle Innovation and
December 21, 2020 (12:59 p.m.)

1677
1 Deployment Centers program and included in the Center
2 for Transportation and the Environment report submitted
3 to the Federal Transit Administration for review.
4 SAINT LAWRENCE SEAWAY DEVELOPMENT
5 CORPORATION
6 The Saint Lawrence Seaway Development Corpora-
7 tion is hereby authorized to make such expenditures, with-
8 in the limits of funds and borrowing authority available
9 to the Corporation, and in accord with law, and to make
10 such contracts and commitments without regard to fiscal
11 year limitations, as provided by section 9104 of title 31,
12 United States Code, as may be necessary in carrying out
13 the programs set forth in the Corporation’s budget for the
14 current fiscal year.
15 OPERATIONS AND MAINTENANCE
16 (HARBOR MAINTENANCE TRUST FUND)
17 For necessary expenses to conduct the operations,

18 maintenance, and capital infrastructure activities on por-
19 tions of the Saint Lawrence Seaway owned, operated, and
20 maintained by the Saint Lawrence Seaway Development
21 Corporation, $38,000,000, to be derived from the Harbor
22 Maintenance Trust Fund, pursuant to section 210 of the
23 Water Resources Development Act of 1986 (33 U.S.C.
24 2238): Provided, That of the amounts made available
December 21, 2020 (12:59 p.m.)

1678
1 under this heading, not less than $14,500,000 shall be for
2 the seaway infrastructure program.
3 MARITIME ADMINISTRATION
4 MARITIME SECURITY PROGRAM
5 For necessary expenses to maintain and preserve a

6 U.S.-flag merchant fleet to serve the national security
7 needs of the United States, $314,007,780, to remain avail-
8 able until expended, of which $7,780 shall be derived from
9 unobligated balances from prior year appropriations avail-
10 able under this heading.
11 CABLE SECURITY FLEET
12 For the Cable Security Fleet program, as authorized

13 by chapter 532 of title 46, United States Code,
15 OPERATIONS AND TRAINING
17 For necessary expenses of operations and training ac-

18 tivities authorized by law, $155,616,000: Provided, That
19 of the amounts made available under this heading—
20 (1) $80,000,000, to remain available until Sep-
21 tember 30, 2022, shall be for the operations of the
22 United States Merchant Marine Academy;
23 (2) $5,944,000, to remain available until ex-
24 pended, shall be for facilities maintenance and re-
December 21, 2020 (12:59 p.m.)

1679
1 pair, and equipment, at the United States Merchant
2 Marine Academy;
4 tember 30, 2022, shall be for the Maritime Environ-
5 mental and Technical Assistance program authorized
6 under section 50307 of title 46, United States Code;
7 and
9 pended, shall be for the Short Sea Transportation
10 Program (America’s Marine Highways) to make
11 grants for the purposes authorized under paragraphs
12 (1) and (3) of section 55601(b) of title 46, United
13 States Code:
14 Provided further, That the Administrator of the Maritime
15 Administration shall transmit to the House and Senate
16 Committees on Appropriations the annual report on sexual
17 assault and sexual harassment at the United States Mer-
18 chant Marine Academy as required pursuant to section
19 3510 of the National Defense Authorization Act for Fiscal
20 Year 2017 (46 U.S.C. 51318): Provided further, That
21 available balances under this heading for the Short Sea
22 Transportation Program (America’s Marine Highways)
23 from prior year recoveries shall be available to carry out
24 activities authorized under paragraphs (1) and (3) of sec-
25 tion 55601(b) of title 46, United States Code: Provided
December 21, 2020 (12:59 p.m.)

1680
1 further, That any unobligated balances and obligated bal-
2 ances not yet expended from previous appropriations
3 under this heading for programs and activities supporting
4 State Maritime Academies shall be transferred to and
5 merged with the appropriations for ‘‘Maritime Adminis-
6 tration—State Maritime Academy Operations’’ and shall
7 be made available for the same purposes as the appropria-
8 tions for ‘‘Maritime Administration—State Maritime
9 Academy Operations’’.
10 STATE MARITIME ACADEMY OPERATIONS
11 For necessary expenses of operations, support, and

12 training activities for State Maritime Academies,
13 $432,700,000: Provided, That of the sums appropriated
14 under this heading—
16 pended, shall be for maintenance, repair, life exten-
17 sion, insurance, and capacity improvement of Na-
18 tional Defense Reserve Fleet training ships, and for
19 support of training ship operations at the State
20 Maritime Academies, of which $8,500,000, to re-
21 main available until expended, shall be for expenses
22 related to training mariners; and for costs associated
23 with training vessel sharing pursuant to 46 U.S.C.
24 51504(g)(3) for costs associated with mobilizing, op-
25 erating and demobilizing the vessel, including travel
December 21, 2020 (12:59 p.m.)

1681
1 costs for students, faculty and crew, the costs of the
2 general agent, crew costs, fuel, insurance, oper-
3 ational fees, and vessel hire costs, as determined by
4 the Secretary;
6 pended, shall be for the National Security Multi-Mis-
7 sion Vessel Program, including funds for construc-
8 tion, planning, administration, and design of school
9 ships;
10 (3) $2,400,000 to remain available through
11 September 30, 2022, shall be for the Student Incen-
12 tive Program;
13 (4) $3,800,000 shall remain available until ex-
14 pended, shall be for training ship fuel assistance;
15 and
17 tember 30, 2022, shall be for direct payments for
18 State Maritime Academies.
19 ASSISTANCE TO SMALL SHIPYARDS
20 To make grants to qualified shipyards as authorized

21 under section 54101 of title 46, United States Code,
23 SHIP DISPOSAL
24 For necessary expenses related to the disposal of ob-

25 solete vessels in the National Defense Reserve Fleet of the
December 21, 2020 (12:59 p.m.)

1682
1 Maritime Administration, $4,200,000, to remain available
2 until expended.
3 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
4 ACCOUNT
6 For administrative expenses to carry out the guaran-

7 teed loan program, $3,000,000, which shall be transferred
8 to and merged with the appropriations for ‘‘Maritime Ad-
9 ministration—Operations and Training’’.
10 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
11 To make grants to improve port facilities as author-

12 ized under section 50302(c) of title 46, United States
13 Code, $230,000,000, to remain available until expended:
14 Provided, That projects eligible for amounts made avail-
15 able under this heading shall be projects for coastal sea-
16 ports, inland river ports, or Great Lakes ports: Provided
17 further, That of the amounts made available under this
18 heading, not less than $205,000,000 shall be for coastal
19 seaports or Great Lakes ports: Provided further, That the
20 Maritime Administration shall distribute amounts made
21 available under this heading as discretionary grants to
22 port authorities or commissions or their subdivisions and
23 agents under existing authority, as well as to a State or
24 political subdivision of a State or local government, a Trib-
25 al Government, a public agency or publicly chartered au-
December 21, 2020 (12:59 p.m.)

1683
1 thority established by one or more States, a special pur-
2 pose district with a transportation function, a multistate
3 or multijurisdictional group of entities, or a lead entity
4 described above jointly with a private entity or group of
5 private entities: Provided further, That projects eligible for
6 amounts made available under this heading shall be de-
7 signed to improve the safety, efficiency, or reliability of
8 the movement of goods into, out of, around, or within a
9 port and located—
10 (1) within the boundary of a port; or
11 (2) outside the boundary of a port, and directly
12 related to port operations, or to an intermodal con-
13 nection to a port:
14 Provided further, That project awards eligible under this
15 heading shall be only for—
16 (1) port gate improvements;
17 (2) road improvements both within and con-
18 necting to the port;
19 (3) rail improvements both within and con-
20 necting to the port;
21 (4) berth improvements (including docks,
22 wharves, piers and dredging incidental to the im-
23 provement project);
24 (5) fixed landside improvements in support of
25 cargo operations (such as silos, elevators, conveyors,
December 21, 2020 (12:59 p.m.)

1684
1 container terminals, Ro/Ro structures including
2 parking garages necessary for intermodal freight
3 transfer, warehouses including refrigerated facilities,
4 lay-down areas, transit sheds, and other such facili-
5 ties);
6 (6) utilities necessary for safe operations (in-
7 cluding lighting, stormwater, and other such im-
8 provements that are incidental to a larger infrastruc-
9 ture project); or
10 (7) a combination of activities described above:
11 Provided further, That the Federal share of the costs for
12 which an amount is provided under this heading shall be
13 up to 80 percent: Provided further, That for grants award-
14 ed under this heading, the minimum grant size shall be
15 $1,000,000: Provided further, That for grant awards less
16 than $10,000,000, the Secretary shall prioritize ports that
17 handled less than 10,000,000 short tons in 2017, as iden-
18 tified by the Corps of Engineers: Provided further, That
19 for grant awards less than $10,000,000, the Secretary
20 may increase the Federal share of costs above 80 percent:
21 Provided further, That not to exceed 2 percent of the
22 amounts made available under this heading shall be avail-
23 able for necessary costs of grant administration.
December 21, 2020 (12:59 p.m.)

1685
1 ADMINISTRATIVE PROVISIONS—MARITIME
2 ADMINISTRATION

4 this Act, in addition to any existing authority, the Mari-
5 time Administration is authorized to furnish utilities and
6 services and make necessary repairs in connection with
7 any lease, contract, or occupancy involving Government
8 property under control of the Maritime Administration:
9 Provided, That payments received therefor shall be cred-
10 ited to the appropriation charged with the cost thereof and
12 That rental payments under any such lease, contract, or
13 occupancy for items other than such utilities, services, or
14 repairs shall be deposited into the Treasury as miscella-
15 neous receipts.
16 PIPELINE AND HAZARDOUS MATERIALS SAFETY
17 ADMINISTRATION
18 OPERATIONAL EXPENSES
19 For necessary operational expenses of the Pipeline

20 and Hazardous Materials Safety Administration,
23 HAZARDOUS MATERIALS SAFETY
24 For expenses necessary to discharge the hazardous

25 materials safety functions of the Pipeline and Hazardous
December 21, 2020 (12:59 p.m.)

1686
1 Materials Safety Administration, $62,000,000, of which
3 2023: Provided, That up to $800,000 in fees collected
4 under 49 U.S.C. 5108(g) shall be deposited in the general
5 fund of the Treasury as offsetting receipts: Provided fur-
6 ther, That there may be credited to this appropriation, to
7 be available until expended, funds received from States,
8 counties, municipalities, other public authorities, and pri-
9 vate sources for expenses incurred for training, for reports
10 publication and dissemination, and for travel expenses in-
11 curred in performance of hazardous materials exemptions
12 and approvals functions.
13 PIPELINE SAFETY
14 (PIPELINE SAFETY FUND)
15 (OIL SPILL LIABILITY TRUST FUND)
16 For expenses necessary to carry out a pipeline safety

17 program, as authorized by 49 U.S.C. 60107, and to dis-
18 charge the pipeline program responsibilities of the Oil Pol-
19 lution Act of 1990, $168,000,000, to remain available
20 until September 30, 2023, of which $23,000,000 shall be
21 derived from the Oil Spill Liability Trust Fund; of which
22 $137,000,000 shall be derived from the Pipeline Safety
23 Fund; and of which $8,000,000 shall be derived from fees
24 collected under 49 U.S.C. 60302 and deposited in the Un-
25 derground Natural Gas Storage Facility Safety Account
December 21, 2020 (12:59 p.m.)

1687
1 for the purpose of carrying out 49 U.S.C. 60141: Pro-
2 vided, That not less than $1,058,000 of the funds pro-
3 vided under this heading shall be for the One-Call State
4 grant program: Provided further, That any amounts pro-
5 vided under this heading in this Act or in prior Acts for
6 research contracts, grants, cooperative agreements or re-
7 search other transactions agreements (‘‘OTAs’’) shall re-
8 quire written notification to the House and Senate Com-
9 mittees on Appropriations not less than 3 full business
10 days before such research contracts, grants, cooperative
11 agreements, or research OTAs are announced by the De-
12 partment of Transportation: Provided further, That the
13 Administrator may obligate amounts made available under
14 this heading to engineer, erect, alter, and repair buildings
15 or make any other public improvements for research facili-
16 ties at the Transportation Technology Center after the
17 Administrator submits an updated research plan to the
18 House and Senate Committees on Appropriations and
19 after such plan is approved by the House and Senate Com-
21 EMERGENCY PREPAREDNESS GRANTS
23 (EMERGENCY PREPAREDNESS FUND)
24 For expenses necessary to carry out the Emergency

25 Preparedness Grants program, not more than
December 21, 2020 (12:59 p.m.)

1688
2 2023, from amounts made available by section 5116(h)
3 and subsections (b) and (c) of section 5128 of title 49,
4 United States Code: Provided, That notwithstanding sec-
5 tion 5116(h)(4) of title 49, United States Code, not more
6 than 4 percent of the amounts made available from this
7 account shall be available to pay administrative costs: Pro-
8 vided further, That notwithstanding subsections (b) and
9 (c) of section 5128 of title 49, United States Code, and
10 the limitation on obligations provided under this heading,
11 prior year recoveries recognized in the current year shall
12 be available to develop and deliver hazardous materials
13 emergency response training for emergency responders, in-
14 cluding response activities for the transportation of crude
15 oil, ethanol, flammable liquids, and other hazardous com-
16 modities by rail, consistent with National Fire Protection
17 Association standards, and to make such training avail-
18 able through an electronic format: Provided further, That
19 the prior year recoveries made available under this head-
20 ing shall also be available to carry out sections
21 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e) of title 49,
December 21, 2020 (12:59 p.m.)

1689
1 ADMINISTRATIVE PROVISIONS—PIPELINE AND
2 HAZARDOUS MATERIALS SAFETY ADMINISTRATION
3 SEC. 180. In addition to the amounts made available

4 under the heading, ‘‘Emergency Preparedness Grants’’,
6 shall be made available to the Pipeline and Hazardous Ma-
7 terials Safety Administration from the general fund of the
8 Treasury, in addition to amounts otherwise available for
9 such purposes, to develop and deliver hazardous materials
10 emergency response training for emergency responders, in-
11 cluding response activities for the transportation of crude
12 oil, ethanol, flammable liquids, and other hazardous com-
13 modities by rail, consistent with National Fire Protection
14 Association standards, and to make such training avail-
15 able through an electronic format.

19 General to carry out the provisions of the Inspector Gen-
20 eral Act of 1978, as amended, $98,150,000: Provided,
21 That the Inspector General shall have all necessary au-
22 thority, in carrying out the duties specified in the Inspec-
23 tor General Act, as amended (5 U.S.C. App. 3), to inves-
24 tigate allegations of fraud, including false statements to
25 the government (18 U.S.C. 1001), by any person or entity
December 21, 2020 (12:59 p.m.)

1690
1 that is subject to regulation by the Department of Trans-
2 portation.
4 TRANSPORTATION
5 SEC. 190. (a) During the current fiscal year, applica-
6 ble appropriations to the Department of Transportation
7 shall be available for maintenance and operation of air-
8 craft; hire of passenger motor vehicles and aircraft; pur-
9 chase of liability insurance for motor vehicles operating
10 in foreign countries on official department business; and
11 uniforms or allowances therefor, as authorized by sections
12 5901 and 5902 of title 5, United States Code.
13 (b) During the current fiscal year, applicable appro-
14 priations to the Department and its operating administra-
15 tions shall be available for the purchase, maintenance, op-
16 eration, and deployment of unmanned aircraft systems
17 that advance the missions of the Department of Transpor-
18 tation or an operating administration of the Department
19 of Transportation.
20 (c) Any unmanned aircraft system purchased, pro-
21 cured, or contracted for by the Department prior to the
22 date of enactment of this Act shall be deemed authorized
23 by Congress as if this provision was in effect when the
24 system was purchased, procured, or contracted for.
December 21, 2020 (12:59 p.m.)

1691
1 SEC. 191. Appropriations contained in this Act for
2 the Department of Transportation shall be available for
3 services as authorized by section 3109 of title 5, United
4 States Code, but at rates for individuals not to exceed the
5 per diem rate equivalent to the rate for an Executive Level
6 IV.
7 SEC. 192. (a) No recipient of amounts made available
8 by this Act shall disseminate personal information (as de-
9 fined in section 2725(3) of title 18, United States Code)
10 obtained by a State department of motor vehicles in con-
11 nection with a motor vehicle record as defined in section
12 2725(1) of title 18, United States Code, except as pro-
13 vided in section 2721 of title 18, United States Code, for
14 a use permitted under section 2721 of title 18, United
15 States Code.
16 (b) Notwithstanding subsection (a), the Secretary
17 shall not withhold amounts made available by this Act for
18 any grantee if a State is in noncompliance with this provi-
19 sion.
21 Act shall be available for salaries and expenses of more
22 than 125 political and Presidential appointees in the De-
23 partment of Transportation: Provided, That none of the
24 personnel covered by this provision may be assigned on
December 21, 2020 (12:59 p.m.)

1692
1 temporary detail outside the Department of Transpor-
2 tation.
3 SEC. 194. Funds received by the Federal Highway
4 Administration and Federal Railroad Administration from
5 States, counties, municipalities, other public authorities,
6 and private sources for expenses incurred for training may
7 be credited respectively to the Federal Highway Adminis-
8 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed-
9 eral Railroad Administration’s ‘‘Safety and Operations’’
10 account, except for State rail safety inspectors partici-
11 pating in training pursuant to section 20105 of title 49,
14 Act to the Department of Transportation may be used to
15 make a loan, loan guarantee, line of credit, letter of intent,
16 federally funded cooperative agreement, full funding grant
17 agreement, or discretionary grant unless the Secretary of
18 Transportation notifies the House and Senate Committees
19 on Appropriations not less than 3 full business days before
20 any project competitively selected to receive any discre-
21 tionary grant award, letter of intent, loan commitment,
22 loan guarantee commitment, line of credit commitment,
23 federally funded cooperative agreement, or full funding
24 grant agreement is announced by the Department or its
25 operating administrations: Provided, That the Secretary
December 21, 2020 (12:59 p.m.)

1693
1 of Transportation shall provide the House and Senate
2 Committees on Appropriations with a comprehensive list
3 of all such loans, loan guarantees, lines of credit, letters
4 of intent, federally funded cooperative agreements, full
5 funding grant agreements, and discretionary grants prior
6 to the notification required under the previous proviso:
7 Provided further, That the Secretary gives concurrent noti-
8 fication to the House and Senate Committees on Appro-
9 priations for any ‘‘quick release’’ of funds from the emer-
10 gency relief program: Provided further, That no notifica-
11 tion shall involve funds that are not available for obliga-
12 tion.
13 SEC. 196. Rebates, refunds, incentive payments,
14 minor fees, and other funds received by the Department
15 of Transportation from travel management centers,
16 charge card programs, the subleasing of building space,
17 and miscellaneous sources are to be credited to appropria-
18 tions of the Department of Transportation and allocated
19 to elements of the Department of Transportation using
20 fair and equitable criteria and such funds shall be avail-
22 SEC. 197. Amounts made available by this Act or any
23 prior Act that the Secretary determines represent im-
24 proper payments by the Department of Transportation to
25 a third-party contractor under a financial assistance
December 21, 2020 (12:59 p.m.)

1694
1 award, which are recovered pursuant to law, shall be avail-
2 able—
3 (1) to reimburse the actual expenses incurred
4 by the Department of Transportation in recovering
5 improper payments: Provided, That amounts made
6 available by this Act shall be available until ex-
7 pended; and
8 (2) to pay contractors for services provided in
9 recovering improper payments or contractor support
10 in the implementation of the Improper Payments In-
11 formation Act of 2002 (Public Law 107–300), as
12 amended by the Improper Payments Elimination
13 and Recovery Act of 2010 (Public Law 111–204)
14 and Improper Payments Elimination and Recovery
15 Improvement Act of 2012 (Public Law 112–248),
16 and Fraud Reduction and Data Analytics Act of
17 2015 (Public Law 114–186): Provided, That
18 amounts in excess of that required for paragraphs
19 (1) and (2)—
20 (A) shall be credited to and merged with
21 the appropriation from which the improper pay-
22 ments were made, and shall be available for the
23 purposes and period for which such appropria-
24 tions are available: Provided further, That
25 where specific project or accounting information
December 21, 2020 (12:59 p.m.)

1695
1 associated with the improper payment or pay-
2 ments is not readily available, the Secretary
3 may credit an appropriate account, which shall
4 be available for the purposes and period associ-
5 ated with the account so credited; or
6 (B) if no such appropriation remains avail-
7 able, shall be deposited in the Treasury as mis-
8 cellaneous receipts: Provided further, That prior
9 to depositing such recovery in the Treasury, the
10 Secretary shall notify the House and Senate
11 Committees on Appropriations of the amount
12 and reasons for such transfer: Provided further,
13 That for purposes of this section, the term ‘‘im-
14 proper payments’’ has the same meaning as
15 that provided in section 2(e)(2) of the Improper
16 Payments Elimination and Recovery Act of
17 2010 (Public Law 111–204).
19 law, if any funds provided by or limited by this Act are
20 subject to a reprogramming action that requires notice to
21 be provided to the House and Senate Committees on Ap-
22 propriations, transmission of such reprogramming notice
23 shall be provided solely to the House and Senate Commit-
24 tees on Appropriations, and such reprogramming action
25 shall be approved or denied solely by the House and Sen-
December 21, 2020 (12:59 p.m.)

1696
1 ate Committees on Appropriations: Provided, That the
2 Secretary of Transportation may provide notice to other
3 congressional committees of the action of the House and
4 Senate Committees on Appropriations on such reprogram-
5 ming but not sooner than 30 days after the date on which
6 the reprogramming action has been approved or denied by
7 the House and Senate Committees on Appropriations.
8 SEC. 199. Funds appropriated by this Act to the op-
9 erating administrations may be obligated for the Office of
10 the Secretary for the costs related to assessments or reim-
11 bursable agreements only when such amounts are for the
12 costs of goods and services that are purchased to provide
13 a direct benefit to the applicable operating administration
14 or administrations.
15 SEC. 199A. The Secretary of Transportation is au-
16 thorized to carry out a program that establishes uniform
17 standards for developing and supporting agency transit
18 pass and transit benefits authorized under section 7905
19 of title 5, United States Code, including distribution of
20 transit benefits by various paper and electronic media.
21 SEC. 199B. The Department of Transportation may
22 use funds provided by this Act, or any other Act, to assist
23 a contract under title 49 U.S.C. or title 23 U.S.C. utilizing
24 geographic, economic, or any other hiring preference not
25 otherwise authorized by law, or to amend a rule, regula-
December 21, 2020 (12:59 p.m.)

1697
1 tion, policy or other measure that forbids a recipient of
2 a Federal Highway Administration or Federal Transit Ad-
3 ministration grant from imposing such hiring preference
4 on a contract or construction project with which the De-
5 partment of Transportation is assisting, only if the grant
6 recipient certifies the following:
7 (1) that except with respect to apprentices or
8 trainees, a pool of readily available but unemployed
9 individuals possessing the knowledge, skill, and abil-
10 ity to perform the work that the contract requires
11 resides in the jurisdiction;
12 (2) that the grant recipient will include appro-
13 priate provisions in its bid document ensuring that
14 the contractor does not displace any of its existing
15 employees in order to satisfy such hiring preference;
16 and
17 (3) that any increase in the cost of labor, train-
18 ing, or delays resulting from the use of such hiring
19 preference does not delay or displace any transpor-
20 tation project in the applicable Statewide Transpor-
21 tation Improvement Program or Transportation Im-
22 provement Program.
23 SEC. 199C. The Secretary of Transportation shall co-
24 ordinate with the Secretary of Homeland Security to en-
25 sure that best practices for Industrial Control Systems
December 21, 2020 (12:59 p.m.)

1698
1 Procurement are up-to-date and shall ensure that systems
2 procured with funds provided under this title were pro-
3 cured using such practices.
4 SEC. 199D. None of the funds made available by this
5 Act to the Department of Transportation may be used in
6 contravention of section 306108 of title 54, United States
7 Code.
8 This title may be cited as the ‘‘Department of Trans-
9 portation Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

1699
1 TITLE II
2 DEPARTMENT OF HOUSING AND URBAN
3 DEVELOPMENT
4 MANAGEMENT AND ADMINISTRATION
5 EXECUTIVE OFFICES
6 For necessary salaries and expenses for Executive Of-

7 fices, which shall be comprised of the offices of the Sec-
8 retary, Deputy Secretary, Adjudicatory Services, Congres-
9 sional and Intergovernmental Relations, Public Affairs,
10 Small and Disadvantaged Business Utilization, and the
11 Center for Faith-Based and Neighborhood Partnerships,
13 2022: Provided, That not to exceed $25,000 of the amount
14 made available under this heading shall be available to the
15 Secretary of Housing and Urban Development (referred
16 to in this title as ‘‘the Secretary’’) for official reception
17 and representation expenses as the Secretary may deter-
18 mine.
19 ADMINISTRATIVE SUPPORT OFFICES
20 For necessary salaries and expenses for Administra-

21 tive Support Offices, $576,689,000, to remain available
22 until September 30, 2022: Provided, That of the sums ap-
23 propriated under this heading—
24 (1) $74,462,000 shall be available for the Office
25 of the Chief Financial Officer;
December 21, 2020 (12:59 p.m.)

1700
1 (2) $107,254,000 shall be available for the Of-
2 fice of the General Counsel, of which not less than
3 $20,050,000 shall be for the Departmental Enforce-
4 ment Center;
6 fice of Administration, of which not more than
7 $10,000,000 may be for modernizing the Weaver
8 Building and space consolidation;
10 of the Chief Human Capital Officer;
12 of Field Policy and Management;
14 of the Chief Procurement Officer;
16 of Departmental Equal Employment Opportunity;
17 and
19 of the Chief Information Officer:
20 Provided further, That funds made available under this
21 heading may be used for necessary administrative and
22 non-administrative expenses of the Department, not other-
23 wise provided for, including purchase of uniforms, or al-
24 lowances therefor, as authorized by sections 5901 and
25 5902 of title 5, United States Code; hire of passenger
December 21, 2020 (12:59 p.m.)

1701
1 motor vehicles; and services as authorized by section 3109
2 of title 5, United States Code: Provided further, That not-
3 withstanding any other provision of law, funds appro-
4 priated under this heading may be used for advertising
5 and promotional activities that directly support program
6 activities funded in this title: Provided further, That the
7 Secretary shall provide the House and Senate Committees
8 on Appropriations quarterly written notification regarding
9 the status of pending congressional reports: Provided fur-
10 ther, That the Secretary shall provide in electronic form
11 all signed reports required by Congress: Provided further,
12 That not more than 10 percent of the funds made avail-
13 able under this heading for the Office of the Chief Finan-
14 cial Officer for the financial transformation initiative may
15 be obligated until the Secretary submits to the House and
16 Senate Committees on Appropriations, for approval, a
17 plan for expenditure that includes the financial and inter-
18 nal control capabilities to be delivered and the mission
19 benefits to be realized, key milestones to be met, and the
20 relationship between the proposed use of funds made avail-
21 able under this heading and the projected total cost and
22 scope of the initiative.
23 PROGRAM OFFICES
24 For necessary salaries and expenses for Program Of-

25 fices, $904,673,000, to remain available until September
December 21, 2020 (12:59 p.m.)

1702
1 30, 2022: Provided, That of the sums appropriated under
2 this heading—
4 fice of Public and Indian Housing;
6 fice of Community Planning and Development;
8 fice of Housing, of which not less than $13,200,000
9 shall be for the Office of Recapitalization;
11 of Policy Development and Research;
13 of Fair Housing and Equal Opportunity; and
15 of Lead Hazard Control and Healthy Homes.
18 For the working capital fund for the Department of

19 Housing and Urban Development (referred to in this para-
20 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f)
21 of the Department of Housing and Urban Development
22 Act (42 U.S.C. 3535(f)), amounts transferred, including
23 reimbursements pursuant to section 7(f), to the Fund
24 under this heading shall be available only for Federal
25 shared services used by offices and agencies of the Depart-
December 21, 2020 (12:59 p.m.)

1703
1 ment, and for any such portion of any office or agency’s
2 printing, records management, space renovation, fur-
3 niture, or supply services the Secretary has determined
4 shall be provided through the Fund, and the operational
5 expenses of the Fund: Provided, That amounts within the
6 Fund shall not be available to provide services not specifi-
7 cally authorized under this heading: Provided further,
8 That upon a determination by the Secretary that any
9 other service (or portion thereof) authorized under this
10 heading shall be provided through the Fund, amounts
11 made available in this title for salaries and expenses under
12 the headings ‘‘Executive Offices’’, ‘‘Administrative Sup-
13 port Offices’’, ‘‘Program Offices’’, and ‘‘Government Na-
14 tional Mortgage Association’’, for such services shall be
15 transferred to the Fund, to remain available until ex-
16 pended: Provided further, That the Secretary shall notify
17 the House and Senate Committees on Appropriations of
18 its plans for executing such transfers at least 15 days in
19 advance of such transfers.
20 PUBLIC AND INDIAN HOUSING
21 TENANT-BASED RENTAL ASSISTANCE
22 For activities and assistance for the provision of ten-

23 ant-based rental assistance authorized under the United
24 States Housing Act of 1937, as amended (42 U.S.C. 1437
25 et seq.) (in this title ‘‘the Act’’), not otherwise provided
December 21, 2020 (12:59 p.m.)

1704
1 for, $21,777,439,000, to remain available until expended,
2 which shall be available on October 1, 2020 (in addition
3 to the $4,000,000,000 previously appropriated under this
4 heading that shall be available on October 1, 2020), and
5 $4,000,000,000, to remain available until expended, which
6 shall be available on October 1, 2021: Provided, That the
7 amounts made available under this heading are provided
8 as follows:
9 (1) $23,080,000,000 shall be available for re-
10 newals of expiring section 8 tenant-based annual
11 contributions contracts (including renewals of en-
12 hanced vouchers under any provision of law author-
13 izing such assistance under section 8(t) of the Act)
14 and including renewal of other special purpose incre-
15 mental vouchers: Provided, That notwithstanding
16 any other provision of law, from amounts provided
17 under this paragraph and any carryover, the Sec-
18 retary for the calendar year 2021 funding cycle shall
19 provide renewal funding for each public housing
20 agency based on validated voucher management sys-
21 tem (VMS) leasing and cost data for the prior cal-
22 endar year and by applying an inflation factor as es-
23 tablished by the Secretary, by notice published in
24 the Federal Register, and by making any necessary
25 adjustments for the costs associated with the first-
December 21, 2020 (12:59 p.m.)

1705
1 time renewal of vouchers under this paragraph in-
2 cluding tenant protection and Choice Neighborhoods
3 vouchers: Provided further, That none of the funds
4 provided under this paragraph may be used to fund
5 a total number of unit months under lease which ex-
6 ceeds a public housing agency’s authorized level of
7 units under contract, except for public housing agen-
8 cies participating in the Moving to Work (MTW)
9 demonstration, which are instead governed in ac-
10 cordance with the requirements of the MTW dem-
11 onstration program or their MTW agreements, if
12 any: Provided further, That the Secretary shall, to
13 the extent necessary to stay within the amount spec-
14 ified under this paragraph (except as otherwise
15 modified under this paragraph), prorate each public
16 housing agency’s allocation otherwise established
17 pursuant to this paragraph: Provided further, That
18 except as provided in the following provisos, the en-
19 tire amount specified under this paragraph (except
20 as otherwise modified under this paragraph) shall be
21 obligated to the public housing agencies based on the
22 allocation and pro rata method described above, and
23 the Secretary shall notify public housing agencies of
24 their annual budget by the latter of 60 days after
25 enactment of this Act or March 1, 2021: Provided
December 21, 2020 (12:59 p.m.)

1706
1 further, That the Secretary may extend the notifica-
2 tion period with the prior written approval of the
3 House and Senate Committees on Appropriations:
4 Provided further, That public housing agencies par-
5 ticipating in the MTW demonstration shall be fund-
6 ed in accordance with the requirements of the MTW
7 demonstration program or their MTW agreements,
8 if any, and shall be subject to the same pro rata ad-
9 justments under the previous provisos: Provided fur-
10 ther, That the Secretary may offset public housing
11 agencies’ calendar year 2021 allocations based on
12 the excess amounts of public housing agencies’ net
13 restricted assets accounts, including HUD-held pro-
14 grammatic reserves (in accordance with VMS data
15 in calendar year 2020 that is verifiable and com-
16 plete), as determined by the Secretary: Provided fur-
17 ther, That public housing agencies participating in
18 the MTW demonstration shall also be subject to the
19 offset, as determined by the Secretary, excluding
20 amounts subject to the single fund budget authority
21 provisions of their MTW agreements, from the agen-
22 cies’ calendar year 2021 MTW funding allocation:
23 Provided further, That the Secretary shall use any
24 offset referred to in the previous two provisos
25 throughout the calendar year to prevent the termi-
December 21, 2020 (12:59 p.m.)

1707
1 nation of rental assistance for families as the result
2 of insufficient funding, as determined by the Sec-
3 retary, and to avoid or reduce the proration of re-
4 newal funding allocations: Provided further, That up
5 to $110,000,000 shall be available only: (1) for ad-
6 justments in the allocations for public housing agen-
7 cies, after application for an adjustment by a public
8 housing agency that experienced a significant in-
9 crease, as determined by the Secretary, in renewal
10 costs of vouchers (including Mainstream vouchers)
11 resulting from unforeseen circumstances or from
12 portability under section 8(r) of the Act; (2) for
13 vouchers that were not in use during the previous
14 12-month period in order to be available to meet a
15 commitment pursuant to section 8(o)(13) of the Act,
16 or an adjustment for a funding obligation not yet ex-
17 pended in the previous calendar year for a MTW-eli-
18 gible activity to develop affordable housing for an
19 agency added to the MTW demonstration under the
20 expansion authority provided in section 239 of the
21 Transportation, Housing and Urban Development,
22 and Related Agencies Appropriations Act, 2016 (di-
23 vision L of Public Law 114–113); (3) for adjust-
24 ments for costs associated with HUD–Veterans Af-
25 fairs Supportive Housing (HUD–VASH) vouchers;
December 21, 2020 (12:59 p.m.)

1708
1 (4) for public housing agencies that despite taking
2 reasonable cost savings measures, as determined by
3 the Secretary, would otherwise be required to termi-
4 nate rental assistance for families, including Main-
5 stream families, as a result of insufficient funding;
6 (5) for adjustments in the allocations for public
7 housing agencies that (i) are leasing a lower-than-
8 average percentage of their authorized vouchers, (ii)
9 have low amounts of budget authority in their net
10 restricted assets accounts and HUD-held pro-
11 grammatic reserves, relative to other agencies, and
12 (iii) are not participating in the Moving to Work
13 demonstration, to enable such agencies to lease more
14 vouchers; and (6) for public housing agencies that
15 have experienced increased costs or loss of units in
16 an area for which the President declared a disaster
17 under title IV of the Robert T. Stafford Disaster
18 Relief and Emergency Assistance Act (42 U.S.C.
19 5170 et seq.): Provided further, That the Secretary
20 shall allocate amounts under the previous proviso
21 based on need, as determined by the Secretary;
22 (2) $116,000,000 shall be for section 8 rental
23 assistance for relocation and replacement of housing
24 units that are demolished or disposed of pursuant to
25 section 18 of the Act, conversion of section 23
December 21, 2020 (12:59 p.m.)

1709
1 projects to assistance under section 8, the family
2 unification program under section 8(x) of the Act,
3 relocation of witnesses (including victims of violent
4 crimes) in connection with efforts to combat crime
5 in public and assisted housing pursuant to a request
6 from a law enforcement or prosecution agency, en-
7 hanced vouchers under any provision of law author-
8 izing such assistance under section 8(t) of the Act,
9 Choice Neighborhood vouchers, mandatory and vol-
10 untary conversions, and tenant protection assistance
11 including replacement and relocation assistance or
12 for project-based assistance to prevent the displace-
13 ment of unassisted elderly tenants currently residing
14 in section 202 properties financed between 1959 and
15 1974 that are refinanced pursuant to Public Law
16 106–569, as amended, or under the authority as
17 provided under this Act: Provided, That when a pub-
18 lic housing development is submitted for demolition
19 or disposition under section 18 of the Act, the Sec-
20 retary may provide section 8 rental assistance when
21 the units pose an imminent health and safety risk to
22 residents: Provided further, That the Secretary may
23 provide section 8 rental assistance from amounts
24 made available under this paragraph for units as-
25 sisted under a project-based subsidy contract funded
December 21, 2020 (12:59 p.m.)

1710
1 under the ‘‘Project-Based Rental Assistance’’ head-
2 ing under this title where the owner has received a
3 Notice of Default and the units pose an imminent
4 health and safety risk to residents: Provided further,
5 That to the extent that the Secretary determines
6 that such units are not feasible for continued rental
7 assistance payments or transfer of the subsidy con-
8 tract associated with such units to another project
9 or projects and owner or owners, any remaining
10 amounts associated with such units under such con-
11 tract shall be recaptured and used to reimburse
12 amounts used under this paragraph for rental assist-
13 ance under the previous proviso: Provided further,
14 That of the amounts made available under this para-
15 graph, at least $5,000,000 may be available to pro-
16 vide tenant protection assistance, not otherwise pro-
17 vided under this paragraph, to residents residing in
18 low vacancy areas and who may have to pay rents
19 greater than 30 percent of household income, as the
20 result of: (A) the maturity of a HUD-insured, HUD-
21 held or section 202 loan that requires the permission
22 of the Secretary prior to loan prepayment; (B) the
23 expiration of a rental assistance contract for which
24 the tenants are not eligible for enhanced voucher or
25 tenant protection assistance under existing law; or
December 21, 2020 (12:59 p.m.)

1711
1 (C) the expiration of affordability restrictions accom-
2 panying a mortgage or preservation program admin-
3 istered by the Secretary: Provided further, That such
4 tenant protection assistance made available under
5 the previous proviso may be provided under the au-
6 thority of section 8(t) or section 8(o)(13) of the
7 United States Housing Act of 1937 (42 U.S.C.
8 1437f(t)): Provided further, That the Secretary shall
9 issue guidance to implement the previous provisos,
10 including, but not limited to, requirements for defin-
11 ing eligible at-risk households within 60 days of the
12 enactment of this Act: Provided further, That any
13 tenant protection voucher made available from
14 amounts under this paragraph shall not be reissued
15 by any public housing agency, except the replace-
16 ment vouchers as defined by the Secretary by notice,
17 when the initial family that received any such vouch-
18 er no longer receives such voucher, and the authority
19 for any public housing agency to issue any such
20 voucher shall cease to exist: Provided further, That
21 the Secretary may only provide replacement vouch-
22 ers for units that were occupied within the previous
23 24 months that cease to be available as assisted
24 housing, subject only to the availability of funds;
December 21, 2020 (12:59 p.m.)

1712
1 (3) $2,159,000,000 shall be for administrative
2 and other expenses of public housing agencies in ad-
3 ministering the section 8 tenant-based rental assist-
4 ance program, of which up to $30,000,000 shall be
5 available to the Secretary to allocate to public hous-
6 ing agencies that need additional funds to admin-
7 ister their section 8 programs, including fees associ-
8 ated with section 8 tenant protection rental assist-
9 ance, the administration of disaster related vouchers,
10 HUD–VASH vouchers, and other special purpose in-
11 cremental vouchers: Provided, That no less than
12 $2,129,000,000 of the amount provided in this para-
13 graph shall be allocated to public housing agencies
14 for the calendar year 2021 funding cycle based on
15 section 8(q) of the Act (and related Appropriation
16 Act provisions) as in effect immediately before the
17 enactment of the Quality Housing and Work Re-
18 sponsibility Act of 1998 (Public Law 105–276): Pro-
19 vided further, That if the amounts made available
20 under this paragraph are insufficient to pay the
21 amounts determined under the previous proviso, the
22 Secretary may decrease the amounts allocated to
23 agencies by a uniform percentage applicable to all
24 agencies receiving funding under this paragraph or
25 may, to the extent necessary to provide full payment
December 21, 2020 (12:59 p.m.)

1713
1 of amounts determined under the previous proviso,
2 utilize unobligated balances, including recaptures
3 and carryover, remaining from funds appropriated to
4 the Department of Housing and Urban Development
5 under this heading from prior fiscal years, excluding
6 special purpose vouchers, notwithstanding the pur-
7 poses for which such amounts were appropriated:
8 Provided further, That all public housing agencies
9 participating in the MTW demonstration shall be
10 funded in accordance with the requirements of the
11 MTW demonstration program or their MTW agree-
12 ments, if any, and shall be subject to the same uni-
13 form percentage decrease as under the previous pro-
14 viso: Provided further, That amounts provided under
15 this paragraph shall be only for activities related to
16 the provision of tenant-based rental assistance au-
17 thorized under section 8, including related develop-
18 ment activities;
19 (4) $314,000,000 for the renewal of tenant-
20 based assistance contracts under section 811 of the
21 Cranston-Gonzalez National Affordable Housing Act
22 (42 U.S.C. 8013), including necessary administra-
23 tive expenses: Provided, That administrative and
24 other expenses of public housing agencies in admin-
25 istering the special purpose vouchers in this para-
December 21, 2020 (12:59 p.m.)

1714
1 graph shall be funded under the same terms and be
2 subject to the same pro rata reduction as the per-
3 cent decrease for administrative and other expenses
4 to public housing agencies under paragraph (3) of
5 this heading: Provided further, That upon turnover,
6 section 811 special purpose vouchers funded under
7 this heading in this or prior Acts, or under any
8 other heading in prior Acts, shall be provided to
9 non-elderly persons with disabilities;
10 (5) Of the amounts provided under paragraph
11 (1) up to $5,000,000 shall be for rental assistance
12 and associated administrative fees for Tribal HUD–
13 VASH to serve Native American veterans that are
14 homeless or at-risk of homelessness living on or near
15 a reservation or other Indian areas: Provided, That
16 such amount shall be made available for renewal
17 grants to recipients that received assistance under
18 prior Acts under the Tribal HUD–VASH program:
19 Provided further, That the Secretary shall be author-
20 ized to specify criteria for renewal grants, including
21 data on the utilization of assistance reported by
22 grant recipients: Provided further, That such assist-
23 ance shall be administered in accordance with pro-
24 gram requirements under the Native American
25 Housing Assistance and Self-Determination Act of
December 21, 2020 (12:59 p.m.)

1715
1 1996 and modeled after the HUD–VASH program:
2 Provided further, That the Secretary shall be author-
3 ized to waive, or specify alternative requirements for
4 any provision of any statute or regulation that the
5 Secretary administers in connection with the use of
6 funds made available under this paragraph (except
7 for requirements related to fair housing, non-
8 discrimination, labor standards, and the environ-
9 ment), upon a finding by the Secretary that any
10 such waivers or alternative requirements are nec-
11 essary for the effective delivery and administration
12 of such assistance: Provided further, That grant re-
13 cipients shall report to the Secretary on utilization
14 of such rental assistance and other program data, as
15 prescribed by the Secretary: Provided further, That
16 the Secretary may reallocate, as determined by the
17 Secretary, amounts returned or recaptured from
18 awards under the Tribal HUD–VASH program
19 under prior Acts to existing recipients under the
20 Tribal HUD–VASH program;
21 (6) $40,000,000 for incremental rental voucher
22 assistance for use through a supported housing pro-
23 gram administered in conjunction with the Depart-
24 ment of Veterans Affairs as authorized under section
25 8(o)(19) of the United States Housing Act of 1937:
December 21, 2020 (12:59 p.m.)

1716
1 Provided, That the Secretary of Housing and Urban
2 Development shall make such funding available, not-
3 withstanding section 203 (competition provision) of
4 this title, to public housing agencies that partner
5 with eligible VA Medical Centers or other entities as
6 designated by the Secretary of the Department of
7 Veterans Affairs, based on geographical need for
8 such assistance as identified by the Secretary of the
9 Department of Veterans Affairs, public housing
10 agency administrative performance, and other fac-
11 tors as specified by the Secretary of Housing and
12 Urban Development in consultation with the Sec-
13 retary of the Department of Veterans Affairs: Pro-
14 vided further, That the Secretary of Housing and
15 Urban Development may waive, or specify alter-
16 native requirements for (in consultation with the
17 Secretary of the Department of Veterans Affairs),
18 any provision of any statute or regulation that the
19 Secretary of Housing and Urban Development ad-
20 ministers in connection with the use of funds made
21 available under this paragraph (except for require-
22 ments related to fair housing, nondiscrimination,
23 labor standards, and the environment), upon a find-
24 ing by the Secretary that any such waivers or alter-
25 native requirements are necessary for the effective
December 21, 2020 (12:59 p.m.)

1717
1 delivery and administration of such voucher assist-
2 ance: Provided further, That assistance made avail-
3 able under this paragraph shall continue to remain
4 available for homeless veterans upon turn-over;
5 (7) $25,000,000 shall be made available for the
6 family unification program as authorized under sec-
7 tion 8(x) of the Act: Provided, That the amounts
8 made available under this paragraph are provided as
9 follows:
10 (A) $5,000,000 shall be for new incre-
11 mental voucher assistance: Provided, That the
12 assistance made available under this subpara-
13 graph shall continue to remain available for
14 family unification upon turnover; and
15 (B) $20,000,000 shall be for new incre-
16 mental voucher assistance to assist eligible
17 youth as defined by such section 8(x)(2)(B):
18 Provided, That assistance made available under
19 this subparagraph shall continue to remain
20 available for such eligible youth upon turnover:
21 Provided further, That of the total amount
22 made available under this subparagraph, up to
23 $10,000,000 shall be available on a noncompeti-
24 tive basis to public housing agencies that part-
25 ner with public child welfare agencies to iden-
December 21, 2020 (12:59 p.m.)

1718
1 tify such eligible youth, that request such as-
2 sistance to timely assist such eligible youth, and
3 that meet any other criteria as specified by the
4 Secretary: Provided further, That the Secretary
5 shall review utilization of the assistance made
6 available under the previous proviso, at an in-
7 terval to be determined by the Secretary, and
8 unutilized voucher assistance that is no longer
9 needed shall be recaptured by the Secretary and
10 reallocated pursuant to the previous proviso:
11 Provided further, That for any public housing agency
12 administering voucher assistance appropriated in a
13 prior Act under the family unification program, or
14 made available and competitively selected under this
15 paragraph, that determines that it no longer has an
16 identified need for such assistance upon turnover,
17 such agency shall notify the Secretary, and the Sec-
18 retary shall recapture such assistance from the agen-
19 cy and reallocate it to any other public housing
20 agency or agencies based on need for voucher assist-
21 ance in connection with such specified program or
22 eligible youth, as applicable;
23 (8) $43,439,000 shall be for incremental rental
24 voucher assistance under section 8(o) of the United
25 States Housing Act of 1937 for use by individuals
December 21, 2020 (12:59 p.m.)

1719
1 and families who are homeless, as defined in section
2 103(a) of the McKinney-Vento Homeless Assistance
3 Act (42 U.S.C. 11302(a)), at risk of homelessness,
4 as defined in section 401(1) of the McKinney-Vento
5 Homeless Assistance Act (42 U.S.C. 11360(1)), flee-
6 ing, or attempting to flee, domestic violence, dating
7 violence, sexual assault, or stalking, or veterans and
8 families that include a veteran family member that
9 meet one of the preceding criteria: Provided, That
10 assistance made available under this paragraph shall
11 continue to remain available for such eligible individ-
12 uals and families upon turnover: Provided further,
13 That the Secretary shall make such funding avail-
14 able, notwithstanding section 203 of this title (com-
15 petition provision) to public housing agencies that
16 partner with eligible continuums of care or other en-
17 tities as designated by the Secretary, based on geo-
18 graphical need of such assistance, public housing
19 agency administrative performance, and other fac-
20 tors as specified by the Secretary: Provided further,
21 That the Secretary shall review utilization of the as-
22 sistance made available under the preceding proviso,
23 at an interval to be determined by the Secretary,
24 and unutilized voucher assistance that is no longer
25 needed shall be recaptured by the Secretary and re-
December 21, 2020 (12:59 p.m.)

1720
1 allocated pursuant to the preceding proviso: Pro-
2 vided further, That, the Secretary shall give pref-
3 erence to applicants that demonstrate a strategy to
4 coordinate assistance with services available in the
5 community: Provided further, That none of the funds
6 provided in this paragraph may be used to require
7 people experiencing homelessness to receive treat-
8 ment or perform any other prerequisite activities as
9 a condition for receiving shelter, housing or other
10 services: Provided further, That the Secretary shall
11 issue guidance to implement the preceding proviso;
12 and
13 (9) the Secretary shall separately track all spe-
14 cial purpose vouchers funded under this heading.
15 HOUSING CERTIFICATE FUND
17 Unobligated balances, including recaptures and car-

18 ryover, remaining from funds appropriated to the Depart-
19 ment of Housing and Urban Development under this
20 heading, the heading ‘‘Annual Contributions for Assisted
21 Housing’’ and the heading ‘‘Project-Based Rental Assist-
22 ance’’, for fiscal year 2021 and prior years may be used
23 for renewal of or amendments to section 8 project-based
24 contracts and for performance-based contract administra-
25 tors, notwithstanding the purposes for which such funds
December 21, 2020 (12:59 p.m.)

1721
1 were appropriated: Provided, That any obligated balances
2 of contract authority from fiscal year 1974 and prior fiscal
3 years that have been terminated shall be rescinded: Pro-
4 vided further, That amounts heretofore recaptured, or re-
5 captured during the current fiscal year, from section 8
6 project-based contracts from source years fiscal year 1975
7 through fiscal year 1987 are hereby rescinded, and an
8 amount of additional new budget authority, equivalent to
9 the amount rescinded is hereby appropriated, to remain
10 available until expended, for the purposes set forth under
11 this heading, in addition to amounts otherwise available.
12 PUBLIC HOUSING FUND
13 For the operation and management of public housing,

14 as authorized by section 9(e) of the United States Housing
15 Act of 1937 (42 U.S.C. 1437g(e)) (the‘‘Act’’), and to
16 carry out capital and management activities for public
17 housing agencies, as authorized under section 9(d) of the
18 Act (42 U.S.C. 1437g(d)), $7,806,000,000, to remain
20 amounts made available under this heading are provided
21 as follows:
22 (1) $4,839,000,000 shall be available to the
23 Secretary to allocate pursuant to the Operating
24 Fund formula at part 990 of title 24, Code of Fed-
25 eral Regulations, for 2021 payments;
December 21, 2020 (12:59 p.m.)

1722
1 (2) $25,000,000 shall be available to the Sec-
2 retary to allocate pursuant to a need-based applica-
3 tion process notwithstanding section 203 of this title
4 and not subject to such Operating Fund formula to
5 public housing agencies that experience, or are at
6 risk of, financial shortfalls, as determined by the
7 Secretary: Provided, That after all such shortfall
8 needs are met, the Secretary may distribute any re-
9 maining funds to all public housing agencies on a
10 pro-rata basis pursuant to such Operating Fund for-
11 mula;
12 (3) $2,765,000,000 shall be available to the
13 Secretary to allocate pursuant to the Capital Fund
14 formula at section 905.400 of title 24, Code of Fed-
15 eral Regulations: Provided, That for funds provided
16 under this paragraph, the limitation in section
17 9(g)(1) of the Act shall be 25 percent: Provided fur-
18 ther, That the Secretary may waive the limitation in
19 the previous proviso to allow public housing agencies
20 to fund activities authorized under section
21 9(e)(1)(C) of the Act: Provided further, That the
22 Secretary shall notify public housing agencies re-
23 questing waivers under the previous proviso if the
24 request is approved or denied within 14 days of sub-
25 mitting the request: Provided further, That from the
December 21, 2020 (12:59 p.m.)

1723
1 funds made available under this paragraph, the Sec-
2 retary shall provide bonus awards in fiscal year
3 2021 to public housing agencies that are designated
4 high performers: Provided further, That the Depart-
5 ment shall notify public housing agencies of their
6 formula allocation within 60 days of enactment of
7 this Act;
8 (4) $75,000,000 shall be available for the Sec-
9 retary to make grants, notwithstanding section 203
10 of this title, to public housing agencies for emer-
11 gency capital needs, including safety and security
12 measures necessary to address crime and drug-re-
13 lated activity, as well as needs resulting from unfore-
14 seen or unpreventable emergencies and natural dis-
15 asters excluding Presidentially declared emergencies
16 and natural disasters under the Robert T. Stafford
17 Disaster Relief and Emergency Act (42 U.S.C. 5121
18 et seq.) occurring in fiscal year 2021, of which
19 $45,000,000 shall be available for public housing
20 agencies under administrative and judicial receiver-
21 ships or under the control of a Federal monitor:
22 Provided, That of the amount made available under
23 this paragraph, not less than $10,000,000 shall be
24 for safety and security measures: Provided further,
25 That in addition to the amount in the previous pro-
December 21, 2020 (12:59 p.m.)

1724
1 viso for such safety and security measures, any
2 amounts that remain available, after all applications
3 received on or before September 30, 2022, for emer-
4 gency capital needs have been processed, shall be al-
5 located to public housing agencies for such safety
6 and security measures;
8 to public housing agencies to evaluate and reduce
9 lead-based paint hazards in public housing by car-
10 rying out the activities of risk assessments, abate-
11 ment, and interim controls (as those terms are de-
12 fined in section 1004 of the Residential Lead-Based
13 Paint Hazard Reduction Act of 1992 (42 U.S.C.
14 4851b)): Provided, That for purposes of environ-
15 mental review, a grant under this paragraph shall be
16 considered funds for projects or activities under title
17 I of the United States Housing Act of 1937 (42
18 U.S.C. 1437 et seq.) for purposes of section 26 of
19 such Act (42 U.S.C. 1437x) and shall be subject to
20 the regulations implementing such section;
22 to public housing agencies for activities authorized
23 under the Healthy Homes Initiative, pursuant to
24 sections 501 and 502 of the Housing and Urban De-
25 velopment Act of 1970, which shall include research,
December 21, 2020 (12:59 p.m.)

1725
1 studies, testing, and demonstration efforts, including
2 education and outreach concerning mold, radon, car-
3 bon monoxide poisoning, and other housing-related
4 diseases and hazards;
5 (7) $15,000,000 shall be to support the costs of
6 administrative and judicial receiverships and for
7 competitive grants to PHAs in receivership, des-
8 ignated troubled or substandard, or otherwise at
9 risk, as determined by the Secretary, for costs asso-
10 ciated with public housing asset improvement, in ad-
11 dition to other amounts for that purpose provided
12 under any heading under this title;
13 (8) $23,000,000 shall be to support ongoing
14 public housing financial and physical assessment ac-
15 tivities; and
16 (9) $4,000,000 shall be for a radon testing and
17 mitigation resident safety demonstration program
18 (the radon demonstration) in public housing: Pro-
19 vided, That the testing method, mitigation method,
20 or action level used under the radon demonstration
21 shall be as specified by applicable State or local law,
22 if such law is more protective of human health or
23 the environment than the method or level specified
24 by the Secretary:
December 21, 2020 (12:59 p.m.)

1726
2 sion of law or regulation, during fiscal year 2021, the Sec-
3 retary of Housing and Urban Development may not dele-
4 gate to any Department official other than the Deputy
5 Secretary and the Assistant Secretary for Public and In-
6 dian Housing any authority under paragraph (2) of sec-
7 tion 9(j) of the Act regarding the extension of the time
8 periods under such section: Provided further, That for pur-
9 poses of such section 9(j), the term ‘‘obligate’’ means, with
10 respect to amounts, that the amounts are subject to a
11 binding agreement that will result in outlays, immediately
12 or in the future.
13 CHOICE NEIGHBORHOODS INITIATIVE
14 For competitive grants under the Choice Neighbor-

15 hoods Initiative (subject to section 24 of the United States
16 Housing Act of 1937 (42 U.S.C. 1437v) unless otherwise
17 specified under this heading), for transformation, rehabili-
18 tation, and replacement housing needs of both public and
19 HUD-assisted housing and to transform neighborhoods of
20 poverty into functioning, sustainable mixed income neigh-
21 borhoods with appropriate services, schools, public assets,
22 transportation and access to jobs, $200,000,000, to re-
24 grant funds may be used for resident and community serv-
25 ices, community development, and affordable housing
December 21, 2020 (12:59 p.m.)

1727
1 needs in the community, and for conversion of vacant or
2 foreclosed properties to affordable housing: Provided fur-
3 ther, That the use of funds made available under this
4 heading shall not be deemed to be for public housing not-
5 withstanding section 3(b)(1) of such Act: Provided further,
6 That grantees shall commit to an additional period of af-
7 fordability determined by the Secretary of not fewer than
8 20 years: Provided further, That grantees shall provide a
9 match in State, local, other Federal or private funds: Pro-
10 vided further, That grantees may include local govern-
11 ments, Tribal entities, public housing agencies, and non-
12 profit organizations: Provided further, That for-profit de-
13 velopers may apply jointly with a public entity: Provided
14 further, That for purposes of environmental review, a
15 grantee shall be treated as a public housing agency under
16 section 26 of the United States Housing Act of 1937 (42
17 U.S.C. 1437x), and grants made with amounts available
18 under this heading shall be subject to the regulations
19 issued by the Secretary to implement such section: Pro-
20 vided further, That of the amount provided under this
21 heading, not less than $100,000,000 shall be awarded to
22 public housing agencies: Provided further, That such
23 grantees shall create partnerships with other local organi-
24 zations, including assisted housing owners, service agen-
25 cies, and resident organizations: Provided further, That
December 21, 2020 (12:59 p.m.)

1728
1 the Secretary shall consult with the Secretaries of Edu-
2 cation, Labor, Transportation, Health and Human Serv-
3 ices, Agriculture, and Commerce, the Attorney General,
4 and the Administrator of the Environmental Protection
5 Agency to coordinate and leverage other appropriate Fed-
6 eral resources: Provided further, That not more than
7 $5,000,000 of funds made available under this heading
8 may be provided as grants to undertake comprehensive
9 local planning with input from residents and the commu-
10 nity: Provided further, That unobligated balances, includ-
11 ing recaptures, remaining from funds appropriated under
12 the heading ‘‘Revitalization of Severely Distressed Public
13 Housing (HOPE VI)’’ in fiscal year 2011 and prior fiscal
14 years may be used for purposes under this heading, not-
15 withstanding the purposes for which such amounts were
16 appropriated: Provided further, That the Secretary shall
17 make grant awards not later than 1 year after the date
18 of enactment of this Act in such amounts that the Sec-
19 retary determines: Provided further, That notwithstanding
20 section 24(o) of the United States Housing Act of 1937
21 (42 U.S.C. 1437v(o)), the Secretary may, until September
22 30, 2023, obligate any available unobligated balances
23 made available under this heading in this or any prior Act.
December 21, 2020 (12:59 p.m.)

1729
1 SELF-SUFFICIENCY PROGRAMS
2 For activities and assistance related to Self-Suffi-

3 ciency Programs, to remain available until September 30,
4 2024, $155,000,000: Provided, That the amounts made
5 available under this heading are provided as follows:
6 (1) $105,000,000 shall be for the Family Self-
7 Sufficiency program to support family self-suffi-
8 ciency coordinators under section 23 of the United
9 States Housing Act of 1937 (42 U.S.C. 1437u), to
10 promote the development of local strategies to co-
11 ordinate the use of assistance under sections 8 and
12 9 of such Act with public and private resources, and
13 enable eligible families to achieve economic inde-
14 pendence and self-sufficiency: Provided, That the
15 Secretary may, by Federal Register notice, waive or
16 specify alternative requirements under subsections
17 (b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such
18 Act in order to facilitate the operation of a unified
19 self-sufficiency program for individuals receiving as-
20 sistance under different provisions of such Act, as
21 determined by the Secretary: Provided further, That
22 owners or sponsors of a multifamily property receiv-
23 ing project-based rental assistance under section 8
24 of such Act may voluntarily make a Family Self-Suf-
25 ficiency program available to the assisted tenants of
December 21, 2020 (12:59 p.m.)

1730
1 such property in accordance with procedures estab-
2 lished by the Secretary: Provided further, That such
3 procedures established pursuant to the previous pro-
4 viso shall permit participating tenants to accrue es-
5 crow funds in accordance with section 23(d)(2) of
6 such Act and shall allow owners to use funding from
7 residual receipt accounts to hire coordinators for
8 their own Family Self-Sufficiency program;
9 (2) $35,000,000 shall be for the Resident Op-
10 portunity and Self-Sufficiency program to provide
11 for supportive services, service coordinators, and
12 congregate services as authorized by section 34 of
13 the United States Housing Act of 1937 (42 U.S.C.
14 1437z–6) and the Native American Housing Assist-
15 ance and Self-Determination Act of 1996 (25 U.S.C.
16 4101 et seq.); and
17 (3) $15,000,000 shall be for a Jobs-Plus initia-
18 tive, modeled after the Jobs-Plus demonstration:
19 Provided, That funding provided under this para-
20 graph shall be available for competitive grants to
21 partnerships between public housing authorities,
22 local workforce investment boards established under
23 section 107 of the Workforce Innovation and Oppor-
24 tunity Act of 2014 (29 U.S.C. 3122), and other
25 agencies and organizations that provide support to
December 21, 2020 (12:59 p.m.)

1731
1 help public housing residents obtain employment and
2 increase earnings: Provided further, That applicants
3 must demonstrate the ability to provide services to
4 residents, partner with workforce investment boards,
5 and leverage service dollars: Provided further, That
6 the Secretary may allow public housing agencies to
7 request exemptions from rent and income limitation
8 requirements under sections 3 and 6 of the United
9 States Housing Act of 1937 (42 U.S.C. 1437a,
10 1437d), as necessary to implement the Jobs-Plus
11 program, on such terms and conditions as the Sec-
12 retary may approve upon a finding by the Secretary
13 that any such waivers or alternative requirements
14 are necessary for the effective implementation of the
15 Jobs-Plus initiative as a voluntary program for resi-
16 dents: Provided further, That the Secretary shall
17 publish by notice in the Federal Register any waiv-
18 ers or alternative requirements pursuant to the pre-
19 ceding proviso no later than 10 days before the ef-
20 fective date of such notice.
21 NATIVE AMERICAN PROGRAMS
22 For activities and assistance authorized under title

23 I of the Native American Housing Assistance and Self-
24 Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111
25 et seq.), title I of the Housing and Community Develop-
December 21, 2020 (12:59 p.m.)

1732
1 ment Act of 1974 with respect to Indian tribes (42 U.S.C.
2 5306(a)(1)), and related training and technical assistance,
4 2025: Provided, That the amounts made available under
5 this heading are provided as follows:
6 (1) $647,000,000 shall be available for the Na-
7 tive American Housing Block Grants program, as
8 authorized under title I of NAHASDA: Provided,
9 That, notwithstanding NAHASDA, to determine the
10 amount of the allocation under title I of such Act for
11 each Indian tribe, the Secretary shall apply the for-
12 mula under section 302 of NAHASDA with the need
13 component based on single-race census data and
14 with the need component based on multi-race census
15 data, and the amount of the allocation for each In-
16 dian tribe shall be the greater of the two resulting
17 allocation amounts: Provided further, That the Sec-
18 retary will notify grantees of their formula allocation
19 within 60 days of the date of enactment of this Act;
20 (2) $100,000,000 shall be available for competi-
21 tive grants under the Native American Housing
22 Block Grants program, as authorized under title I of
23 NAHASDA: Provided, That the Secretary shall obli-
24 gate this additional amount for competitive grants to
25 eligible recipients authorized under NAHASDA that
December 21, 2020 (12:59 p.m.)

1733
1 apply for funds: Provided further, That in awarding
2 this additional amount, the Secretary shall consider
3 need and administrative capacity, and shall give pri-
4 ority to projects that will spur construction and re-
5 habilitation of housing: Provided further, That a
6 grant funded pursuant to this paragraph shall be in
7 an amount not less than $500,000 and not greater
8 than $10,000,000: Provided further, That any funds
9 transferred for the necessary costs of administering
10 and overseeing the obligation and expenditure of
11 such additional amounts in prior Acts may also be
12 used for the necessary costs of administering and
13 overseeing such additional amount;
14 (3) $1,000,000 shall be available for the cost of
15 guaranteed notes and other obligations, as author-
16 ized by title VI of NAHASDA: Provided, That such
17 costs, including the costs of modifying such notes
18 and other obligations, shall be as defined in section
19 502 of the Congressional Budget Act of 1974, as
20 amended: Provided further, That for fiscal year 2021
21 funds made available in this Act for the cost of
22 guaranteed notes and other obligations and any un-
23 obligated balances, including recaptures and carry-
24 over, remaining from amounts appropriated for this
25 purpose under this heading or under the heading
December 21, 2020 (12:59 p.m.)

1734
1 ‘‘Native American Housing Block Grants’’ in prior
2 Acts are available to subsidize the total principal
3 amount of any notes and other obligations, any part
4 of which is to be guaranteed, not to exceed
5 $45,649,452;
6 (4) $70,000,000 shall be available for grants to
7 Indian tribes for carrying out the Indian Community
8 Development Block Grant program under title I of
9 the Housing and Community Development Act of
10 1974, notwithstanding section 106(a)(1) of such
11 Act, of which, notwithstanding any other provision
12 of law (including section 203 of this Act), up to
13 $4,000,000 may be used for emergencies that con-
14 stitute imminent threats to health and safety: Pro-
15 vided, That not to exceed 20 percent of any grant
16 made with funds appropriated under this paragraph
17 shall be expended for planning and management de-
18 velopment and administration; and
19 (5) $7,000,000 shall be available for providing
20 training and technical assistance to Indian tribes,
21 Indian housing authorities, and tribally designated
22 housing entities, to support the inspection of Indian
23 housing units, contract expertise, and for training
24 and technical assistance related to funding provided
25 under this heading and other headings under this
December 21, 2020 (12:59 p.m.)

1735
1 Act for the needs of Native American families and
2 Indian country: Provided, That of the funds made
3 available under this paragraph, not less than
4 $2,000,000 shall be available for a national organi-
5 zation as authorized under section 703 of
6 NAHASDA (25 U.S.C. 4212): Provided further,
7 That amounts made available under this paragraph
8 may be used, contracted, or competed as determined
9 by the Secretary: Provided further, That notwith-
10 standing the provisions of the Federal Grant and
11 Cooperative Agreements Act of 1977 (31 U.S.C.
12 6301–6308), the amounts made available under this
13 paragraph may be used by the Secretary to enter
14 into cooperative agreements with public and private
15 organizations, agencies, institutions, and other tech-
16 nical assistance providers to support the administra-
17 tion of negotiated rulemaking under section 106 of
18 NAHASDA (25 U.S.C. 4116), the administration of
19 the allocation formula under section 302 of
20 NAHASDA (25 U.S.C. 4152), and the administra-
21 tion of performance tracking and reporting under
22 section 407 of NAHASDA (25 U.S.C. 4167).
December 21, 2020 (12:59 p.m.)

1736
1 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM
2 ACCOUNT
3 For the cost of guaranteed loans, as authorized by

4 section 184 of the Housing and Community Development
5 Act of 1992 (12 U.S.C. 1715z–13a), $1,500,000, to re-
6 main available until expended: Provided, That such costs,
7 including the costs of modifying such loans, shall be as
8 defined in section 502 of the Congressional Budget Act
9 of 1974: Provided further, That an additional $500,000,
10 to remain available until expended, shall be available for
11 administrative contract expenses including management
12 processes to carry out the loan guarantee program: Pro-
13 vided further, That for fiscal year 2021 funds made avail-
14 able in this and prior Acts for the cost of guaranteed
15 loans, as authorized by section 184 of the Housing and
16 Community Development Act of 1992 (12 U.S.C. 1715z–
17 13a), that are unobligated, including recaptures and car-
18 ryover, are available to subsidize total loan principal, any
19 part of which is to be guaranteed, up to $1,000,000,000.
20 NATIVE HAWAIIAN HOUSING BLOCK GRANT
21 For the Native Hawaiian Housing Block Grant pro-

22 gram, as authorized under title VIII of the Native Amer-
23 ican Housing Assistance and Self-Determination Act of
24 1996 (25 U.S.C. 4221 et seq.), $2,000,000, to remain
25 available until September 30, 2025: Provided, That not-
December 21, 2020 (12:59 p.m.)

1737
1 withstanding section 812(b) of such Act, the Department
2 of Hawaiian Home Lands may not invest grant amounts
3 made available under this heading in investment securities
4 and other obligations: Provided further, That amounts
5 made available under this heading in this and prior fiscal
6 years may be used to provide rental assistance to eligible
7 Native Hawaiian families both on and off the Hawaiian
8 Home Lands, notwithstanding any other provision of law.
9 COMMUNITY PLANNING AND DEVELOPMENT
10 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
11 For carrying out the Housing Opportunities for Per-

12 sons with AIDS program, as authorized by the AIDS
13 Housing Opportunity Act (42 U.S.C. 12901 et seq.),
15 2022, except that amounts allocated pursuant to section
16 854(c)(5) of such Act shall remain available until Sep-
17 tember 30, 2023: Provided, That the Secretary shall renew
18 or replace all expiring contracts for permanent supportive
19 housing that initially were funded under section 854(c)(5)
20 of such Act from funds made available under this heading
21 in fiscal year 2010 and prior fiscal years that meet all
22 program requirements before awarding funds for new con-
23 tracts under such section: Provided further, That the proc-
24 ess for submitting amendments and approving replace-
25 ment contracts shall be established by the Secretary in a
December 21, 2020 (12:59 p.m.)

1738
1 notice: Provided further, That the Department shall notify
2 grantees of their formula allocation within 60 days of en-
4 COMMUNITY DEVELOPMENT FUND
5 For carrying out the community development block

6 grant program under title I of the Housing and Commu-
7 nity Development Act of 1974, as amended (42 U.S.C.
8 5301 et seq.) (in this heading ‘‘the Act’’), $3,475,000,000,
9 to remain available until September 30, 2023, unless oth-
10 erwise specified: Provided, That unless explicitly provided
11 for under this heading, not to exceed 20 percent of any
12 grant made with funds made available under this heading
13 shall be expended for planning and management develop-
14 ment and administration: Provided further, That a metro-
15 politan city, urban county, unit of general local govern-
16 ment, or insular area that directly or indirectly receives
17 funds under this heading may not sell, trade, or otherwise
18 transfer all or any portion of such funds to another such
19 entity in exchange for any other funds, credits, or non-
20 Federal considerations, but shall use such funds for activi-
21 ties eligible under title I of the Act: Provided further, That
22 notwithstanding section 105(e)(1) of the Act, no funds
23 made available under this heading may be provided to a
24 for-profit entity for an economic development project
25 under section 105(a)(17) unless such project has been
December 21, 2020 (12:59 p.m.)

1739
1 evaluated and selected in accordance with guidelines re-
2 quired under subsection (e)(2) of section 105: Provided
3 further, That of the total amount provided under this
4 heading, $25,000,000 shall be for activities authorized
5 under section 8071 of the SUPPORT for Patients and
6 Communities Act (Public Law 115–271): Provided further,
7 That the funds allocated pursuant to the preceding proviso
8 shall not adversely affect the amount of any formula as-
9 sistance received by a State under this heading: Provided
10 further, That the Secretary shall allocate the funds for
11 such activities based on the notice establishing the funding
12 formula published in 84 FR 16027 (April 17, 2019) ex-
13 cept that the formula shall use age-adjusted rates of drug
14 overdose deaths for 2018 based on data from the Centers
15 for Disease Control and Prevention: Provided further,
16 That the Department of Housing and Urban Development
17 shall notify grantees of their formula allocation within 60
18 days of enactment of this Act.
19 COMMUNITY DEVELOPMENT LOAN GUARANTEES
20 PROGRAM ACCOUNT
21 Subject to section 502 of the Congressional Budget

22 Act of 1974 (2 U.S.C. 661a), during fiscal year 2021,
23 commitments to guarantee loans under section 108 of the
24 Housing and Community Development Act of 1974 (42
25 U.S.C. 5308), any part of which is guaranteed, shall not
December 21, 2020 (12:59 p.m.)

1740
1 exceed a total principal amount of $300,000,000, notwith-
2 standing any aggregate limitation on outstanding obliga-
3 tions guaranteed in subsection (k) of such section 108:
4 Provided, That the Secretary shall collect fees from bor-
5 rowers, notwithstanding subsection (m) of such section
6 108, to result in a credit subsidy cost of zero for guaran-
7 teeing such loans, and any such fees shall be collected in
8 accordance with section 502(7) of the Congressional
9 Budget Act of 1974: Provided further, That such commit-
10 ment authority funded by fees may be used to guarantee,
11 or make commitments to guarantee, notes or other obliga-
12 tions issued by any State on behalf of non-entitlement
13 communities in the State in accordance with the require-
14 ments of such section 108: Provided further, That any
15 State receiving such a guarantee or commitment under the
16 preceding proviso shall distribute all funds subject to such
17 guarantee to the units of general local government in non-
18 entitlement areas that received the commitment.
19 HOME INVESTMENT PARTNERSHIPS PROGRAM
20 For the HOME Investment Partnerships program, as

21 authorized under title II of the Cranston-Gonzalez Na-
22 tional Affordable Housing Act, as amended (42 U.S.C.
23 12721 et seq.), $1,350,000,000, to remain available until
24 September 30, 2024: Provided, That notwithstanding the
25 amount made available under this heading, the threshold
December 21, 2020 (12:59 p.m.)

1741
1 reduction requirements in sections 216(10) and 217(b)(4)
2 of such Act shall not apply to allocations of such amount:
3 Provided further, That the Department shall notify grant-
4 ees of their formula allocations within 60 days after enact-
5 ment of this Act: Provided further, That section 218(g)
6 of such Act (42 U.S.C. 12748(g)) shall not apply with re-
7 spect to the right of a jurisdiction to draw funds from
8 its HOME Investment Trust Fund that otherwise expired
9 or would expire in 2016, 2017, 2018, 2019, 2020, 2021,
10 2022, or 2023 under that section: Provided further, That
11 section 231(b) of such Act (42 U.S.C. 12771(b)) shall not
12 apply to any uninvested funds that otherwise were de-
13 ducted or would be deducted from the line of credit in
14 the participating jurisdiction’s HOME Investment Trust
15 Fund in 2018, 2019, 2020, 2021, 2022, or 2023 under
16 that section.
17 SELF-HELP AND ASSISTED HOMEOWNERSHIP
18 OPPORTUNITY PROGRAM
19 For the Self-Help and Assisted Homeownership Op-

20 portunity Program, as authorized under section 11 of the
21 Housing Opportunity Program Extension Act of 1996 (42
22 U.S.C. 12805 note), $60,000,000, to remain available
23 until September 30, 2023: Provided, That of the total
24 amount made available under this heading, $10,000,000
25 shall be for the Self-Help Homeownership Opportunity
December 21, 2020 (12:59 p.m.)

1742
1 Program as authorized under such section 11: Provided
3 this heading, $41,000,000 shall be for the second, third,
4 and fourth capacity building entities specified in section
5 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C.
6 9816 note), of which not less than $5,000,000 shall be
7 for rural capacity building activities: Provided further,
8 That of the total amount made available under this head-
9 ing, $5,000,000 shall be for capacity building by national
10 rural housing organizations having experience assessing
11 national rural conditions and providing financing, train-
12 ing, technical assistance, information, and research to
13 local nonprofit organizations, local governments, and In-
14 dian Tribes serving high need rural communities: Provided
15 further, That of the total amount provided under this
16 heading, $4,000,000, shall be made available for a pro-
17 gram to rehabilitate and modify the homes of disabled or
18 low-income veterans, as authorized under section 1079 of
19 Public Law 113–291: Provided further, That the issuance
20 of a Notice of Funding Availability for the funds provided
21 under the previous proviso shall be completed within 120
22 days of enactment of this Act and such funds shall be
23 awarded within 180 days of such issuance.
December 21, 2020 (12:59 p.m.)

1743
1 HOMELESS ASSISTANCE GRANTS
2 For assistance under title IV of the McKinney-Vento

3 Homeless Assistance Act (42 U.S.C. 11360 et seq.),
5 2023: Provided, That of the amounts made available
6 under this heading—
7 (1) not less than $290,000,000 shall be for the
8 Emergency Solutions Grants program authorized
9 under subtitle B of such title IV (42 U.S.C. 11371
10 et seq.): Provided further, That the Department shall
11 notify grantees of their formula allocation from
12 amounts allocated (which may represent initial or
13 final amounts allocated) for the Emergency Solu-
14 tions Grant program not later than 60 days after
15 enactment of this Act;
16 (2) not less than $2,569,000,000 shall be for
17 the Continuum of Care program authorized under
18 subtitle C of such title IV (42 U.S.C. 11381 et seq.)
19 and the Rural Housing Stability Assistance pro-
20 grams authorized under subtitle D of such title IV
21 (42 U.S.C. 11408): Provided further, That the Sec-
22 retary shall prioritize funding under the Continuum
23 of Care program to continuums of care that have
24 demonstrated a capacity to reallocate funding from
25 lower performing projects to higher performing
December 21, 2020 (12:59 p.m.)

1744
1 projects: Provided further, That the Secretary shall
2 provide incentives to create projects that coordinate
3 with housing providers and healthcare organizations
4 to provide permanent supportive housing and rapid
5 re-housing services: Provided further, That amounts
6 made available for the Continuum of Care program
7 under this heading in this Act and any remaining
8 unobligated balances from prior Acts may be used to
9 competitively or non-competitively renew or replace
10 grants for youth homeless demonstration projects
11 under the Continuum of Care program, notwith-
12 standing any conflict with the requirements of the
13 Continuum of Care program;
14 (3) up to $52,000,000 shall be for grants for
15 rapid re-housing projects and supportive service
16 projects providing coordinated entry, and for eligible
17 activities the Secretary determines to be critical in
18 order to assist survivors of domestic violence, dating
19 violence, sexual assault, or stalking, except that the
20 Secretary may make additional grants for such
21 projects and purposes from amounts made available
22 for such Continuum of Care program: Provided fur-
23 ther, That such projects shall be eligible for renewal
24 under the Continuum of Care program subject to
December 21, 2020 (12:59 p.m.)

1745
1 the same terms and conditions as other renewal ap-
2 plicants;
3 (4) up to $7,000,000 shall be for the national
4 homeless data analysis project: Provided further,
5 That notwithstanding the provisions of the Federal
6 Grant and Cooperative Agreements Act of 1977 (31
7 U.S.C. 6301–6308), the amounts made available
8 under this paragraph and any remaining unobligated
9 balances under this heading for such purposes in
10 prior Acts may be used by the Secretary to enter
11 into cooperative agreements with such entities as
12 may be determined by the Secretary, including pub-
13 lic and private organizations, agencies, and institu-
14 tions; and
15 (5) up to $82,000,000 shall be to implement
16 projects to demonstrate how a comprehensive ap-
17 proach to serving homeless youth, age 24 and under,
18 in up to 25 communities with a priority for commu-
19 nities with substantial rural populations in up to
20 eight locations, can dramatically reduce youth home-
21 lessness: Provided further, That of the amount made
22 available under this paragraph, up to $10,000,000
23 shall be to provide technical assistance on improving
24 system responses to youth homelessness, and collec-
25 tion, analysis, use, and reporting of data and per-
December 21, 2020 (12:59 p.m.)

1746
1 formance measures under the comprehensive ap-
2 proaches to serve homeless youth, in addition to and
3 in coordination with other technical assistance funds
4 provided under this title: Provided further, That the
5 Secretary may use up to 10 percent of the amount
6 made available under the previous proviso to build
7 the capacity of current technical assistance providers
8 or to train new technical assistance providers with
9 verifiable prior experience with systems and pro-
10 grams for youth experiencing homelessness:
11 Provided further, That youth aged 24 and under seeking
12 assistance under this heading shall not be required to pro-
13 vide third party documentation to establish their eligibility
14 under subsection (a) or (b) of section 103 of the McKin-
15 ney-Vento Homeless Assistance Act (42 U.S.C. 11302) to
16 receive services: Provided further, That unaccompanied
17 youth aged 24 and under or families headed by youth aged
18 24 and under who are living in unsafe situations may be
19 served by youth-serving providers funded under this head-
20 ing: Provided further, That persons eligible under section
21 103(a)(5) of the McKinney-Vento Homeless Assistance
22 Act may be served by any project funded under this head-
23 ing to provide both transitional housing and rapid re-hous-
24 ing: Provided further, That for all matching funds require-
25 ments applicable to funds made available under this head-
December 21, 2020 (12:59 p.m.)

1747
1 ing for this fiscal year and prior fiscal years, a grantee
2 may use (or could have used) as a source of match funds
3 other funds administered by the Secretary and other Fed-
4 eral agencies unless there is (or was) a specific statutory
5 prohibition on any such use of any such funds: Provided
6 further, That none of the funds made available under this
7 heading shall be available to provide funding for new
8 projects, except for projects created through reallocation,
9 unless the Secretary determines that the continuum of
10 care has demonstrated that projects are evaluated and
11 ranked based on the degree to which they improve the con-
12 tinuum of care’s system performance: Provided further,
13 That any unobligated amounts remaining from funds
14 made available under this heading in fiscal year 2012 and
15 prior years for project-based rental assistance for rehabili-
16 tation projects with 10-year grant terms may be used for
17 purposes under this heading, notwithstanding the pur-
18 poses for which such funds were appropriated: Provided
19 further, That unobligated balances, including recaptures
20 and carryover, remaining from funds transferred to or ap-
21 propriated under this heading in fiscal year 2019 or prior
22 years, except for rental assistance amounts that were re-
23 captured and made available until expended, shall be avail-
24 able for the current purposes authorized under this head-
December 21, 2020 (12:59 p.m.)

1748
1 ing in addition to the purposes for which such funds origi-
2 nally were appropriated.
3 HOUSING PROGRAMS
4 PROJECT-BASED RENTAL ASSISTANCE
5 For activities and assistance for the provision of

6 project-based subsidy contracts under the United States
7 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the
8 Act’’), not otherwise provided for, $13,065,000,000, to re-
9 main available until expended, shall be available on Octo-
10 ber 1, 2020 (in addition to the $400,000,000 previously
11 appropriated under this heading that became available Oc-
12 tober 1, 2020), and $400,000,000, to remain available
13 until expended, shall be available on October 1, 2021: Pro-
14 vided, That the amounts made available under this head-
15 ing shall be available for expiring or terminating section
16 8 project-based subsidy contracts (including section 8
17 moderate rehabilitation contracts), for amendments to sec-
18 tion 8 project-based subsidy contracts (including section
19 8 moderate rehabilitation contracts), for contracts entered
20 into pursuant to section 441 of the McKinney-Vento
21 Homeless Assistance Act (42 U.S.C. 11401), for renewal
22 of section 8 contracts for units in projects that are subject
23 to approved plans of action under the Emergency Low In-
24 come Housing Preservation Act of 1987 or the Low-In-
25 come Housing Preservation and Resident Homeownership
December 21, 2020 (12:59 p.m.)

1749
1 Act of 1990, and for administrative and other expenses
2 associated with project-based activities and assistance
3 funded under this heading: Provided further, That of the
4 total amounts provided under this heading, not to exceed
5 $350,000,000 shall be available for performance-based
6 contract administrators for section 8 project-based assist-
7 ance, for carrying out 42 U.S.C. 1437(f): Provided further,
8 That the Secretary may also use such amounts in the pre-
9 vious proviso for performance-based contract administra-
10 tors for the administration of: interest reduction payments
11 pursuant to section 236(a) of the National Housing Act
12 (12 U.S.C. 1715z–1(a)); rent supplement payments pur-
13 suant to section 101 of the Housing and Urban Develop-
14 ment Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
15 rental assistance payments (12 U.S.C. 1715z–1(f)(2));
16 project rental assistance contracts for the elderly under
17 section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.
18 1701q); project rental assistance contracts for supportive
19 housing for persons with disabilities under section
20 811(d)(2) of the Cranston-Gonzalez National Affordable
21 Housing Act (42 U.S.C. 8013(d)(2)); project assistance
22 contracts pursuant to section 202(h) of the Housing Act
23 of 1959 (Public Law 86–372; 73 Stat. 667); and loans
24 under section 202 of the Housing Act of 1959 (Public Law
25 86–372; 73 Stat. 667): Provided further, That amounts
December 21, 2020 (12:59 p.m.)

1750
1 recaptured under this heading, the heading ‘‘Annual Con-
2 tributions for Assisted Housing’’, or the heading ‘‘Housing
3 Certificate Fund’’, may be used for renewals of or amend-
4 ments to section 8 project-based contracts or for perform-
5 ance-based contract administrators, notwithstanding the
6 purposes for which such amounts were appropriated: Pro-
7 vided further, That, notwithstanding any other provision
8 of law, upon the request of the Secretary, project funds
9 that are held in residual receipts accounts for any project
10 subject to a section 8 project-based Housing Assistance
11 Payments contract that authorizes the Department or a
12 housing finance agency to require that surplus project
13 funds be deposited in an interest-bearing residual receipts
14 account and that are in excess of an amount to be deter-
15 mined by the Secretary, shall be remitted to the Depart-
16 ment and deposited in this account, to be available until
17 expended: Provided further, That amounts deposited pur-
18 suant to the previous proviso shall be available in addition
19 to the amount otherwise provided by this heading for uses
20 authorized under this heading.
21 HOUSING FOR THE ELDERLY
22 For capital advances, including amendments to cap-

23 ital advance contracts, for housing for the elderly, as au-
24 thorized by section 202 of the Housing Act of 1959 (12
25 U.S.C. 1701q), for project rental assistance for the elderly
December 21, 2020 (12:59 p.m.)

1751
1 under section 202(c)(2) of such Act, including amend-
2 ments to contracts for such assistance and renewal of ex-
3 piring contracts for such assistance for up to a 5-year
4 term, for senior preservation rental assistance contracts,
5 including renewals, as authorized by section 811(e) of the
6 American Homeownership and Economic Opportunity Act
7 of 2000 (12 U.S.C. 1701q note), and for supportive serv-
8 ices associated with the housing, $855,000,000 to remain
9 available until September 30, 2024: Provided, That of the
10 amount made available under this heading, up to
11 $125,000,000 shall be for service coordinators and the
12 continuation of existing congregate service grants for resi-
13 dents of assisted housing projects: Provided further, That
15 able for Real Estate Assessment Center inspections and
16 inspection-related activities associated with section 202
17 projects: Provided further, That the Secretary may waive
18 the provisions of section 202 governing the terms and con-
19 ditions of project rental assistance, except that the initial
20 contract term for such assistance shall not exceed 5 years
21 in duration: Provided further, That upon request of the
22 Secretary, project funds that are held in residual receipts
23 accounts for any project subject to a section 202 project
24 rental assistance contract, and that upon termination of
25 such contract are in excess of an amount to be determined
December 21, 2020 (12:59 p.m.)

1752
1 by the Secretary, shall be remitted to the Department and
2 deposited in this account, to remain available until Sep-
3 tember 30, 2024: Provided further, That amounts depos-
4 ited in this account pursuant to the previous proviso shall
5 be available, in addition to the amounts otherwise provided
6 by this heading, for the purposes authorized under this
7 heading: Provided further, That unobligated balances, in-
8 cluding recaptures and carryover, remaining from funds
9 transferred to or appropriated under this heading shall be
10 available for the current purposes authorized under this
11 heading in addition to the purposes for which such funds
12 originally were appropriated: Provided further, That of the
13 total amount made available under this heading, up to
14 $14,000,000 shall be used by the Secretary to continue
15 demonstration programs to test housing with services
16 models for the elderly that demonstrate the potential to
17 delay or avoid the need for nursing home care: Provided
19 this heading, up to $5,000,000 shall be used to expand
20 the supply of intergenerational dwelling units (as such
21 term is defined in section 202 of the Legacy Act of 2003
22 (12 U.S.C. 1701q note)) for elderly caregivers raising chil-
23 dren.
December 21, 2020 (12:59 p.m.)

1753
1 HOUSING FOR PERSONS WITH DISABILITIES
2 For capital advances, including amendments to cap-

3 ital advance contracts, for supportive housing for persons
4 with disabilities, as authorized by section 811 of the Cran-
5 ston-Gonzalez National Affordable Housing Act (42
6 U.S.C. 8013), for project rental assistance for supportive
7 housing for persons with disabilities under section
8 811(d)(2) of such Act, for project assistance contracts
9 pursuant to subsection (h) of section 202 of the Housing
10 Act of 1959, as added by section 205(a) of the Housing
11 and Community Development Amendments of 1978 (Pub-
12 lic Law 95–557: 92 Stat. 2090), including amendments
13 to contracts for such assistance and renewal of expiring
14 contracts for such assistance for up to a 1-year term, for
15 project rental assistance to State housing finance agencies
16 and other appropriate entities as authorized under section
17 811(b)(3) of the Cranston-Gonzalez National Affordable
18 Housing Act, and for supportive services associated with
19 the housing for persons with disabilities as authorized by
20 section 811(b)(1) of such Act, $227,000,000, to remain
21 available until September 30, 2024: Provided, That
23 able for Real Estate Assessment Center inspections and
24 inspection-related activities associated with section 811
25 projects: Provided further, That, upon the request of the
December 21, 2020 (12:59 p.m.)

1754
1 Secretary, project funds that are held in residual receipts
2 accounts for any project subject to a section 811 project
3 rental assistance contract, and that upon termination of
4 such contract are in excess of an amount to be determined
5 by the Secretary, shall be remitted to the Department and
6 deposited in this account, to remain available until Sep-
7 tember 30, 2024: Provided further, That amounts depos-
8 ited in this account pursuant to the previous proviso shall
9 be available in addition to the amounts otherwise provided
10 by this heading for the purposes authorized under this
11 heading: Provided further, That unobligated balances, in-
12 cluding recaptures and carryover, remaining from funds
13 transferred to or appropriated under this heading shall be
14 used for the current purposes authorized under this head-
15 ing in addition to the purposes for which such funds origi-
16 nally were appropriated.
17 HOUSING COUNSELING ASSISTANCE
18 For contracts, grants, and other assistance excluding

19 loans, as authorized under section 106 of the Housing and
20 Urban Development Act of 1968, as amended,
22 2022, including up to $4,500,000 for administrative con-
23 tract services: Provided, That funds shall be used for pro-
24 viding counseling and advice to tenants and homeowners,
25 both current and prospective, with respect to property
December 21, 2020 (12:59 p.m.)

1755
1 maintenance, financial management or literacy, and such
2 other matters as may be appropriate to assist them in im-
3 proving their housing conditions, meeting their financial
4 needs, and fulfilling the responsibilities of tenancy or
5 homeownership; for program administration; and for hous-
6 ing counselor training: Provided further, That for purposes
7 of providing such grants from amounts provided under
8 this heading, the Secretary may enter into multiyear
9 agreements, as appropriate, subject to the availability of
10 annual appropriations: Provided further, That an addi-
11 tional $20,000,000 (not subject to such section 106), to
12 remain available until September 30, 2023, shall be for
13 competitive grants to nonprofit or governmental entities
14 to provide legal assistance (including assistance related to
15 pretrial activities, trial activities, post-trial activities and
16 alternative dispute resolution) at no cost to eligible low-
17 income tenants at risk of or subject to eviction: Provided
18 further, That in awarding grants under the preceding pro-
19 viso, the Secretary shall give preference to applicants that
20 include a marketing strategy for residents of areas with
21 high rates of eviction, have experience providing no-cost
22 legal assistance to low-income individuals, including those
23 with limited English proficiency or disabilities, and have
24 sufficient capacity to administer such assistance: Provided
25 further, That the Secretary shall ensure, to the extent
December 21, 2020 (12:59 p.m.)

1756
1 practicable, that the proportion of eligible tenants living
2 in rural areas who will receive legal assistance with grant
3 funds made available under this heading is not less than
4 the overall proportion of eligible tenants who live in rural
5 areas.
6 PAYMENT TO MANUFACTURED HOUSING FEES TRUST
7 FUND
8 For necessary expenses as authorized by the National

9 Manufactured Housing Construction and Safety Stand-
10 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to
12 $13,000,000 shall be derived from the Manufactured
13 Housing Fees Trust Fund (established under section
14 620(e) of such Act (42 U.S.C. 5419(e)): Provided, That
15 not to exceed the total amount appropriated under this
16 heading shall be available from the general fund of the
17 Treasury to the extent necessary to incur obligations and
18 make expenditures pending the receipt of collections to the
19 Fund pursuant to section 620 of such Act: Provided fur-
20 ther, That the amount made available under this heading
21 from the general fund shall be reduced as such collections
22 are received during fiscal year 2021 so as to result in a
23 final fiscal year 2021 appropriation from the general fund
24 estimated at zero, and fees pursuant to such section 620
25 shall be modified as necessary to ensure such a final fiscal
December 21, 2020 (12:59 p.m.)

1757
1 year 2021 appropriation: Provided further, That for the
2 dispute resolution and installation programs, the Sec-
3 retary may assess and collect fees from any program par-
4 ticipant: Provided further, That such collections shall be
5 deposited into the Trust Fund, and the Secretary, as pro-
6 vided herein, may use such collections, as well as fees col-
7 lected under section 620 of such Act, for necessary ex-
8 penses of such Act: Provided further, That, notwith-
9 standing the requirements of section 620 of such Act, the
10 Secretary may carry out responsibilities of the Secretary
11 under such Act through the use of approved service pro-
12 viders that are paid directly by the recipients of their serv-
13 ices.
14 FEDERAL HOUSING ADMINISTRATION
15 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
16 New commitments to guarantee single family loans

17 insured under the Mutual Mortgage Insurance Fund shall
18 not exceed $400,000,000,000, to remain available until
19 September 30, 2022: Provided, That during fiscal year
20 2021, obligations to make direct loans to carry out the
21 purposes of section 204(g) of the National Housing Act,
22 as amended, shall not exceed $1,000,000: Provided fur-
23 ther, That the foregoing amount in the previous proviso
24 shall be for loans to nonprofit and governmental entities
25 in connection with sales of single family real properties
December 21, 2020 (12:59 p.m.)

1758
1 owned by the Secretary and formerly insured under the
2 Mutual Mortgage Insurance Fund: Provided further, That
3 for administrative contract expenses of the Federal Hous-
4 ing Administration, $130,000,000, to remain available
5 until September 30, 2022: Provided further, That to the
6 extent guaranteed loan commitments exceed
7 $200,000,000,000 on or before April 1, 2021, an addi-
8 tional $1,400 for administrative contract expenses shall be
9 available for each $1,000,000 in additional guaranteed
10 loan commitments (including a pro rata amount for any
11 amount below $1,000,000), but in no case shall funds
12 made available by this proviso exceed $30,000,000: Pro-
13 vided further, That notwithstanding the limitation in the
14 first sentence of section 255(g) of the National Housing
15 Act (12 U.S.C. 1715z–20(g)), during fiscal year 2021 the
16 Secretary may insure and enter into new commitments to
17 insure mortgages under section 255 of the National Hous-
18 ing Act only to the extent that the net credit subsidy cost
19 for such insurance does not exceed zero.
20 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
21 New commitments to guarantee loans insured under

22 the General and Special Risk Insurance Funds, as author-
23 ized by sections 238 and 519 of the National Housing Act
24 (12 U.S.C. 1715z–3 and 1735c), shall not exceed
25 $30,000,000,000 in total loan principal, any part of which
December 21, 2020 (12:59 p.m.)

1759
1 is to be guaranteed, to remain available until September
2 30, 2022: Provided, That during fiscal year 2021, gross
3 obligations for the principal amount of direct loans, as au-
4 thorized by sections 204(g), 207(l), 238, and 519(a) of
5 the National Housing Act, shall not exceed $1,000,000,
6 which shall be for loans to nonprofit and governmental en-
7 tities in connection with the sale of single family real prop-
8 erties owned by the Secretary and formerly insured under
9 such Act.
10 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
11 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN
12 GUARANTEE PROGRAM ACCOUNT
13 New commitments to issue guarantees to carry out

14 the purposes of section 306 of the National Housing Act,
15 as amended (12 U.S.C. 1721(g)), shall not exceed
16 $1,300,000,000,000, to remain available until September
17 30, 2022: Provided, That $33,500,000, to remain avail-
18 able until September 30, 2022, shall be for necessary sala-
19 ries and expenses of the Office of Government National
20 Mortgage Association: Provided further, That to the extent
21 that guaranteed loan commitments exceed
22 $155,000,000,000 on or before April 1, 2021, an addi-
23 tional $100 for necessary salaries and expenses shall be
24 available until expended for each $1,000,000 in additional
25 guaranteed loan commitments (including a pro rata
December 21, 2020 (12:59 p.m.)

1760
1 amount for any amount below $1,000,000), but in no case
2 shall funds made available by this proviso exceed
3 $3,000,000: Provided further, That receipts from Commit-
4 ment and Multiclass fees collected pursuant to title III of
5 the National Housing Act (12 U.S.C. 1716 et seq.) shall
6 be credited as offsetting collections to this account.
7 POLICY DEVELOPMENT AND RESEARCH
8 RESEARCH AND TECHNOLOGY
9 For contracts, grants, and necessary expenses of pro-

10 grams of research and studies relating to housing and
11 urban problems, not otherwise provided for, as authorized
12 by title V of the Housing and Urban Development Act
13 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying
14 out the functions of the Secretary of Housing and Urban
15 Development under section 1(a)(1)(i) of Reorganization
16 Plan No. 2 of 1968, and for technical assistance,
18 2022: Provided, That with respect to amounts made avail-
19 able under this heading, notwithstanding section 203 of
20 this title, the Secretary may enter into cooperative agree-
21 ments with philanthropic entities, other Federal agencies,
22 State or local governments and their agencies, Indian
23 Tribes, tribally designated housing entities, or colleges or
24 universities for research projects: Provided further, That
25 with respect to the preceding proviso, such partners to the
December 21, 2020 (12:59 p.m.)

1761
1 cooperative agreements shall contribute at least a 50 per-
2 cent match toward the cost of the project: Provided fur-
3 ther, That for non-competitive agreements entered into in
4 accordance with the preceding two provisos, the Secretary
5 shall comply with section 2(b) of the Federal Funding Ac-
6 countability and Transparency Act of 2006 (Public Law
7 109–282, 31 U.S.C. note) in lieu of compliance with sec-
8 tion 102(a)(4)(C) of the Department of Housing and
9 Urban Development Reform Act of 1989 (42 U.S.C.
10 3545(a)(4)(C)) with respect to documentation of award
11 decisions: Provided further, That prior to obligation of
12 technical assistance funding, the Secretary shall submit a
13 plan to the House and Senate Committees on Appropria-
14 tions on how the Secretary will allocate funding for this
15 activity at least 30 days prior to obligation: Provided fur-
16 ther, That none of the funds provided under this heading
17 may be available for the doctoral dissertation research
18 grant program.
19 FAIR HOUSING AND EQUAL OPPORTUNITY
20 FAIR HOUSING ACTIVITIES
21 For contracts, grants, and other assistance, not oth-

22 erwise provided for, as authorized by title VIII of the Civil
23 Rights Act of 1968 (42 U.S.C. 3601 et seq.), and section
24 561 of the Housing and Community Development Act of
25 1987 (42 U.S.C. 3616a), $72,555,000, to remain available
December 21, 2020 (12:59 p.m.)

1762
1 until September 30, 2022: Provided, That notwithstanding
2 section 3302 of title 31, United States Code, the Secretary
3 may assess and collect fees to cover the costs of the Fair
4 Housing Training Academy, and may use such funds to
5 develop on-line courses and provide such training: Pro-
6 vided further, That none of the funds made available under
7 this heading may be used to lobby the executive or legisla-
8 tive branches of the Federal Government in connection
9 with a specific contract, grant, or loan: Provided further,
10 That of the funds made available under this heading,
11 $350,000 shall be available to the Secretary for the cre-
12 ation and promotion of translated materials and other pro-
13 grams that support the assistance of persons with limited
14 English proficiency in utilizing the services provided by
15 the Department of Housing and Urban Development.
16 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY
17 HOMES
18 LEAD HAZARD REDUCTION
20 For the Lead Hazard Reduction Program, as author-

21 ized by section 1011 of the Residential Lead-Based Paint
22 Hazard Reduction Act of 1992, $360,000,000, to remain
23 available until September 30, 2023, of which $60,000,000
24 shall be for the Healthy Homes Initiative, pursuant to sec-
25 tions 501 and 502 of the Housing and Urban Develop-
December 21, 2020 (12:59 p.m.)

1763
1 ment Act of 1970, which shall include research, studies,
2 testing, and demonstration efforts, including education
3 and outreach concerning lead-based paint poisoning and
4 other housing-related diseases and hazards: Provided,
5 That for purposes of environmental review, pursuant to
6 the National Environmental Policy Act of 1969 (42 U.S.C.
7 4321 et seq.) and other provisions of law that further the
8 purposes of such Act, a grant under the Healthy Homes
9 Initiative, or the Lead Technical Studies program under
10 this heading or under prior appropriations Acts for such
11 purposes under this heading, shall be considered to be
12 funds for a special project for purposes of section 305(c)
13 of the Multifamily Housing Property Disposition Reform
14 Act of 1994: Provided further, That not less than
15 $95,000,000 of the amounts made available under this
16 heading for the award of grants pursuant to section 1011
17 of the Residential Lead-Based Paint Hazard Reduction
18 Act of 1992 shall be provided to areas with the highest
19 lead-based paint abatement needs: Provided further, That
20 with respect to obligated amounts appropriated under this
21 heading in title II of division G of the Consolidated Appro-
22 priations Act, 2019 (Public Law 116–6) for the implemen-
23 tation of projects to demonstrate how intensive, extended,
24 multi-year interventions can dramatically reduce the pres-
25 ence of lead-based paint hazards in communities: (1) such
December 21, 2020 (12:59 p.m.)

1764
1 projects may serve more than four contiguous census
2 tracts; (2) such projects shall allow for enrollment of fami-
3 lies and homes within the community beyond where the
4 initially targeted census tracts were located, provided that
5 such projects meet the highest lead-based paint abatement
6 needs, as determined by the Secretary; and (3) such
7 projects may exceed 5 years in duration, notwithstanding
8 any inconsistent requirements: Provided further, That of
9 the amount made available for the Healthy Homes Initia-
10 tive, $5,000,000 shall be for the implementation of
11 projects in up to five communities that are served by both
12 the Healthy Homes Initiative and the Department of En-
13 ergy weatherization programs to demonstrate whether the
14 coordination of Healthy Homes remediation activities with
15 weatherization activities achieves cost savings and better
16 outcomes in improving the safety and quality of homes:
17 Provided further, That each applicant for a grant or coop-
18 erative agreement under this heading shall certify ade-
19 quate capacity that is acceptable to the Secretary to carry
20 out the proposed use of funds pursuant to a notice of
21 funding availability: Provided further, That of the amounts
22 made available under this heading, $10,000,000 shall be
23 for a program established by the Secretary to make grants
24 to experienced non-profit organizations, States, local gov-
25 ernments, or public housing agencies for safety and func-
December 21, 2020 (12:59 p.m.)

1765
1 tional home modification repairs to meet the needs of low-
2 income elderly homeowners to enable them to remain in
3 their primary residence: Provided further, That of the total
4 amount made available under the previous proviso, no less
5 than $5,000,000 shall be available to meet such needs in
6 communities with substantial rural populations: Provided
7 further, That amounts made available under this heading,
8 except for amounts in the previous two provisos, in this
9 or prior appropriations Acts, still remaining available, may
10 be used for any purpose under this heading notwith-
11 standing the purpose for which such amounts were appro-
12 priated if a program competition is undersubscribed and
13 there are other program competitions under this heading
14 that are oversubscribed: Provided further, That up to
16 heading may be transferred to the heading ‘‘Policy Devel-
17 opment and Research’’ for the purposes of conducting re-
18 search and studies and for use in accordance with the pro-
19 visos under that heading for non-competitive agreements.
20 INFORMATION TECHNOLOGY FUND
21 For the development, modernization, and enhance-
22 ment of, modifications to, and infrastructure for Depart-
23 ment-wide and program-specific information technology
24 systems, for the continuing operation and maintenance of
25 both Department-wide and program-specific information
December 21, 2020 (12:59 p.m.)

1766
1 systems, and for program-related maintenance activities,
5 That any amounts transferred to this Fund under this Act
7 That any amounts transferred to this Fund from amounts
8 appropriated by previously enacted appropriations Acts
9 may be used for the purposes specified under this Fund,
10 in addition to any other information technology purposes
11 for which such amounts were appropriated: Provided fur-
12 ther, That not more than 10 percent of the funds made
13 available under this heading for development, moderniza-
14 tion, and enhancement may be obligated until the Sec-
15 retary submits a performance plan to the House and Sen-
16 ate Committees on Appropriations for approval.
18 For necessary salaries and expenses of the Office of
19 Inspector General in carrying out the Inspector General
20 Act of 1978, as amended, $135,514,000: Provided, That
21 the Inspector General shall have independent authority
22 over all personnel issues within this office: Provided fur-
23 ther, That for this fiscal year and each fiscal year there-
24 after, subject to appropriations for that purpose, the Of-
25 fice of Inspector General shall procure and rely upon the
December 21, 2020 (12:59 p.m.)

1767
1 services of an independent external auditor(s) to audit the
2 financial statements of the Department of Housing and
3 Urban Development, including the consolidated financial
4 statement and the financial statements of the Federal
5 Housing Administration and the Government National
6 Mortgage Association: Provided further, That in addition
7 to amounts under this heading otherwise available for the
8 purposes specified in the previous proviso, $1,686,000
9 shall be available only for such specified purposes.
10 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND
11 URBAN DEVELOPMENT
14 SEC. 201. Fifty percent of the amounts of budget au-

15 thority, or in lieu thereof 50 percent of the cash amounts
16 associated with such budget authority, that are recaptured
17 from projects described in section 1012(a) of the Stewart
18 B. McKinney Homeless Assistance Amendments Act of
19 1988 (42 U.S.C. 1437f note) shall be rescinded or in the
20 case of cash, shall be remitted to the Treasury, and such
21 amounts of budget authority or cash recaptured and not
22 rescinded or remitted to the Treasury shall be used by
23 State housing finance agencies or local governments or
24 local housing agencies with projects approved by the Sec-
25 retary of Housing and Urban Development for which set-
December 21, 2020 (12:59 p.m.)

1768
1 tlement occurred after January 1, 1992, in accordance
2 with such section. Notwithstanding the previous sentence,
3 the Secretary may award up to 15 percent of the budget
4 authority or cash recaptured and not rescinded or remitted
5 to the Treasury to provide project owners with incentives
6 to refinance their project at a lower interest rate.
8 Act may be used during fiscal year 2021 to investigate
9 or prosecute under the Fair Housing Act any otherwise
10 lawful activity engaged in by one or more persons, includ-
11 ing the filing or maintaining of a nonfrivolous legal action,
12 that is engaged in solely for the purpose of achieving or
13 preventing action by a Government official or entity, or
14 a court of competent jurisdiction.
15 SEC. 203. Except as explicitly provided in law, any
16 grant, cooperative agreement or other assistance made
17 pursuant to title II of this Act shall be made on a competi-
18 tive basis and in accordance with section 102 of the De-
19 partment of Housing and Urban Development Reform Act
20 of 1989 (42 U.S.C. 3545).
21 SEC. 204. Funds of the Department of Housing and
22 Urban Development subject to the Government Corpora-
23 tion Control Act or section 402 of the Housing Act of
24 1950 shall be available, without regard to the limitations
25 on administrative expenses, for legal services on a contract
December 21, 2020 (12:59 p.m.)

1769
1 or fee basis, and for utilizing and making payment for
2 services and facilities of the Federal National Mortgage
3 Association, Government National Mortgage Association,
4 Federal Home Loan Mortgage Corporation, Federal Fi-
5 nancing Bank, Federal Reserve banks or any member
6 thereof, Federal Home Loan banks, and any insured bank
7 within the meaning of the Federal Deposit Insurance Cor-
8 poration Act, as amended (12 U.S.C. 1811–1).
9 SEC. 205. Unless otherwise provided for in this Act
10 or through a reprogramming of funds, no part of any ap-
11 propriation for the Department of Housing and Urban
12 Development shall be available for any program, project
13 or activity in excess of amounts set forth in the budget
14 estimates submitted to Congress.
15 SEC. 206. Corporations and agencies of the Depart-
16 ment of Housing and Urban Development which are sub-
17 ject to the Government Corporation Control Act are here-
18 by authorized to make such expenditures, within the limits
19 of funds and borrowing authority available to each such
20 corporation or agency and in accordance with law, and to
21 make such contracts and commitments without regard to
22 fiscal year limitations as provided by section 104 of such
23 Act as may be necessary in carrying out the programs set
24 forth in the budget for 2021 for such corporation or agen-
25 cy except as hereinafter provided: Provided, That collec-
December 21, 2020 (12:59 p.m.)

1770
1 tions of these corporations and agencies may be used for
2 new loan or mortgage purchase commitments only to the
3 extent expressly provided for in this Act (unless such loans
4 are in support of other forms of assistance provided for
5 in this or prior appropriations Acts), except that this pro-
6 viso shall not apply to the mortgage insurance or guaranty
7 operations of these corporations, or where loans or mort-
8 gage purchases are necessary to protect the financial in-
9 terest of the United States Government.
10 SEC. 207. The Secretary shall provide quarterly re-
11 ports to the House and Senate Committees on Appropria-
12 tions regarding all uncommitted, unobligated, recaptured
13 and excess funds in each program and activity within the
14 jurisdiction of the Department and shall submit addi-
15 tional, updated budget information to these Committees
16 upon request.
18 title may be used for an audit of the Government National
19 Mortgage Association that makes applicable requirements
20 under the Federal Credit Reform Act of 1990 (2 U.S.C.
21 661 et seq.).
23 of law, subject to the conditions listed under this section,
24 for fiscal years 2021 and 2022, the Secretary of Housing
25 and Urban Development may authorize the transfer of
December 21, 2020 (12:59 p.m.)

1771
1 some or all project-based assistance, debt held or insured
2 by the Secretary and statutorily required low-income and
3 very low-income use restrictions if any, associated with one
4 or more multifamily housing project or projects to another
5 multifamily housing project or projects.
6 (b) PHASED TRANSFERS.—Transfers of project-
7 based assistance under this section may be done in phases
8 to accommodate the financing and other requirements re-
9 lated to rehabilitating or constructing the project or
10 projects to which the assistance is transferred, to ensure
11 that such project or projects meet the standards under
12 subsection (c).
13 (c) The transfer authorized in subsection (a) is sub-
14 ject to the following conditions:
15 (1) NUMBER AND BEDROOM SIZE OF UNITS.—
16 (A) For occupied units in the transferring

17 project: The number of low-income and very
18 low-income units and the configuration (i.e.,
19 bedroom size) provided by the transferring
20 project shall be no less than when transferred
21 to the receiving project or projects and the net
22 dollar amount of Federal assistance provided to
23 the transferring project shall remain the same
24 in the receiving project or projects.
December 21, 2020 (12:59 p.m.)

1772
1 (B) For unoccupied units in the transfer-
2 ring project: The Secretary may authorize a re-
3 duction in the number of dwelling units in the
4 receiving project or projects to allow for a re-
5 configuration of bedroom sizes to meet current
6 market demands, as determined by the Sec-
7 retary and provided there is no increase in the
8 project-based assistance budget authority.
9 (2) The transferring project shall, as deter-
10 mined by the Secretary, be either physically obsolete
11 or economically nonviable, or be reasonably expected
12 to become economically nonviable when complying
13 with state or Federal requirements for community
14 integration and reduced concentration of individuals
15 with disabilities.
16 (3) The receiving project or projects shall meet
17 or exceed applicable physical standards established
18 by the Secretary.
19 (4) The owner or mortgagor of the transferring
20 project shall notify and consult with the tenants re-
21 siding in the transferring project and provide a cer-
22 tification of approval by all appropriate local govern-
23 mental officials.
24 (5) The tenants of the transferring project who
25 remain eligible for assistance to be provided by the
December 21, 2020 (12:59 p.m.)

1773
1 receiving project or projects shall not be required to
2 vacate their units in the transferring project or
3 projects until new units in the receiving project are
4 available for occupancy.
5 (6) The Secretary determines that this transfer
6 is in the best interest of the tenants.
7 (7) If either the transferring project or the re-
8 ceiving project or projects meets the condition speci-
9 fied in subsection (d)(2)(A), any lien on the receiv-
10 ing project resulting from additional financing ob-
11 tained by the owner shall be subordinate to any
12 FHA-insured mortgage lien transferred to, or placed
13 on, such project by the Secretary, except that the
14 Secretary may waive this requirement upon deter-
15 mination that such a waiver is necessary to facilitate
16 the financing of acquisition, construction, and/or re-
17 habilitation of the receiving project or projects.
18 (8) If the transferring project meets the re-
19 quirements of subsection (d)(2), the owner or mort-
20 gagor of the receiving project or projects shall exe-
21 cute and record either a continuation of the existing
22 use agreement or a new use agreement for the
23 project where, in either case, any use restrictions in
24 such agreement are of no lesser duration than the
25 existing use restrictions.
December 21, 2020 (12:59 p.m.)

1774
1 (9) The transfer does not increase the cost (as
2 defined in section 502 of the Congressional Budget
3 Act of 1974(2 U.S.C. 661a)) of any FHA-insured
4 mortgage, except to the extent that appropriations
5 are provided in advance for the amount of any such
6 increased cost.
7 (d) For purposes of this section—
8 (1) the terms ‘‘low-income’’ and ‘‘very low-in-
9 come’’ shall have the meanings provided by the stat-
10 ute and/or regulations governing the program under
11 which the project is insured or assisted;
12 (2) the term ‘‘multifamily housing project’’
13 means housing that meets one of the following con-
14 ditions—
15 (A) housing that is subject to a mortgage
16 insured under the National Housing Act;
17 (B) housing that has project-based assist-
18 ance attached to the structure including
19 projects undergoing mark to market debt re-
20 structuring under the Multifamily Assisted
21 Housing Reform and Affordability Housing Act;
22 (C) housing that is assisted under section
23 202 of the Housing Act of 1959 (12 U.S.C.
24 1701q);
December 21, 2020 (12:59 p.m.)

1775
1 (D) housing that is assisted under section
2 202 of the Housing Act of 1959 (12 U.S.C.
3 1701q), as such section existed before the en-
4 actment of the Cranston-Gonzales National Af-
5 fordable Housing Act;
6 (E) housing that is assisted under section
7 811 of the Cranston-Gonzales National Afford-
8 able Housing Act (42 U.S.C. 8013); or
9 (F) housing or vacant land that is subject
10 to a use agreement;
11 (3) the term ‘‘project-based assistance’’
12 means—
13 (A) assistance provided under section 8(b)
14 of the United States Housing Act of 1937 (42
15 U.S.C. 1437f(b));
16 (B) assistance for housing constructed or
17 substantially rehabilitated pursuant to assist-
18 ance provided under section 8(b)(2) of such Act
19 (as such section existed immediately before Oc-
20 tober 1, 1983);
21 (C) rent supplement payments under sec-
22 tion 101 of the Housing and Urban Develop-
23 ment Act of 1965 (12 U.S.C. 1701s);
24 (D) interest reduction payments under sec-
25 tion 236 and/or additional assistance payments
December 21, 2020 (12:59 p.m.)

1776
1 under section 236(f)(2) of the National Hous-
2 ing Act (12 U.S.C. 1715z–1);
3 (E) assistance payments made under sec-
4 tion 202(c)(2) of the Housing Act of 1959 (12
5 U.S.C. 1701q(c)(2)); and
6 (F) assistance payments made under sec-
7 tion 811(d)(2) of the Cranston-Gonzalez Na-
8 tional Affordable Housing Act (42 U.S.C.
9 8013(d)(2));
10 (4) the term ‘‘receiving project or projects’’
11 means the multifamily housing project or projects to
12 which some or all of the project-based assistance,
13 debt, and statutorily required low-income and very
14 low-income use restrictions are to be transferred;
15 (5) the term ‘‘transferring project’’ means the
16 multifamily housing project which is transferring
17 some or all of the project-based assistance, debt, and
18 the statutorily required low-income and very low-in-
19 come use restrictions to the receiving project or
20 projects; and
21 (6) the term ‘‘Secretary’’ means the Secretary
22 of Housing and Urban Development.
23 (e) RESEARCH REPORT.—The Secretary shall con-
24 duct an evaluation of the transfer authority under this sec-
25 tion, including the effect of such transfers on the oper-
December 21, 2020 (12:59 p.m.)

1777
1 ational efficiency, contract rents, physical and financial
2 conditions, and long-term preservation of the affected
3 properties.
4 SEC. 210. (a) No assistance shall be provided under
5 section 8 of the United States Housing Act of 1937 (42
6 U.S.C. 1437f) to any individual who—
7 (1) is enrolled as a student at an institution of
8 higher education (as defined under section 102 of
9 the Higher Education Act of 1965 (20 U.S.C.
10 1002));
11 (2) is under 24 years of age;
12 (3) is not a veteran;
13 (4) is unmarried;
14 (5) does not have a dependent child;
15 (6) is not a person with disabilities, as such
16 term is defined in section 3(b)(3)(E) of the United
17 States Housing Act of 1937 (42 U.S.C.
18 1437a(b)(3)(E)) and was not receiving assistance
19 under such section 8 as of November 30, 2005;
20 (7) is not a youth who left foster care at age
21 14 or older and is at risk of becoming homeless; and
22 (8) is not otherwise individually eligible, or has
23 parents who, individually or jointly, are not eligible,
24 to receive assistance under section 8 of the United
25 States Housing Act of 1937 (42 U.S.C. 1437f).
December 21, 2020 (12:59 p.m.)

1778
1 (b) For purposes of determining the eligibility of a
2 person to receive assistance under section 8 of the United
3 States Housing Act of 1937 (42 U.S.C. 1437f), any finan-
4 cial assistance (in excess of amounts received for tuition
5 and any other required fees and charges) that an indi-
6 vidual receives under the Higher Education Act of 1965
7 (20 U.S.C. 1001 et seq.), from private sources, or from
8 an institution of higher education (as defined under sec-
9 tion 102 of the Higher Education Act of 1965 (20 U.S.C.
10 1002)), shall be considered income to that individual, ex-
11 cept for a person over the age of 23 with dependent chil-
12 dren.
13 SEC. 211. The funds made available for Native Alas-
14 kans under paragraph (1) under the heading ‘‘Native
15 American Programs’’ in title II of this Act shall be allo-
16 cated to the same Native Alaskan housing block grant re-
17 cipients that received funds in fiscal year 2005, and only
18 such recipients shall be eligible to apply for funds made
19 available under paragraph (2) of such heading.
21 law, in fiscal year 2021, in managing and disposing of any
22 multifamily property that is owned or has a mortgage held
23 by the Secretary of Housing and Urban Development, and
24 during the process of foreclosure on any property with a
25 contract for rental assistance payments under section 8
December 21, 2020 (12:59 p.m.)

1779
1 of the United States Housing Act of 1937 (42 U.S.C.
2 1437f) or any other Federal programs, the Secretary shall
3 maintain any rental assistance payments under section 8
4 of the United States Housing Act of 1937 and other pro-
5 grams that are attached to any dwelling units in the prop-
6 erty. To the extent the Secretary determines, in consulta-
7 tion with the tenants and the local government that such
8 a multifamily property owned or having a mortgage held
9 by the Secretary is not feasible for continued rental assist-
10 ance payments under such section 8 or other programs,
11 based on consideration of (1) the costs of rehabilitating
12 and operating the property and all available Federal,
13 State, and local resources, including rent adjustments
14 under section 524 of the Multifamily Assisted Housing
15 Reform and Affordability Act of 1997 (‘‘MAHRAA’’) (42
16 U.S.C. 1437f note), and (2) environmental conditions that
17 cannot be remedied in a cost-effective fashion, the Sec-
18 retary may, in consultation with the tenants of that prop-
19 erty, contract for project-based rental assistance payments
20 with an owner or owners of other existing housing prop-
21 erties, or provide other rental assistance. The Secretary
22 shall also take appropriate steps to ensure that project-
23 based contracts remain in effect prior to foreclosure, sub-
24 ject to the exercise of contractual abatement remedies to
25 assist relocation of tenants for imminent major threats to
December 21, 2020 (12:59 p.m.)

1780
1 health and safety after written notice to and informed con-
2 sent of the affected tenants and use of other available rem-
3 edies, such as partial abatements or receivership. After
4 disposition of any multifamily property described in this
5 section, the contract and allowable rent levels on such
6 properties shall be subject to the requirements under sec-
7 tion 524 of MAHRAA.
8 SEC. 213. Public housing agencies that own and oper-
9 ate 400 or fewer public housing units may elect to be ex-
10 empt from any asset management requirement imposed by
11 the Secretary in connection with the operating fund rule:
12 Provided, That an agency seeking a discontinuance of a
13 reduction of subsidy under the operating fund formula
14 shall not be exempt from asset management requirements.
15 SEC. 214. With respect to the use of amounts pro-
16 vided in this Act and in future Acts for the operation, cap-
17 ital improvement, and management of public housing as
18 authorized by sections 9(d) and 9(e) of the United States
19 Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the Sec-
20 retary shall not impose any requirement or guideline relat-
21 ing to asset management that restricts or limits in any
22 way the use of capital funds for central office costs pursu-
23 ant to paragraph (1) or (2) of section 9(g) of the United
24 States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
25 Provided, That a public housing agency may not use cap-
December 21, 2020 (12:59 p.m.)

1781
1 ital funds authorized under section 9(d) for activities that
2 are eligible under section 9(e) for assistance with amounts
3 from the operating fund in excess of the amounts per-
4 mitted under paragraph (1) or (2) of section 9(g).
5 SEC. 215. No official or employee of the Department
6 of Housing and Urban Development shall be designated
7 as an allotment holder unless the Office of the Chief Fi-
8 nancial Officer has determined that such allotment holder
9 has implemented an adequate system of funds control and
10 has received training in funds control procedures and di-
11 rectives. The Chief Financial Officer shall ensure that
12 there is a trained allotment holder for each HUD appro-
13 priation under the accounts ‘‘Executive Offices’’, ‘‘Admin-
14 istrative Support Offices’’, ‘‘Program Offices’’, ‘‘Govern-
15 ment National Mortgage Association—Guarantees of
16 Mortgage-Backed Securities Loan Guarantee Program
17 Account’’, and ‘‘Office of Inspector General’’ within the
18 Department of Housing and Urban Development.
19 SEC. 216. The Secretary shall, for fiscal year 2021,
20 notify the public through the Federal Register and other
21 means, as determined appropriate, of the issuance of a no-
22 tice of the availability of assistance or notice of funding
23 availability (NOFA) for any program or discretionary
24 fund administered by the Secretary that is to be competi-
25 tively awarded. Notwithstanding any other provision of
December 21, 2020 (12:59 p.m.)

1782
1 law, for fiscal year 2021, the Secretary may make the
2 NOFA available only on the Internet at the appropriate
3 Government website or through other electronic media, as
4 determined by the Secretary.
5 SEC. 217. Payment of attorney fees in program-re-
6 lated litigation shall be paid from the individual program
7 office and Office of General Counsel salaries and expenses
8 appropriations. The annual budget submission for the pro-
9 gram offices and the Office of General Counsel shall in-
10 clude any such projected litigation costs for attorney fees
11 as a separate line item request.
12 SEC. 218. The Secretary is authorized to transfer up
13 to 10 percent or $5,000,000, whichever is less, of funds
14 appropriated for any office under the headings ‘‘Adminis-
15 trative Support Offices’’ or ‘‘Program Offices’’ to any
16 other such office under such headings: Provided, That no
17 appropriation for any such office under such headings
18 shall be increased or decreased by more than 10 percent
19 or $5,000,000, whichever is less, without prior written ap-
20 proval of the House and Senate Committees on Appropria-
21 tions: Provided further, That the Secretary shall provide
22 notification to such Committees 3 business days in ad-
23 vance of any such transfers under this section up to 10
24 percent or $5,000,000, whichever is less.
December 21, 2020 (12:59 p.m.)

1783
1 SEC. 219. (a) Any entity receiving housing assistance
2 payments shall maintain decent, safe, and sanitary condi-
3 tions, as determined by the Secretary, and comply with
4 any standards under applicable State or local laws, rules,
5 ordinances, or regulations relating to the physical condi-
6 tion of any property covered under a housing assistance
7 payment contract.
8 (b) The Secretary shall take action under subsection
9 (c) when a multifamily housing project with a contract
10 under section 8 of the United States Housing Act of 1937
11 (42 U.S.C. 1437f) or a contract for similar project-based
12 assistance—
13 (1) receives a Uniform Physical Condition
14 Standards (UPCS) score of 60 or less; or
15 (2) fails to certify in writing to the Secretary
16 within 3 days that all Exigent Health and Safety de-
17 ficiencies identified by the inspector at the project
18 have been corrected.
19 Such requirements shall apply to insured and noninsured
20 projects with assistance attached to the units under sec-
21 tion 8 of the United States Housing Act of 1937 (42
22 U.S.C. 1437f), but shall not apply to such units assisted
23 under section 8(o)(13) of such Act (42 U.S.C.
24 1437f(o)(13)) or to public housing units assisted with cap-
December 21, 2020 (12:59 p.m.)

1784
1 ital or operating funds under section 9 of the United
2 States Housing Act of 1937 (42 U.S.C. 1437g).
3 (c)(1) Within 15 days of the issuance of the Real Es-
4 tate Assessment Center (‘‘REAC’’) inspection, the Sec-
5 retary shall provide the owner with a Notice of Default
6 with a specified timetable, determined by the Secretary,
7 for correcting all deficiencies. The Secretary shall provide
8 a copy of the Notice of Default to the tenants, the local
9 government, any mortgagees, and any contract adminis-
10 trator. If the owner’s appeal results in a UPCS score of
11 60 or above, the Secretary may withdraw the Notice of
12 Default.
13 (2) At the end of the time period for correcting all
14 deficiencies specified in the Notice of Default, if the owner
15 fails to fully correct such deficiencies, the Secretary may—
16 (A) require immediate replacement of project
17 management with a management agent approved by
18 the Secretary;
19 (B) impose civil money penalties, which shall be
20 used solely for the purpose of supporting safe and
21 sanitary conditions at applicable properties, as des-
22 ignated by the Secretary, with priority given to the
23 tenants of the property affected by the penalty;
December 21, 2020 (12:59 p.m.)

1785
1 (C) abate the section 8 contract, including par-
2 tial abatement, as determined by the Secretary, until
3 all deficiencies have been corrected;
4 (D) pursue transfer of the project to an owner,
5 approved by the Secretary under established proce-
6 dures, who will be obligated to promptly make all re-
7 quired repairs and to accept renewal of the assist-
8 ance contract if such renewal is offered;
9 (E) transfer the existing section 8 contract to
10 another project or projects and owner or owners;
11 (F) pursue exclusionary sanctions, including
12 suspensions or debarments from Federal programs;
13 (G) seek judicial appointment of a receiver to
14 manage the property and cure all project deficiencies
15 or seek a judicial order of specific performance re-
16 quiring the owner to cure all project deficiencies;
17 (H) work with the owner, lender, or other re-
18 lated party to stabilize the property in an attempt
19 to preserve the property through compliance, trans-
20 fer of ownership, or an infusion of capital provided
21 by a third-party that requires time to effectuate; or
22 (I) take any other regulatory or contractual
23 remedies available as deemed necessary and appro-
24 priate by the Secretary.
December 21, 2020 (12:59 p.m.)

1786
1 (d) The Secretary shall take appropriate steps to en-
2 sure that project-based contracts remain in effect, subject
3 to the exercise of contractual abatement remedies to assist
4 relocation of tenants for major threats to health and safety
5 after written notice to the affected tenants. To the extent
6 the Secretary determines, in consultation with the tenants
7 and the local government, that the property is not feasible
8 for continued rental assistance payments under such sec-
9 tion 8 or other programs, based on consideration of—
10 (1) the costs of rehabilitating and operating the
11 property and all available Federal, State, and local
12 resources, including rent adjustments under section
13 524 of the Multifamily Assisted Housing Reform
14 and Affordability Act of 1997 (‘‘MAHRAA’’); and
15 (2) environmental conditions that cannot be
16 remedied in a cost-effective fashion, the Secretary
17 may contract for project-based rental assistance pay-
18 ments with an owner or owners of other existing
19 housing properties, or provide other rental assist-
20 ance.
21 (e) The Secretary shall report quarterly on all prop-
22 erties covered by this section that are assessed through
23 the Real Estate Assessment Center and have UPCS phys-
24 ical inspection scores of less than 60 or have received an
December 21, 2020 (12:59 p.m.)

1787
1 unsatisfactory management and occupancy review within
2 the past 36 months. The report shall include—
3 (1) identification of the enforcement actions
4 being taken to address such conditions, including
5 imposition of civil money penalties and termination
6 of subsidies, and identification of properties that
7 have such conditions multiple times;
8 (2) identification of actions that the Depart-
9 ment of Housing and Urban Development is taking
10 to protect tenants of such identified properties; and
11 (3) any administrative or legislative rec-
12 ommendations to further improve the living condi-
13 tions at properties covered under a housing assist-
14 ance payment contract.
15 This report shall be submitted to the Senate and House
16 Committees on Appropriations not later than 30 days
17 after the enactment of this Act, and on the first business
18 day of each Federal fiscal year quarter thereafter while
19 this section remains in effect.
21 Act, or any other Act, for purposes authorized under sec-
22 tion 8 (only with respect to the tenant-based rental assist-
23 ance program) and section 9 of the United States Housing
24 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by
25 any public housing agency for any amount of salary, in-
December 21, 2020 (12:59 p.m.)

1788
1 cluding bonuses, for the chief executive officer of which,
2 or any other official or employee of which, that exceeds
3 the annual rate of basic pay payable for a position at level
4 IV of the Executive Schedule at any time during any pub-
5 lic housing agency fiscal year 2021.
7 Act and provided to the Department of Housing and
8 Urban Development may be used to make a grant award
9 unless the Secretary notifies the House and Senate Com-
10 mittees on Appropriations not less than 3 full business
11 days before any project, State, locality, housing authority,
12 Tribe, nonprofit organization, or other entity selected to
13 receive a grant award is announced by the Department
14 or its offices.
16 Act may be used to require or enforce the Physical Needs
17 Assessment (PNA).
19 Act shall be used by the Federal Housing Administration,
20 the Government National Mortgage Association, or the
21 Department of Housing and Urban Development to in-
22 sure, securitize, or establish a Federal guarantee of any
23 mortgage or mortgage backed security that refinances or
24 otherwise replaces a mortgage that has been subject to
December 21, 2020 (12:59 p.m.)

1789
1 eminent domain condemnation or seizure, by a State, mu-
2 nicipality, or any other political subdivision of a State.
4 Act may be used to terminate the status of a unit of gen-
5 eral local government as a metropolitan city (as defined
6 in section 102 of the Housing and Community Develop-
7 ment Act of 1974 (42 U.S.C. 5302)) with respect to
8 grants under section 106 of such Act (42 U.S.C. 5306).
9 SEC. 225. Amounts made available by this Act that
10 are appropriated, allocated, advanced on a reimbursable
11 basis, or transferred to the Office of Policy Development
12 and Research of the Department of Housing and Urban
13 Development and functions thereof, for research, evalua-
14 tion, or statistical purposes, and that are unexpended at
15 the time of completion of a contract, grant, or cooperative
16 agreement, may be deobligated and shall immediately be-
17 come available and may be reobligated in that fiscal year
18 or the subsequent fiscal year for the research, evaluation,
19 or statistical purposes for which the amounts are made
20 available to that Office subject to reprogramming require-
21 ments in section 405 of this Act.
22 SEC. 226. None of the funds provided in this Act or
23 any other Act may be used for awards, including perform-
24 ance, special act, or spot, for any employee of the Depart-
25 ment of Housing and Urban Development subject to ad-
December 21, 2020 (12:59 p.m.)

1790
1 ministrative discipline (including suspension from work),
2 in this fiscal year, but this prohibition shall not be effec-
3 tive prior to the effective date of any such administrative
4 discipline or after any final decision over-turning such dis-
5 cipline.
6 SEC. 227. With respect to grant amounts awarded
7 under the heading ‘‘Homeless Assistance Grants’’ for fis-
8 cal years 2015 through 2021 for the Continuum of Care
9 (CoC) program as authorized under subtitle C of title IV
10 of the McKinney-Vento Homeless Assistance Act, costs
11 paid by program income of grant recipients may count to-
12 ward meeting the recipient’s matching requirements, pro-
13 vided the costs are eligible CoC costs that supplement the
14 recipient’s CoC program.
15 SEC. 228. (a) From amounts made available under
16 this title under the heading ‘‘Homeless Assistance
17 Grants’’, the Secretary may award 1–year transition
18 grants to recipients of funds for activities under subtitle
19 C of the McKinney-Vento Homeless Assistance Act (42
20 U.S.C. 11381 et seq.) to transition from one Continuum
21 of Care program component to another.
22 (b) In order to be eligible to receive a transition
23 grant, the funding recipient must have the consent of the
24 continuum of care and meet standards determined by the
25 Secretary.
December 21, 2020 (12:59 p.m.)

1791
2 Act may be used by the Department of Housing and
3 Urban Development to direct a grantee to undertake spe-
4 cific changes to existing zoning laws as part of carrying
5 out the final rule entitled ‘‘Affirmatively Furthering Fair
6 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the
7 notice entitled ‘‘Affirmatively Furthering Fair Housing
8 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26,
9 2014)).
10 SEC. 230. The Promise Zone designations and Prom-
11 ise Zone Designation Agreements entered into pursuant
12 to such designations, made by the Secretary in prior fiscal
13 years, shall remain in effect in accordance with the terms
14 and conditions of such agreements.
16 Act may be used to establish and apply review criteria,
17 including rating factors or preference points, for participa-
18 tion in or coordination with EnVision Centers, in the eval-
19 uation, selection, and award of any funds made available
20 and requiring competitive selection under this Act, except
21 with respect to any such funds otherwise authorized for
22 EnVision Center purposes under this Act.
24 or any prior Act may be used to require or enforce any
25 changes to the terms and conditions of the public housing
December 21, 2020 (12:59 p.m.)

1792
1 annual contributions contract between the Secretary and
2 any public housing agency, as such contract was in effect
3 as of December 31, 2017, unless such changes are mutu-
4 ally agreed upon by the Secretary and such agency: Pro-
5 vided, That such agreement by an agency may be indi-
6 cated only by a written amendment to the terms and con-
7 ditions containing the duly authorized signature of its
8 chief executive: Provided further, That the Secretary may
9 not withhold funds to compel such agreement by an agen-
10 cy which certifies to its compliance with its contract.
11 SEC. 233. None of the amounts made available in this
12 Act may be used to consider Family Self-Sufficiency per-
13 formance measures or performance scores in determining
14 funding awards for programs receiving Family Self-Suffi-
15 ciency program coordinator funding provided in this Act.
16 SEC. 234. Any public housing agency designated as
17 a Moving to Work agency pursuant to section 239 of divi-
18 sion L of Public Law 114–113 (42 U.S.C. 1437f note;
19 129 Stat. 2897) may, upon such designation, use funds
20 (except for special purpose funding, including special pur-
21 pose vouchers) previously allocated to any such public
22 housing agency under section 8 or 9 of the United States
23 Housing Act of 1937, including any reserve funds held by
24 the public housing agency or funds held by the Depart-
25 ment of Housing and Urban Development, pursuant to the
December 21, 2020 (12:59 p.m.)

1793
1 authority for use of section 8 or 9 funding provided under
2 such section and section 204 of title II of the Departments
3 of Veterans Affairs and Housing and Urban Development
4 and Independent Agencies Appropriations Act, 1996
5 (Public Law 104–134; 110 Stat. 1321–28), notwith-
6 standing the purposes for which such funds were appro-
7 priated.
8 SEC. 235. None of the amounts made available by
9 this Act may be used to prohibit any public housing agen-
10 cy under receivership or the direction of a Federal monitor
11 from applying for, receiving, or using funds made available
12 under the heading ‘‘Public Housing Fund’’ for competitive
13 grants to evaluate and reduce lead-based paint hazards in
14 this Act or that remain available and not awarded from
15 prior Acts, or be used to prohibit a public housing agency
16 from using such funds to carry out any required work pur-
17 suant to a settlement agreement, consent decree, vol-
18 untary agreement, or similar document for a violation of
19 the Lead Safe Housing or Lead Disclosure Rules.
20 SEC. 236. There are hereby rescinded, from funds ap-
21 propriated under the heading ‘‘Department of Housing
22 and Urban Development—Housing Programs—Rental
23 Housing Assistance’’—
24 (1) all unobligated balances from recaptured
25 amounts appropriated prior to fiscal year 2006 from
December 21, 2020 (12:59 p.m.)

1794
1 terminated contracts under section 236(f)(2) of the
2 National Housing Act (12 U.S.C. 1715z–1(f)(2)),
3 and any unobligated balances, including recaptures
4 and carryover, remaining from funds appropriated
5 under such heading after fiscal year 2005; and
6 (2) any funds remaining from amounts appro-
7 priated under such heading in the prior fiscal year.
9 title may be used to issue rules or guidance in contraven-
10 tion of section 210 of Public Law 115–254 (132 Stat.
11 3442) or section 312 of the Robert T. Stafford Disaster
12 Relief and Emergency Assistance Act (42 U.S.C. 5155).
13 SEC. 238. No later than September 30, 2021, the re-
14 maining unobligated balances of funds made available for
15 the youth homelessness demonstration under the heading
16 ‘‘Department of Housing and Urban Development—Com-
17 munity Planning and Development—Homeless Assistance
18 Grants’’ in the Consolidated Appropriations Act, 2019
19 (Public Law 116–6) are hereby permanently rescinded,
20 and an amount of additional new budget authority equiva-
21 lent to the amount rescinded is hereby appropriated, to
22 remain available until September 30, 2022, in addition to
23 other funds as may be available for such purposes, and
24 shall be available, without additional competition, for com-
December 21, 2020 (12:59 p.m.)

1795
1 pleting the funding of awards made pursuant to the fiscal
2 year 2019 youth homelessness demonstration.
3 This title may be cited as the ‘‘Department of Hous-
4 ing and Urban Development Appropriations Act, 2021’’.
December 21, 2020 (12:59 p.m.)

1796
1 TITLE III
2 RELATED AGENCIES
3 ACCESS BOARD
5 For expenses necessary for the Access Board, as au-

6 thorized by section 502 of the Rehabilitation Act of 1973
7 (29 U.S.C. 792), $9,200,000: Provided, That, notwith-
8 standing any other provision of law, there may be credited
9 to this appropriation funds received for publications and
10 training expenses.
11 FEDERAL MARITIME COMMISSION
13 For necessary expenses of the Federal Maritime

14 Commission as authorized by section 201(d) of the Mer-
15 chant Marine Act, 1936 (46 U.S.C. 307), including serv-
16 ices as authorized by section 3109 of title 5, United States
17 Code; hire of passenger motor vehicles as authorized by
18 section 1343(b) of title 31, United States Code; and uni-
19 forms or allowances therefore, as authorized by sections
20 5901 and 5902 of title 5, United States Code,
21 $30,300,000: Provided, That not to exceed $3,500 shall
22 be for official reception and representation expenses.
December 21, 2020 (12:59 p.m.)

1797
1 NATIONAL RAILROAD PASSENGER CORPORATION

5 General for the National Railroad Passenger Corporation
6 to carry out the provisions of the Inspector General Act
7 of 1978 (5 U.S.C. App. 3), $25,274,000: Provided, That
8 the Inspector General shall have all necessary authority,
9 in carrying out the duties specified in such Act, to inves-
10 tigate allegations of fraud, including false statements to
11 the Government under section 1001 of title 18, United
12 States Code, by any person or entity that is subject to
13 regulation by the National Railroad Passenger Corpora-
14 tion: Provided further, That the Inspector General may
15 enter into contracts and other arrangements for audits,
16 studies, analyses, and other services with public agencies
17 and with private persons, subject to the applicable laws
18 and regulations that govern the obtaining of such services
19 within the National Railroad Passenger Corporation: Pro-
20 vided further, That the Inspector General may select, ap-
21 point, and employ such officers and employees as may be
22 necessary for carrying out the functions, powers, and du-
23 ties of the Office of Inspector General, subject to the appli-
24 cable laws and regulations that govern such selections, ap-
25 pointments, and employment within the National Railroad
December 21, 2020 (12:59 p.m.)

1798
1 Passenger Corporation: Provided further, That concurrent
2 with the President’s budget request for fiscal year 2022,
3 the Inspector General shall submit to the House and Sen-
4 ate Committees on Appropriations a budget request for
5 fiscal year 2022 in similar format and substance to budget
6 requests submitted by executive agencies of the Federal
7 Government.
8 NATIONAL TRANSPORTATION SAFETY BOARD
10 For necessary expenses of the National Transpor-

11 tation Safety Board, including hire of passenger motor ve-
12 hicles and aircraft; services as authorized by 5 U.S.C.
13 3109, but at rates for individuals not to exceed the per
14 diem rate equivalent to the rate for a GS–15; uniforms,
15 or allowances therefor, as authorized by law (5 U.S.C.
16 5901–5902), $118,400,000, of which not to exceed $2,000
17 may be used for official reception and representation ex-
18 penses: Provided, That the amounts made available to the
19 National Transportation Safety Board in this Act include
20 amounts necessary to make lease payments on an obliga-
21 tion incurred in fiscal year 2001 for a capital lease.
December 21, 2020 (12:59 p.m.)

1799
1 NEIGHBORHOOD REINVESTMENT CORPORATION
2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT
3 CORPORATION
4 For payment to the Neighborhood Reinvestment Cor-

5 poration for use in neighborhood reinvestment activities,
6 as authorized by the Neighborhood Reinvestment Corpora-
7 tion Act (42 U.S.C. 8101–8107), $163,000,000, of which
8 $5,000,000 shall be for a multi-family rental housing pro-
9 gram: Provided, That an additional $2,000,000, to remain
10 available until September 30, 2024, shall be for the pro-
11 motion and development of shared equity housing models.
12 SURFACE TRANSPORTATION BOARD
14 For necessary expenses of the Surface Transpor-

15 tation Board, including services authorized by section
16 3109 of title 5, United States Code, $37,500,000: Pro-
17 vided, That, notwithstanding any other provision of law,
18 not to exceed $1,250,000 from fees established by the Sur-
19 face Transportation Board shall be credited to this appro-
20 priation as offsetting collections and used for necessary
21 and authorized expenses under this heading: Provided fur-
22 ther, That the amounts made available under this heading
23 from the general fund shall be reduced on a dollar-for-
24 dollar basis as such offsetting collections are received dur-
December 21, 2020 (12:59 p.m.)

1800
1 ing fiscal year 2021, to result in a final appropriation from
2 the general fund estimated at not more than $36,250,000.
3 UNITED STATES INTERAGENCY COUNCIL ON
4 HOMELESSNESS
6 For necessary expenses, including payment of sala-

7 ries, authorized travel, hire of passenger motor vehicles,
8 the rental of conference rooms, and the employment of ex-
9 perts and consultants under section 3109 of title 5, United
10 States Code, of the United States Interagency Council on
11 Homelessness in carrying out the functions pursuant to
12 title II of the McKinney-Vento Homeless Assistance Act,
13 as amended, $3,800,000.
December 21, 2020 (12:59 p.m.)

1801
1 TITLE IV
4 for the planning or execution of any program to pay the
5 expenses of, or otherwise compensate, non-Federal parties
6 intervening in regulatory or adjudicatory proceedings
7 funded in this Act.
9 shall remain available for obligation beyond the current
10 fiscal year, nor may any be transferred to other appropria-
11 tions, unless expressly so provided herein.
13 under this Act for any consulting service through a pro-
14 curement contract pursuant to section 3109 of title 5,
15 United States Code, shall be limited to those contracts
16 where such expenditures are a matter of public record and
17 available for public inspection, except where otherwise pro-
18 vided under existing law, or under existing Executive order
21 this Act may be obligated or expended for any employee
22 training that—
23 (1) does not meet identified needs for knowl-
24 edge, skills, and abilities bearing directly upon the
25 performance of official duties;
December 21, 2020 (12:59 p.m.)

1802
1 (2) contains elements likely to induce high lev-
2 els of emotional response or psychological stress in
3 some participants;
4 (3) does not require prior employee notification
5 of the content and methods to be used in the train-
6 ing and written end of course evaluation;
7 (4) contains any methods or content associated
8 with religious or quasi-religious belief systems or
9 ‘‘new age’’ belief systems as defined in Equal Em-
10 ployment Opportunity Commission Notice N–
11 915.022, dated September 2, 1988; or
12 (5) is offensive to, or designed to change, par-
13 ticipants’ personal values or lifestyle outside the
14 workplace.
15 (b) Nothing in this section shall prohibit, restrict, or
16 otherwise preclude an agency from conducting training
17 bearing directly upon the performance of official duties.
18 SEC. 405. Except as otherwise provided in this Act,
19 none of the funds provided in this Act, provided by pre-
20 vious appropriations Acts to the agencies or entities fund-
21 ed in this Act that remain available for obligation or ex-
22 penditure in fiscal year 2021, or provided from any ac-
23 counts in the Treasury derived by the collection of fees
24 and available to the agencies funded by this Act, shall be
December 21, 2020 (12:59 p.m.)

1803
2 programming of funds that—
3 (1) creates a new program;
6 gram, project, or activity for which funds have been
7 denied or restricted by the Congress;
8 (4) proposes to use funds directed for a specific
9 activity by either the House or Senate Committees
10 on Appropriations for a different purpose;
11 (5) augments existing programs, projects, or ac-
12 tivities in excess of $5,000,000 or 10 percent, which-
13 ever is less;
14 (6) reduces existing programs, projects, or ac-
15 tivities by $5,000,000 or 10 percent, whichever is
16 less; or
17 (7) creates, reorganizes, or restructures a
18 branch, division, office, bureau, board, commission,
19 agency, administration, or department different from
20 the budget justifications submitted to the Commit-
21 tees on Appropriations or the table accompanying
22 the explanatory statement described in section 4 (in
23 the matter preceding division A of this consolidated
24 Act), whichever is more detailed, unless prior ap-
25 proval is received from the House and Senate Com-
December 21, 2020 (12:59 p.m.)

1804
1 mittees on Appropriations: Provided, That not later
2 than 60 days after the date of enactment of this
3 Act, each agency funded by this Act shall submit a
4 report to the Committees on Appropriations of the
5 Senate and of the House of Representatives to es-
6 tablish the baseline for application of reprogram-
7 ming and transfer authorities for the current fiscal
8 year: Provided further, That the report shall in-
9 clude—
10 (A) a table for each appropriation with a
11 separate column to display the prior year en-
12 acted level, the President’s budget request, ad-
13 justments made by Congress, adjustments due
14 to enacted rescissions, if appropriate, and the
16 (B) a delineation in the table for each ap-
17 propriation and its respective prior year enacted
18 level by object class and program, project, and
19 activity as detailed in this Act, the table accom-
20 panying the explanatory statement described in
21 section 4 (in the matter preceding division A of
22 this consolidated Act), accompanying reports of
23 the House and Senate Committee on Appro-
24 priations, or in the budget appendix for the re-
25 spective appropriations, whichever is more de-
December 21, 2020 (12:59 p.m.)

1805
1 tailed, and shall apply to all items for which a
2 dollar amount is specified and to all programs
3 for which new budget (obligational) authority is
4 provided, as well as to discretionary grants and
5 discretionary grant allocations; and
6 (C) an identification of items of special
7 congressional interest.
10 remaining available at the end of fiscal year 2021 from
11 appropriations made available for salaries and expenses
12 for fiscal year 2021 in this Act, shall remain available
13 through September 30, 2022, for each such account for
14 the purposes authorized: Provided, That a request shall
15 be submitted to the House and Senate Committees on Ap-
16 propriations for approval prior to the expenditure of such
17 funds: Provided further, That these requests shall be made
18 in compliance with reprogramming guidelines under sec-
20 SEC. 407. No funds in this Act may be used to sup-
21 port any Federal, State, or local projects that seek to use
22 the power of eminent domain, unless eminent domain is
23 employed only for a public use: Provided, That for pur-
24 poses of this section, public use shall not be construed to
25 include economic development that primarily benefits pri-
December 21, 2020 (12:59 p.m.)

1806
1 vate entities: Provided further, That any use of funds for
2 mass transit, railroad, airport, seaport or highway
3 projects, as well as utility projects which benefit or serve
4 the general public (including energy-related, communica-
5 tion-related, water-related and wastewater-related infra-
6 structure), other structures designated for use by the gen-
7 eral public or which have other common-carrier or public-
8 utility functions that serve the general public and are sub-
9 ject to regulation and oversight by the government, and
10 projects for the removal of an immediate threat to public
11 health and safety or brownfields as defined in the Small
12 Business Liability Relief and Brownfields Revitalization
13 Act (Public Law 107–118) shall be considered a public
14 use for purposes of eminent domain.
21 this Act shall be available to pay the salary for any person
22 filling a position, other than a temporary position, for-
23 merly held by an employee who has left to enter the Armed
24 Forces of the United States and has satisfactorily com-
25 pleted his or her period of active military or naval service,
December 21, 2020 (12:59 p.m.)

1807
1 and has within 90 days after his or her release from such
2 service or from hospitalization continuing after discharge
3 for a period of not more than 1 year, made application
4 for restoration to his or her former position and has been
5 certified by the Office of Personnel Management as still
6 qualified to perform the duties of his or her former posi-
7 tion and has not been restored thereto.
8 SEC. 410. No funds appropriated pursuant to this
9 Act may be expended by an entity unless the entity agrees
10 that in expending the assistance the entity will comply
11 with sections 2 through 4 of the Act of March 3, 1933
12 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy
13 American Act’’).
14 SEC. 411. No funds appropriated or otherwise made
15 available under this Act shall be made available to any
16 person or entity that has been convicted of violating the
17 Buy American Act (41 U.S.C. 8301–8305).
19 Act may be used for first-class airline accommodations in
20 contravention of sections 301–10.122 and 301–10.123 of
21 title 41, Code of Federal Regulations.
23 this Act may be used to approve a new foreign air carrier
24 permit under sections 41301 through 41305 of title 49,
25 United States Code, or exemption application under sec-
December 21, 2020 (12:59 p.m.)

1808
1 tion 40109 of that title of an air carrier already holding
2 an air operators certificate issued by a country that is
3 party to the U.S.-E.U.-Iceland-Norway Air Transport
4 Agreement where such approval would contravene United
5 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor-
6 way Air Transport Agreement.
7 (b) Nothing in this section shall prohibit, restrict or
8 otherwise preclude the Secretary of Transportation from
9 granting a foreign air carrier permit or an exemption to
10 such an air carrier where such authorization is consistent
11 with the U.S.-E.U.-Iceland-Norway Air Transport Agree-
12 ment and United States law.
14 Act may be used to send or otherwise pay for the attend-
15 ance of more than 50 employees of a single agency or de-
16 partment of the United States Government, who are sta-
17 tioned in the United States, at any single international
18 conference unless the relevant Secretary reports to the
19 House and Senate Committees on Appropriations at least
20 5 days in advance that such attendance is important to
21 the national interest: Provided, That for purposes of this
22 section the term ‘‘international conference’’ shall mean a
23 conference occurring outside of the United States attended
24 by representatives of the United States Government and
December 21, 2020 (12:59 p.m.)

1809
1 of foreign governments, international organizations, or
2 nongovernmental organizations.
4 wise made available under this Act may be used by the
5 Surface Transportation Board to charge or collect any fil-
6 ing fee for rate or practice complaints filed with the Board
7 in an amount in excess of the amount authorized for dis-
8 trict court civil suit filing fees under section 1914 of title
19 this Act may be used to deny an Inspector General funded
20 under this Act timely access to any records, documents,
21 or other materials available to the department or agency
22 over which that Inspector General has responsibilities
23 under the Inspector General Act of 1978 (5 U.S.C. App.),
24 or to prevent or impede that Inspector General’s access
25 to such records, documents, or other materials, under any
December 21, 2020 (12:59 p.m.)

1810
1 provision of law, except a provision of law that expressly
2 refers to the Inspector General and expressly limits the
3 Inspector General’s right of access.
4 (b) A department or agency covered by this section
5 shall provide its Inspector General with access to all such
6 records, documents, and other materials in a timely man-
7 ner.
8 (c) Each Inspector General shall ensure compliance
9 with statutory limitations on disclosure relevant to the in-
10 formation provided by the establishment over which that
11 Inspector General has responsibilities under the Inspector
12 General Act of 1978 (5 U.S.C. App.).
13 (d) Each Inspector General covered by this section
14 shall report to the Committees on Appropriations of the
15 House of Representatives and the Senate within 5 cal-
16 endar days any failures to comply with this requirement.
18 wise made available by this Act may be used to pay award
19 or incentive fees for contractors whose performance has
20 been judged to be below satisfactory, behind schedule, over
21 budget, or has failed to meet the basic requirements of
22 a contract, unless the Agency determines that any such
23 deviations are due to unforeseeable events, government-
24 driven scope changes, or are not significant within the
25 overall scope of the project and/or program unless such
December 21, 2020 (12:59 p.m.)

1811
1 awards or incentive fees are consistent with 16.401(e)(2)
2 of the Federal Acquisition Regulations.
3 SEC. 419. In allocating and awarding available
4 amounts provided under the heading ‘‘Homeless Assist-
5 ance Grants’’ in the Department of Housing and Urban
6 Development Appropriations Act, 2020 (Public Law 116–
7 94), the same heading for fiscal year 2019 (Public Law
8 116–6), and section 231 of Public Law 116–94 for the
9 Continuum of Care program, the Secretary of Housing
10 and Urban Development shall renew for one 12-month pe-
11 riod, without additional competition, all projects with ex-
12 isting grants expiring during calendar year 2021, includ-
13 ing youth homeless demonstration projects and shelter
14 plus care projects expiring during calendar year 2021, not-
15 withstanding any inconsistent provisions in such Acts or
16 in subtitle C of title IV of the McKinney-Vento Homeless
17 Assistance Act, as amended: Provided, That Continuum
18 of Care planning and Unified Funding Agency awards ex-
19 piring in calendar year 2021 may also be renewed and that
20 the Continuum of Care may designate a new collaborative
21 applicant to receive the award in accordance with the ex-
22 isting process established by the Secretary: Provided fur-
23 ther, That the Secretary shall publish a Notice that identi-
24 fies and lists all projects and awards eligible for such non-
25 competitive renewal, prescribes the format and process by
December 21, 2020 (12:59 p.m.)

1812
1 which the projects and awards from the list will be re-
2 newed, makes adjustments to the renewal amount based
3 on changes to the Fair Market Rent, and establishes a
4 maximum amount for the renewal of planning and Unified
5 Funding Agency awards notwithstanding the requirement
6 that such maximum amount be established in a Notice of
7 Funding Availability.
8 SEC. 420. Of the amounts made available by this Act
9 for fiscal year 2021 under the heading ‘‘Department of
10 Housing and Urban Development—Public and Indian
11 Housing—Tenant-Based Rental Assistance’’ and specified
12 in the first paragraph of such heading, $695,000,000 is
16 SEC. 421. In addition to funds provided to the ‘‘Pay-
17 ments to Air Carriers’’ program in Public Law 116–94,
18 Public Law 116–136, and this Act to carry out the essen-
19 tial air service program under section 41731 through
20 41742 of title 49, United States Code, $23,332,000 to be
21 derived from the Treasury, and to be made available to
22 the Essential Air Service and Rural Improvement Fund,
23 to prevent, prepare for, and respond to coronavirus, in-
24 cluding to offset the loss resulting from the coronavirus
25 pandemic of the mandatory overflight fees collected pursu-
December 21, 2020 (12:59 p.m.)

1813
1 ant to section 45301 of title 49, United States Code: Pro-
2 vided, That, notwithstanding section 41733 of title 49,
3 United States Code, for each of fiscal years 2020 and
4 2021, the requirements established under subparagraphs
5 (B) and (C) of section 41731(a)(1) of title 49, United
6 States Code, and the subsidy cap established by section
7 332 of the Department of Transportation and Related
8 Agencies Appropriations Act, 2000, shall not apply to
9 maintain eligibility under section 417831 of title 49,
10 United States Code: Provided further, That such amount
14 1985.
15 SEC. 422. Section 47114(c)(1) of title 49, United
16 States Code, is amended by adding at the end the fol-
17 lowing:
18 ‘‘(J) SPECIAL RULE FOR FISCAL YEARS
19 2022 AND 2023.—Notwithstanding subparagraph

20 (A) and the absence of scheduled passenger air-
21 craft service at an airport, the Secretary shall
22 apportion in fiscal years 2022 and 2023 to the
23 sponsor of the airport an amount based on the
24 number of passenger boardings at the airport
December 21, 2020 (12:59 p.m.)

1814
1 during whichever of the following years that
2 would result in the highest apportioned amount:
3 ‘‘(i) Calendar year 2018.
4 ‘‘(ii) Calendar year 2019.
5 ‘‘(iii) The prior full calendar year
6 prior to the current fiscal year.’’.
7 SEC. 423. Notwithstanding section 47124(d)(1)(B)
8 of title 49, United States Code, the Secretary of Transpor-
9 tation shall not calculate a benefit-to-cost ratio with re-
10 spect to an air traffic control tower participating in the
11 Contract Tower Program on the basis of an annual air-
12 craft traffic decrease in fiscal years 2020 and 2021.
13 This division may be cited as the ‘‘Transportation,
14 Housing and Urban Development, and Related Agencies
December 21, 2020 (12:59 p.m.)

1815
1 DIVISION M—CORONAVIRUS RESPONSE
2 AND RELIEF SUPPLEMENTAL APPRO-
3 PRIATIONS ACT, 2021
4 TITLE I
5 DEPARTMENT OF COMMERCE
6 NATIONAL OCEANIC AND ATMOSPHERIC
7 ADMINISTRATION
8 FISHERIES DISASTER ASSISTANCE
9 For an additional amount for ‘‘Fisheries Disaster As-

10 sistance’’, $300,000,000 to remain available until Sep-
12 coronavirus, domestically or internationally, which shall
13 only be for activities authorized under section 12005 of
14 the Coronavirus Aid, Relief, and Economic Security Act
15 (Public Law 116–136): Provided, That the amount pro-
16 vided under this heading in this Act shall only be allocated
17 to States of the United States bordering the Atlantic, Pa-
18 cific, or Arctic Ocean, the Gulf of Mexico, or the Great
19 Lakes, as well as Puerto Rico, the United States Virgin
20 Islands, Guam, the Commonwealth of the Northern Mar-
21 iana Islands, American Samoa, and federally recognized
22 Tribes in any of the Nation’s coastal States and terri-
23 tories, and federally recognized Tribes in any of the Na-
24 tion’s Great Lakes States with fisheries on the Tribe’s res-
25 ervation or ceded or usual and accustomed territory: Pro-
December 21, 2020 (12:59 p.m.)

1816
1 vided further, That each State and territory in the pre-
2 ceding proviso, except those States only bordering the
3 Great Lakes, shall receive an amount equal to not less
4 than 1 percent of the amount provided under this heading
5 in this Act and not greater than, from amounts provided
6 under either section 12005 of Public Law 116–136 or
7 amounts provided under this heading in this Act, that
8 State or territory’s total annual average revenue from
9 commercial fishing operations, aquaculture firms, the sea-
10 food supply chain, and charter fishing businesses: Pro-
12 ing in this Act, $30,000,000 shall be for coronavirus re-
13 lated fishing impacts for Tribal fishery participants ref-
14 erenced in the first proviso: Provided further, That the Na-
15 tional Oceanic and Atmospheric Administration, in con-
16 sultation with Tribes referenced in the first proviso, shall
17 develop an application and distribution process to disburse
18 funds to all eligible impacted Tribes in a manner that
19 takes into account economic, subsistence, and ceremonial
20 impacts to Tribes and that ensures timely distribution of
21 funds: Provided further, That of the funds provided under
22 this heading in this Act, $15,000,000 shall be for all
23 coronavirus related fishing impacts to non-tribal commer-
24 cial, aquaculture, processor, and charter fishery partici-
25 pants in States of the United States bordering the Great
December 21, 2020 (12:59 p.m.)

1817
1 Lakes: Provided further, That such amount is designated
2 by the Congress as being for an emergency requirement
3 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg-
4 et and Emergency Deficit Control Act of 1985.
5 TITLE II
6 DEPARTMENT OF HOMELAND SECURITY
7 PROTECTION, PREPAREDNESS, RESPONSE, AND
8 RECOVERY
9 FEDERAL EMERGENCY MANAGEMENT AGENCY
10 DISASTER RELIEF FUND
11 For an additional amount for ‘‘Federal Emergency

12 Management Agency—Disaster Relief Fund’’,
13 $2,000,000,000, to remain available until expended, to
14 carry out the purposes of section 201 of this title: Pro-
15 vided, That such amount is designated by the Congress
20 SEC. 201. (a) For the emergency declaration issued
21 by the President on March 13, 2020, pursuant to section
22 501(b) of the Robert T. Stafford Disaster Relief and
23 Emergency Assistance Act (42 U.S.C. 5191(b)), and for
24 any subsequent major disaster declaration under section
25 401 of such Act (42 U.S.C. 5170) that supersedes such
December 21, 2020 (12:59 p.m.)

1818
1 emergency declaration, the President shall provide finan-
2 cial assistance to an individual or household to meet dis-
3 aster-related funeral expenses under section 408(e)(1) of
4 the Robert T. Stafford Disaster Relief and Emergency As-
5 sistance Act (42 U.S.C. 5174(e)(1)), for such expenses in-
6 curred through December 31, 2020, for which the Federal
7 cost share shall be 100 percent.
8 (b) Nothing in this section shall be construed to oth-
9 erwise limit the authorities of the President under the
10 Robert T. Stafford Disaster Relief and Emergency Assist-
11 ance Act (42 U.S.C. 5121 et seq.).
12 TITLE III
14 SERVICES
15 FOOD AND DRUG ADMINISTRATION
17 For an additional amount for ‘‘Salaries and Ex-

18 penses’’, $55,000,000, to remain available until expended,
19 to prevent, prepare for, and respond to coronavirus, do-
20 mestically or internationally, of which $9,000,000 shall be
21 for the development of necessary medical countermeasures
22 and vaccines, $30,500,000 shall be for advanced manufac-
23 turing for medical products, $1,500,000 shall be for the
24 monitoring of medical product supply chains, $7,600,000
25 shall be for other public health research and response in-
December 21, 2020 (12:59 p.m.)

1819
1 vestments, $1,400,000 shall be for data management op-
2 eration tools, and $5,000,000 shall be for after action re-
3 view activities: Provided, That such amount is designated
7 CENTERS FOR DISEASE CONTROL AND PREVENTION
8 CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT
10 For an additional amount for ‘‘CDC–Wide Activities

11 and Program Support’’, $8,750,000,000, to remain avail-
12 able until September 30, 2024, to prevent, prepare for,
13 and respond to coronavirus, domestically or internation-
14 ally: Provided, That amounts appropriated under this
15 heading in this Act shall be for activities to plan, prepare
16 for, promote, distribute, administer, monitor, and track
17 coronavirus vaccines to ensure broad-based distribution,
18 access, and vaccine coverage: Provided further, That of the
19 amount appropriated under this heading in this Act, not
20 less than $4,500,000,000 shall be for States, localities,
21 territories, tribes, tribal organizations, urban Indian
22 health organizations, or health service providers to tribes:
23 Provided further, That of the amount in the preceding pro-
24 viso, $210,000,000, shall be transferred to the ‘‘Depart-
25 ment of Health and Human Services—Indian Health
December 21, 2020 (12:59 p.m.)

1820
1 Service—Indian Health Services’’ to be allocated at the
2 discretion of the Director of the Indian Health Service and
3 distributed through Indian Health Service directly oper-
4 ated programs and to tribes and tribal organizations
5 under the Indian Self-Determination and Education As-
6 sistance Act and through contracts or grants with urban
7 Indian organizations under title V of the Indian Health
8 Care Improvement Act: Provided further, That the amount
9 transferred to tribes and tribal organizations under the
10 Indian Self-Determination and Education Assistance Act
11 in the preceding proviso shall be transferred on a one-time,
12 non-recurring basis, is not part of the amount required
13 by 25 U.S.C. 5325, and may only be used for the purposes
14 identified under this heading in this Act, notwithstanding
15 any other provision of law: Provided further, That the
16 amounts identified in the second proviso under this head-
17 ing in this Act, except for the amounts transferred pursu-
18 ant to the third proviso under this heading in this Act,
19 shall be allocated to States, localities, and territories ac-
20 cording to the formula that applied to the Public Health
21 Emergency Preparedness cooperative agreement in fiscal
22 year 2020: Provided further, That of the amounts identi-
23 fied in the second proviso under this heading in this Act,
24 except for the amounts transferred pursuant to the third
25 proviso under this heading in this Act, not less than
December 21, 2020 (12:59 p.m.)

1821
1 $1,000,000,000 shall be made available within 21 days of
2 the date of enactment of this Act: Provided further, That
3 of the amounts identified in the second proviso under this
4 heading in this Act, except for the amounts transferred
5 pursuant to the third proviso under this heading in this
6 Act, not less than $300,000,000 shall be for high-risk and
7 underserved populations, including racial and ethnic mi-
8 nority populations and rural communities: Provided fur-
9 ther, That the Director of the Centers for Disease Control
10 and Prevention (‘‘CDC’’) may satisfy the funding thresh-
11 olds outlined in the second, fifth, sixth, and seventh pro-
12 visos by making awards through other grant or coopera-
13 tive agreement mechanisms: Provided further, That
14 amounts appropriated under this heading in this Act may
15 be used to restore, either directly or through reimburse-
16 ment, obligations incurred for coronavirus vaccine pro-
17 motion, preparedness, tracking, and distribution prior to
18 the enactment of this Act: Provided further, That the Di-
19 rector of the CDC shall provide an updated and com-
20 prehensive coronavirus vaccine distribution strategy and
21 a spend plan, to include funds already allocated for dis-
22 tribution, to the Committees on Appropriations of the
23 House of Representatives and the Senate and the Com-
24 mittee on Energy and Commerce of the House of Rep-
25 resentatives and Committee on Health, Education, Labor,
December 21, 2020 (12:59 p.m.)

1822
1 and Pensions of the Senate within 30 days of enactment
2 of this Act: Provided further, That such strategy and plan
3 shall include how existing infrastructure will be leveraged,
4 enhancements or new infrastructure that may be built,
5 considerations for moving and storing vaccines, guidance
6 for how States, localities, territories, tribes, tribal organi-
7 zations, urban Indian health organizations, or health serv-
8 ice providers to tribes, and health care providers should
9 prepare for, store, and administer vaccines, nationwide
10 vaccination targets, funding that will be distributed to
11 States, localities, and territories, how an informational
12 campaign to inform both the public and health care pro-
13 viders will be executed, and how the strategy and plan will
14 focus efforts on high-risk and underserved populations, in-
15 cluding racial and ethnic minority populations: Provided
16 further, That such strategy and plan shall be updated and
17 provided to the Committees on Appropriations of the
18 House of Representatives and the Senate and the Com-
19 mittee on Energy and Commerce of the House of Rep-
20 resentatives and Committee on Health, Education, Labor,
21 and Pensions of the Senate every 90 days through the end
22 of the fiscal year: Provided further, That amounts appro-
23 priated under this heading in this Act may be used for
24 grants for the construction, alteration, or renovation of
25 non-Federally owned facilities to improve preparedness
December 21, 2020 (12:59 p.m.)

1823
1 and response capability at the State and local level: Pro-
2 vided further, That such amount is designated by the Con-
3 gress as being for an emergency requirement pursuant to
7 OFFICE OF THE DIRECTOR
9 For an additional amount for ‘‘Office of the Direc-

10 tor’’, $1,250,000,000, to remain available until September
11 30, 2024, to prevent, prepare for, and respond to
12 coronavirus, domestically or internationally: Provided,
13 That of the amount appropriated under this heading in
14 this Act, $1,150,000,000 shall be provided for research
15 and clinical trials related to long-term studies of COVID–
16 19: Provided further, That of the amount appropriated
17 under this heading in this Act, no less than $100,000,000
18 shall be for the Rapid Acceleration of Diagnostics: Pro-
19 vided further, That funds appropriated under this heading
20 in this Act may be transferred to the accounts of Insti-
21 tutes and Centers of the National Institutes of Health
22 (NIH): Provided further, That this transfer authority is
23 in addition to any other transfer authority available to the
24 NIH: Provided further, That such amount is designated
December 21, 2020 (12:59 p.m.)

1824
3 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
4 ADMINISTRATION
5 HEALTH SURVEILLANCE AND PROGRAM SUPPORT
6 For an additional amount for ‘‘Heath Surveillance
7 and Program Support’’, $4,250,000,000, to prevent, pre-
8 pare for, and respond to coronavirus, domestically or
9 internationally: Provided, That of the amount appro-
10 priated under this heading in this Act, $1,650,000,000
11 shall be for grants for the substance abuse prevention and
12 treatment block grant program under subpart II of part
13 B of title XIX of the Public Health Service Act (‘‘PHS
14 Act’’): Provided further, That of the amount appropriated
15 under this heading in this Act, $1,650,000,000 shall be
16 for grants for the community mental health services block
17 grant program under subpart I of part B of title XIX of
18 the PHS Act: Provided further, That of the amount appro-
19 priated in the preceding proviso, the Assistant Secretary
20 is directed to provide no less than 50 percent of funds
21 directly to facilities defined in section 1913(c) of the PHS
22 Act: Provided further, That of the amount appropriated
23 under this heading in this Act, not less than $600,000,000
24 is available for the Certified Community Behavioral
25 Health Clinic Expansion Grant program: Provided further,
December 21, 2020 (12:59 p.m.)

1825
1 That of the amount appropriated under this heading in
2 this Act, not less than $50,000,000 shall be available for
3 suicide prevention programs: Provided further, That of the
4 amount appropriated under this heading in this Act,
5 $50,000,000 shall be for activities and services under
6 Project AWARE: Provided further, That of the amount
7 appropriated under this heading in this Act, not less than
8 $240,000,000 is available for activities authorized under
9 section 501(o) of the PHS Act: Provided further, That the
10 Assistant Secretary may prioritize amounts appropriated
11 in the preceding proviso to eligible states that did not re-
12 ceive amounts made available for such purpose under the
14 lic Law 116–136): Provided further, That of the amount
15 appropriated under this heading in this Act, $10,000,000
16 shall be for the National Child Traumatic Stress Network:
17 Provided further, That from within the amount appro-
18 priated under this heading in this Act in the previous pro-
19 visos, a total of not less than $125,000,000 shall be allo-
20 cated to tribes, tribal organizations, urban Indian health
21 organizations, or health or behavioral health service pro-
22 viders to tribes: Provided further, That with respect to the
23 amount appropriated under this heading in this Act the
24 Substance Abuse and Mental Health Services Administra-
25 tion shall maintain the 20 percent set-aside for prevention,
December 21, 2020 (12:59 p.m.)

1826
1 but may waive requirements with respect to allowable ac-
2 tivities, timelines, or reporting requirements for the Sub-
3 stance Abuse Prevention and Treatment Block Grant and
4 the Community Mental Health Services Block Grant as
5 deemed necessary to facilitate a grantee’s response to
6 coronavirus: Provided further, That such amount is des-
10 ADMINISTRATION FOR CHILDREN AND FAMILIES
11 PAYMENTS TO STATES FOR THE CHILD CARE AND
12 DEVELOPMENT BLOCK GRANT
13 For an additional amount for ‘‘Payments to States

14 for the Child Care and Development Block Grant’’,
15 $10,000,000,000 to prevent, prepare for, and respond to
16 coronavirus, domestically or internationally which shall be
17 used to supplement, not supplant State, Territory, and
18 Tribal general revenue funds for child care assistance for
19 low-income families within the United States (including
20 territories) without regard to requirements in sections
21 658E(c)(3)(D)–(E), or 658G of the Child Care and Devel-
22 opment Block Grant Act (‘‘CCDBG Act’’): Provided, That
23 funds appropriated under this heading in this Act may be
24 used for costs of providing relief from copayments and tui-
25 tion payments for families and for paying that portion of
December 21, 2020 (12:59 p.m.)

1827
1 the child care provider’s cost ordinarily paid through fam-
2 ily copayments to provide continued payments and assist-
3 ance to child care providers in the case of decreased enroll-
4 ment or closures related to coronavirus, and to assure they
5 are able to remain open or reopen as appropriate and ap-
6 plicable, including for fixed costs and increased operating
7 expenses: Provided further, That States, Territories, and
8 Tribes are encouraged to place conditions on payments to
9 child care providers that ensure that child care providers
10 use a portion of funds received to continue to pay the sala-
11 ries and wages of staff: Provided further, That lead agen-
12 cies may use funds provided under this heading in this
13 Act to support the stability of the child care sector to help
14 providers afford increased operating expenses during the
15 COVID–19 public health emergency, and shall publicize
16 widely the availability of, and provide technical assistance
17 to help providers apply for, funding available for such pur-
18 poses, including among center-based child care providers,
19 family child care providers, and group home child care
20 providers: Provided further, That lead agencies are encour-
21 aged to implement enrollment and eligibility policies that
22 support the fixed costs of providing child care services by
23 delinking provider reimbursement rates from an eligible
24 child’s absence and a provider’s closure due to the
25 COVID–19 public health emergency: Provided further,
December 21, 2020 (12:59 p.m.)

1828
1 That the Secretary shall remind States that Child Care
2 and Development Block Grant (‘‘CCDBG’’) State plans
3 do not need to be amended prior to utilizing existing au-
4 thorities in the CCDBG Act for the purposes provided
5 herein: Provided further, That States, Territories, and
6 Tribes are authorized to use funds appropriated under this
7 heading in this Act to provide child care assistance to
8 health care sector employees, emergency responders, sani-
9 tation workers, farmworkers, and other workers deemed
10 essential during the response to coronavirus by public offi-
11 cials, without regard to the income eligibility requirements
12 of section 658P(4) of such Act: Provided further, That
13 States, Territories, and Tribes shall use a portion of funds
14 appropriated under this heading in this Act to provide as-
15 sistance to eligible child care providers under section
16 658P(6) of the CCDBG Act that were not receiving
17 CCDBG assistance prior to the public health emergency
18 as a result of the coronavirus and any renewal of such
19 declaration pursuant to such section 319, for the purposes
20 of cleaning and sanitation, and other activities necessary
21 to maintain or resume the operation of programs, includ-
22 ing for fixed costs and increased operating expenses: Pro-
23 vided further, That funds provided under this heading in
24 this Act may be used to provide technical assistance to
25 child care providers to help providers implement practices
December 21, 2020 (12:59 p.m.)

1829
1 and policies in line with guidance from State and local
2 health departments and the Centers for Disease Control
3 and Prevention regarding the safe provision of child care
4 services while there is community transmission of
5 COVID–19: Provided further, That funds appropriated
6 under this heading in this Act may be made available to
7 restore amounts, either directly or through reimburse-
8 ment, for obligations incurred to prevent, prepare for, and
9 respond to coronavirus, domestically or internationally,
10 prior to the date of enactment of this Act: Provided fur-
11 ther, That the Secretary may reserve not more than
12 $15,000,000 for Federal administrative expenses, which
13 shall remain available through September 30, 2024: Pro-
14 vided further, That no later than 60 days after the date
15 of enactment of this Act, each State, Territory, and Tribe
16 that receives funding under this heading in this Act shall
17 submit to the Secretary a report, in such manner as the
18 Secretary may require, describing how the funds appro-
19 priated under this heading in this Act will be spent and
20 that no later than 90 days after the date of enactment
21 of this Act, the Secretary shall submit to the Committees
23 Senate, the Committee on Education and Labor of the
24 House of Representatives, and the Committee on Health,
25 Education, Labor, and Pensions of the Senate a report
December 21, 2020 (12:59 p.m.)

1830
1 summarizing such reports from the States, Territories,
2 and Tribes: Provided further, That, no later than October
3 31, 2022, each State, Territory, and Tribe that receives
4 funding under this heading in this Act shall submit to the
5 Secretary a report, in such manner as the Secretary may
6 require, describing how the funds appropriated under this
7 heading in this Act were spent and that no later than 60
8 days after receiving such reports from the States, Terri-
9 tories, and Tribes, the Secretary shall submit to the Com-
11 and the Senate, the Committee on Education and Labor
12 of the House of Representatives, and the Committee on
13 Health, Education, Labor, and Pensions of the Senate a
14 report summarizing such reports from the States, Terri-
15 tories, and Tribes: Provided further, That such amount is
19 CHILDREN AND FAMILIES SERVICES PROGRAM
20 For an additional amount for ‘‘Children and Families

21 Services Programs’’, $250,000,000, to prevent, prepare
22 for, and respond to coronavirus, for making payments
23 under the Head Start Act, including for Federal adminis-
24 trative expenses, and allocated in an amount that bears
25 the same ratio to such portion as the number of enrolled
December 21, 2020 (12:59 p.m.)

1831
1 children served by the agency involved bears to the number
2 of enrolled children by all Head Start agencies: Provided,
3 That none of the funds made available under this heading
4 in the Act shall be included in the calculation of the ‘‘base
5 grant’’ in subsequent fiscal years, as such term is defined
6 in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of
7 the Head Start Act: Provided further, That funds made
8 available under this heading in this Act are not subject
9 to the allocation requirements of section 640(a) of the
10 Head Start Act: Provided further, That such funds may
11 be available to restore amounts, either directly or through
12 reimbursement, for obligations incurred to prevent, pre-
13 pare for, and respond to coronavirus, prior to the date
14 of enactment of this Act: Provided further, That such
19 ADMINISTRATION FOR COMMUNITY LIVING
20 AGING AND DISABILITY SERVICES PROGRAMS
21 For an additional amount for ‘‘Aging and Disability

22 Services Programs’’, $100,000,000, to prevent, prepare
23 for, and respond to coronavirus, domestically or inter-
24 nationally, which shall be for activities authorized under
25 Subtitle B of Title XX of the Social Security Act, of which
December 21, 2020 (12:59 p.m.)

1832
1 not less than $50,000,000 shall be for implementation of
2 Section 2042(b) of the Social Security Act: Provided, That
8 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
9 FUND
11 For an additional amount for ‘‘Public Health and So-

12 cial Services Emergency Fund’’, $22,945,000,000, to re-
13 main available until September 30, 2024, to prevent, pre-
15 internationally, including the development of necessary
16 countermeasures and vaccines, prioritizing platform-based
17 technologies with U.S.-based manufacturing capabilities,
18 the purchase of vaccines, therapeutics, diagnostics, nec-
19 essary medical supplies, as well as medical surge capacity,
20 and other preparedness and response activities: Provided,
21 That funds appropriated under this paragraph in this Act
22 may be used to develop and demonstrate innovations and
23 enhancements to manufacturing platforms to support such
24 capabilities: Provided further, That the Secretary of
25 Health and Human Services (referred to under this head-
December 21, 2020 (12:59 p.m.)

1833
1 ing as ‘‘Secretary’’) shall purchase vaccines developed
2 using funds made available under this paragraph in this
3 Act to respond to an outbreak or pandemic related to
4 coronavirus in quantities determined by the Secretary to
5 be adequate to address the public health need: Provided
6 further, That the Secretary may take into account geo-
7 graphical areas with a high percentage of cross-jurisdic-
8 tional workers when determining allocations of vaccine
9 doses: Provided further, That products purchased by the
10 Federal government with funds made available under this
11 paragraph in this Act, including vaccines, therapeutics,
12 and diagnostics, shall be purchased in accordance with
13 Federal Acquisition Regulation guidance on fair and rea-
14 sonable pricing: Provided further, That the Secretary may
15 take such measures authorized under current law to en-
16 sure that vaccines, therapeutics, and diagnostics developed
17 from funds provided in this Act will be affordable in the
18 commercial market: Provided further, That in carrying out
19 the preceding proviso, the Secretary shall not take actions
20 that delay the development of such products: Provided fur-
21 ther, That products purchased with funds appropriated
22 under this paragraph in this Act may, at the discretion
23 of the Secretary of Health and Human Services, be depos-
24 ited in the Strategic National Stockpile under section
25 319F–2 of the Public Health Service Act: Provided fur-
December 21, 2020 (12:59 p.m.)

1834
1 ther, That of the amount appropriated under this para-
2 graph in this Act, not more than $3,250,000,000 shall be
3 for the Strategic National Stockpile under section 319F–
4 2(a) of such Act: Provided further, That funds appro-
5 priated under this paragraph in this Act may be trans-
6 ferred to, and merged with, the fund authorized by section
7 319F–4, the Covered Countermeasure Process Fund, of
8 the Public Health Service Act: Provided further, That of
9 the amount appropriated under this paragraph in this Act,
10 $19,695,000,000 shall be available to the Biomedical Ad-
11 vanced Research and Development Authority for necessary
12 expenses of manufacturing, production, and purchase, at
13 the discretion of the Secretary, of vaccines, therapeutics,
14 and ancillary supplies necessary for the administration of
15 such vaccines and therapeutics: Provided further, That
16 funds in the preceding proviso may be used for the con-
17 struction or renovation of U.S.-based next generation
18 manufacturing facilities, other than facilities owned by the
19 United States Government: Provided further, That the
20 Secretary shall notify the Committees on Appropriations
21 of the House of Representatives and the Senate 2 days
22 in advance of any obligation in excess of $50,000,000, in-
23 cluding but not limited to contracts and interagency agree-
24 ments, from funds provided in this paragraph in this Act:
25 Provided further, That amounts appropriated under this
December 21, 2020 (12:59 p.m.)

1835
1 paragraph in this Act may be used to restore, either di-
2 rectly or through reimbursement, obligations incurred for
3 coronavirus vaccines and therapeutics planning, develop-
4 ment, preparation, and purchase prior to the enactment
5 of this Act: Provided further, That funds appropriated
6 under this paragraph in this Act may be used for the con-
7 struction, alteration, or renovation of non-federally owned
8 facilities for the production of vaccines, therapeutics,
9 diagnostics, and ancillary medical supplies where the Sec-
10 retary determines that such a contract is necessary to se-
11 cure sufficient amounts of such supplies: Provided further,
12 That not later than 30 days after enactment of this Act,
13 and every 30 days thereafter until funds are expended,
14 the Secretary shall report to the Committees on Appro-
16 on uses of funding for Operation Warp Speed, detailing
17 current obligations by Department or Agency, or compo-
18 nent thereof broken out by the coronavirus supplemental
19 appropriations Act that provided the source of funds: Pro-
20 vided further, That the plan outlined in the preceding pro-
21 viso shall include funding by contract, grant, or other
22 transaction in excess of $20,000,000 with a notation of
23 which Department or Agency, and component thereof is
24 managing the contract: Provided further, That such
December 21, 2020 (12:59 p.m.)

1836
6 main available until September 30, 2022, to prevent, pre-
8 internationally, which shall be for necessary expenses for
9 testing, contact tracing, surveillance, containment, and
10 mitigation to monitor and suppress COVID–19, including
11 tests for both active infection and prior exposure, includ-
12 ing molecular, antigen, and serological tests, the manufac-
13 turing, procurement and distribution of tests, testing
14 equipment and testing supplies, including personal protec-
15 tive equipment needed for administering tests, the devel-
16 opment and validation of rapid, molecular point-of-care
17 tests, and other tests, support for workforce, epidemiology,
18 to scale up academic, commercial, public health, and hos-
19 pital laboratories, to conduct surveillance and contact
20 tracing, support development of COVID–19 testing plans,
21 and other related activities related to COVID–19 testing
22 and mitigation: Provided, That amounts appropriated
23 under this paragraph in this Act shall be for States, local-
24 ities, territories, tribes, tribal organizations, urban Indian
25 health organizations, or health service providers to tribes
December 21, 2020 (12:59 p.m.)

1837
1 for necessary expenses for testing, contact tracing, surveil-
2 lance, containment, and mitigation, including support for
3 workforce, epidemiology, use by employers, elementary
4 and secondary schools, child care facilities, institutions of
5 higher education, long-term care facilities, or in other set-
6 tings, scale up of testing by public health, academic, com-
7 mercial, and hospital laboratories, and community-based
8 testing sites, mobile testing units, health care facilities,
9 and other entities engaged in COVID–19 testing, and
10 other related activities related to COVID–19 testing, con-
11 tact tracing, surveillance, containment, and mitigation
12 which may include interstate compacts or other mutual aid
13 agreements for such purposes: Provided further, That
14 amounts appropriated under this paragraph in this Act
15 shall be made available within 21 days of the date of en-
16 actment of this Act: Provided further, That of the amount
17 appropriated under this paragraph in this Act,
18 $790,000,000, shall be transferred to the ‘‘Department of
19 Health and Human Services—Indian Health Service—In-
20 dian Health Services’’ to be allocated at the discretion of
21 the Director of the Indian Health Service and distributed
22 through Indian Health Service directly operated programs
23 and to tribes and tribal organizations under the Indian
24 Self-Determination and Education Assistance Act and
25 through contracts or grants with urban Indian organiza-
December 21, 2020 (12:59 p.m.)

1838
1 tions under title V of the Indian Health Care Improvement
2 Act: Provided further, That the amount transferred to
3 tribes and tribal organizations under the Indian Self-De-
4 termination and Education Assistance Act in the pre-
5 ceding proviso shall be transferred on a one-time, non-re-
6 curring basis, is not part of the amount required by 25
7 U.S.C. 5325, and may only be used for the purposes iden-
8 tified under this paragraph in this Act, notwithstanding
9 any other provision of law: Provided further, That amounts
10 appropriated under this paragraph in this Act, except for
11 the amounts transferred pursuant to the third proviso
12 under this paragraph in this Act, shall be allocated to
13 States, localities, and territories according to the formula
14 that applied to the Public Health Emergency Prepared-
15 ness cooperative agreement in fiscal year 2020: Provided
16 further, That of the amount appropriated under this para-
17 graph in this Act, except for the amounts transferred pur-
18 suant to the third proviso under this paragraph in this
19 Act, not less than $2,500,000,000, shall be for strategies
20 for improving testing capabilities and other purposes de-
21 scribed in this paragraph in high-risk and underserved
22 populations, including racial and ethnic minority popu-
23 lations and rural communities, as well as developing or
24 identifying best practices for States and public health offi-
25 cials to use for contact tracing in high-risk and under-
December 21, 2020 (12:59 p.m.)

1839
1 served populations, including racial and ethnic minority
2 populations and rural communities and shall not be allo-
3 cated pursuant to the formula in the preceding proviso:
4 Provided further, That the second proviso under this para-
5 graph in this Act, shall not apply to amounts in the pre-
6 ceding proviso: Provided further, That the Secretary of
7 Health and Human Services (referred to in this paragraph
8 as the ‘‘Secretary’’) may satisfy the funding thresholds
9 outlined under this paragraph in this Act for funding
10 other than amounts transferred pursuant to the third pro-
11 viso under this paragraph in this Act by making awards
12 through other grant or cooperative agreement mecha-
13 nisms: Provided further, That the Governor or designee of
14 each State, locality, territory, tribe, or tribal organization
15 receiving funds pursuant to this paragraph in this Act
16 shall update their plans, as applicable, for COVID–19
17 testing and contact tracing submitted to the Secretary
18 pursuant to the Paycheck Protection Program and Health
19 Care Enhancement Act (Public Law 116–139) and submit
20 such updates to the Secretary not later than 60 days after
21 funds appropriated in this paragraph in this Act have been
22 awarded to such recipient: Provided further, That not later
23 than 60 days after enactment of this Act, and every quar-
24 ter thereafter until funds are expended, the Governor or
25 designee of each State, locality, territory, tribe, or tribal
December 21, 2020 (12:59 p.m.)

1840
1 organization receiving funds shall report to the Secretary
2 on uses of funding, detailing current commitments and ob-
3 ligations broken out by the coronavirus supplemental ap-
4 propriations Act that provided the source of funds: Pro-
5 vided further, That not later than 15 days after receipt
6 of such reports, the Secretary shall summarize and report
8 resentatives and the Senate and the Committee on Energy
9 and Commerce of the House of Representatives and the
10 Committee on Health, Education, Labor, and Pensions of
11 the Senate on States’ commitments and obligations of
12 funding: Provided further, That the Secretary shall make
13 publicly available the plans submitted by the Governor or
14 designee of each State, locality, territory, tribe, or tribal
15 organization and the report on use of funds provided
16 under this paragraph: Provided further, That funds an en-
17 tity receives from amounts described in the first proviso
18 in this paragraph may also be used for the rent, lease,
19 purchase, acquisition, construction, alteration, renovation,
20 or equipping of non-federally owned facilities to improve
21 coronavirus preparedness and response capability at the
22 State and local level: Provided further, That the Secretary
23 shall provide a report to the Committees on Appropria-
25 obligation of funds to eligible entities pursuant to the sixth
December 21, 2020 (12:59 p.m.)

1841
1 proviso, summarized by State, not later than 30 days after
2 the date of enactment of this Act, and every 60 days there-
3 after until funds are expired: Provided further, That such
10 main available until expended, to prevent, prepare for, and
11 respond to coronavirus, domestically or internationally,
12 which shall be for necessary expenses to reimburse,
13 through grants or other mechanisms, eligible health care
14 providers for health care related expenses or lost revenues
15 that are attributable to coronavirus: Provided, That these
16 funds may not be used to reimburse expenses or losses
17 that have been reimbursed from other sources or that
18 other sources are obligated to reimburse: Provided further,
19 That recipients of payments under this paragraph shall
20 submit reports and maintain documentation as the Sec-
21 retary determines are needed to ensure compliance with
22 conditions that are imposed by this paragraph for such
23 payments, and such reports and documentation shall be
24 in such form, with such content, and in such time as the
25 Secretary may prescribe for such purpose: Provided fur-
December 21, 2020 (12:59 p.m.)

1842
1 ther, That ‘‘eligible health care providers’’ means public
2 entities, Medicare or Medicaid enrolled suppliers and pro-
3 viders, and such for-profit entities and not-for-profit enti-
4 ties not otherwise described in this proviso as the Sec-
5 retary may specify, within the United States (including
6 territories), that provide diagnoses, testing, or care for in-
7 dividuals with possible or actual cases of COVID–19: Pro-
8 vided further, That the Secretary shall, on a rolling basis,
9 review applications and make payments under this para-
10 graph in this Act: Provided further, That funds appro-
11 priated under this paragraph in this Act shall be available
12 for building or construction of temporary structures, leas-
13 ing of properties, medical supplies and equipment includ-
14 ing personal protective equipment and testing supplies, in-
15 creased workforce and trainings, emergency operation cen-
16 ters, retrofitting facilities, and surge capacity: Provided
17 further, That, in this paragraph, the term ‘‘payment’’
18 means a pre-payment, prospective payment, or retrospec-
19 tive payment, as determined appropriate by the Secretary:
20 Provided further, That payments under this paragraph
21 shall be made in consideration of the most efficient pay-
22 ment systems practicable to provide emergency payment:
23 Provided further, That to be eligible for a payment under
24 this paragraph in this Act, an eligible health care provider
25 shall submit to the Secretary an application that includes
December 21, 2020 (12:59 p.m.)

1843
1 a statement justifying the need of the provider for the pay-
2 ment and the eligible health care provider shall have a
3 valid tax identification number: Provided further, That for
4 any reimbursement by the Secretary from the Provider
5 Relief Fund to an eligible health care provider that is a
6 subsidiary of a parent organization, the parent organiza-
7 tion may, allocate (through transfers or otherwise) all or
8 any portion of such reimbursement among the subsidiary
9 eligible health care providers of the parent organization,
10 including reimbursements referred to by the Secretary as
11 ‘‘Targeted Distribution’’ payments, among subsidiary eli-
12 gible health care providers of the parent organization ex-
13 cept that responsibility for reporting the reallocated reim-
14 bursement shall remain with the original recipient of such
15 reimbursement: Provided further, That, for any reimburse-
16 ment from the Provider Relief Fund to an eligible health
17 care provider for health care related expenses or lost reve-
18 nues that are attributable to coronavirus (including reim-
19 bursements made before the date of the enactment of this
20 Act), such provider may calculate such lost revenues using
21 the Frequently Asked Questions guidance released by the
22 Department of Health and Human Services in June 2020,
23 including the difference between such provider’s budgeted
24 and actual revenue budget if such budget had been estab-
25 lished and approved prior to March 27, 2020: Provided
December 21, 2020 (12:59 p.m.)

1844
1 further, That of the amount made available in the third
2 paragraph under this heading in Public Law 116–136, not
3 less than 85 percent of (i) the unobligated balances avail-
4 able as of the date of enactment of this Act, and (ii) any
5 funds recovered from health care providers after the date
6 of enactment of this Act, shall be for any successor to the
7 Phase 3 General Distribution allocation to make payments
8 to eligible health care providers based on applications that
9 consider financial losses and changes in operating ex-
10 penses occurring in the third or fourth quarter of calendar
11 year 2020, or the first quarter of calendar year 2021, that
12 are attributable to coronavirus: Provided further, That, not
13 later than 3 years after final payments are made under
14 this paragraph, the Office of Inspector General of the De-
15 partment of Health and Human Services shall transmit
16 a final report on audit findings with respect to this pro-
17 gram to the Committees on Appropriations of the House
18 of Representatives and the Senate: Provided further, That
19 nothing in this section limits the authority of the Inspector
20 General or the Comptroller General to conduct audits of
21 interim payments at an earlier date: Provided further,
22 That not later than 60 days after the date of enactment
23 of this Act, the Secretary of Health and Human Services
24 shall provide a report to the Committees on Appropria-
December 21, 2020 (12:59 p.m.)

1845
1 obligation of funds, including obligations to such eligible
2 health care providers, summarized by State of the pay-
3 ment receipt: Provided further, That such reports shall be
4 updated and submitted to such Committees every 60 days
5 until funds are expended: Provided further, That the
6 amounts repurposed in this paragraph that were pre-
8 quirement pursuant to the Balanced Budget and Emer-
9 gency Deficit Control Act of 1985 are designated by the
10 Congress as an emergency requirement pursuant to sec-
12 gency Deficit Control Act of 1985: Provided further, That
18 HEALTH AND HUMAN SERVICES
19 SEC. 301. Funds appropriated by this title may be
20 used by the Secretary of the Department of Health and
21 Human Services to appoint, without regard to the provi-
22 sions of sections 3309 through 3319 of title 5 of the
23 United States Code, candidates needed for positions to
24 perform critical work relating to coronavirus for which—
25 (1) public notice has been given; and
December 21, 2020 (12:59 p.m.)

1846
1 (2) the Secretary of Health and Human Serv-
2 ices has determined that such a public health threat
3 exists.
4 SEC. 302. Funds appropriated by this title may be
5 used to enter into contracts with individuals for the provi-
6 sion of personal services (as described in section 104 of
7 part 37 of title 48, Code of Federal Regulations (48 CFR
8 37.104)) to support the prevention of, preparation for, or
9 response to coronavirus, domestically and internationally,
10 subject to prior notification to the Committees on Appro-
11 priations of the House of Representatives and the Senate:
12 Provided, That such individuals may not be deemed em-
13 ployees of the United States for the purpose of any law
14 administered by the Office of Personnel Management: Pro-
15 vided further, That the authority made available pursuant
16 to this section shall expire on September 30, 2024.
17 SEC. 303. (a) If services performed by an employee
18 during 2020 and 2021 are determined by the head of the
19 agency to be primarily related to preparation, prevention,
20 or response to coronavirus, any premium pay for such
21 services shall be disregarded in calculating the aggregate
22 of such employee’s basic pay and premium pay for pur-
23 poses of a limitation under section 5547(a) of title 5,
24 United States Code, or under any other provision of law,
December 21, 2020 (12:59 p.m.)

1847
1 whether such employees pay is paid on a biweekly or cal-
2 endar year basis.
3 (b) Any overtime pay for such services shall be dis-
4 regarded in calculating any annual limit on the amount
5 of overtime pay payable in a calendar or fiscal year.
6 (c) With regard to such services, any pay that is dis-
7 regarded under either subsection (a) or (b) shall be dis-
8 regarded in calculating such employee’s aggregate pay for
9 purposes of the limitation in section 5307 of such title 5.
10 (d)(1) Pay that is disregarded under subsection (a)
11 or (b) shall not cause the aggregate of the employee’s basic
12 pay and premium pay for the applicable calendar year to
13 exceed the rate of basic pay payable for a position at level
14 II of the Executive Schedule under section 5313 of title
15 5, United States Code, as in effect at the end of such cal-
16 endar year.
17 (2) For purposes of applying this subsection to
18 an employee who would otherwise be subject to the
19 premium pay limits established under section 5547
20 of title 5, United States Code, ‘‘premium pay’’
21 means the premium pay paid under the provisions of
22 law cited in section 5547(a).
23 (3) For purposes of applying this subsection to
24 an employee under a premium pay limit established
25 under an authority other than section 5547 of title
December 21, 2020 (12:59 p.m.)

1848
1 5, United States Code, the agency responsible for
2 administering such limit shall determine what pay-
3 ments are considered premium pay.
4 (e) This section shall take effect as if enacted on Feb-
5 ruary 2, 2020.
6 (f) If application of this section results in the pay-
7 ment of additional premium pay to a covered employee of
8 a type that is normally creditable as basic pay for retire-
9 ment or any other purpose, that additional pay shall not—
10 (1) be considered to be basic pay of the covered
11 employee for any purpose; or
12 (2) be used in computing a lump-sum payment
13 to the covered employee for accumulated and ac-
14 crued annual leave under section 5551 or section
16 SEC. 304. Funds appropriated by this title to the
17 heading ‘‘Department of Health and Human Services’’ ex-
18 cept for the amounts specified in the second and third
19 paragraphs under the heading ‘‘Public Health and Social
20 Services Emergency Fund’’, may be transferred to, and
21 merged with, other appropriation accounts under the
22 headings ‘‘Centers for Disease Control and Prevention’’,
23 ‘‘National Institutes of Health’’, ‘‘Substance Abuse and
24 Mental Health Services’’, ‘‘Administration for Children
25 and Families’’, and ‘‘Public Health and Social Services
December 21, 2020 (12:59 p.m.)

1849
1 Emergency Fund’’, to prevent, prepare for, and respond
2 to coronavirus following consultation with the Office of
3 Management and Budget: Provided further, That the
5 atives and the Senate shall be notified 10 days in advance
6 of any such transfer: Provided further, That, upon a deter-
7 mination that all or part of the funds transferred from
8 an appropriation by this title are not necessary, such
9 amounts may be transferred back to that appropriation:
10 Provided further, That none of the funds made available
11 by this title may be transferred pursuant to the authority
12 in section 205 of division A of Public Law 116–94 or sec-
13 tion 241(a) of the PHS Act.
14 SEC. 305. Of the funds appropriated by this title
15 under the heading ‘‘Public Health and Social Services
16 Emergency Fund’’, up to $2,000,000 shall be transferred
17 to the ‘‘Office of the Secretary, Office of Inspector Gen-
18 eral’’, and shall remain available until expended, for over-
19 sight of activities supported with funds appropriated to
20 the Department of Health and Human Services to pre-
22 or internationally: Provided, That the Inspector General
23 of the Department of Health and Human Services shall
24 consult with the Committees on Appropriations of the
25 House of Representatives and the Senate prior to obli-
December 21, 2020 (12:59 p.m.)

1850
1 gating such funds: Provided further, That the transfer au-
2 thority provided by this section is in addition to any other
3 transfer authority provided by law.
4 SEC. 306. Section 675b(b)(3) of the Community
5 Services Block Grant Act (42 U.S.C. 9906(b)(3)) shall not
6 apply with respect to funds appropriated by the
8 lic Law 116–136) to carry out the Community Services
9 Block Grant Act (42 U.S.C. 9901 et seq.): Provided, That
10 the amounts repurposed in this section that were pre-
12 quirement pursuant to the Balanced Budget and Emer-
13 gency Deficit Control Act of 1985 are designated by the
14 Congress as an emergency requirement pursuant to sec-
17 SEC. 307. Penalties and administrative requirements
18 under title XXVI of the Public Health Service Act may
19 be waived by the Secretary of Health and Human Services
20 for funds awarded under such title of such Act from
21 amounts provided for fiscal year 2020 and fiscal year
22 2021 under the heading ‘‘Department of Health and
23 Human Services—Health Resources and Services Admin-
24 istration’’, including amounts made available under such
25 heading by transfer: Provided, That such amount is des-
December 21, 2020 (12:59 p.m.)

1851
4 DEPARTMENT OF EDUCATION
5 EDUCATION STABILIZATION FUND
6 For an additional amount for ‘‘Education Stabiliza-

7 tion Fund’’, $81,880,000,000, to remain available through
8 September 30, 2022, to prevent, prepare for, and respond
9 to coronavirus, domestically or internationally: Provided,
15 EDUCATION
16 EDUCATION STABILIZATION FUND
17 SEC. 311. (a) ALLOCATIONS.—From the amount

18 made available under this heading in this Act to carry out
19 the Education Stabilization Fund, the Secretary shall first
20 allocate—
21 (1) one-half of 1 percent to the outlying areas
22 for supplemental awards to be allocated not more
23 than 30 calendar days from the date of enactment
24 of this Act on the basis of the terms and conditions
25 for funding provided under section 18001(a)(1) of
December 21, 2020 (12:59 p.m.)

1852
1 the Coronavirus Aid, Relief, and Economic Security
2 (CARES) Act (Public Law 116–136); and
3 (2) one-half of 1 percent for a supplemental
4 award to be allocated to the Secretary of Interior
5 not more than 30 calendar days from enactment of
6 this Act for programs operated or funded by the Bu-
7 reau of Indian Education (BIE) under the terms
8 and conditions established for funding provided
9 under section 18001(a)(2) of the CARES Act (Pub-
10 lic Law 116–136), for BIE-operated and funded ele-
11 mentary and secondary schools and Tribal Colleges
12 and Universities, except that funding shall be allo-
13 cated as follows:
14 (A) 60 percent for Bureau-funded schools,
15 as defined in 25 U.S.C. 2021, provided that
16 such schools may not be required to submit a
17 spending plan before receipt of funding.
18 (B) 40 percent for Tribal Colleges and
19 Universities, which shall be distributed accord-
20 ing to the formula in section 316(d)(3) of the
21 Higher Education Act of 1965 (‘‘HEA’’).
22 (b) RESERVATIONS.—After carrying out subsection
23 (a), the Secretary shall reserve the remaining funds made
24 available as follows:
December 21, 2020 (12:59 p.m.)

1853
1 (1) 5 percent to carry out section 312 of this
2 title.
4 title.
6 title.
7 GOVERNOR’S EMERGENCY EDUCATION RELIEF FUND
8 SEC. 312. (a) PROGRAM AUTHORIZED.—(1) From

9 funds reserved under section 311(b)(1) of this title and
10 not reserved under paragraph (2), the Secretary shall
11 make supplemental Emergency Education Relief grants to
12 the Governor of each State with an approved application
13 under section 18002 of division B of the CARES Act
14 (Public Law 116–136). The Secretary shall award funds
15 under this section to the Governor of each State with an
16 approved application within 30 calendar days of the date
18 (2) RESERVATION.—From funds made available
19 under section 311(b)(1) of this title, the Secretary
20 shall reserve $2,750,000,000 of such funds to pro-
21 vide Emergency Assistance to Non-Public Schools
22 grants, in accordance with subsection (d), to the
23 Governor of each State with an approved application
24 under subsection (d)(2).
December 21, 2020 (12:59 p.m.)

1854
1 (b) ALLOCATIONS.—The amount of each grant under
2 subsection (a)(1) shall be allocated by the Secretary to
3 each State as follows:
4 (1) 60 percent on the basis of their relative
5 population of individuals aged 5 through 24.
6 (2) 40 percent on the basis of their relative
7 number of children counted under section 1124(c) of
8 the Elementary and Secondary Education Act of
9 1965 (‘‘ESEA’’).
10 (c) USES OF FUNDS.—Grant funds awarded under
11 subsection (a)(1) may be used to—
12 (1) provide emergency support through grants
13 to local educational agencies that the State edu-
14 cational agency deems have been most significantly
15 impacted by coronavirus to support the ability of
16 such local educational agencies to continue to pro-
17 vide educational services to their students and to
18 support the on-going functionality of the local edu-
19 cational agency;
20 (2) provide emergency support through grants
21 to institutions of higher education serving students
22 within the State that the Governor determines have
23 been most significantly impacted by coronavirus to
24 support the ability of such institutions to continue to
December 21, 2020 (12:59 p.m.)

1855
1 provide educational services and support the on-
2 going functionality of the institution; and
3 (3) provide support to any other institution of
4 higher education, local educational agency, or edu-
5 cation related entity within the State that the Gov-
6 ernor deems essential for carrying out emergency
7 educational services to students for authorized ac-
8 tivities described in section 313(d)(1) of this title or
9 the HEA; the provision of child care and early child-
10 hood education, social and emotional support; and
11 the protection of education-related jobs.
12 (d) EMERGENCY ASSISTANCE TO NON-PUBLIC
13 SCHOOLS.—
14 (1) PROGRAM AUTHORIZED.—
15 (A) IN GENERAL.—With funds reserved

16 under subsection (a)(2), the Secretary shall
17 allot the amount described in subparagraph (B)
18 to the Governor of each State with an approved
19 application under paragraph (2) in order to
20 provide services or assistance to non-public
21 schools under this subsection. The Governor
22 shall designate the State educational agency to
23 administer the program authorized under this
24 subsection.
December 21, 2020 (12:59 p.m.)

1856
1 (B) AMOUNT OF ALLOTMENT.—An allot-
2 ment for a State under subparagraph (A) shall
3 be in the amount that bears the same relation-
4 ship to the total amount of the funds reserved
5 under subsection (a)(2) as the number of chil-
6 dren aged 5 through 17 at or below 185 percent
7 of poverty who are enrolled in non-public
8 schools in the State (as determined by the Sec-
9 retary on the basis of the best available data)
10 bears to the total number of all such children
11 in all States.
12 (2) APPLICATIONS FROM STATES.—
13 (A) APPLICATION REQUEST AND RE-
14 VIEW.—The Secretary shall—

15 (i) issue a notice inviting applications
16 for funds reserved under subsection (a)(2)
17 not later than 30 days after the date of en-
18 actment of this Act; and
19 (ii) approve or deny an application not
20 later than 15 days after the receipt of the
21 application.
22 (B) ASSURANCE.—The Governor of each
23 State, in consultation with their respective
24 State educational agency, shall include in the
25 application submitted under this paragraph an
December 21, 2020 (12:59 p.m.)

1857
1 assurance that the State educational agency
2 will—
3 (i) distribute information about the
4 program to non-public schools and make
5 the information and the application easily
6 available;
7 (ii) process all applications submitted
8 promptly, in accordance with subparagraph
9 (3)(A)(ii);
10 (iii) in providing services or assistance
11 to non-public schools, ensure that services
12 or assistance is provided to any non-public
13 school that—
14 (I) is a non-public school de-
15 scribed in paragraph (3)(C);
16 (II) submits an application that
17 meets the requirements of paragraph
18 (3)(B); and
19 (III) requests services or assist-
20 ance allowable under paragraph (4);
21 (iv) to the extent practicable, obligate
22 all funds provided under subsection (a)(2)
23 for services or assistance to non-public
24 schools in the State in an expedited and
25 timely manner; and
December 21, 2020 (12:59 p.m.)

1858
1 (v) obligate funds to provide services
2 or assistance to non-public schools in the
3 State not later than 6 months after receiv-
4 ing such funds under subsection (a)(2).
5 (3) APPLICATIONS FOR SERVICES OR ASSIST-
6 ANCE.—
7 (A) APPLICATION REQUEST AND RE-
8 VIEW.—A State educational agency receiving

9 funds from the Governor under this subsection
10 shall—
11 (i) make the application for services
12 or assistance described in subparagraph
13 (B) available to non-public schools by not
14 later than 30 days after the receipt of such
15 funds; and
16 (ii) approve or deny an application not
17 later than 30 days after the receipt of the
18 application.
19 (B) APPLICATION REQUIREMENTS.—Each
20 non-public school desiring services or assistance

21 under this subsection shall submit an applica-
22 tion to the State educational agency at such
23 time, in such manner, and accompanied by such
24 information as the State educational agency
25 may reasonably require to ensure expedited and
December 21, 2020 (12:59 p.m.)

1859
1 timely provision of services or assistance to the
2 non-public school, which shall include—
3 (i) the number and percentage of stu-
4 dents from low-income families enrolled by
5 such non-public school in the 2019–2020
6 school year;
7 (ii) a description of the emergency
8 services authorized under paragraph (4)
9 that such non-public school requests to be
10 provided by the State educational agency;
11 and
12 (iii) whether the non-public school re-
13 questing services or assistance under this
14 subsection received a loan guaranteed
15 under paragraph (36) of section 7(a) of
16 the Small Business Act (15 U.S.C. 636(a))
17 that was made before the date of enact-
18 ment of this Act and the amount of any
19 such loan received.
20 (C) TARGETING.—A State educational
21 agency receiving funds under this subsection
22 shall prioritize services or assistance to non-
23 public schools that enroll low-income students
24 and are most impacted by the qualifying emer-
25 gency.
December 21, 2020 (12:59 p.m.)

1860
1 (4) TYPES OF SERVICES OR ASSISTANCE.—A
2 non-public school receiving services or assistance

3 under this subsection shall use such services or as-
4 sistance to address educational disruptions resulting
5 from the qualifying emergency for—
6 (A) supplies to sanitize, disinfect, and
7 clean school facilities;
8 (B) personal protective equipment;
9 (C) improving ventilation systems, includ-
10 ing windows or portable air purification systems
11 to ensure healthy air in the non-public school;
12 (D) training and professional development
13 for staff on sanitation, the use of personal pro-
14 tective equipment, and minimizing the spread of
15 infectious diseases;
16 (E) physical barriers to facilitate social
17 distancing;
18 (F) other materials, supplies, or equipment
19 to implement public health protocols, including
20 guidelines and recommendations from the Cen-
21 ters for Disease Control and Prevention for the
22 reopening and operation of school facilities to
23 effectively maintain the health and safety of
24 students, educators, and other staff during the
25 qualifying emergency;
December 21, 2020 (12:59 p.m.)

1861
1 (G) expanding capacity to administer
2 coronavirus testing to effectively monitor and
3 suppress coronavirus, to conduct surveillance
4 and contact tracing activities, and to support
5 other activities related to coronavirus testing
6 for students, teachers, and staff at the non-pub-
7 lic school;
8 (H) educational technology (including
9 hardware, software, connectivity, assistive tech-
10 nology, and adaptive equipment) to assist stu-
11 dents, educators, and other staff with remote or
12 hybrid learning;
13 (I) redeveloping instructional plans, includ-
14 ing curriculum development, for remote learn-
15 ing, hybrid learning, or to address learning loss;
16 (J) leasing of sites or spaces to ensure safe
17 social distancing to implement public health
18 protocols, including guidelines and rec-
19 ommendations from the Centers for Disease
20 Control and Prevention;
21 (K) reasonable transportation costs;
22 (L) initiating and maintaining education
23 and support services or assistance for remote
24 learning, hybrid learning, or to address learning
25 loss; or
December 21, 2020 (12:59 p.m.)

1862
1 (M) reimbursement for the expenses of any
2 services or assistance described in this para-
3 graph (except for subparagraphs (C) (except
4 that portable air purification systems shall be
5 an allowable reimbursable expense), (D), (I),
6 and (L)) that the non-public school incurred on
7 or after the date of the qualifying emergency,
8 except that any non-public school that has re-
9 ceived a loan guaranteed under paragraph (36)
10 of section 7(a) of the Small Business Act (15
11 U.S.C. 636(a)) as of the day prior to the date
12 of enactment of this Act shall not be eligible for
13 reimbursements described in this paragraph for
14 any expenses reimbursed through such loan.
15 (5) ADMINISTRATION.—A State educational
16 agency receiving funds under this subsection may re-
17 serve not more than the greater of $200,000 or one-
18 half of 1 percent of such funds to administer the
19 services and assistance provided under this sub-
20 section to non-public schools.
21 (6) REALLOCATION.—Notwithstanding para-
22 graph (1)(A), each State educational agency receiv-
23 ing funds under this subsection that complies with
24 paragraph (2) but has unobligated funds remaining
25 6 months after receiving funds under this subsection
December 21, 2020 (12:59 p.m.)

1863
1 shall return such remaining unobligated funds to the
2 Governor, to use for any use authorized under sub-
3 section (c).
4 (7) PUBLIC CONTROL OF FUNDS.—
5 (A) IN GENERAL.—The control of funds

6 for the services or assistance provided to a non-
7 public school under this subsection, and title to
8 materials, equipment, and property purchased
9 with such funds, shall be in a public agency,
10 and a public agency shall administer such
11 funds, services, assistance, materials, equip-
12 ment, and property.
13 (B) PROVISION OF SERVICES OR ASSIST-
14 ANCE.—
15 (i) PROVIDER.—The provision of serv-

16 ices or assistance to a non-public school
17 under this subsection shall be provided—
18 (I) by employees of a public
19 agency; or
20 (II) through contract by such
21 public agency with an individual, asso-
22 ciation, agency, or organization.
23 (ii) REQUIREMENT.—In the provision
24 of services or assistance described in clause
25 (i), such employee, individual, association,
December 21, 2020 (12:59 p.m.)

1864
1 agency, or organization shall be inde-
2 pendent of the non-public school receiving
3 such services or assistance, and such em-
4 ployment and contracts shall be under the
5 control and supervision of such public
6 agency described in subparagraph (A).
7 (8) SECULAR, NEUTRAL, AND NON-IDEOLOG-
8 ICAL.—All services or assistance provided under this

9 subsection, including providing equipment, materials,
10 and any other items, shall be secular, neutral, and
11 non-ideological.
12 (9) INTERACTION WITH PAYCHECK PROTECTION
13 PROGRAM.—(A) IN GENERAL.—In order to be eligi-

14 ble to receive services or assistance under this sub-
15 section, a non-public school shall submit to the State
16 an assurance, including any documentation required
17 by the Secretary, that such non-public school did
18 not, and will not, apply for and receive a loan under
19 paragraphs (36) or (37) of section 7(a) of the Small
20 Business Act (15 U.S.C. 636(a)(37)) that is made
21 on or after the date of enactment of this Act.
22 (B) ALLOWANCE.—A non-public school
23 that received a loan guaranteed under para-
24 graph (36) of section 7(a) of the Small Busi-
25 ness Act (15 U.S.C. 636(a)) that was made be-
December 21, 2020 (12:59 p.m.)

1865
1 fore the date of enactment of this Act shall be
2 eligible to receive services or assistance under
3 this subsection.
4 (e) RESTRICTIONS.—
5 (1) Funds provided under this section shall not
6 be used—
7 (A) to provide direct or indirect financial
8 assistance to scholarship granting organizations
9 or related entities for elementary or secondary
10 education; or
11 (B) to provide or support vouchers, tuition
12 tax credit programs, education savings ac-
13 counts, scholarships, scholarship programs, or
14 tuition-assistance programs for elementary or
15 secondary education.
16 (2) EXCEPTION.—Notwithstanding paragraph
17 (1), a State may use funds provided under sub-
18 section (a)(1) to provide assistance prohibited under
19 paragraph (1) only to students who receive or re-
20 ceived such assistance with funds provided under
21 section 18002(a) of division B of the CARES Act
22 (20 U.S.C. 3401 note), for the 2020–2021 school
23 year and only for the same assistance provided such
24 students under such section.
December 21, 2020 (12:59 p.m.)

1866
1 (3) RULE OF CONSTRUCTION.—Nothing in this
2 subsection shall be interpreted to apply any addi-
3 tional restrictions to funds provided in section
4 18002(a) of division B of the CARES Act (20
5 U.S.C. 3401 note).
6 (f) REALLOCATION.—Each Governor shall return to
7 the Secretary any funds received under paragraph (1) or
8 (2) of subsection (a) that the Governor does not award
9 or obligate not later than 1 year after the date of receipt
10 of such funds, and the Secretary shall reallocate such
11 funds to the remaining States in accordance with sub-
12 section (b) for uses authorized under subsection (c).
13 ELEMENTARY AND SECONDARY SCHOOL EMERGENCY
14 RELIEF FUND
15 SEC. 313. (a) GRANTS.—From funds reserved under

16 section 311(b)(2) of this title, the Secretary shall make
17 supplemental elementary and secondary school emergency
18 relief grants to each State educational agency with an ap-
19 proved application under section 18003 of division B of
20 the CARES Act (Public Law 116–136). The Secretary
21 shall award funds under this section to each State edu-
22 cational agency with an approved application within 30
23 calendar days of the date of enactment of this Act.
24 (b) ALLOCATIONS TO STATES.—The amount of each
25 grant under subsection (a) shall be allocated by the Sec-
December 21, 2020 (12:59 p.m.)

1867
1 retary to each State in the same proportion as each State
2 received under part A of title I of the ESEA of 1965 in
3 the most recent fiscal year.
4 (c) SUBGRANTS TO LOCAL EDUCATIONAL AGEN-
5 CIES.—Each State shall allocate not less than 90 percent
6 of the grant funds awarded to the State under this section
7 as subgrants to local educational agencies (including char-
8 ter schools that are local educational agencies) in the State
9 in proportion to the amount of funds such local edu-
10 cational agencies and charter schools that are local edu-
11 cational agencies received under part A of title I of the
12 ESEA of 1965 in the most recent fiscal year.
13 (d) USES OF FUNDS.—A local educational agency
14 that receives funds under this section may use the funds
15 for any of the following:
16 (1) Any activity authorized by the ESEA of
17 1965, including the Native Hawaiian Education Act
18 and the Alaska Native Educational Equity, Support,
19 and Assistance Act (20 U.S.C. 6301 et seq.), the In-
20 dividuals with Disabilities Education Act (20 U.S.C.
21 1400 et seq.) (‘‘IDEA’’), the Adult Education and
22 Family Literacy Act (20 U.S.C. 1400 et seq.), the
23 Carl D. Perkins Career and Technical Education
24 Act of 2006 (20 U.S.C. 2301 et seq.) (‘‘the Perkins
25 Act’’), or subtitle B of title VII of the McKinney-
December 21, 2020 (12:59 p.m.)

1868
1 Vento Homeless Assistance Act (42 U.S.C. 11431 et
2 seq.).
3 (2) Coordination of preparedness and response
4 efforts of local educational agencies with State, local,
5 Tribal, and territorial public health departments,
6 and other relevant agencies, to improve coordinated
7 responses among such entities to prevent, prepare
8 for, and respond to coronavirus.
9 (3) Providing principals and others school lead-
10 ers with the resources necessary to address the
11 needs of their individual schools.
12 (4) Activities to address the unique needs of
13 low-income children or students, children with dis-
14 abilities, English learners, racial and ethnic minori-
15 ties, students experiencing homelessness, and foster
16 care youth, including how outreach and service deliv-
17 ery will meet the needs of each population.
18 (5) Developing and implementing procedures
19 and systems to improve the preparedness and re-
20 sponse efforts of local educational agencies.
21 (6) Training and professional development for
22 staff of the local educational agency on sanitation
23 and minimizing the spread of infectious diseases.
December 21, 2020 (12:59 p.m.)

1869
1 (7) Purchasing supplies to sanitize and clean
2 the facilities of a local educational agency, including
3 buildings operated by such agency.
4 (8) Planning for, coordinating, and imple-
5 menting activities during long-term closures, includ-
6 ing providing meals to eligible students, providing
7 technology for online learning to all students, pro-
8 viding guidance for carrying out requirements under
9 the IDEA and ensuring other educational services
10 can continue to be provided consistent with all Fed-
11 eral, State, and local requirements.
12 (9) Purchasing educational technology (includ-
13 ing hardware, software, and connectivity) for stu-
14 dents who are served by the local educational agency
15 that aids in regular and substantive educational
16 interaction between students and their classroom in-
17 structors, including low-income students and chil-
18 dren with disabilities, which may include assistive
19 technology or adaptive equipment.
20 (10) Providing mental health services and sup-
21 ports.
22 (11) Planning and implementing activities re-
23 lated to summer learning and supplemental after-
24 school programs, including providing classroom in-
25 struction or online learning during the summer
December 21, 2020 (12:59 p.m.)

1870
1 months and addressing the needs of low-income stu-
2 dents, children with disabilities, English learners,
3 migrant students, students experiencing homeless-
4 ness, and children in foster care.
5 (12) Addressing learning loss among students,
6 including low-income students, children with disabil-
7 ities, English learners, racial and ethnic minorities,
8 students experiencing homelessness, and children
9 and youth in foster care, of the local educational
10 agency, including by—
11 (A) Administering and using high-quality
12 assessments that are valid and reliable, to accu-
13 rately assess students’ academic progress and
14 assist educators in meeting students’ academic
15 needs, including through differentiating instruc-
16 tion.
17 (B) Implementing evidence-based activities
18 to meet the comprehensive needs of students.
19 (C) Providing information and assistance
20 to parents and families on how they can effec-
21 tively support students, including in a distance
22 learning environment.
23 (D) Tracking student attendance and im-
24 proving student engagement in distance edu-
25 cation.
December 21, 2020 (12:59 p.m.)

1871
1 (13) School facility repairs and improvements
2 to enable operation of schools to reduce risk of virus
3 transmission and exposure to environmental health
4 hazards, and to support student health needs.
5 (14) Inspection, testing, maintenance, repair,
6 replacement, and upgrade projects to improve the in-
7 door air quality in school facilities, including me-
8 chanical and non-mechanical heating, ventilation,
9 and air conditioning systems, filtering, purification
10 and other air cleaning, fans, control systems, and
11 window and door repair and replacement.
12 (15) Other activities that are necessary to
13 maintain the operation of and continuity of services
14 in local educational agencies and continuing to em-
15 ploy existing staff of the local educational agency.
16 (e) STATE FUNDING.—With funds not otherwise allo-
17 cated under subsection (c), a State may reserve not more
18 than one-half of 1 percent for administrative costs and the
19 remainder for emergency needs as determined by the state
20 educational agency to address issues responding to
21 coronavirus, including measuring and addressing learning
22 loss, which may be addressed through the use of grants
23 or contracts.
24 (f) REPORT.—A State receiving funds under this sec-
25 tion shall submit a report to the Secretary, not later than
December 21, 2020 (12:59 p.m.)

1872
1 6 months after receiving funding provided in this Act, in
2 such manner and with such subsequent frequency as the
3 Secretary may require, that provides a detailed accounting
4 of the use of funds provided under this section, including
5 how the State is using funds to measure and address
6 learning loss among students disproportionately affected
7 by coronavirus and school closures, including low-income
8 students, children with disabilities, English learners, racial
9 and ethnic minorities, students experiencing homelessness,
10 and children and youth in foster care.
11 (g) REALLOCATION.—A State shall return to the Sec-
12 retary any funds received under this section that the State
13 does not award within 1 year of receiving such funds and
14 the Secretary shall reallocate such funds to the remaining
15 States in accordance with subsection (b).
16 HIGHER EDUCATION EMERGENCY RELIEF FUND
17 SEC. 314. (a) IN GENERAL.—From funds reserved

18 under section 311(b)(3) of this title the Secretary shall
19 allocate amounts to institutions of higher education with
20 an approved application as follows:
21 (1) 89 percent to each institution of higher edu-
22 cation as defined in section 101 or section 102(c) of
23 the HEA to prevent, prepare for, and respond to
24 coronavirus, by apportioning it—
December 21, 2020 (12:59 p.m.)

1873
1 (A) 37.5 percent according to the relative
2 share of full-time equivalent enrollment of stu-
3 dents who were Federal Pell Grant recipients
4 and who were not exclusively enrolled in dis-
5 tance education courses prior to the qualifying
6 emergency;
7 (B) 37.5 percent according to the relative
8 share of the total number of students who were
9 Federal Pell Grant recipients and who were not
10 exclusively enrolled in distance education
11 courses prior to the qualifying emergency;
12 (C) 11.5 percent according to the relative
14 dents who were not Federal Pell Grant recipi-
15 ents and who were not exclusively enrolled in
16 distance education courses prior to the quali-
17 fying emergency;
18 (D) 11.5 percent according to the relative
20 not Federal Pell Grant recipients and who were
21 not exclusively enrolled in distance education
22 courses prior to the qualifying emergency;
23 (E) 1 percent according to the relative
25 dents who were Federal Pell grant recipients
December 21, 2020 (12:59 p.m.)

1874
1 and who were exclusively enrolled in distance
2 education courses prior to the qualifying emer-
3 gency; and
4 (F) 1 percent according to the relative
6 Federal Pell grant recipients and who were ex-
7 clusively enrolled in distance education courses
8 prior to the qualifying emergency.
9 (2) 7.5 percent for additional awards under
10 parts A and B of title III, parts A and B of title
11 V, and subpart 4 of part A of title VII of the HEA
12 to address needs directly related to coronavirus, that
13 shall be in addition to awards made in subsection
14 (a)(1), and allocated by the Secretary proportionally
15 to such programs based on the relative share of
16 funding appropriated to such programs in the Fur-
17 ther Consolidated Appropriations Act, 2020 (Public
18 Law 116–94) and distributed to eligible institutions
19 of higher education, except as otherwise provided in
20 subparagraphs (A) through (C), on the basis of the
21 formula described in subparagraphs (A) through (F)
22 of subsection (a)(1):
23 (A) Except as otherwise provided in sub-
24 paragraph (2)(B), for eligible institutions under
25 part B of title III and subpart 4 of part A of
December 21, 2020 (12:59 p.m.)

1875
1 title VII of the HEA, the Secretary shall allot
2 to each eligible institution an amount using the
3 following formula:
4 (i) 70 percent according to a ratio
5 equivalent to the number of Pell Grant re-
6 cipients in attendance at such institution
7 at the end of the school year preceding the
8 beginning of the most recent fiscal year
9 and the total number of Pell Grant recipi-
10 ents at all such institutions;
11 (ii) 20 percent according to a ratio
12 equivalent to the total number of students
13 enrolled at such institution at the end of
14 the school year preceding the beginning of
15 that fiscal year and the number of stu-
16 dents enrolled at all such institutions; and
17 (iii) 10 percent according to a ratio
18 equivalent to the total endowment size at
19 all eligible institutions at the end of the
20 school year preceding the beginning of that
21 fiscal year and the total endowment size at
22 such institution;
23 (B) For eligible institutions under section
24 326 of the HEA, the Secretary shall allot to
25 each eligible institution an amount in propor-
December 21, 2020 (12:59 p.m.)

1876
1 tion to the award received from funding for
2 such institutions in the Further Consolidated
3 Appropriations Act, 2020 (Public Law 116–94);
4 and
5 (C) For eligible institutions under section
6 316 of the HEA, the Secretary shall allot fund-
7 ing according to the formula in section
8 316(d)(3) of the HEA.
9 (3) 0.5 percent for part B of title VII of the
10 HEA for institutions of higher education that the
11 Secretary determines have, after allocating other
12 funds available under this section, the greatest
13 unmet needs related to coronavirus, including insti-
14 tutions of higher education with large populations of
15 graduate students and institutions of higher edu-
16 cation that did not otherwise receive an allocation
17 under this section. In awarding funds under this
18 paragraph, the Secretary shall publish an application
19 for such funds no later than 60 calendar days of en-
20 actment of this Act, and shall provide a briefing to
21 the Committees on Appropriations of the House of
22 Representatives and the Senate no later than 7 days
23 prior to publishing such application.
24 (4) 3 percent to institutions of higher education
25 as defined in section 102(b) of the HEA allocated on
December 21, 2020 (12:59 p.m.)

1877
1 the basis of the formula described in subparagraphs
2 (A) through (F) of subsection (a)(1).
3 (b)(1) DISTRIBUTION.—The funds made available to
4 each institution under subsection (a)(1) shall be distrib-
5 uted by the Secretary using the same systems as the Sec-
6 retary otherwise distributes funding to institutions under
7 title IV of the HEA.
8 (2) The Secretary shall allocate amounts to in-
9 stitutions of higher education under this section, to
10 the extent practicable, as follows:
11 (A) under subsections (a)(1) and (a)(4)
12 within 30 calendar days of the date of enact-
13 ment of this Act;
14 (B) under subsection (a)(2) within 60 cal-
15 endar days of the date of enactment of this Act;
16 and
17 (C) under subsection (a)(3) within 120 cal-
18 endar days of enactment of this Act.
19 (c) USES OF FUNDS.—An institution of higher edu-
20 cation receiving funds under this section may use the
21 funds received to—
22 (1) defray expenses associated with coronavirus
23 (including lost revenue, reimbursement for expenses
24 already incurred, technology costs associated with a
December 21, 2020 (12:59 p.m.)

1878
1 transition to distance education, faculty and staff
2 trainings, and payroll);
3 (2) carry out student support activities author-
4 ized by the HEA that address needs related to
5 coronavirus; or
6 (3) provide financial aid grants to students (in-
7 cluding students exclusively enrolled in distance edu-
8 cation), which may be used for any component of the
9 student’s cost of attendance or for emergency costs
10 that arise due to coronavirus, such as tuition, food,
11 housing, health care (including mental health care),
12 or child care. In making financial aid grants to stu-
13 dents, an institution of higher education shall
14 prioritize grants to students with exceptional need,
15 such as students who receive Pell Grants.
16 (d) SPECIAL PROVISIONS.—
17 (1) A Historically Black College and University
18 or a Minority Serving Institution may use prior
19 awards provided under titles III, V, and VII of the
20 Higher Education Act to prevent, prepare for, and
21 respond to coronavirus.
22 (2) An institution of higher education awarded
23 funds under section 18004 of division B of the
24 CARES Act (Public Law 116–136) prior to the date
25 of enactment of this Act may use those funds under
December 21, 2020 (12:59 p.m.)

1879
1 the terms and conditions of section 314(c) of this
2 title, subject to the requirements in paragraph (5).
3 Amounts repurposed pursuant to this paragraph
4 that were previously designated by the Congress as
5 an emergency requirement pursuant to the Balanced
6 Budget and Emergency Deficit Control Act of 1985
7 are designated by the Congress as an emergency re-
8 quirement pursuant to section 251(b)(2)(A)(i) of the
9 Balanced Budget and Emergency Deficit Control
10 Act of 1985.
11 (3) No funds received by an institution of high-
12 er education under this section shall be used to fund
13 contractors for the provision of pre-enrollment re-
14 cruitment activities; marketing or recruitment; en-
15 dowments; capital outlays associated with facilities
16 related to athletics, sectarian instruction, or religious
17 worship; senior administrator or executive salaries,
18 benefits, bonuses, contracts, incentives; stock
19 buybacks, shareholder dividends, capital distribu-
20 tions, and stock options; or any other cash or other
21 benefit for a senior administrator or executive.
22 (4) Any funds that remain available for obliga-
23 tion as of the date of enactment of this Act to carry
24 out section 18004(a)(1) of the CARES Act (Public
25 Law 116–136) or under the heading ‘‘Safe Schools
December 21, 2020 (12:59 p.m.)

1880
1 and Citizenship Education’’ of such Act shall be
2 used by the Secretary to carry out section 314(a)(1)
3 of this title: Provided, That amounts repurposed
4 pursuant to this paragraph that were previously des-
5 ignated by the Congress as an emergency require-
6 ment pursuant to the Balanced Budget and Emer-
8 the Congress as an emergency requirement pursuant
9 to section 251(b)(2)(A)(i) of the Balanced Budget
11 (5) Institutions of higher education receiving al-
12 locations under section 314(a)(1) of this title shall
13 provide at least the same amount of funding in
14 emergency financial aid grants to students as was
15 required to be provided under sections 18004(a)(1)
16 and (c) of division B of the CARES Act (Public Law
17 116–136). An institution of higher education that
18 repurposes funds pursuant to paragraph (2) shall
19 ensure that not less than 50 percent of the funds re-
20 ceived under section 18004(a)(1) of division B of the
21 CARES Act (Public Law 116–136) are used for fi-
22 nancial aid grants to students under either section
23 18004(c) of division B of the CARES Act or section
24 314(c)(3) of this title, or a combination of those sec-
25 tions: Provided, That amounts repurposed pursuant
December 21, 2020 (12:59 p.m.)

1881
1 to this paragraph that were previously designated by
3 to the Balanced Budget and Emergency Deficit Con-
4 trol Act of 1985 are designated by the Congress as
6 251(b)(2)(A)(i) of the Balanced Budget and Emer-
8 (6)(A) An institution of higher education that
9 was required to remit payment to the Internal Rev-
10 enue Service for the excise tax based on investment
11 income of private colleges and universities under sec-
12 tion 4968 of the Internal Revenue Code of 1986 for
13 tax year 2019 shall have its allocation under this
14 section reduced by 50 percent and may only use
15 funds for activities described in paragraph (c)(3), or
16 for sanitation, personal protective equipment, or
17 other expenses associated with the general health
18 and safety of the campus environment related to the
19 qualifying emergency. This paragraph shall not
20 apply to an institution of higher education des-
21 ignated by the Secretary as an eligible institution
22 under section 448 of the HEA.
23 (B) WAIVER AUTHORITY.—The Secretary
24 may waive the requirements of subparagraph
25 (A) if, upon application, an institution of higher
December 21, 2020 (12:59 p.m.)

1882
1 education demonstrates need (including need
2 for additional funding for financial aid grants
3 to students, payroll expenses, or other expendi-
4 tures) for the total amount of funds such insti-
5 tution is allocated under section 314(a)(1) of
6 this title. The Secretary shall provide and make
7 publicly available a written justification for the
8 denial of any application for a waiver under this
9 subparagraph.
10 (7) An institution of higher education as de-
11 fined in section 102(b) of the HEA may only use
12 funds received under this section for activities de-
13 scribed in subsection (c)(3).
14 (8) An institution of higher education with an
15 approved application under section 18004(a) of divi-
16 sion B of the CARES Act (Public Law 116–136)
17 prior to the date of enactment of this Act shall not
18 be required to submit a new or revised application
19 to receive funds under this section provided such
20 funds are subject to the terms and conditions of this
21 section.
22 (9) An institution of higher education receiving
23 funds under subsections (a)(1)(E) or (F) may only
24 use funds apportioned by such subparagraphs for ac-
25 tivities described in subsection (c)(3).
December 21, 2020 (12:59 p.m.)

1883
1 (e) REPORT.—An institution receiving funds under
2 this section shall submit a report to the Secretary, not
3 later than 6 months after receiving funding provided in
4 this Act, in such manner and with such subsequent fre-
5 quency as the Secretary may require, that provides a de-
6 tailed accounting of the use of funds provided under this
7 section.
8 (f) REALLOCATION.—Any funds allocated to an insti-
9 tution of higher education under this section on the basis
10 of a formula described in subsections (a)(1), (a)(2), and
11 (a)(4) but for which an institution does not apply for fund-
12 ing within 90 days of the publication of the notice inviting
13 applications, shall be reallocated to eligible institutions
14 that had submitted an application by such date in accord-
15 ance with the formula described in subsection (a)(1).
16 CONTINUED PAYMENT TO EMPLOYEES
17 SEC. 315. A local educational agency, State, institu-

18 tion of higher education, or other entity that receives
19 funds provided under the heading ‘‘Education Stabiliza-
20 tion Fund’’, shall, to the greatest extent practicable, con-
21 tinue to pay its employees and contractors during the pe-
22 riod of any disruptions or closures related to coronavirus.
23 DEFINITIONS
24 SEC. 316. Except as otherwise provided in sections

25 311 through 316 of this title, as used in such sections—
December 21, 2020 (12:59 p.m.)

1884
1 (1) the terms ‘‘elementary education’’ and ‘‘sec-
2 ondary education’’ have the meaning given such
3 terms under State law;
4 (2) the term ‘‘institution of higher education’’
5 has the meaning given such term in title I of the
6 HEA;
8 of Education;
9 (4) the term ‘‘State’’ means each of the 50
10 States, the District of Columbia, and the Common-
11 wealth of Puerto Rico;
12 (5) the term ‘‘cost of attendance’’ has the
13 meaning given such term in section 472 of the HEA;
14 (6) the term ‘‘Non-public school’’ means a non-
15 public elementary and secondary school that—
16 (A) is accredited, licensed, or otherwise op-
17 erates in accordance with State law; and
18 (B) was in existence prior to the date of
19 the qualifying emergency for which grants are
20 awarded under this title;
21 (7) the term ‘‘public school’’ means a public ele-
22 mentary or secondary school;
23 (8) any other term used that is defined in sec-
24 tion 8101 of the ESEA of 1965 shall have the
25 meaning given the term in such section; and
December 21, 2020 (12:59 p.m.)

1885
1 (9) the term ‘‘qualifying emergency’’ has the
2 meaning given the term in section 3502(a)(4) of the
3 Coronavirus Aid, Relief, and Economic Security Act
4 (Public Law 116–136).
5 MAINTENANCE OF EFFORT
6 SEC. 317. (a) At the time of award of funds to carry

7 out sections 312 or 313 of this title, a State shall provide
8 assurances that such State will maintain support for ele-
9 mentary and secondary education, and for higher edu-
10 cation (which shall include State funding to institutions
11 of higher education and state need-based financial aid,
12 and shall not include support for capital projects or for
13 research and development or tuition and fees paid by stu-
14 dents) in fiscal year 2022 at least at the proportional lev-
15 els of such State’s support for elementary and secondary
16 education and for higher education relative to such State’s
17 overall spending, averaged over fiscal years 2017, 2018,
18 and 2019.
19 (b) The Secretary may waive the requirement in sub-
20 section (a) for the purpose of relieving fiscal burdens on
21 States that have experienced a precipitous decline in fi-
22 nancial resources.
23 GALLAUDET UNIVERSITY
24 For an additional amount for ‘‘Gallaudet University’’,
December 21, 2020 (12:59 p.m.)

1886
2 domestically or internationally, including to help defray
3 the expenses directly caused by coronavirus and to enable
4 grants to students for expenses directly related to
5 coronavirus and the disruption of university operations:
10 STUDENT AID ADMINISTRATION
11 For an additional amount for ‘‘Student Aid Adminis-
12 tration’’, $30,000,000, to remain available through Sep-
19 HOWARD UNIVERSITY
20 For an additional amount for ‘‘Howard University’’,
23 domestically or internationally, including to help defray
24 the expenses directly caused by coronavirus and to enable
25 grants to students for expenses directly related to
December 21, 2020 (12:59 p.m.)

1887
1 coronavirus and the disruption of university operations:
6 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
7 For an additional amount for ‘‘National Technical
8 Institute for the Deaf’’, $11,000,000, to remain available
9 through September 30, 2022, to prevent, prepare for, and
10 respond to coronavirus, domestically or internationally, in-
11 cluding to help defray the expenses directly caused by
12 coronavirus and to enable grants to students for expenses
13 directly related to coronavirus and the disruption of uni-
14 versity operations: Provided, That such amount is des-
18 INSTITUTE OF EDUCATION SCIENCES
19 For an additional amount for ‘‘Institute of Education
20 Sciences’’, $28,000,000, to remain available through Sep-
21 tember 30, 2022, to prevent, prepare for and respond to
22 coronavirus, domestically or internationally, for carrying
23 out the National Assessment of Educational Progress Au-
24 thorization Act: Provided, That such amount is designated
December 21, 2020 (12:59 p.m.)

1888
5 For an additional amount for ‘‘Program Administra-

6 tion’’, $15,000,000, to remain available through Sep-
14 For an additional amount for ‘‘Office of the Inspector

15 General’’, $5,000,000, to remain available until expended,
16 to prevent, prepare for, and respond to coronavirus, do-
17 mestically or internationally, including for salaries and ex-
18 penses necessary for oversight, investigations, and audits
19 of programs, grants, and projects funded in this Act to
20 respond to coronavirus: Provided, That such amount is
December 21, 2020 (12:59 p.m.)

1889
1 GENERAL PROVISION—THIS TITLE
3 enactment of this Act, the Secretaries of Health and
4 Human Services and Education shall provide a detailed
5 spend plan of anticipated uses of funds made available in
6 this title, including estimated personnel and administra-
7 tive costs, to the Committees on Appropriations of the
8 House of Representatives and the Senate: Provided, That
9 such plans shall be updated and submitted to such Com-
10 mittees every 60 days until September 30, 2024: Provided
11 further, That the spend plans shall be accompanied by a
12 listing of each contract obligation incurred that exceeds
13 $5,000,000 which has not previously been reported, in-
14 cluding the amount of each such obligation.
15 TITLE IV
16 DEPARTMENT OF TRANSPORTATION
17 FEDERAL AVIATION ADMINISTRATION
20 For an additional amount for ‘‘Grants-in-Aid for Air-

21 ports’’ $2,000,000,000, to prevent, prepare for, and re-
22 spond to coronavirus: Provided, That amounts made avail-
23 able under this heading in this Act shall be derived from
24 the general fund of the Treasury: Provided further, That
25 funds provided under this heading in this Act shall only
December 21, 2020 (12:59 p.m.)

1890
1 be available to airports in categories defined in section
2 47102 of title 49, United States Code: Provided further,
3 That funds provided under this heading in this Act shall
4 not otherwise be subject to the requirements of chapter
5 471 of such title: Provided further, That notwithstanding
6 the preceding proviso, except for project eligibility, the re-
7 quirements of chapter 471 of such title shall apply to
8 funds provided for any contract awarded (after the date
9 of enactment of this Act) for airport development and
10 funded under this heading: Provided further, That funds
11 provided under this heading in this Act may not be used
12 for any purpose not directly related to the airport: Pro-
13 vided further, That no additional funding shall be provided
14 from funds made available under this heading to any air-
15 port that was allocated in excess of four years of operating
16 funds under Public Law 116–136: Provided further, That
17 the Federal share payable of the costs for which a grant
18 is made under this heading in this Act shall be 100 per-
19 cent: Provided further, That, notwithstanding any other
20 provision of law, any funds appropriated under the head-
21 ing ‘‘Grants-In-Aid for Airports’’ in Public Law 116-136
22 that are unallocated as of the date of enactment of this
23 Act shall be added to and allocated under paragraph (1)
24 of this heading in this Act: Provided further, That any
25 funds obligated under Public Law 116–136 that are recov-
December 21, 2020 (12:59 p.m.)

1891
1 ered by or returned to the FAA shall be allocated under
2 paragraph (1) of this heading in this Act: Provided further,
3 That of the amounts appropriated under this heading in
4 this Act:
5 (1) Not less than $1,750,000,000 shall be avail-
6 able for primary airports as defined in section
7 47102(16) of title 49, United States Code, and cer-
8 tain cargo airports for costs related to operations,
9 personnel, cleaning, sanitization, janitorial services,
10 combating the spread of pathogens at the airport,
11 and debt service payments: Provided, That such
12 funds shall not be subject to the reduced apportion-
13 ments of section 47114(f) of title 49, United States
14 Code: Provided further, That such funds shall first
15 be apportioned as set forth in sections
16 47114(c)(1)(A), 47114(c)(1)(C)(i),
17 47114(c)(1)(C)(ii), 47114(c)(2)(A), 47114(c)(2)(B),
18 and 47114(c)(2)(E) of title 49, United States Code:
19 Provided further, That there shall be no maximum
20 apportionment limit: Provided further, That any re-
21 maining funds after such apportionment shall be dis-
22 tributed to all sponsors of primary airports (as de-
23 fined in section 47102(16) of title 49, United States
24 Code) based on each such airport’s passenger
25 enplanements compared to total passenger
December 21, 2020 (12:59 p.m.)

1892
1 enplanements of all airports defined in section
2 47102(16) of title 49, United States Code, for the
3 most recent calendar year enplanements upon which
4 the Secretary has apportioned funds pursuant to
5 section 47114(c) of title 49, United States Code;
6 (2) Not less than $45,000,000 shall be for gen-
7 eral aviation and commercial service airports that
8 are not primary airports as defined in paragraphs
9 (7), (8), and (16) of section 47102 of title 49,
10 United States Code, for costs related to operations,
11 personnel, cleaning, sanitization, janitorial services,
12 combating the spread of pathogens at the airport,
13 and debt service payments: Provided, That not less
14 than $5,000,000 of such funds shall be available to
15 sponsors of non-primary airports, divided equally,
16 that participate in the FAA Contract Tower Pro-
17 gram defined in section 47124 of title 49, United
18 States Code, to cover lawful expenses to support
19 FAA contract tower operations: Provided further,
20 That the Secretary shall apportion the remaining
21 funds to each non-primary airport based on the cat-
22 egories published in the most current National Plan
23 of Integrated Airport Systems, reflecting the per-
24 centage of the aggregate published eligible develop-
25 ment costs for each such category, and then dividing
December 21, 2020 (12:59 p.m.)

1893
1 the allocated funds evenly among the eligible air-
2 ports in each category, rounding up to the nearest
3 thousand dollars: Provided further, That any remain-
4 ing funds under this paragraph shall be distributed
5 as described in paragraph (1) under this heading in
6 this Act;
7 (3) Not less than $200,000,000 shall be avail-
8 able to sponsors of primary airports to provide relief
9 from rent and minimum annual guarantees to on-
10 airport car rental, on-airport parking, and in-ter-
11 minal airport concessions (as defined in part 23 of
12 title 49, Code of Federal Regulations) located at pri-
13 mary airports: Provided, That such funds shall be
14 distributed to all sponsors of primary airports (as
15 defined in section 47102(16) of title 49, United
16 States Code) based on each such airport’s passenger
17 enplanements compared to total passenger
18 enplanements of all airports defined in section
19 47102(16) of title 49, United States Code, for cal-
20 endar year 2019: Provided further, That as a condi-
21 tion of approving a grant under this paragraph, the
22 Secretary shall require the sponsor to provide such
23 relief from the date of enactment of this Act until
24 the sponsor has provided relief equaling the total
25 grant amount, to the extent practicable and to the
December 21, 2020 (12:59 p.m.)

1894
1 extent permissible under state laws, local laws, and
2 applicable trust indentures: Provided further, That
3 the sponsor shall provide relief from rent and min-
4 imum annual guarantee obligations to each eligible
5 airport concession in an amount that reflects each
6 eligible airport concession’s proportional share of the
7 total amount of the rent and minimum annual guar-
8 antees of all the eligible airport concessions at such
9 airport: Provided further, That, to the extent permis-
10 sible under this paragraph, airport sponsors shall
11 prioritize relief from rent and minimum annual
12 guarantee to minority-owned businesses: Provided
13 further, That only airport concessions that have cer-
14 tified they have not received a second draw or assist-
15 ance for a covered loan under section 7(a)(37) of the
16 Small Business Act (15 U.S.C. 636(a)(37)) that has
17 been applied toward rent or minimum annual guar-
18 antee costs shall be eligible for relief under this
19 paragraph and such concessions are hereby prohib-
20 ited from applying for a covered loan under such
21 section for rent or minimum annual guarantee costs:
22 Provided further, That sponsors of primary airports
23 may retain up to 2 percent of the funds provided
24 under this paragraph to administer the relief re-
25 quired under this paragraph; and
December 21, 2020 (12:59 p.m.)

1895
1 (4) Up to $5,000,000 shall be available and
2 transferred to ‘‘Office of the Secretary, Salaries and
3 Expenses’’ to carry out the Small Community Air
4 Service Development Program: Provided, That in al-
5 locating funding made available in this or any pre-
6 vious Acts for such program for fiscal years 2019,
7 2020, and 2021, the Secretary of Transportation
8 shall give priority to communities or consortia of
9 communities that have had air carrier service re-
10 duced or suspended as a result of the coronavirus
11 pandemic: Provided further, That the Secretary shall
12 publish streamlined and expedited procedures for the
13 solicitation of applications for assistance under this
14 paragraph not later than 60 days after the date of
15 enactment of this Act and shall make awards as
16 soon as practicable:
17 Provided further, That the Administrator of the Federal
18 Aviation Administration may retain up to 0.1 percent of
19 the funds provided under this heading in this Act to fund
20 the award and oversight by the Administrator of grants
21 made under this heading in this Act: Provided further,
22 That obligations of funds under this heading in this Act
23 shall not be subject to any limitations on obligations pro-
24 vided in any Act making annual appropriations: Provided
25 further, That all airports receiving funds under this head-
December 21, 2020 (12:59 p.m.)

1896
1 ing in this Act shall continue to employ, through February
2 15, 2021, at least 90 percent of the number of individuals
3 employed (after making adjustments for retirements or
4 voluntary employee separations) by the airport as of
5 March 27, 2020: Provided further, That the Secretary may
6 waive the workforce retention requirement in the pre-
7 ceding proviso, if the Secretary determines the airport is
8 experiencing economic hardship as a direct result of the
9 requirement, or the requirement reduces aviation safety
10 or security: Provided further, That the workforce retention
11 requirement shall not apply to nonhub airports or nonpri-
12 mary airports receiving funds under this heading in this
13 Act: Provided further, That the amounts repurposed under
14 this heading in this Act that were previously designated
15 by the Congress as an emergency requirement pursuant
16 to the Balanced Budget and Emergency Deficit Control
17 Act of 1985 are designated by the Congress as an emer-
18 gency requirement pursuant to section 251(b)(2)(A)(i) of
20 of 1985: Provided further, That such amount is designated
December 21, 2020 (12:59 p.m.)

1897
1 FEDERAL HIGHWAY ADMINISTRATION
2 HIGHWAY INFRASTRUCTURE PROGRAMS
3 For an additional amount for ‘‘Highway Infrastruc-

4 ture Programs’’, $10,000,000,000, to remain available
5 until September 30, 2024, to prevent, prepare for, and re-
6 spond to coronavirus: Provided, That the funds made
7 available under this heading in this Act shall be derived
8 from the general fund of the Treasury, shall be in addition
9 to any funds provided for fiscal year 2021 in this or any
10 other Act for ‘‘Federal-aid Highways’’ under chapters 1
11 or 2 of title 23, United States Code, and shall not affect
12 the distribution or amount of funds provided in the Trans-
13 portation, Housing and Urban Development, and Related
14 Agencies Appropriations Act, 2021, or any other Act: Pro-
15 vided further, That section 1101(b) of Public Law 114–
16 94 shall apply to funds made available under this heading
17 in this Act: Provided further, That notwithstanding chap-
18 ter 1 or chapter 2 of title 23, United States Code, or any
19 other provision of law, in addition to other eligible uses
20 described under this heading in this Act, a State, territory,
21 Puerto Rico, or Indian Tribe may use funds made avail-
22 able under this heading in this Act for costs related to
23 preventive maintenance, routine maintenance, operations,
24 personnel, including salaries of employees (including those
25 employees who have been placed on administrative leave)
December 21, 2020 (12:59 p.m.)

1898
1 or contractors, debt service payments, availability pay-
2 ments, and coverage for other revenue losses: Provided
3 further, That a State, territory, Puerto Rico, or Indian
4 Tribe may transfer funds made available under this head-
5 ing in this Act to State, multi-state, international, or local
6 public tolling agencies that own or operate a tolled facility
7 that is a public road, bridge, or tunnel, or a ferry system
8 that provides a public transportation benefit, and that was
9 in operation within their State in fiscal year 2020: Pro-
10 vided further, That funds transferred pursuant to the pre-
11 ceding proviso may be used for costs related to operations,
12 personnel, including salaries of employees (including those
13 employees who have been placed on administrative leave)
14 or contractors, debt service payments, availability pay-
15 ments, and coverage for other revenue losses of a tolled
16 facility or ferry system, and that, notwithstanding the pre-
17 vious receipt of Federal funds for such tolled facility or
18 ferry system, for funds made available under this heading
19 in this Act, the limitations on the use of revenues in sub-
20 sections (a)(3) and (c)(4) of section 129 of title 23, United
21 States Code, shall not apply with respect to the tolled fa-
22 cilities or ferry systems for which funding is transferred
23 pursuant to the preceding proviso: Provided further, That
24 of the funds made available under this heading in this Act,
25 $9,840,057,332 shall be available for activities eligible
December 21, 2020 (12:59 p.m.)

1899
1 under section 133(b) of title 23, United States Code,
2 $114,568,862 shall be available for activities eligible under
3 the Tribal Transportation Program, as described in sec-
4 tion 202 of such title, $35,845,307 shall be available for
5 activities eligible under the Puerto Rico Highway Pro-
6 gram, as described in section 165(b)(2)(C)(iii) of such
7 title; and $9,528,499 shall be available for activities eligi-
8 ble under the Territorial Highway Program, as described
9 in section 165(c)(6) of such title: Provided further, That
10 for the purposes of funds made available under this head-
11 ing in this Act the term ‘‘State’’ means any of the 50
12 States or the District of Columbia: Provided further, That,
13 except as otherwise provided under this heading in this
14 Act, the funds made available under this heading in this
15 Act shall be administered as if apportioned under chapter
16 1 of title 23, United States Code, except that the funds
17 made available under this heading in this Act for activities
18 eligible under the Tribal Transportation Program shall be
19 administered as if allocated under chapter 2 of title 23,
20 United States Code: Provided further, That the funds
21 made available under this heading in this Act for activities
22 eligible under section 133(b) of title 23, United States
23 Code, shall be apportioned to the States in the same ratio
24 as the obligation limitation for fiscal year 2021 is distrib-
25 uted among the States in accordance with the formula
December 21, 2020 (12:59 p.m.)

1900
1 specified in section 120(a)(5) of the Transportation,
2 Housing and Urban Development, and Related Agencies
3 Appropriations Act, 2021 and shall be apportioned not
4 later than 30 days after the date of enactment of this Act:
5 Provided further, That funds apportioned to a State under
6 this heading in this Act shall be suballocated within the
7 State to each area described in subsection 133(d)(1)(A)(i)
8 of title 23, United States Code, in the same ratio that
9 funds suballocated to that area for fiscal year 2021 bears
10 to the combined amount of funds apportioned to the State
11 under section 104(b)(2) of such title for fiscal years 2020
12 and 2021: Provided further, That of funds made available
13 under this heading in this Act for activities eligible under
14 section 133(b) of title 23, United States Code, any such
15 activity shall be subject to the requirements of section
16 133(i) of title 23, United States Code: Provided further,
17 That, except as provided in the following proviso, the
18 funds made available under this heading in this Act for
19 activities eligible under the Puerto Rico Highway Program
20 and activities eligible under the Territorial Highway Pro-
21 gram shall be administered as if allocated under sections
22 165(b) and 165(c), respectively, of title 23, United States
23 Code: Provided further, That the funds made available
25 the Puerto Rico Highway Program shall not be subject
December 21, 2020 (12:59 p.m.)

1901
1 to the requirements of sections 165(b)(2)(A) or
2 165(b)(2)(B) of title 23, United States Code: Provided
3 further, That for amounts made available under this head-
4 ing in this Act, the Federal share of the costs shall be,
5 at the option of the State, territory, Puerto Rico, or Indian
6 Tribe, up to 100 percent: Provided further, That funds
7 made available for preventive maintenance, routine main-
8 tenance, operations, personnel, including salaries of em-
9 ployees (including those employees who have been placed
10 on administrative leave) or contractors, debt service pay-
11 ments, availability payments, and coverage for other rev-
12 enue losses under this heading in this Act are not required
13 to be included in a metropolitan transportation plan, a
14 long-range statewide transportation plan, a transportation
15 improvement program or a statewide transportation im-
16 provement program under sections 134 or 135 of title 23,
17 United States Code, or chapter 53 of title 49, United
18 States Code, as applicable: Provided further, That unless
19 otherwise specified, applicable requirements under title 23,
20 United States Code, shall apply to funds made available
21 under this heading in this Act: Provided further, That,
22 subject to the following proviso, the funds made available
24 the Tribal Transportation Program, as described in sec-
25 tion 202 of title 23, United States Code, may not be set-
December 21, 2020 (12:59 p.m.)

1902
1 aside for administrative expenses as described in section
2 202(a)(6) of such title: Provided further, That the Admin-
3 istrator of the Federal Highway Administration may re-
4 tain up to $10,000,000 of the total funds made available
5 under this heading in this Act, to fund the oversight by
6 the Administrator of activities carried out with funds
7 made available under this heading in this Act: Provided
8 further, That the set-asides described in subparagraph (C)
9 of section 202(b)(3) of title 23, United States Code, and
10 subsections (a)(6), (c), (d), and (e) of section 202 of such
11 title shall not apply to funds made available under this
12 heading in this Act for activities eligible under the Tribal
13 Transportation Program: Provided further, That such
18 FEDERAL RAILROAD ADMINISTRATION
19 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL
22 For an additional amount for ‘‘Northeast Corridor

23 Grants to the National Railroad Passenger Corporation’’,
25 vent, prepare for, and respond to coronavirus, including
December 21, 2020 (12:59 p.m.)

1903
1 to enable the Secretary of Transportation to make or
2 amend existing grants to the National Railroad Passenger
3 Corporation for activities associated with the Northeast
4 Corridor, as authorized by section 11101(a) of the Fixing
5 America’s Surface Transportation Act (division A of Pub-
6 lic Law 114–94): Provided, That not less than
8 heading in this Act and the ‘‘National Network Grants
9 to the National Railroad Passenger Corporation’’ heading
10 in this Act shall be made available for use by the National
11 Railroad Passenger Corporation in lieu of capital pay-
12 ments from States and commuter rail passenger transpor-
13 tation providers subject to the cost allocation policy devel-
14 oped pursuant to section 24905(c) of title 49, United
15 States Code: Provided further, That, notwithstanding sec-
16 tions 24319(g) and 24905(c)(1)(A)(i) of title 49, United
17 States Code, such use of funds does not constitute cross-
18 subsidization of commuter rail passenger transportation:
19 Provided further, That the Secretary may retain up to
20 $2,030,000 of the amounts made available under both this
21 heading in this Act and the ‘‘National Network Grants
22 to the National Railroad Passenger Corporation’’ heading
23 in this Act to fund the costs of project management and
24 oversight of activities authorized by section 11101(c) of
25 the Fixing America’s Surface Transportation Act (division
December 21, 2020 (12:59 p.m.)

1904
1 A of Public Law 114–94): Provided further, That amounts
2 made available under this heading in this Act may be
3 transferred to and merged with amounts made available
4 under the heading ‘‘National Network Grants to the Na-
5 tional Railroad Passenger Corporation’’ in this Act to pre-
6 vent, prepare for, and respond to coronavirus: Provided
11 NATIONAL NETWORK GRANTS TO THE NATIONAL
14 For an additional amount for ‘‘National Network

15 Grants to the National Railroad Passenger Corporation’’,
17 vent, prepare for, and respond to coronavirus, including
18 to enable the Secretary of Transportation to make or
19 amend existing grants to the National Railroad Passenger
20 Corporation for activities associated with the National
21 Network as authorized by section 11101(b) of the Fixing
22 America’s Surface Transportation Act (division A of Pub-
23 lic Law 114–94): Provided, That $174,850,000 of the
24 amounts made available under this heading in this Act
25 shall be made available for use by the National Railroad
December 21, 2020 (12:59 p.m.)

1905
1 Passenger Corporation to be apportioned toward State
2 payments required by the cost methodology policy adopted
3 pursuant to section 209 of the Passenger Rail Investment
4 and Improvement Act of 2008 (Public Law 110–432):
5 Provided further, That a State-supported route’s share of
6 such funding under the preceding proviso shall consist of
7 (1) 7 percent of the costs allocated to the route in fiscal
8 year 2019 under the cost methodology policy adopted pur-
9 suant to section 209 of the Passenger Rail Investment and
10 Improvement Act of 2008 (Public Law 110–432), and (2)
11 any remaining amounts under the preceding proviso shall
12 be apportioned to a route in proportion to its passenger
13 revenue and other revenue allocated to a State-supported
14 route in fiscal year 2019 divided by the total passenger
15 revenue and other revenue allocated to all State-supported
16 routes in fiscal year 2019: Provided further, That State-
17 supported routes which terminated service on or before
18 February 1, 2020, shall not be included in the cost and
19 revenue calculations made pursuant to the preceding pro-
20 viso: Provided further, That amounts made available under
21 this heading in this Act may be transferred to and merged
22 with amounts made available under the heading ‘‘North-
23 east Corridor Grants to the National Railroad Passenger
24 Corporation’’ in this Act to prevent, prepare for, and re-
25 spond to coronavirus: Provided further, That such amount
December 21, 2020 (12:59 p.m.)

1906
4 1985.
5 FEDERAL TRANSIT ADMINISTRATION
6 TRANSIT INFRASTRUCTURE GRANTS
7 For an additional amount for ‘‘Transit Infrastructure

8 Grants’’, $14,000,000,000, to remain available until ex-
9 pended, to prevent, prepare for, and respond to
10 coronavirus: Provided, That of the amounts appropriated
11 under this heading in this Act—
12 (1) $13,271,310,572 shall be for grants to re-
13 cipients eligible under chapter 53 of title 49, United
14 States Code, and administered as if such funds were
15 provided under section 5307 of title 49, United
16 States Code (apportioned in accordance with section
17 5336 of such title (other than subsections (h)(1) and
18 (h)(4))), and section 5337 of title 49, United States
19 Code (apportioned in accordance with such section),
20 except that funds apportioned under section 5337
21 shall be added to funds apportioned under 5307 for
22 administration under 5307: Provided, That the Sec-
23 retary of Transportation (referred to under this
24 heading in this Act as the ‘‘Secretary’’) shall allocate
25 the amounts provided in the preceding proviso under
December 21, 2020 (12:59 p.m.)

1907
1 sections 5307 and 5337 of title 49, United States
2 Code, in the same ratio as funds were provided
3 under the Further Consolidated Appropriations Act,
4 2020 (Public Law 116–94; 133 Stat. 2534) and
5 shall allocate such amounts not later than 30 days
6 after the date of enactment of this Act: Provided
7 further, That the amounts allocated to any urbanized
8 area from amounts made available under this para-
9 graph in this Act when combined with the amounts
10 allocated to that urbanized area from funds appro-
11 priated under this heading in title XII of division B
12 of the CARES Act (Public Law 116–136; 134 Stat.
13 599)) may not exceed 75 percent of that urbanized
14 area’s 2018 operating costs based on data contained
15 in the National Transit Database: Provided further,
16 That for any urbanized area for which the calcula-
17 tion in the preceding proviso exceeds 75 percent of
18 the urbanized area’s 2018 operating costs, the Sec-
19 retary shall distribute funds in excess of such per-
20 cent to urbanized areas for which the calculation in
21 the preceding proviso does not exceed 75 percent, in
22 the same proportion as amounts allocated under the
23 first proviso of this paragraph in this Act: Provided
24 further, That no recipient in an urbanized area may
25 receive more than $4,000,000,000 from the amounts
December 21, 2020 (12:59 p.m.)

1908
1 allocated under this paragraph in this Act in com-
2 bination with the amounts provided under this head-
3 ing in title XII of division B of the CARES Act
4 (Public Law 116–136; 134 Stat. 599) until 75 per-
5 cent of the funds provided to the recipient under
6 this heading in such title XII are obligated and only
7 after the recipient certifies to the Secretary that the
8 use of such funds in excess of such amount is nec-
9 essary to prevent layoffs or furloughs directly related
10 to demonstrated revenue losses directly attributable
11 to COVID–19;
12 (2) $50,034,973 shall be for grants to recipi-
13 ents or subrecipients eligible under section 5310 of
14 title 49, United States Code, and the Secretary shall
15 apportion such funds in accordance with such sec-
16 tion: Provided, That the Secretary shall allocate such
17 funds in the same ratio as funds were provided
20 shall allocate such funds not later than 30 days after
21 the date of enactment of this Act; and
22 (3) $678,654,455 shall be for grants to recipi-
23 ents or subrecipients eligible under section 5311 of
24 title 49, United States Code (other than subsections
25 (b)(3), (c)(1)(A), and (f)), and the Secretary shall
December 21, 2020 (12:59 p.m.)

1909
1 apportion such funds in accordance with such sec-
2 tion: Provided, That the Secretary shall allocate such
3 funds in the same ratio as funds were provided
6 shall allocate funds within 30 days of enactment of
7 this Act: Provided further, That the amounts allo-
8 cated to any State (as defined in section 5302 of
9 title 49, United States Code) for rural operating
10 costs from amounts made available under this head-
11 ing in this Act when combined with the amounts al-
12 located to each such State for rural operating costs
13 from funds appropriated under this heading in title
14 XII of division B of the CARES Act (Public Law
15 116–136; 134 Stat. 599) may not exceed 125 per-
16 cent of that State’s combined 2018 rural operating
17 costs of the recipients and subrecipients in the State
18 based on data contained in the National Transit
19 Database: Provided further, That for any State for
20 which the calculation in the preceding proviso ex-
21 ceeds 125 percent of the State’s combined 2018
22 rural operating costs of the recipients and subrecipi-
23 ents in the State, the Secretary shall distribute
24 funds in excess of such percent to States for which
25 the calculation in the preceding proviso does not ex-
December 21, 2020 (12:59 p.m.)

1910
1 ceed 125 percent in the same proportion as amounts
2 allocated under the first proviso of this paragraph in
3 this Act:
4 Provided further, That the Secretary shall not waive the
5 requirements of section 5333 of title 49, United States
6 Code, for funds appropriated under this heading in this
7 Act or for funds previously made available under section
8 5307 of title 49, United States Code, or section 5311,
9 5337, or 5340 of such title as a result of COVID–19: Pro-
10 vided further, That the provision of funds under this head-
11 ing in this Act shall not affect the ability of any other
12 agency of the Government, including the Federal Emer-
13 gency Management Agency, a State agency, or a local gov-
14 ernmental entity, organization, or person, to provide any
15 other funds otherwise authorized by law: Provided further,
16 That notwithstanding subsection (a)(1) or (b) of section
17 5307 of title 49, United States Code, section
18 5310(b)(2)(A) of that title, or any provision of chapter
19 53 of that title, funds provided under this heading in this
20 Act are available for the operating expenses of transit
21 agencies related to the response to a COVID–19 public
22 health emergency, including, beginning on January 20,
23 2020, reimbursement for operating costs to maintain serv-
24 ice and lost revenue due to the COVID–19 public health
25 emergency, including the purchase of personal protective
December 21, 2020 (12:59 p.m.)

1911
1 equipment, and paying the administrative leave of oper-
2 ations or contractor personnel due to reductions in service:
3 Provided further, That to the maximum extent possible,
4 funds made available under this heading in this Act and
5 in title XII of division B of the CARES Act (Public Law
6 116–136; 134 Stat. 599) shall be directed to payroll and
7 operations of public transit (including payroll and ex-
8 penses of private providers of public transportation), un-
9 less the recipient certifies to the Secretary that the recipi-
10 ent has not furloughed any employees: Provided further,
11 That such operating expenses are not required to be in-
12 cluded in a transportation improvement program, long-
13 range transportation plan, statewide transportation plan,
14 or a statewide transportation improvement program: Pro-
15 vided further, That private providers of public transpor-
16 tation shall be considered eligible subrecipients of funding
17 provided under this heading in this Act and in title XII
18 of division B of the CARES Act (Public Law 116–136;
19 134 Stat. 599): Provided further, That unless otherwise
20 specified, applicable requirements under chapter 53 of title
21 49, United States Code, shall apply to funding made avail-
22 able under this heading in this Act, except that the Fed-
23 eral share of the costs for which any grant is made under
24 this heading in this Act shall be, at the option of the re-
25 cipient, up to 100 percent: Provided further, That the
December 21, 2020 (12:59 p.m.)

1912
1 amount made available under this heading in this Act shall
2 be derived from the general fund of the Treasury and shall
3 not be subject to any limitation on obligations for transit
4 programs set forth in any Act: Provided further, That the
5 Federal share of costs for any unobligated grant funds
6 under section 5310 of title 49, United States Code, as of
7 the date of enactment of this Act shall be, at the option
8 of the recipient, up to 100 percent: Provided further, That
9 of the amounts made available under this heading in this
10 Act, up to $10,000,000 may be retained by the Adminis-
11 trator of the Federal Transit Administration to fund ongo-
12 ing program management and oversight activities de-
13 scribed in sections 5334 and 5338(f)(2) of title 49, United
14 States Code, and shall be in addition to any other appro-
15 priations for such purpose: Provided further, That the
16 amounts repurposed under this heading in this Act that
17 were previously designated by the Congress as an emer-
18 gency requirement pursuant to the Balanced Budget and
19 Emergency Deficit Control Act of 1985 are designated by
22 Emergency Deficit Control Act of 1985: Provided further,
December 21, 2020 (12:59 p.m.)

1913
3 GENERAL PROVISION—THIS TITLE
4 SEC. 401. Amounts made available in this Act under
5 the headings ‘‘Northeast Corridor Grants to the National
6 Railroad Passenger Corporation’’ and ‘‘National Network
7 Grants to the National Railroad Passenger Corporation’’
8 shall be used under the same conditions as section 22002
9 of title XII of division B of the Coronavirus Aid, Relief,
10 and Economic Security Act (Public Law 116–136), except
11 as otherwise noted in this Act: Provided, That the
12 amounts made available in this Act under such headings
13 shall be used by the National Railroad Passenger Corpora-
14 tion, to: (1) prevent further employee furloughs that are
15 a result of efforts to prevent, prepare for, and respond
16 to coronavirus; and (2) prevent further reductions to the
17 frequency of rail service on any long-distance route (as
18 defined in section 24102 of title 49, United States Code)
19 except in an emergency or during maintenance or con-
20 struction outages impacting such routes: Provided further,
21 That the coronavirus shall not qualify as an emergency
22 in the preceding proviso: Provided further, That in the
23 event of any National Railroad Passenger Corporation em-
24 ployee furloughs as a result of efforts to prevent, prepare
25 for, and respond to coronavirus, the National Railroad
December 21, 2020 (12:59 p.m.)

1914
1 Passenger Corporation shall provide such employees the
2 opportunity to be recalled to work in accordance with their
3 seniority and classification of work, regardless of their
4 time in the National Railroad Passenger Corporation’s
5 service, as intercity passenger rail service is restored: Pro-
6 vided further, That the National Railroad Passenger Cor-
7 poration shall be prohibited from contracting out any
8 scope-covered work conducted by an employee who was
9 furloughed through reductions in the workforce as a result
10 of efforts to prevent, prepare for, and respond to
11 coronavirus, unless such contracting was in place prior to
12 March 1, 2020 or is done by agreement with the Labor
13 Organization representing such employee.
14 TITLE V
16 SEC. 501. Each amount appropriated or made avail-
17 able by this Act is in addition to amounts otherwise appro-
18 priated for the fiscal year involved.
22 SEC. 503. Unless otherwise provided for by this Act,
23 the additional amounts appropriated by this Act to appro-
24 priations accounts shall be available under the authorities
December 21, 2020 (12:59 p.m.)

1915
1 and conditions applicable to such appropriations accounts
2 for fiscal year 2021.
3 SEC. 504. Any amount appropriated by this Act, des-
6 et and Emergency Deficit Control Act of 1985 and subse-
7 quently so designated by the President, and transferred
8 pursuant to transfer authorities provided by this Act shall
9 retain such designation.
10 SEC. 505. Solely for the purpose of calculating a
11 breach within a category for fiscal year 2021 pursuant to
12 section 251(a) or section 254 of the Balanced Budget and
13 Emergency Deficit Control Act of 1985, and notwith-
14 standing any other provision of this division, the budg-
15 etary effects from this division shall be counted as
16 amounts designated as being for an emergency require-
17 ment pursuant to section 251(b)(2)(A) of such Act.
18 This division may be cited as the ‘‘Coronavirus Re-
19 sponse and Relief Supplemental Appropriations Act,
20 2021’’.
December 21, 2020 (12:59 p.m.)

U:\2021OMNI\14OMNI\DivN—COVIDAuth.xml SEN. APPRO.
1 DIVISION N—ADDITIONAL
2 CORONAVIRUS RESPONSE
3 AND RELIEF
4 TITLE I—HEALTHCARE
5 SEC. 101. SUPPORTING PHYSICIANS AND OTHER PROFES-
6 SIONALS IN ADJUSTING TO MEDICARE PAY-
7 MENT CHANGES DURING 2021.
8 (a) IN GENERAL.—Section 1848 of the Social Secu-

9 rity Act (42 U.S.C. 1395w–4) is amended by adding at
10 the end the following new subsection:
11 ‘‘(t) SUPPORTING PHYSICIANS AND OTHER PROFES-
12 SIONALS IN ADJUSTING TO MEDICARE PAYMENT
13 CHANGES DURING 2021.—
14 ‘‘(1) IN GENERAL.—In order to support physi-
15 cians and other professionals in adjusting to changes
16 in payment for physicians’ services during 2021, the
17 Secretary shall increase fee schedules under sub-
18 section (b) that establish payment amounts for such
19 services furnished on or after January 1, 2021, and
20 before January 1, 2022, by 3.75 percent.
21 ‘‘(2) IMPLEMENTATION.—
22 ‘‘(A) ADMINISTRATION.—Notwithstanding
23 any other provision of law, the Secretary may
December 21, 2020 (9:35 a.m.)

2
1 implement this subsection by program instruc-
2 tion or otherwise.
3 ‘‘(B) LIMITATION.—There shall be no ad-
4 ministrative or judicial review under section
5 1869, 1878 or otherwise of the fee schedules
6 that establish payment amounts calculated pur-
7 suant to this subsection.
8 ‘‘(C) APPLICATION ONLY FOR 2021.—The
9 increase in fee schedules that establish payment

10 amounts under this subsection shall not be
11 taken into account in determining such fee
12 schedules that establish payment amounts for
13 services furnished in years after 2021.
14 ‘‘(3) FUNDING.—For purposes of increasing the
15 fee schedules that establish payment amounts pursu-
16 ant to this subsection—
17 ‘‘(A) there shall be transferred from the
18 General Fund of the Treasury to the Federal
19 Supplementary Medical Insurance Trust Fund
20 under section 1841, $3,000,000,000, to remain
21 available until expended; and
22 ‘‘(B) in the event the Secretary determines
23 additional amounts are necessary, such
24 amounts shall be available from the Federal
December 21, 2020 (9:35 a.m.)

3
1 Supplementary Medical Insurance Trust
2 Fund.’’.
3 (b) EXEMPTION OF ADDITIONAL EXPENDITURES
4 FROM PHYSICIAN FEE SCHEDULE BUDGET-NEU-
5 TRALITY.—Such section 1848 is amended, in subsection
6 (c)(2)(B)(iv)—
7 (1) in subclause (III), by striking ‘‘and’’ at the
8 end;
9 (2) in subclause (IV), by striking the period at
10 the end and inserting ‘‘; and’’; and
11 (3) by adding at the end the following new sub-
12 clause:
13 ‘‘(V) subsection (t) shall not be
14 taken into account in applying clause
15 (ii)(II) for 2021.’’.
16 (c) REPORT.—Not later than April 1, 2022, the Sec-
17 retary of Health and Human Services shall submit a re-
18 port to the Committee on Finance of the Senate and the
19 Committee on Ways and Means and the Committee on En-
20 ergy and Commerce of the House of Representatives on
21 the increase in fee schedules that establish payment
22 amounts for physicians’ services under section 1848(t) of
23 the Social Security Act, as added by subsection (a). Such
24 report shall include the aggregate amount of the increase
25 in payment amounts under such section, including infor-
December 21, 2020 (9:35 a.m.)

4
1 mation regarding any payments made in excess of the
2 amount of funding provided under paragraph (3)(A) of
3 such section.
4 SEC. 102. EXTENSION OF TEMPORARY SUSPENSION OF
5 MEDICARE SEQUESTRATION.
6 (a) IN GENERAL.—Section 3709(a) of division A of

7 the CARES Act (2 U.S.C. 901a note) is amended by strik-
8 ing ‘‘December 31, 2020’’ and inserting ‘‘March 31,
9 2021’’.
10 (b) EFFECTIVE DATE.—The amendment made by
11 subsection (a) shall take effect as if enacted as part of
12 the CARES Act (Public Law 116–136).
13 TITLE II—ASSISTANCE TO INDI-
14 VIDUALS, FAMILIES, AND
15 BUSINESSES
16 Subtitle A—Unemployment
17 Insurance
18 CHAPTER 1—CONTINUED ASSISTANCE TO
19 UNEMPLOYED WORKERS
20 SEC. 200. SHORT TITLE.
21 This chapter may be cited as the ‘‘Continued Assist-

22 ance for Unemployed Workers Act of 2020’’.
December 21, 2020 (9:35 a.m.)

5
1 Subchapter I—Extension of CARES Act
2 Unemployment Provisions
3 SEC. 201. EXTENSION AND BENEFIT PHASEOUT RULE FOR
4 PANDEMIC UNEMPLOYMENT ASSISTANCE.
5 (a) IN GENERAL.—Section 2102(c) of the CARES

6 Act (15 U.S.C. 9021(c)) is amended—
7 (1) in paragraph (1)—
8 (A) by striking ‘‘paragraph (2)’’ and in-
9 serting ‘‘paragraphs (2) and (3)’’; and
10 (B) in subparagraph (A)(ii), by striking
11 ‘‘December 31, 2020’’ and inserting ‘‘March
12 14, 2021’’; and
13 (2) by redesignating paragraph (3) as para-
14 graph (4); and
15 (3) by inserting after paragraph (2) the fol-
16 lowing:
17 ‘‘(3) TRANSITION RULE FOR INDIVIDUALS RE-
18 MAINING ENTITLED TO PANDEMIC UNEMPLOYMENT
19 ASSISTANCE AS OF MARCH 14, 2021.—

21 graph (B), in the case of any individual who, as
22 of the date specified in paragraph (1)(A)(ii), is
23 receiving pandemic unemployment assistance
24 but has not yet exhausted all rights to such as-
25 sistance under this section, pandemic unemploy-
December 21, 2020 (9:35 a.m.)

6
1 ment assistance shall continue to be payable to
2 such individual for any week beginning on or
3 after such date for which the individual is oth-
4 erwise eligible for pandemic unemployment as-
5 sistance.
6 ‘‘(B) TERMINATION.—Notwithstanding
7 any other provision of this subsection, no pan-
8 demic unemployment assistance shall be payable
9 for any week beginning after April 5, 2021.’’.
10 (b) INCREASE IN NUMBER OF WEEKS.—Section
11 2102(c)(2) of the CARES Act (15 U.S.C. 9021(c)(2)) is
12 amended—
13 (1) by striking ‘‘39 weeks’’ and inserting ‘‘50
14 weeks’’; and
15 (2) by striking ‘‘39-week period’’ and inserting
16 ‘‘50-week period’’.
17 (c) APPEALS.—
18 (1) IN GENERAL.—Section 2102(c) of the
19 CARES Act (15 U.S.C. 9021(c)), as amended by
20 subsections (a) and (b), is amended by adding at the
21 end the following:
22 ‘‘(5) APPEALS BY AN INDIVIDUAL.—
23 ‘‘(A) IN GENERAL.—An individual may ap-

24 peal any determination or redetermination re-
25 garding the rights to pandemic unemployment
December 21, 2020 (9:35 a.m.)

7
1 assistance under this section made by the State
2 agency of any of the States.
3 ‘‘(B) PROCEDURE.—All levels of appeal
4 filed under this paragraph in the 50 states, the
5 District of Columbia, the Commonwealth of
6 Puerto Rico, and the Virgin Islands—
7 ‘‘(i) shall be carried out by the appli-
8 cable State that made the determination or
9 redetermination; and
10 ‘‘(ii) shall be conducted in the same
11 manner and to the same extent as the ap-
12 plicable State would conduct appeals of de-
13 terminations or redeterminations regarding
14 rights to regular compensation under State
15 law.
16 ‘‘(C) PROCEDURE FOR CERTAIN TERRI-
17 TORIES.—With respect to any appeal filed in

18 Guam, American Samoa, the Commonwealth of
19 the Northern Mariana Islands, the Federated
20 States of Micronesia, Republic of the Marshall
21 Islands, and the Republic of Palau—
22 ‘‘(i) lower level appeals shall be car-
23 ried out by the applicable entity within the
24 State;
December 21, 2020 (9:35 a.m.)

8
1 ‘‘(ii) if a higher level appeal is allowed
2 by the State, the higher level appeal shall
3 be carried out by the applicability entity
4 within the State; and
5 ‘‘(iii) appeals described in clauses (i)
6 and (ii) shall be conducted in the same
7 manner and to the same extent as appeals
8 of regular unemployment compensation are
9 conducted under the unemployment com-
10 pensation law of Hawaii.’’.
12 by paragraph (1) shall take effect as if enacted as
13 part of division A of the CARES Act (Public Law
14 116–136), except that any decision issued on appeal
15 or review before the date of enactment of this Act
16 shall not be affected by the amendment made by
17 paragraph (1).
18 (d) WAIVER AUTHORITY FOR CERTAIN OVERPAY-
19 MENTS OF PANDEMIC UNEMPLOYMENT ASSISTANCE.—
20 Section 2102(d) of the CARES Act (15 U.S.C. 9021(d))
21 is amended by adding at the end the following:
22 ‘‘(4) WAIVER AUTHORITY.—In the case of indi-
23 viduals who have received amounts of pandemic un-
24 employment assistance to which they were not enti-
25 tled, the State shall require such individuals to repay
December 21, 2020 (9:35 a.m.)

9
1 the amounts of such pandemic unemployment assist-
2 ance to the State agency, except that the State
3 agency may waive such repayment if it determines
4 that—
5 ‘‘(A) the payment of such pandemic unem-
6 ployment assistance was without fault on the
7 part of any such individual; and
8 ‘‘(B) such repayment would be contrary to
9 equity and good conscience.’’.
10 (e) HOLD HARMLESS FOR PROPER ADMINISTRA-
11 TION.—In the case of an individual who is eligible to re-
12 ceive pandemic unemployment assistance under section
13 2102 the CARES Act (15 U.S.C. 9021) as of the day be-
14 fore the date of enactment of this Act and on the date
15 of enactment of this Act becomes eligible for pandemic
16 emergency unemployment compensation under section
17 2107 of the CARES Act (15 U.S.C. 9025) by reason of
18 the amendments made by section 206(b) of this subtitle,
19 any payment of pandemic unemployment assistance under
20 such section 2102 made after the date of enactment of
21 this Act to such individual during an appropriate period
22 of time, as determined by the Secretary of Labor, that
23 should have been made under such section 2107 shall not
24 be considered to be an overpayment of assistance under
25 such section 2102, except that an individual may not re-
December 21, 2020 (9:35 a.m.)

10
1 ceive payment for assistance under section 2102 and a
2 payment for assistance under section 2107 for the same
3 week of unemployment.
4 (f) LIMITATION.—In the case of a covered individual
5 whose first application for pandemic unemployment assist-
6 ance under section 2102 of the CARES Act (15 U.S.C.
7 9021) is filed after the date of enactment of this Act, sub-
8 section (c)(1)(A)(i) of such section 2102 shall be applied
9 by substituting ‘‘December 1, 2020’’ for ‘‘January 27,
10 2020’’.
11 (g) EFFECTIVE DATE.—The amendments made by
12 subsections (a), (b), (c), and (d) shall apply as if included
13 in the enactment of the CARES Act (Public Law 116–
14 136), except that no amount shall be payable by virtue
15 of such amendments with respect to any week of unem-
16 ployment commencing before the date of the enactment
17 of this Act.
18 SEC. 202. EXTENSION OF EMERGENCY UNEMPLOYMENT RE-
19 LIEF FOR GOVERNMENTAL ENTITIES AND
20 NONPROFIT ORGANIZATIONS.
21 Section 903(i)(1)(D) of the Social Security Act (42

22 U.S.C. 1103(i)(1)(D)) is amended by striking ‘‘December
23 31, 2020’’ and inserting ‘‘March 14, 2021’’.
December 21, 2020 (9:35 a.m.)

11
1 SEC. 203. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY-
2 MENT COMPENSATION.
3 (a) IN GENERAL.—Section 2104(e) of the CARES

4 Act (15 U.S.C. 9023(e)) is amended to read as follows:
5 ‘‘(e) APPLICABILITY.—An agreement entered into
6 under this section shall apply—
7 ‘‘(1) to weeks of unemployment beginning after
8 the date on which such agreement is entered into
9 and ending on or before July 31, 2020; and
10 ‘‘(2) to weeks of unemployment beginning after
11 December 26, 2020 (or, if later, the date on which
12 such agreement is entered into), and ending on or
13 before March 14, 2021.’’.
14 (b) AMOUNT.—
15 (1) IN GENERAL.—Section 2104(b) of the
16 CARES Act (15 U.S.C. 9023(b)) is amended—
17 (A) in paragraph (1)(B), by striking ‘‘of
18 $600’’ and inserting ‘‘equal to the amount spec-
19 ified in paragraph (3)’’; and
20 (B) by adding at the end the following new
21 paragraph:
22 ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM-
23 PLOYMENT COMPENSATION.—
24 ‘‘(A) IN GENERAL.—The amount specified

25 in this paragraph is the following amount:
December 21, 2020 (9:35 a.m.)

12
1 ‘‘(i) For weeks of unemployment be-
2 ginning after the date on which an agree-
3 ment is entered into under this section and
4 ending on or before July 31, 2020, $600.
5 ‘‘(ii) For weeks of unemployment be-
6 ginning after December 26, 2020 (or, if
7 later, the date on which such agreement is
8 entered into), and ending on or before
9 March 14, 2021, $300.’’.
10 (2) TECHNICAL AMENDMENT REGARDING AP-
11 PLICATION TO SHORT-TIME COMPENSATION PRO-
12 GRAMS AND AGREEMENTS.—Section 2104(i)(2) of

13 the CARES Act (15 U.S.C. 9023(i)(2)) is amend-
14 ed—
15 (A) in subparagraph (C), by striking
16 ‘‘and’’ at the end;
17 (B) in subparagraph (D), by striking the
18 period at the end and inserting ‘‘; and’’; and
19 (C) by adding at the end the following:
20 ‘‘(E) short-time compensation under a
21 short-time compensation program (as defined in
22 section 3306(v) of the Internal Revenue Code of
23 1986).’’.
December 21, 2020 (9:35 a.m.)

13
1 SEC. 204. EXTENSION OF FEDERAL FUNDING OF THE FIRST
2 WEEK OF COMPENSABLE REGULAR UNEM-
3 PLOYMENT FOR STATES WITH NO WAITING
4 WEEK.
5 Section 2105 of the CARES Act (15 U.S.C. 9024)

6 is amended—
7 (1) in subsection (c)—
8 (A) in paragraph (1), by striking ‘‘There
9 shall be paid’’ and inserting ‘‘Except as pro-
10 vided in paragraph (3), there shall be paid’’;
11 and
12 (B) by adding at the end the following:
13 ‘‘(3) PARTIAL REIMBURSEMENT.—With respect
14 to compensation paid to individuals for weeks of un-
15 employment ending after December 31, 2020, para-
16 graph (1) shall be applied by substituting ‘50 per-
17 cent’ for ‘100 percent’.’’; and
18 (2) in subsection (e)(2), by striking ‘‘December
20 SEC. 205. EXTENSION OF EMERGENCY STATE STAFFING
21 FLEXIBILITY.
22 Section 4102(b) of the Families First Coronavirus

23 Response Act (26 U.S.C. 3304 note), in the second sen-
24 tence, is amended by striking ‘‘December 31, 2020’’ and
25 inserting ‘‘March 14, 2021’’.
December 21, 2020 (9:35 a.m.)

14
1 SEC. 206. EXTENSION AND BENEFIT PHASEOUT RULE FOR
2 PANDEMIC EMERGENCY UNEMPLOYMENT
3 COMPENSATION.
4 (a) IN GENERAL.—Section 2107(g) of the CARES

5 Act (15 U.S.C. 9025(g)) is amended to read as follows:
6 ‘‘(g) APPLICABILITY.—
7 ‘‘(1) IN GENERAL.—Except as provided in para-
8 graphs (2) and (3), an agreement entered into under
9 this section shall apply to weeks of unemployment—
10 ‘‘(A) beginning after the date on which
11 such agreement is entered into; and
12 ‘‘(B) ending on or before March 14, 2021.
13 ‘‘(2) TRANSITION RULE FOR INDIVIDUALS RE-
14 MAINING ENTITLED TO PANDEMIC EMERGENCY UN-
15 EMPLOYMENT COMPENSATION AS OF MARCH 14,
16 2021.—In the case of any individual who, as of the

17 date specified in paragraph (1)(B), is receiving Pan-
18 demic Emergency Unemployment Compensation but
19 has not yet exhausted all rights to such assistance
20 under this section, Pandemic Emergency Unemploy-
21 ment Compensation shall continue to be payable to
22 such individual for any week beginning on or after
23 such date for which the individual is otherwise eligi-
24 ble for Pandemic Emergency Unemployment Com-
25 pensation.
December 21, 2020 (9:35 a.m.)

15
1 ‘‘(3) TERMINATION.—Notwithstanding any
2 other provision of this subsection, no Pandemic
3 Emergency Unemployment Compensation shall be
4 payable for any week beginning after April 5,
5 2021.’’.
6 (b) INCREASE IN NUMBER OF WEEKS.—Section
7 2107(b)(2) of the CARES Act (15 U.S.C. 9025(b)(2)) is
9 (c) COORDINATION RULES.—
10 (1) COORDINATION OF PANDEMIC EMERGENCY
11 UNEMPLOYMENT COMPENSATION WITH REGULAR
12 COMPENSATION.—Section 2107(b) of the CARES

13 Act (15 U.S.C. 9025(b)) is amended by adding at
14 the end the following:
15 ‘‘(4) COORDINATION OF PANDEMIC EMERGENCY
16 UNEMPLOYMENT COMPENSATION WITH REGULAR
17 COMPENSATION.—
18 ‘‘(A) IN GENERAL.—If—
19 ‘‘(i) an individual has been determined

20 to be entitled to pandemic emergency un-
21 employment compensation with respect to
22 a benefit year;
23 ‘‘(ii) that benefit year has expired;
24 ‘‘(iii) that individual has remaining
25 entitlement to pandemic emergency unem-
December 21, 2020 (9:35 a.m.)

16
1 ployment compensation with respect to
2 that benefit year; and
3 ‘‘(iv) that individual would qualify for
4 a new benefit year in which the weekly
5 benefit amount of regular compensation is
6 at least $25 less than the individual’s
7 weekly benefit amount in the benefit year
8 referred to in clause (i),
9 then the State shall determine eligibility for
10 compensation as provided in subparagraph (B).
11 ‘‘(B) DETERMINATION OF ELIGIBILITY.—
12 For individuals described in subparagraph (A),

13 the State shall determine whether the individual
14 is to be paid pandemic emergency unemploy-
15 ment compensation or regular compensation for
16 a week of unemployment using one of the fol-
17 lowing methods:
18 ‘‘(i) The State shall, if permitted by
19 State law, establish a new benefit year, but
20 defer the payment of regular compensation
21 with respect to that new benefit year until
22 exhaustion of all pandemic emergency un-
23 employment compensation payable with re-
24 spect to the benefit year referred to in sub-
25 paragraph (A)(i).
December 21, 2020 (9:35 a.m.)

17
1 ‘‘(ii) The State shall, if permitted by
2 State law, defer the establishment of a new
3 benefit year (which uses all the wages and
4 employment which would have been used to
5 establish a benefit year but for the applica-
6 tion of this subparagraph), until exhaus-
7 tion of all pandemic emergency unemploy-
8 ment compensation payable with respect to
9 the benefit year referred to in subpara-
10 graph (A)(i).
11 ‘‘(iii) The State shall pay, if permitted
12 by State law—
13 ‘‘(I) regular compensation equal
14 to the weekly benefit amount estab-
15 lished under the new benefit year; and
16 ‘‘(II) pandemic emergency unem-
17 ployment compensation equal to the
18 difference between that weekly benefit
19 amount and the weekly benefit
20 amount for the expired benefit year.
21 ‘‘(iv) The State shall determine rights
22 to pandemic emergency unemployment
23 compensation without regard to any rights
24 to regular compensation if the individual
December 21, 2020 (9:35 a.m.)

18
1 elects to not file a claim for regular com-
2 pensation under the new benefit year.’’.
3 (2) COORDINATION OF PANDEMIC EMERGENCY
4 UNEMPLOYMENT COMPENSATION WITH EXTENDED
5 COMPENSATION.—
6 (A) INDIVIDUALS RECEIVING EXTENDED
7 COMPENSATION AS OF THE DATE OF ENACT-
8 MENT.—Section 2107(a)(5) of the CARES Act

9 (15 U.S.C. 9025(a)(5)) is amended—
10 (i) by striking ‘‘RULE.—An agree-
11 ment’’ and inserting the following:
12 ‘‘RULES.—
14 graph (B), an agreement’’; and
15 (ii) by adding at the end the fol-
16 lowing:
17 ‘‘(B) SPECIAL RULE.—In the case of an
18 individual who is receiving extended compensa-
19 tion under the State law for the week that in-
20 cludes the date of enactment of this subpara-
21 graph (without regard to the amendments made
22 by subsections (a) and (b) of section 206 of the
23 Continued Assistance for Unemployed Workers
24 Act of 2020), such individual shall not be eligi-
25 ble to receive pandemic emergency unemploy-
December 21, 2020 (9:35 a.m.)

19
1 ment compensation by reason of such amend-
2 ments until such individual has exhausted all
3 rights to such extended benefits.’’.
4 (B) ELIGIBILITY FOR EXTENDED COM-
5 PENSATION.—Section 2107(a) of the CARES

6 Act (15 U.S.C. 9025(a)) is amended by adding
7 at the end the following:
8 ‘‘(8) SPECIAL RULE FOR EXTENDED COM-
9 PENSATION.—At the option of a State, for any

10 weeks of unemployment beginning after the date of
11 the enactment of this paragraph and before April
12 12, 2021, an individual’s eligibility period (as de-
13 scribed in section 203(c) of the Federal-State Ex-
14 tended Unemployment Compensation Act of 1970
15 (26 U.S.C. 3304 note)) shall, for purposes of any
16 determination of eligibility for extended compensa-
17 tion under the State law of such State, be consid-
18 ered to include any week which begins—
19 ‘‘(A) after the date as of which such indi-
20 vidual exhausts all rights to pandemic emer-
21 gency unemployment compensation; and
22 ‘‘(B) during an extended benefit period
23 that began on or before the date described in
24 subparagraph (A).’’.
25 (d) EFFECTIVE DATE.—
December 21, 2020 (9:35 a.m.)

20
2 graph (2), the amendments made by this section
3 shall apply as if included in the enactment of the
4 CARES Act (Public Law 116–136), except that no
5 amount shall be payable by virtue of such amend-
6 ments with respect to any week of unemployment
7 commencing before the date of the enactment of this
8 Act.
9 (2) COORDINATION RULES.—The amendments
10 made by subsection (c)(1) shall apply to individuals
11 whose benefit years, as described in section
12 2107(b)(4)(A)(ii) of the CARES Act, expire after
14 SEC. 207. EXTENSION OF TEMPORARY FINANCING OF
15 SHORT-TIME COMPENSATION PAYMENTS IN
16 STATES WITH PROGRAMS IN LAW.
17 Section 2108(b)(2) of the CARES Act (15 U.S.C.

18 9026(b)(2)) is amended by striking ‘‘December 31, 2020’’
19 and inserting ‘‘March 14, 2021’’.
20 SEC. 208. EXTENSION OF TEMPORARY FINANCING OF
21 SHORT-TIME COMPENSATION AGREEMENTS
22 FOR STATES WITHOUT PROGRAMS IN LAW.
23 Section 2109(d)(2) of the CARES Act (15 U.S.C.

24 9027(d)(2)) is amended by striking ‘‘December 31, 2020’’
25 and inserting ‘‘March 14, 2021’’.
December 21, 2020 (9:35 a.m.)

21
1 SEC. 209. TECHNICAL AMENDMENT TO REFERENCES TO
2 REGULATION IN CARES ACT.
3 (a) IN GENERAL.—Section 2102(h) of the CARES

4 Act (Public Law 116-136) is amended by striking ‘‘section
5 625’’ in each place it appears and inserting ‘‘part 625’’.
7 this section shall take effect as if included in section 2102
8 of the CARES Act (Public Law 116-136).
9 Subchapter II—Extension of FFCRA
10 Unemployment Provisions
11 SEC. 221. EXTENSION OF TEMPORARY ASSISTANCE FOR
12 STATES WITH ADVANCES.
13 Section 1202(b)(10)(A) of the Social Security Act

14 (42 U.S.C. 1322(b)(10)(A)) is amended by striking ‘‘De-
15 cember 31, 2020’’ and inserting ‘‘March 14, 2021’’.
16 SEC. 222. EXTENSION OF FULL FEDERAL FUNDING OF EX-
17 TENDED UNEMPLOYMENT COMPENSATION.
18 Section 4105 of the Families First Coronavirus Re-

19 sponse Act (26 U.S.C. 3304 note) is amended—
20 (1) in subsection (a), by striking ‘‘December
21 31, 2020’’ and inserting ‘‘March 14, 2021’’; and
22 (2) in subsection (b), by striking ‘‘ending on or
23 before December 31, 2020’’ and inserting ‘‘before
24 March 14, 2021’’.
December 21, 2020 (9:35 a.m.)

22
1 Subchapter III—Continued Assistance to Rail
2 Workers
4 This subchapter may be cited as the ‘‘Continued As-

5 sistance to Rail Workers Act of 2020’’.
6 SEC. 232. ADDITIONAL ENHANCED BENEFITS UNDER THE
7 RAILROAD UNEMPLOYMENT INSURANCE ACT.
8 (a) IN GENERAL.—Section 2(a)(5)(A) of the Railroad

9 Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is
10 amended—
11 (1) in the first sentence—
12 (A) by inserting ‘‘and for registration peri-
13 ods beginning after December 26, 2020, but on
14 or before March 14, 2021,’’ after ‘‘July 31,
15 2020,’’;
16 (B) by striking ‘‘in the amount of $1,200’’;
17 and
18 (C) by striking ‘‘July 1, 2019’’ and insert-
19 ing ‘‘July 1, 2019, or July 1, 2020’’; and
20 (2) by adding at the end the following: ‘‘For
21 registration periods beginning on or after April 1,
22 2020, but on or before July 31, 2020, the recovery
23 benefit payable under this subparagraph shall be in
24 the amount of $1,200. For registration periods be-
25 ginning after December 26, 2020, but on or before
December 21, 2020 (9:35 a.m.)

23
1 March 14, 2021, the recovery benefit payable under
2 this subparagraph shall be in the amount of $600.’’.
3 (b) CLARIFICATION ON AUTHORITY TO USE
4 FUNDS.—Funds appropriated under subparagraph (B) of
5 section 2(a)(5) of the Railroad Unemployment Insurance
6 Act (45 U.S.C. 352(a)(5)) shall be available to cover the
7 cost of recovery benefits provided under such section
8 2(a)(5) by reason of the amendments made by subsection
9 (a) as well as to cover the cost of such benefits provided
10 under such section 2(a)(5) as in effect on the day before
12 SEC. 233. EXTENDED UNEMPLOYMENT BENEFITS UNDER
13 THE RAILROAD UNEMPLOYMENT INSURANCE
14 ACT.
15 (a) IN GENERAL.—Section 2(c)(2)(D) of the Rail-

16 road Unemployment Insurance Act (45 U.S.C.
17 352(c)(2)(D)) is amended—
18 (1) in clause (i)—
19 (A) in subclause (I), by striking ‘‘130
20 days’’ and inserting ‘‘185 days’’;
21 (B) in subclause (II), by striking ‘‘13 con-
22 secutive 14-day periods’’ and inserting ‘‘19 con-
23 secutive 14-day periods, except that no ex-
24 tended benefit period shall end before 6 con-
25 secutive 14-day periods after the date of enact-
December 21, 2020 (9:35 a.m.)

24
1 ment of the Continued Assistance for Unem-
2 ployed Workers Act of 2020 have elapsed’’;
3 (2) in clause (ii), by striking ‘‘if such clause
4 had not been enacted.’’ and inserting ‘‘if such clause
5 had not been enacted and if—
6 ‘‘(A) subparagraph (A) were ap-
7 plied by substituting ‘120 days of un-
8 employment’ for ‘65 days of unem-
9 ployment’; and
10 ‘‘(B) subparagraph (B) were ap-
11 plied by inserting ‘(or, in the case of
12 unemployment benefits, 12 consecu-
13 tive 14-day periods, except that no ex-
14 tended benefit period shall end before
15 6 consecutive 14-day periods after the
16 date of enactment of the Continued
17 Assistance for Unemployed Workers
18 Act of 2020 have elapsed)’ after ‘7
19 consecutive 14-day periods’.’’; and
20 (3) in clause (iii)—
21 (A) by striking ‘‘June 30, 2020’’ and in-
22 serting ‘‘June 30, 2021’’;
23 (B) by striking ‘‘no extended benefit period
24 under this paragraph shall begin after Decem-
25 ber 31, 2020’’ and inserting ‘‘the provisions of
December 21, 2020 (9:35 a.m.)

25
1 clauses (i) and (ii) shall not apply to any em-
2 ployee whose extended benefit period under sub-
3 paragraph (B) begins after March 14, 2021,
4 and shall not apply to any employee with re-
5 spect to any registration period beginning after
6 April 5, 2021.’’; and
7 (C) by striking ‘‘clause (iv)’’ and inserting
8 ‘‘clause (v)’’;
9 (4) by redesignating clause (iv) as clause (v);
10 and
11 (5) by inserting after clause (iii) the following:
12 ‘‘(iv) TREATMENT OF CERTAIN CAL-
13 ENDAR DAYS.—No calendar day occurring

14 during the period beginning on the first
15 date with respect to which the employee
16 has exhausted all rights to extended unem-
17 ployment benefits under this paragraph as
18 in effect on the day before the date of en-
19 actment of the Continued Assistance for
20 Unemployed Workers Act of 2020 and
21 ending with the date of such enactment
22 may be treated as a day of unemployment
23 for purposes of the payment of extended
24 unemployment benefits under this para-
25 graph.’’.
December 21, 2020 (9:35 a.m.)

26
1 (b) APPLICATION.—The amendments made by sub-
2 section (a) shall apply as if included in the enactment of
3 the CARES Act (15 U.S.C. 9001 et seq.).
4 (c) CLARIFICATION ON AUTHORITY TO USE FUND.—
5 Funds appropriated under either the first or second sen-
6 tence of clause (v) of section 2(c)(2)(D) of the Railroad
7 Unemployment Insurance Act (as redesignated by sub-
8 section (a)(4)) shall be available to cover the cost of addi-
9 tional extended unemployment benefits provided under
10 such section 2(c)(2)(D) by reason of the amendments
11 made by subsection (a) as well as to cover the cost of such
12 benefits provided under such section 2(c)(2)(D) as in ef-
13 fect on the day before the date of enactment of this Act.
14 SEC. 234. EXTENSION OF WAIVER OF THE 7-DAY WAITING
15 PERIOD FOR BENEFITS UNDER THE RAIL-
16 ROAD UNEMPLOYMENT INSURANCE ACT.
17 (a) IN GENERAL.—Section 2112(a) of the CARES

18 Act (15 U.S.C. 9030(a)) is amended by striking ‘‘Decem-
19 ber 31, 2020’’ and inserting ‘‘March 14, 2021’’.
20 (b) OPERATING INSTRUCTIONS AND REGULA-
21 TIONS.—The Railroad Retirement Board may prescribe
22 any operating instructions or regulations necessary to
23 carry out this section.
24 (c) CLARIFICATION ON AUTHORITY TO USE
25 FUNDS.—Funds appropriated under section 2112(c) of
December 21, 2020 (9:35 a.m.)

27
1 the CARES Act (15 U.S.C. 9030(c)) shall be available to
2 cover the cost of additional benefits payable due to section
3 2112(a) of such Act by reason of the amendments made
4 by subsection (a) as well as to cover the cost of such bene-
5 fits payable due to such section 2112(a) as in effect on
6 the day before the date of enactment of this Act.
7 SEC. 235. TREATMENT OF PAYMENTS FROM THE RAILROAD
8 UNEMPLOYMENT INSURANCE ACCOUNT.
9 (a) IN GENERAL.—Section 256(i)(1) of the Balanced

10 Budget and Emergency Deficit Control Act of 1985 (2
11 U.S.C. 906(i)(1)) is amended—
12 (1) in subparagraph (B), by striking ‘‘and’’ at
13 the end;
14 (2) in subparagraph (C), by inserting ‘‘and’’ at
15 the end; and
16 (3) by inserting after subparagraph (C) the fol-
17 lowing new subparagraph:
18 ‘‘(D) any payment made from the Railroad Un-
19 employment Insurance Account (established by sec-
20 tion 10 of the Railroad Unemployment Insurance
21 Act) for the purpose of carrying out the Railroad
22 Unemployment Insurance Act, and funds appro-
23 priated or transferred to or otherwise deposited in
24 such Account,’’.
December 21, 2020 (9:35 a.m.)

28
1 (b) EFFECTIVE DATE.—The treatment of payments
2 made from the Railroad Unemployment Insurance Ac-
3 count pursuant to the amendment made by subsection
4 (a)—
5 (1) shall take effect 7 days after the date of the
6 enactment of this Act; and
7 (2) shall apply only to obligations incurred dur-
8 ing the period beginning on the effective date de-
9 scribed in paragraph (1) and ending on the date
10 that is 30 days after the date on which the national
11 emergency concerning the novel coronavirus disease
12 (COVID–19) outbreak declared by the President on
13 March 13, 2020, under the National Emergencies
14 Act (50 U.S.C. 1601 et seq.) terminates.
15 (c) SUNSET.—The amendments made by subsection
16 (a) shall be repealed on the date that is 30 days after
17 the date on which the national emergency concerning the
18 novel coronavirus disease (COVID–19) outbreak declared
19 by the President on March 13, 2020, under the National
20 Emergencies Act (50 U.S.C. 1601 et seq.) terminates.
December 21, 2020 (9:35 a.m.)

29
1 Subchapter IV—Improvements to Pandemic
2 Unemployment Assistance to Strengthen
3 Program Integrity
4 SEC. 241. REQUIREMENT TO SUBSTANTIATE EMPLOYMENT
5 OR SELF-EMPLOYMENT AND WAGES EARNED
6 OR PAID TO CONFIRM ELIGIBILITY FOR PAN-
7 DEMIC UNEMPLOYMENT ASSISTANCE.
8 (a) IN GENERAL.—Section 2102(a)(3)(A) of the

9 CARES Act (15 U.S.C. 9021(a)(3)(A)) is amended—
10 (1) in clause (i), by striking ‘‘and’’ at the end;
11 (2) by inserting after clause (ii) the following:
12 ‘‘(iii) provides documentation to sub-
13 stantiate employment or self-employment
14 or the planned commencement of employ-
15 ment or self-employment not later than 21
16 days after the later of the date on which
17 the individual submits an application for
18 pandemic unemployment assistance under
19 this section or the date on which an indi-
20 vidual is directed by the State Agency to
21 submit such documentation in accordance
22 with section 625.6(e) of title 20, Code of
23 Federal Regulations, or any successor
24 thereto, except that such deadline may be
25 extended if the individual has shown good
December 21, 2020 (9:35 a.m.)

30
1 cause under applicable State law for failing
2 to submit such documentation; and’’.
3 (b) APPLICABILITY.—
4 (1) IN GENERAL.—Subject to paragraphs (2)
5 and (3), the amendments made by subsection (a)
6 shall apply to any individual who files a new applica-
7 tion for pandemic unemployment assistance or
8 claims pandemic unemployment assistance for any
9 week of unemployment under section 2102 of the
10 CARES Act (15 U.S.C. 9021) on or after January
11 31, 2021.
12 (2) SPECIAL RULE.—An individual who received
13 pandemic unemployment assistance under section
14 2102 of the CARES Act (15 U.S.C. 9021) for any
15 week ending before the date of enactment of this Act
16 shall not be considered ineligible for such assistance
17 for such week solely by reason of failure to submit
18 documentation described in clause (iii) of subsection
19 (a)(3)(A) of such section 2102, as added by sub-
20 section (a).
21 (3) PRIOR APPLICANTS.—With respect to an in-
22 dividual who applied for pandemic unemployment as-
23 sistance under section 2102 of the CARES Act (15
24 U.S.C. 9021) before January 31, 2021, and receives
25 such assistance on or after the date of enactment of
December 21, 2020 (9:35 a.m.)

31
1 this Act, clause (iii) of subsection (a)(3)(A) of such
2 section shall be applied by substituting ‘‘90 days’’
3 for ‘‘21 days’’.
4 SEC. 242. REQUIREMENT FOR STATES TO VERIFY IDENTITY
5 OF APPLICANTS FOR PANDEMIC UNEMPLOY-
6 MENT ASSISTANCE.
7 (a) IN GENERAL.—Section 2102(f) of the CARES

8 Act (15 U.S.C. 9021(f)) is amended—
9 (1) in paragraph (1), by inserting ‘‘, including
10 procedures for identity verification or validation and
11 for timely payment, to the extent reasonable and
12 practicable’’ before the period at the end; and
13 (2) in paragraph (2)(B), by inserting ‘‘and ex-
14 penses related to identity verification or validation
15 and timely and accurate payment’’ before the period
16 at the end.
17 (b) APPLICABILITY.—The requirements imposed by
18 the amendments made by this section shall apply, with re-
19 spect to agreements made under section 2102 of the
20 CARES Act, beginning on the date that is 30 days after
December 21, 2020 (9:35 a.m.)

32
1 Subchapter V—Return to Work Reporting
2 Requirement
3 SEC. 251. RETURN TO WORK REPORTING FOR CARES ACT
4 AGREEMENTS.
5 (a) IN GENERAL.—Subtitle A of title II of division

6 A of the CARES Act (Public Law 116–136) is amended
8 ‘‘SEC. 2117. RETURN TO WORK REPORTING.
9 ‘‘Each State participating in an agreement under any

10 of the preceding sections of this subtitle shall have in ef-
11 fect a method to address any circumstances in which, dur-
12 ing any period during which such agreement is in effect,
13 claimants of unemployment compensation refuse to return
14 to work or to accept an offer of suitable work without good
15 cause. Such method shall include the following:
16 ‘‘(1) A reporting method for employers, such as
17 through a phone line, email, or online portal, to no-
18 tify the State agency when an individual refuses an
19 offer of employment.
20 ‘‘(2) A plain-language notice provided to such
21 claimants about State return to work laws, rights to
22 refuse to return to work or to refuse suitable work,
23 including what constitutes suitable work, and a
24 claimant’s right to refuse work that poses a risk to
25 the claimant’s health or safety, and information on
December 21, 2020 (9:35 a.m.)

33
1 contesting the denial of a claim that has been denied
2 due to a report by an employer that the claimant re-
3 fused to return to work or refused suitable work.’’.
4 (b) EFFECTIVE DATE.—The requirements imposed
5 by this section shall take effect 30 days from the date of
7 Subchapter VI—Other Related Provisions
8 and Technical Corrections
9 SECTION 261. MIXED EARNER UNEMPLOYMENT COMPENSA-
10 TION.
11 (a) IN GENERAL.—Section 2104(b) of the CARES

12 Act (15 U.S.C. 9023(b)(1)), as amended by section 1103,
13 is further amended—
15 (A) in subparagraph (B), by striking the
16 period at the end and inserting ‘‘, plus’’; and
18 ‘‘(C) an additional amount of $100 (in this
19 section referred to as ‘Mixed Earner Unemploy-
20 ment Compensation’) in any case in which the
21 individual received at least $5,000 of self-em-
22 ployment income (as defined in section 1402(b)
23 of the Internal Revenue Code of 1986) in the
24 most recent taxable year ending prior to the in-
December 21, 2020 (9:35 a.m.)

34
1 dividual’s application for regular compensa-
2 tion.’’; and
3 (2) by adding at the end the following:
4 ‘‘(4) CERTAIN DOCUMENTATION REQUIRED.—
5 An agreement under this section shall include a re-

6 quirement, similar to the requirement under section
7 2102(a)(3)(A)(iii), for the substantiation of self-em-
8 ployment income with respect to each applicant for
9 Mixed Earner Unemployment Compensation under
10 paragraph (1)(C).’’.
11 (b) CONFORMING AMENDMENTS.—
12 (1) FEDERAL PANDEMIC UNEMPLOYMENT COM-
13 PENSATION.—Section 2104 of such Act is amend-

14 ed—
15 (A) by inserting ‘‘or Mixed Earner Unem-
16 ployment Compensation’’ after ‘‘Federal Pan-
17 demic Unemployment Compensation’’ each
18 place such term appears in subsection (b)(2),
19 (c), or (f) of such section;
20 (B) in subsection (d), by inserting ‘‘and
21 Mixed Earner Unemployment Compensation’’
22 after ‘‘Federal Pandemic Unemployment Com-
23 pensation’’; and
December 21, 2020 (9:35 a.m.)

35
1 (C) in subsection (g), by striking ‘‘provide
2 that’’ and all that follows through the end and
3 inserting ‘‘provide that—
4 ‘‘(1) the purposes of the preceding provisions of
5 this section, as such provisions apply with respect to
6 Federal Pandemic Unemployment Compensation,
7 shall be applied with respect to unemployment bene-
8 fits described in subsection (i)(2) to the same extent
9 and in the same manner as if those benefits were
10 regular compensation; and
11 ‘‘(2) the purposes of the preceding provisions of
12 this section, as such provisions apply with respect to
13 Mixed Earner Unemployment Compensation, shall
14 be applied with respect to unemployment benefits
15 described in subparagraph (A), (B), (D), or (E) of
16 subsection (i)(2) to the same extent and in the same
17 manner as if those benefits were regular compensa-
18 tion.’’.
19 (2) PANDEMIC EMERGENCY UNEMPLOYMENT
20 COMPENSATION.—Section 2107(a)(4)(A) of such Act

21 is amended—
22 (A) in clause (i), by striking ‘‘and’’;
23 (B) in clause (ii), by striking ‘‘section
24 2104;’’ and inserting ‘‘section 2104(b)(1)(B);
25 and’’; and
December 21, 2020 (9:35 a.m.)

36
2 ‘‘(iii) the amount (if any) of Mixed
3 Earner Unemployment Compensation
4 under section 2104(b)(1)(C);’’.
5 (c) STATE’S RIGHT OF NON-PARTICIPATION.—Any
6 State participating in an agreement under section 2104
7 of the CARES Act may elect to continue paying Federal
8 Pandemic Unemployment Compensation under such
9 agreement without providing Mixed Earner Unemploy-
10 ment Compensation pursuant to the amendments made by
11 this section. Such amendments shall apply with respect to
12 such a State only if the State so elects, in which case such
13 amendments shall apply with respect to weeks of unem-
14 ployment beginning on or after the later of the date of
15 such election or the date of enactment of this section.
16 SEC. 262. LOST WAGES ASSISTANCE RECOUPMENT FAIR-
17 NESS.
18 (a) DEFINITIONS.—In this section—

19 (1) the term ‘‘covered assistance’’ means assist-
20 ance provided for supplemental lost wages payments
21 under subsections (e)(2) and (f) of section 408 of
22 the Robert T. Stafford Disaster Relief and Emer-
23 gency Assistance Act (42 U.S.C. 5174), as author-
24 ized under the emergency declaration issued by the
25 President on March 13, 2020, pursuant to section
December 21, 2020 (9:35 a.m.)

37
1 501(b) of such Act (42 U.S.C. 5191(b)) and under
2 any subsequent major disaster declaration under sec-
3 tion 401 of such Act (42 U.S.C. 5170) that super-
4 sedes such emergency declaration; and
5 (2) the term ‘‘State’’ has the meaning given the
6 term in section 102 of the Robert T. Stafford Dis-
7 aster Relief and Emergency Assistance Act (42
8 U.S.C. 5122).
9 (b) WAIVER AUTHORITY FOR STATE LIABILITY.—In
10 the case of any individual who has received amounts of
11 covered assistance to which the individual is not entitled,
12 the State shall require the individual to repay the amounts
13 of such assistance to the State agency, except that the
14 State agency may waive such repayment if the State agen-
15 cy determines that—
16 (1) the payment of such covered assistance was
17 without fault on the part of the individual; and
18 (2) such repayment would be contrary to equity
19 and good conscience.
20 (c) WAIVER AUTHORITY FOR FEDERAL LIABILITY.—
21 Any waiver of debt issued by a State under subsection (b)
22 shall also waive the debt owed to the United States.
23 (d) REPORTING.—
24 (1) STATE REPORTING.—If a State issues a
25 waiver of debt under subsection (b), the State shall
December 21, 2020 (9:35 a.m.)

38
1 report such waiver to the Administrator of the Fed-
2 eral Emergency Management Agency.
3 (2) OIG REPORTING.—Not later than 6 months
4 after the date of enactment of this Act, the Inspec-
5 tor General of the Department of Homeland Secu-
6 rity shall submit a report that assesses the efforts
7 of the States to waive recoupment related to lost
8 wages assistance under section 408 of the Robert T.
9 Stafford Disaster Relief and Emergency Assistance
10 Act (42 U.S.C. 5174) to—
11 (A) the Committee on Homeland Security
12 and Governmental Affairs, the Committee on
13 Finance, and the Subcommittee on Homeland
14 Security of the Committee on Appropriations of
15 the Senate; and
16 (B) the Committee on Transportation and
17 Infrastructure, Committee on Ways and Means,
18 and the Subcommittee on Homeland Security of
19 the Committee on Appropriations of the House
20 of Representatives.
December 21, 2020 (9:35 a.m.)

39
1 SEC. 263. CONTINUING ELIGIBILITY FOR CERTAIN RECIPI-
2 ENTS OF PANDEMIC UNEMPLOYMENT ASSIST-
3 ANCE.
4 (a) IN GENERAL.—Section 2102(c) of the CARES

5 Act (15 U.S.C. 9021(c)), as amended by section 201, is
6 further amended by adding at the end the following:
7 ‘‘(6) CONTINUED ELIGIBILITY FOR ASSIST-
8 ANCE.—As a condition of continued eligibility for as-

9 sistance under this section, a covered individual shall
10 submit a recertification to the State for each week
11 after the individual’s 1st week of eligibility that cer-
12 tifies that the individual remains an individual de-
13 scribed in subsection (a)(3)(A)(ii) for such week.’’.
14 (b) EFFECTIVE DATE; SPECIAL RULE.—
15 (1) IN GENERAL.—The amendment made by
16 subsection (a) shall apply with respect to weeks be-
17 ginning on or after the date that is 30 days after
18 the date of enactment of this section.
19 (2) SPECIAL RULE.—In the case of any State
20 that made a good faith effort to implement section
21 2102 of division A of the CARES Act (15 U.S.C.
22 9021) in accordance with rules similar to those pro-
23 vided in section 625.6 of title 20, Code of Federal
24 Regulations, for weeks ending before the effective
25 date specified in paragraph (1), an individual who
26 received pandemic unemployment assistance from
December 21, 2020 (9:35 a.m.)

40
1 such State for any such week shall not be considered
2 ineligible for such assistance for such week solely by
3 reason of failure to submit a recertification described
4 in subsection (c)(5) of such section 2102.
5 SEC. 264. TECHNICAL CORRECTION FOR NONPROFIT ORGA-
6 NIZATIONS CLASSIFIED AS FEDERAL TRUST
7 INSTRUMENTALITIES.
8 (a) IN GENERAL.—Section 903(i)(1) of the Social Se-

9 curity Act (42 U.S.C. 1103(i)(1)) is amended—
10 (1) in subparagraph (B), in the first sentence,
11 by inserting ‘‘and to service provided by employees
12 of an entity created by Public Law 85–874 (20
13 U.S.C. 76h et seq.)’’ after ‘‘of such Code applies’’;
14 and
15 (2) in subparagraph (C), by inserting ‘‘or an
16 entity created by Public Law 85–874 (20 U.S.C.
17 76h et seq.)’’ before the period at the end.
18 (b) EFFECTIVE DATE.—The amendments made by
19 this section shall take effect as if included in the enact-
20 ment of section 2103 of the CARES Act (Public Law 116–
21 136).
22 SEC. 265. TECHNICAL CORRECTION FOR THE COMMON-
23 WEALTH OF NORTHERN MARIANA ISLANDS.
24 A Commonwealth Only Transitional Worker (as de-

25 fined in section 6(i)(2) of the Joint Resolution entitled ‘‘A
December 21, 2020 (9:35 a.m.)

41
1 Joint Resolution to approve the ‘Covenant To Establish
2 a Commonwealth of the Northern Mariana Islands in Po-
3 litical Union with the United States of America’, and for
4 other purposes’’ (48 U.S.C. 1806)) shall be considered a
5 qualified alien under section 431 of Public Law 104-193
6 (8 U.S.C. 1641) for purposes of eligibility for a benefit
7 under section 2102 or 2104 of the CARES Act.
8 SEC. 266. WAIVER TO PRESERVE ACCESS TO EXTENDED
9 BENEFITS IN HIGH UNEMPLOYMENT STATES.
10 (a) IN GENERAL.—For purposes of determining the

11 beginning of an extended benefit period (or a high unem-
12 ployment period) under the Federal-State Extended Un-
13 employment Compensation Act of 1970 (26 U.S.C. 3304
14 note) during the period beginning on November 1, 2020,
15 and ending December 31, 2021, section 203 of such Act
16 may be applied without regard to subsection (b)(1)(B) of
17 such section.
18 (b) RULEMAKING AUTHORITY; TECHNICAL ASSIST-
19 ANCE.—The Secretary of Labor shall issue such rules or
20 other guidance as the Secretary determines may be nec-
21 essary for the implementation of subsection (a), and shall
22 provide technical assistance to States as needed to facili-
23 tate such implementation.
December 21, 2020 (9:35 a.m.)

42
1 Subtitle B—COVID-related Tax
2 Relief Act of 2020
3 SEC. 271. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This subtitle may be cited as the

5 ‘‘COVID-related Tax Relief Act of 2020’’.
6 (b) AMENDMENT OF 1986 CODE.—Except as other-
7 wise expressly provided, whenever in this Act an amend-
8 ment or repeal is expressed in terms of an amendment
9 to, or repeal of, a section or other provision, the reference
10 shall be considered to be made to a section or other provi-
11 sion of the Internal Revenue Code of 1986.
12 (c) TABLE OF CONTENTS.—The table of contents of
13 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 pursu-
ant 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 de-
termining 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.
December 21, 2020 (9:35 a.m.)

43
1 SEC. 272. ADDITIONAL 2020 RECOVERY REBATES FOR INDI-
2 VIDUALS.
3 (a) IN GENERAL.—Subchapter B of chapter 65 of

4 subtitle F is amended by inserting after section 6428 the
5 following new section:
6 ‘‘SEC. 6428A. ADDITIONAL 2020 RECOVERY REBATES FOR IN-
7 DIVIDUALS.
8 ‘‘(a) IN GENERAL.—In addition to the credit allowed

9 under section 6428, in the case of an eligible individual,
10 there shall be allowed as a credit against the tax imposed
11 by subtitle A for the first taxable year beginning in 2020
12 an amount equal to the sum of—
13 ‘‘(1) $600 ( $1,200 in the case of eligible indi-
14 viduals filing a joint return), plus
15 ‘‘(2) an amount equal to the product of $600
16 multiplied by the number of qualifying children
17 (within the meaning of section 24(c)) of the tax-
18 payer.
19 ‘‘(b) TREATMENT OF CREDIT.—The credit allowed by
20 subsection (a) shall be treated as allowed by subpart C
21 of part IV of subchapter A of chapter 1.
22 ‘‘(c) LIMITATION BASED ON ADJUSTED GROSS IN-
23 COME.—The amount of the credit allowed by subsection
24 (a) (determined without regard to this subsection and sub-
25 section (e)) shall be reduced (but not below zero) by 5
December 21, 2020 (9:35 a.m.)

44
1 percent of so much of the taxpayer’s adjusted gross in-
2 come as exceeds—
3 ‘‘(1) $150,000 in the case of a joint return or
4 a surviving spouse (as defined in section 2(a)),
5 ‘‘(2) $112,500 in the case of a head of house-
6 hold (as defined in section 2(b)), and
7 ‘‘(3) $75,000 in the case of a taxpayer not de-
8 scribed in paragraph (1) or (2).
9 ‘‘(d) ELIGIBLE INDIVIDUAL.—For purposes of this
10 section, the term ‘eligible individual’ means any individual
11 other than—
12 ‘‘(1) any nonresident alien individual,
13 ‘‘(2) any individual with respect to whom a de-
14 duction under section 151 is allowable to another
15 taxpayer for a taxable year beginning in the cal-
16 endar year in which the individual’s taxable year be-
17 gins, and
18 ‘‘(3) an estate or trust.
19 ‘‘(e) COORDINATION WITH ADVANCE REFUNDS OF
20 CREDIT.—
21 ‘‘(1) IN GENERAL.—The amount of the credit
22 which would (but for this paragraph) be allowable
23 under this section shall be reduced (but not below
24 zero) by the aggregate refunds and credits made or
25 allowed to the taxpayer under subsection (f). Any
December 21, 2020 (9:35 a.m.)

45
1 failure to so reduce the credit shall be treated as
2 arising out of a mathematical or clerical error and
3 assessed according to section 6213(b)(1).
4 ‘‘(2) JOINT RETURNS.—Except as otherwise
5 provided by the Secretary, in the case of a refund
6 or credit made or allowed under subsection (f) with
7 respect to a joint return, half of such refund or cred-
8 it shall be treated as having been made or allowed
9 to each individual filing such return.
10 ‘‘(f) ADVANCE REFUNDS AND CREDITS.—
11 ‘‘(1) IN GENERAL.—Each individual who was
12 an eligible individual for such individual’s first tax-
13 able year beginning in 2019 shall be treated as hav-
14 ing made a payment against the tax imposed by
15 chapter 1 for such taxable year in an amount equal
16 to the advance refund amount for such taxable year.
17 ‘‘(2) ADVANCE REFUND AMOUNT.—For pur-
18 poses of paragraph (1), the advance refund amount
19 is the amount that would have been allowed as a
20 credit under this section for such taxable year if this
21 section (other than subsection (e) and this sub-
22 section) had applied to such taxable year. For pur-
23 poses of determining the advance refund amount
24 with respect to such taxable year—
December 21, 2020 (9:35 a.m.)

46
1 ‘‘(A) any individual who was deceased be-
2 fore January 1, 2020, shall be treated for pur-
3 poses of applying subsection (g) in the same
4 manner as if the valid identification number of
5 such person was not included on the return of
6 tax for such taxable year, and
7 ‘‘(B) no amount shall be determined under
8 this subsection with respect to any qualifying
9 child of the taxpayer if—
10 ‘‘(i) the taxpayer was deceased before
11 January 1, 2020, or
12 ‘‘(ii) in the case of a joint return, both
13 taxpayers were deceased before January 1,
14 2020.
15 ‘‘(3) TIMING AND MANNER OF PAYMENTS.—
16 ‘‘(A) TIMING.—
17 ‘‘(i) IN GENERAL.—The Secretary
18 shall, subject to the provisions of this title,
19 refund or credit any overpayment attrib-
20 utable to this subsection as rapidly as pos-
21 sible.
22 ‘‘(ii) DEADLINE.—
23 ‘‘(I) IN GENERAL.—Except as
24 provided in subclause (II), no refund
25 or credit shall be made or allowed
December 21, 2020 (9:35 a.m.)

47
1 under this subsection after January
2 15, 2021.
3 ‘‘(II) EXCEPTION FOR MIRROR
4 CODE POSSESSIONS.—In the case of a

5 possession of the United States which
6 has a mirror code tax system (as such
7 terms are defined in section 272(c) of
8 the COVID-related Tax Relief Act of
9 2020), no refund or credit shall be
10 made or allowed under this subsection
11 after the earlier of—
12 ‘‘(aa) such date as is deter-
13 mined appropriate by the Sec-
14 retary, or
15 ‘‘(bb) September 30, 2021.
16 ‘‘(B) DELIVERY OF PAYMENTS.—Notwith-
17 standing any other provision of law, the Sec-

18 retary may certify and disburse refunds payable
19 under this subsection electronically to—
20 ‘‘(i) any account to which the payee
21 authorized, on or after January 1, 2019,
22 the delivery of a refund of taxes under this
23 title or of a Federal payment (as defined
24 in section 3332 of title 31, United States
25 Code),
December 21, 2020 (9:35 a.m.)

48
1 ‘‘(ii) any account belonging to a payee
2 from which that individual, on or after
3 January 1, 2019, made a payment of taxes
4 under this title, or
5 ‘‘(iii) any Treasury-sponsored account
6 (as defined in section 208.2 of title 31,
7 Code of Federal Regulations).
8 ‘‘(C) WAIVER OF CERTAIN RULES.—Not-
9 withstanding section 3325 of title 31, United

10 States Code, or any other provision of law, with
11 respect to any payment of a refund under this
12 subsection, a disbursing official in the executive
13 branch of the United States Government may
14 modify payment information received from an
15 officer or employee described in section
16 3325(a)(1)(B) of such title for the purpose of
17 facilitating the accurate and efficient delivery of
18 such payment. Except in cases of fraud or reck-
19 less neglect, no liability under sections 3325,
20 3527, 3528, or 3529 of title 31, United States
21 Code, shall be imposed with respect to pay-
22 ments made under this subparagraph.
23 ‘‘(4) NO INTEREST.—No interest shall be al-
24 lowed on any overpayment attributable to this sub-
25 section.
December 21, 2020 (9:35 a.m.)

49
1 ‘‘(5) APPLICATION TO CERTAIN INDIVIDUALS
2 WHO DO NOT FILE A RETURN OF TAX FOR 2019.—
3 ‘‘(A) IN GENERAL.—In the case of a speci-

4 fied individual who, at the time of any deter-
5 mination made pursuant to paragraph (3), has
6 not filed a tax return for the year described in
7 paragraph (1), the Secretary may use informa-
8 tion with respect to such individual which is
9 provided by—
10 ‘‘(i) in the case of a specified social
11 security beneficiary or a specified supple-
12 mental security income recipient, the Com-
13 missioner of Social Security,
14 ‘‘(ii) in the case of a specified railroad
15 retirement beneficiary, the Railroad Retire-
16 ment Board, and
17 ‘‘(iii) in the case of a specified vet-
18 erans beneficiary, the Secretary of Vet-
19 erans Affairs (in coordination with, and
20 with the assistance of, the Commissioner of
21 Social Security if appropriate).
22 ‘‘(B) SPECIFIED INDIVIDUAL.—For pur-
23 poses of this paragraph, the term ‘specified in-
24 dividual’ means any individual who is—
December 21, 2020 (9:35 a.m.)

50
1 ‘‘(i) a specified social security bene-
2 ficiary,
3 ‘‘(ii) a specified supplemental security
4 income recipient,
5 ‘‘(iii) a specified railroad retirement
6 beneficiary, or
7 ‘‘(iv) a specified veterans beneficiary.
8 ‘‘(C) SPECIFIED SOCIAL SECURITY BENE-
9 FICIARY.—
10 ‘‘(i) IN GENERAL.—For purposes of

11 this paragraph, the term ‘specified social
12 security beneficiary’ means any individual
13 who, for the last month for which the Sec-
14 retary has available information as of the
15 date of enactment of this section, is enti-
16 tled to any monthly insurance benefit pay-
17 able under title II of the Social Security
18 Act (42 U.S.C. 401 et seq.), including pay-
19 ments made pursuant to sections 202(d),
20 223(g), and 223(i)(7) of such Act.
21 ‘‘(ii) EXCEPTION.—For purposes of
22 this paragraph, the term ‘specified social
23 security beneficiary’ shall not include any
24 individual if such benefit is not payable for
25 such month by reason of section
December 21, 2020 (9:35 a.m.)

51
1 202(x)(1)(A) of the Social Security Act
2 (42 U.S.C. 402(x)(1)(A)) or section 1129A
3 of such Act (42 U.S.C. 1320a–8a).
4 ‘‘(D) SPECIFIED SUPPLEMENTAL SECU-
5 RITY INCOME RECIPIENT.—

7 this paragraph, the term ‘specified supple-
8 mental security income recipient’ means
9 any individual who, for the last month for
10 which the Secretary has available informa-
11 tion as of the date of enactment of this
12 section, is eligible for a monthly benefit
13 payable under title XVI of the Social Secu-
14 rity Act (42 U.S.C. 1381 et seq.), includ-
15 ing—
16 ‘‘(I) payments made pursuant to
17 section 1614(a)(3)(C) of such Act (42
18 U.S.C. 1382c(a)(3)(C)),
19 ‘‘(II) payments made pursuant to
20 section 1619(a) (42 U.S.C. 1382h(a))
21 or subsections (a)(4), (a)(7), or (p)(7)
22 of section 1631 (42 U.S.C. 1383) of
23 such Act, and
24 ‘‘(III) State supplementary pay-
25 ments of the type referred to in sec-
December 21, 2020 (9:35 a.m.)

52
1 tion 1616(a) of such Act (42 U.S.C.
2 1382e(a)) (or payments of the type
3 described in section 212(a) of Public
4 Law 93–66) which are paid by the
5 Commissioner under an agreement re-
6 ferred to in such section 1616(a) (or
7 section 212(a) of Public Law 93–66).
9 this paragraph, the term ‘specified supple-
10 mental security income recipient’ shall not
11 include any individual if such monthly ben-
12 efit is not payable for such month by rea-
13 son of section 1611(e)(1)(A) of the Social
14 Security Act (42 U.S.C. 1382(e)(1)(A)) or
15 section 1129A of such Act (42 U.S.C.
16 1320a–8a).
17 ‘‘(E) SPECIFIED RAILROAD RETIREMENT
18 BENEFICIARY.—For purposes of this para-

19 graph, the term ‘specified railroad retirement
20 beneficiary’ means any individual who, for the
21 last month for which the Secretary has avail-
22 able information as of the date of enactment of
23 this section, is entitled to a monthly annuity or
24 pension payment payable (without regard to
December 21, 2020 (9:35 a.m.)

53
1 section 5(a)(ii) of the Railroad Retirement Act
2 of 1974 (45 U.S.C. 231d(a)(ii))) under—
3 ‘‘(i) section 2(a)(1) of such Act (45
4 U.S.C. 231a(a)(1)),
5 ‘‘(ii) section 2(c) of such Act (45
6 U.S.C. 231a(c)),
7 ‘‘(iii) section 2(d)(1) of such Act (45
8 U.S.C. 231a(d)(1)), or
9 ‘‘(iv) section 7(b)(2) of such Act (45
10 U.S.C. 231f(b)(2)) with respect to any of
11 the benefit payments described in subpara-
12 graph (C)(i).
13 ‘‘(F) SPECIFIED VETERANS BENE-
14 FICIARY.—

16 this paragraph, the term ‘specified vet-
17 erans beneficiary’ means any individual
18 who, for the last month for which the Sec-
19 retary has available information as of the
20 date of enactment of this section, is enti-
21 tled to a compensation or pension payment
22 payable under—
23 ‘‘(I) section 1110, 1117, 1121,
24 1131, 1141, or 1151 of title 38,
25 United States Code,
December 21, 2020 (9:35 a.m.)

54
1 ‘‘(II) section 1310, 1312, 1313,
2 1315, 1316, or 1318 of title 38,
3 United States Code,
4 ‘‘(III) section 1513, 1521, 1533,
5 1536, 1537, 1541, 1542, or 1562 of
6 title 38, United States Code, or
7 ‘‘(IV) section 1805, 1815, or
8 1821 of title 38, United States Code,
9 to a veteran, surviving spouse, child, or
10 parent as described in paragraph (2), (3),
11 (4)(A)(ii), or (5) of section 101, title 38,
14 this paragraph, the term ‘specified vet-
15 erans beneficiary’ shall not include any in-
16 dividual if such compensation or pension
17 payment is not payable, or was reduced,
18 for such month by reason of section 1505
19 or 5313 of title 38, United States Code.
20 ‘‘(G) SUBSEQUENT DETERMINATIONS AND
21 REDETERMINATIONS NOT TAKEN INTO AC-
22 COUNT.—For purposes of this section, any indi-

23 vidual’s status as a specified social security ben-
24 eficiary, a specified supplemental security in-
25 come recipient, a specified railroad retirement
December 21, 2020 (9:35 a.m.)

55
1 beneficiary, or a specified veterans beneficiary
2 shall be unaffected by any determination or re-
3 determination of any entitlement to, or eligi-
4 bility for, any benefit, payment, or compensa-
5 tion, if such determination or redetermination
6 occurs after the last month for which the Sec-
7 retary has available information as of the date
8 of enactment of this section.
9 ‘‘(H) PAYMENT TO REPRESENTATIVE PAY-
10 EES AND FIDUCIARIES.—
11 ‘‘(i) IN GENERAL.—If the benefit,

12 payment, or compensation referred to in
13 subparagraph (C)(i), (D)(i), (E), or (F)(i)
14 with respect to any specified individual is
15 paid to a representative payee or fiduciary,
16 payment by the Secretary under paragraph
17 (3) with respect to such specified indi-
18 vidual shall be made to such individual’s
19 representative payee or fiduciary and the
20 entire payment shall be used only for the
21 benefit of the individual who is entitled to
22 the payment.
23 ‘‘(ii) APPLICATION OF ENFORCEMENT
24 PROVISIONS.—
December 21, 2020 (9:35 a.m.)

56
1 ‘‘(I) In the case of a payment de-
2 scribed in clause (i) which is made
3 with respect to a specified social secu-
4 rity beneficiary or a specified supple-
5 mental security income recipient, sec-
6 tion 1129(a)(3) of the Social Security
7 Act (42 U.S.C. 1320a–8(a)(3)) shall
8 apply to such payment in the same
9 manner as such section applies to a
10 payment under title II or XVI of such
11 Act.
12 ‘‘(II) In the case of a payment
13 described in clause (i) which is made
14 with respect to a specified railroad re-
15 tirement beneficiary, section 13 of the
16 Railroad Retirement Act (45 U.S.C.
17 231l) shall apply to such payment in
18 the same manner as such section ap-
19 plies to a payment under such Act.
20 ‘‘(III) In the case of a payment
21 described in clause (i) which is made
22 with respect to a specified veterans
23 beneficiary, sections 5502, 6106, and
24 6108 of title 38, United States Code,
25 shall apply to such payment in the
December 21, 2020 (9:35 a.m.)

57
1 same manner as such sections apply
2 to a payment under such title.
3 ‘‘(I) INELIGIBILITY FOR SPECIAL RULE
4 NOT TO BE INTERPRETED AS GENERAL INELI-
5 GIBILITY.—An individual shall not fail to be

6 treated as an eligible individual for purposes of
7 this subsection or subsection (a) merely because
8 such individual is not a specified individual (in-
9 cluding by reason of subparagraph (C)(ii),
10 (D)(ii), or (F)(ii)).
11 ‘‘(6) NOTICE TO TAXPAYER.—As soon as prac-
12 ticable after the date on which the Secretary distrib-
13 uted any payment to an eligible taxpayer pursuant
14 to this subsection, the Secretary shall send notice by
15 mail to such taxpayer’s last known address. Such
16 notice shall indicate the method by which such pay-
17 ment was made, the amount of such payment, and
18 a phone number for the appropriate point of contact
19 at the Internal Revenue Service to report any failure
20 to receive such payment.
21 ‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.—
22 ‘‘(1) IN GENERAL.—In the case of a return
23 other than a joint return, the $600 amount in sub-
24 section (a)(1) shall be treated as being zero unless
25 the taxpayer includes the valid identification number
December 21, 2020 (9:35 a.m.)

58
1 of the taxpayer on the return of tax for the taxable
2 year.
3 ‘‘(2) JOINT RETURNS.—In the case of a joint
4 return, the $1,200 amount in subsection (a)(1) shall
5 be treated as being—
6 ‘‘(A) $600 if the valid identification num-
7 ber of only 1 spouse is included on the return
8 of tax for the taxable year, and
9 ‘‘(B) zero if the valid identification number
10 of neither spouse is so included.
11 ‘‘(3) QUALIFYING CHILD.—A qualifying child of
12 a taxpayer shall not be taken into account under
13 subsection (a)(2) unless—
14 ‘‘(A) the taxpayer includes the valid identi-
15 fication number of such taxpayer (or, in the
16 case of a joint return, the valid identification
17 number of at least 1 spouse) on the return of
18 tax for the taxable year, and
19 ‘‘(B) the valid identification number of
20 such qualifying child is included on the return
21 of tax for the taxable year.
22 ‘‘(4) VALID IDENTIFICATION NUMBER.—
23 ‘‘(A) IN GENERAL.—For purposes of this

24 subsection, the term ‘valid identification num-
December 21, 2020 (9:35 a.m.)

59
1 ber’ means a social security number (as such
2 term is defined in section 24(h)(7)).
3 ‘‘(B) ADOPTION TAXPAYER IDENTIFICA-
4 TION NUMBER.—For purposes of paragraph

5 (3)(B), in the case of a qualifying child who is
6 adopted or placed for adoption, the term ‘valid
7 identification number’ shall include the adop-
8 tion taxpayer identification number of such
9 child.
10 ‘‘(5) SPECIAL RULE FOR MEMBERS OF THE
11 ARMED FORCES.—Paragraph (2) shall not apply in

12 the case where at least 1 spouse was a member of
13 the Armed Forces of the United States at any time
14 during the taxable year and the valid identification
15 number of at least 1 spouse is included on the re-
16 turn of tax for the taxable year.
17 ‘‘(6) COORDINATION WITH CERTAIN ADVANCE
18 PAYMENTS.—In the case of any payment under sub-

19 section (f) which is based on information provided
20 under paragraph (5) of such subsection, a valid
21 identification number shall be treated for purposes
22 of this subsection as included on the taxpayer’s re-
23 turn of tax if such valid identification number is
24 provided pursuant to subsection (f)(5).
December 21, 2020 (9:35 a.m.)

60
1 ‘‘(7) MATHEMATICAL OR CLERICAL ERROR AU-
2 THORITY.—Any omission of a correct valid identi-

3 fication number required under this subsection shall
4 be treated as a mathematical or clerical error for
5 purposes of applying section 6213(g)(2) to such
6 omission.
7 ‘‘(h) REGULATIONS.—The Secretary shall prescribe
8 such regulations or other guidance as may be necessary
9 to carry out the purposes of this section, including any
10 such measures as are deemed appropriate to avoid allow-
11 ing multiple credits or rebates to a taxpayer.’’.
12 (b) ADMINISTRATIVE AMENDMENTS.—
13 (1) DEFINITION OF DEFICIENCY.—Section
14 6211(b)(4)(A) is amended by striking ‘‘and 6428’’

15 and inserting ‘‘6428, and 6428A’’.
16 (2) MATHEMATICAL OR CLERICAL ERROR AU-
17 THORITY.—Section 6213(g)(2)(L) is amended by

18 striking ‘‘or 6428’’ and inserting ‘‘6428, or 6428A’’.
19 (c) TREATMENT OF POSSESSIONS.—
20 (1) PAYMENTS TO POSSESSIONS.—
21 (A) MIRROR CODE POSSESSION.—The Sec-

22 retary of the Treasury shall pay to each posses-
23 sion of the United States which has a mirror
24 code tax system amounts equal to the loss (if
25 any) to that possession by reason of the amend-
December 21, 2020 (9:35 a.m.)

61
1 ments made by this section. Such amounts shall
2 be determined by the Secretary of the Treasury
3 based on information provided by the govern-
4 ment of the respective possession.
5 (B) OTHER POSSESSIONS.—The Secretary
6 of the Treasury shall pay to each possession of
7 the United States which does not have a mirror
8 code tax system amounts estimated by the Sec-
9 retary of the Treasury as being equal to the ag-
10 gregate benefits (if any) that would have been
11 provided to residents of such possession by rea-
12 son of the amendments made by this section if
13 a mirror code tax system had been in effect in
14 such possession. The preceding sentence shall
15 not apply unless the respective possession has a
16 plan, which has been approved by the Secretary
17 of the Treasury, under which such possession
18 will promptly distribute such payments to its
19 residents.
20 (2) COORDINATION WITH CREDIT ALLOWED
21 AGAINST UNITED STATES INCOME TAXES.—No cred-

22 it shall be allowed against United States income
23 taxes under section 6428A of the Internal Revenue
24 Code of 1986 (as added by this section) to any per-
25 son—
December 21, 2020 (9:35 a.m.)

62
1 (A) to whom a credit is allowed against
2 taxes imposed by the possession by reason of
3 the amendments made by this section, or
4 (B) who is eligible for a payment under a
5 plan described in paragraph (1)(B).
6 (3) DEFINITIONS AND SPECIAL RULES.—
7 (A) POSSESSION OF THE UNITED
8 STATES.—For purposes of this subsection, the

9 term ‘‘possession of the United States’’ includes
10 the Commonwealth of Puerto Rico and the
11 Commonwealth of the Northern Mariana Is-
12 lands.
13 (B) MIRROR CODE TAX SYSTEM.—For pur-
14 poses of this subsection, the term ‘‘mirror code
15 tax system’’ means, with respect to any posses-
16 sion of the United States, the income tax sys-
17 tem of such possession if the income tax liabil-
18 ity of the residents of such possession under
19 such system is determined by reference to the
20 income tax laws of the United States as if such
21 possession were the United States.
22 (C) TREATMENT OF PAYMENTS.—For pur-
23 poses of section 1324 of title 31, United States
24 Code, the payments under this subsection shall
25 be treated in the same manner as a refund due
December 21, 2020 (9:35 a.m.)

63
1 from a credit provision referred to in subsection
2 (b)(2) of such section.
3 (d) ADMINISTRATIVE PROVISIONS.—
4 (1) EXCEPTION FROM REDUCTION OR OFF-
5 SET.—Any refund payable by reason of section

6 6428A(f) of the Internal Revenue Code of 1986 (as
7 added by this section), or any such refund payable
8 by reason of subsection (c) of this section, shall not
9 be—
10 (A) subject to reduction or offset pursuant
11 to section 3716 or 3720A of title 31, United
12 States Code,
13 (B) subject to reduction or offset pursuant
14 to subsection (c), (d), (e), or (f) of section 6402
15 of the Internal Revenue Code of 1986, or
16 (C) reduced or offset by other assessed
17 Federal taxes that would otherwise be subject
18 to levy or collection.
19 (2) ASSIGNMENT OF BENEFITS.—
20 (A) IN GENERAL.—The right of any per-

21 son to any applicable payment shall not be
22 transferable or assignable, at law or in equity,
23 and no applicable payment shall be subject to,
24 execution, levy, attachment, garnishment, or
December 21, 2020 (9:35 a.m.)

64
1 other legal process, or the operation of any
2 bankruptcy or insolvency law.
3 (B) ENCODING OF PAYMENTS.—In the
4 case of an applicable payment described in sub-
5 paragraph (E)(iii)(I) that is paid electronically
6 by direct deposit through the Automated Clear-
7 ing House (ACH) network, the Secretary of the
8 Treasury (or the Secretary’s delegate) shall—
9 (i) issue the payment using a unique
10 identifier that is reasonably sufficient to
11 allow a financial institution to identify the
12 payment as an applicable payment, and
13 (ii) further encode the payment pursu-
14 ant to the same specifications as required
15 for a benefit payment defined in section
16 212.3 of title 31, Code of Federal Regula-
17 tions.
18 (C) GARNISHMENT.—
19 (i) ENCODED PAYMENTS.—In the case
20 of a garnishment order that applies to an
21 account that has received an applicable
22 payment that is encoded as provided in
23 subparagraph (B), a financial institution
24 shall follow the requirements and proce-
December 21, 2020 (9:35 a.m.)

65
1 dures set forth in part 212 of title 31,
2 Code of Federal Regulations, except—
3 (I) notwithstanding section 212.4
4 of title 31, Code of Federal Regula-
5 tions (and except as provided in sub-
6 clause (II)), a financial institution
7 shall not fail to follow the procedures
8 of sections 212.5 and 212.6 of such
9 title with respect to a garnishment
10 order merely because such order has
11 attached, or includes, a notice of right
12 to garnish federal benefits issued by a
13 State child support enforcement agen-
14 cy, and
15 (II) a financial institution shall
16 not, with regard to any applicable
17 payment, be required to provide the
18 notice referenced in sections 212.6
19 and 212.7 of title 31, Code of Federal
20 Regulations.
21 (ii) OTHER PAYMENTS.—In the case
22 of a garnishment order (other than an
23 order that has been served by the United
24 States) that has been received by a finan-
25 cial institution and that applies to an ac-
December 21, 2020 (9:35 a.m.)

66
1 count into which an applicable payment
2 that has not been encoded as provided in
3 subparagraph (B) has been deposited elec-
4 tronically on any date during the lookback
5 period or into which an applicable payment
6 that has been deposited by check on any
7 date in the lookback period, the financial
8 institution, upon the request of the account
9 holder, shall treat the amount of the funds
10 in the account at the time of the request,
11 up to the amount of the applicable pay-
12 ment (in addition to any amounts other-
13 wise protected under part 212 of title 31,
14 Code of Federal Regulations), as exempt
15 from a garnishment order without requir-
16 ing the consent of the party serving the
17 garnishment order or the judgment cred-
18 itor.
19 (iii) LIABILITY.—A financial institu-
20 tion that acts in good faith in reliance on
21 clauses (i) or (ii) shall not be subject to li-
22 ability or regulatory action under any Fed-
23 eral or State law, regulation, court or other
24 order, or regulatory interpretation for ac-
25 tions concerning any applicable payments.
December 21, 2020 (9:35 a.m.)

67
1 (D) NO RECLAMATION RIGHTS.—This
2 paragraph shall not alter the status of applica-

3 ble payments as tax refunds or other nonbenefit
4 payments for purpose of any reclamation rights
5 of the Department of the Treasury or the Inter-
6 nal Revenue Service as per part 210 of title 31,
7 Code of Federal Regulations.
8 (E) DEFINITIONS.—For purposes of this
9 paragraph—
10 (i) ACCOUNT HOLDER.—The term
11 ‘‘account holder’’ means a natural person
12 whose name appears in a financial institu-
13 tion’s records as the direct or beneficial
14 owner of an account.
15 (ii) ACCOUNT REVIEW.—The term
16 ‘‘account review’’ means the process of ex-
17 amining deposits in an account to deter-
18 mine if an applicable payment has been de-
19 posited into the account during the
20 lookback period. The financial institution
21 shall perform the account review following
22 the procedures outlined in section 212.5 of
23 title 31, Code of Federal Regulations and
24 in accordance with the requirements of sec-
December 21, 2020 (9:35 a.m.)

68
1 tion 212.6 of title 31, Code of Federal
2 Regulations.
3 (iii) APPLICABLE PAYMENT.—The
4 term ‘‘applicable payment’’ means—

5 (I) any advance refund amount
6 paid pursuant to section 6428A(f) of
7 Internal Revenue Code of 1986 (as
8 added by this section),
9 (II) any payment made by a pos-
10 session of the United States with a
11 mirror code tax system (as defined in
12 subsection (c) of this section) pursu-
13 ant to such subsection which cor-
14 responds to a payment described in
15 subclause (I), and
16 (III) any payment made by a
17 possession of the United States with-
18 out a mirror code tax system (as so
19 defined) pursuant to subsection (c) of
20 this section.
21 (iv) GARNISHMENT.—The term ‘‘gar-
22 nishment’’ means execution, levy, attach-
23 ment, garnishment, or other legal process.
24 (v) GARNISHMENT ORDER.—The term
25 ‘‘garnishment order’’ means a writ, order,
December 21, 2020 (9:35 a.m.)

69
1 notice, summons, judgment, levy, or simi-
2 lar written instruction issued by a court, a
3 State or State agency, a municipality or
4 municipal corporation, or a State child
5 support enforcement agency, including a
6 lien arising by operation of law for overdue
7 child support or an order to freeze the as-
8 sets in an account, to effect a garnishment
9 against a debtor.
10 (vi) LOOKBACK PERIOD.—The term
11 ‘‘lookback period’’ means the two month
12 period that begins on the date preceding
13 the date of account review and ends on the
14 corresponding date of the month two
15 months earlier, or on the last date of the
16 month two months earlier if the cor-
17 responding date does not exist.
18 (3) AGENCY INFORMATION SHARING AND AS-
19 SISTANCE.—
20 (A) IN GENERAL.—The Commissioner of

21 Social Security, the Railroad Retirement Board,
22 and the Secretary of Veterans Affairs shall each
23 provide the Secretary of the Treasury (or the
24 Secretary’s delegate) such information and as-
25 sistance as the Secretary of the Treasury (or
December 21, 2020 (9:35 a.m.)

70
1 the Secretary’s delegate) may require for pur-
2 poses of—
3 (i) making payments under section
4 6428A(f) of the Internal Revenue Code of
5 1986 to individuals described in paragraph
6 (5)(A) thereof, or
7 (ii) providing administrative assist-
8 ance to a possession of the United States
9 (as defined in subsection (c)(3)(A)) to
10 allow such possession to promptly dis-
11 tribute payments under subsection (c) to
12 its residents.
13 (B) EXCHANGE OF INFORMATION WITH
14 POSSESSIONS.—Any information provided to the

15 Secretary of the Treasury (or the Secretary’s
16 delegate) pursuant to subparagraph (A)(ii) may
17 be exchanged with a possession of the United
18 States in accordance with the applicable tax co-
19 ordination agreement for information exchange
20 and administrative assistance that the Internal
21 Revenue Service has agreed to with such pos-
22 session.
23 (e) PUBLIC AWARENESS CAMPAIGN.—The Secretary
24 of the Treasury (or the Secretary’s delegate) shall conduct
25 a public awareness campaign, in coordination with the
December 21, 2020 (9:35 a.m.)

71
1 Commissioner of Social Security and the heads of other
2 relevant Federal agencies, to provide information regard-
3 ing the availability of the credit and rebate allowed under
4 section 6428A of the Internal Revenue Code of 1986 (as
5 added by this section), including information with respect
6 to individuals who may not have filed a tax return for tax-
7 able year 2019.
8 (f) APPROPRIATIONS TO CARRY OUT REBATES AND
9 ADDRESS COVID-RELATED TAX ADMINISTRATION

10 ISSUES.—
11 (1) IN GENERAL.—Immediately upon the enact-
12 ment of this Act, the following sums are appro-
13 priated, out of any money in the Treasury not other-
14 wise appropriated, for the fiscal year ending Sep-
15 tember 30, 2021:
16 (A) DEPARTMENT OF THE TREASURY.—
17 (i) For an additional amount for ‘‘De-

18 partment of the Treasury—Internal Rev-
19 enue Service—Taxpayer Services’’,
20 $178,335,000, to remain available until
22 (ii) For an additional amount for
23 ‘‘Department of the Treasury—Internal
24 Revenue Service—Operations Support’’,
December 21, 2020 (9:35 a.m.)

72
1 $273,237,000, to remain available until
3 (iii) For an additional amount for
4 ‘‘Department of Treasury—Internal Rev-
5 enue Service—Enforcement’’, $57,428,000,
6 to remain available until September 30,
7 2021.
8 Amounts made available in appropriations
9 under this subparagraph may be transferred be-
10 tween such appropriations upon the advance no-
11 tification of the Committees on Appropriations
12 of the House of Representatives and the Sen-
13 ate. Such transfer authority is in addition to
14 any other transfer authority provided by law.
15 (B) SOCIAL SECURITY ADMINISTRATION.—
16 For an additional amount for ‘‘Social Security

17 Administration—Limitation on Administrative
18 Expenses’’, $38,000,000, to remain available
20 (C) RAILROAD RETIREMENT BOARD.—For
21 an additional amount for ‘‘Railroad Retirement

22 Board—Limitation on Administration’’, $8,300,
23 to remain available until September 30, 2021.
24 (2) REPORTS.—No later than 15 days after en-
25 actment of this Act, the Secretary of the Treasury
December 21, 2020 (9:35 a.m.)

73
1 shall submit a plan to the Committees on Appropria-
2 tions of the House of Representatives and the Sen-
3 ate detailing the expected use of the funds provided
4 by paragraph (1)(A). Beginning 90 days after enact-
5 ment of this Act, the Secretary of the Treasury shall
6 submit a quarterly report to the Committees on Ap-
7 propriations of the House of Representatives and the
8 Senate detailing the actual expenditure of funds pro-
9 vided by paragraph (1)(A) and the expected expendi-
10 ture of such funds in the subsequent quarter.
11 (g) CONFORMING AMENDMENTS.—
12 (1) Paragraph (2) of section 1324(b) of title
13 31, United States Code, is amended by inserting
14 ‘‘6428A,’’ after ‘‘6428,’’.
15 (2) The table of sections for subchapter B of
16 chapter 65 of subtitle F is amended by inserting
17 after the item relating to section 6428 the following:
‘‘Sec. 6428A. Additional 2020 recovery rebates for individuals.’’.
18 SEC. 273. AMENDMENTS TO RECOVERY REBATES UNDER
19 THE CARES ACT.
20 (a) AMENDMENTS TO SECTION 6428 OF THE INTER-
21 NAL REVENUE CODE OF 1986.—Section 6428 is amend-

22 ed—
23 (1) in subsection (c)(1), by inserting ‘‘or a sur-
24 viving spouse (as defined in section 2(a))’’ after
25 ‘‘joint return’’,
December 21, 2020 (9:35 a.m.)

74
1 (2) in subsection (f)—
2 (A) in paragraph (3)(A), by striking ‘‘sec-
3 tion’’ and inserting ‘‘subsection’’,
4 (B) in paragraph (4), by striking ‘‘section’’
5 and inserting ‘‘subsection’’, and
6 (C) by redesignating paragraph (6) as
7 paragraph (7) and by inserting after paragraph
8 (5) the following new paragraph:
9 ‘‘(6) PAYMENT TO REPRESENTATIVE PAYEES
10 AND FIDUCIARIES.—
11 ‘‘(A) IN GENERAL.—In the case of any in-

12 dividual for which payment information is pro-
13 vided to the Secretary by the Commissioner of
14 Social Security, the Railroad Retirement Board,
15 or the Secretary of Veterans Affairs, the pay-
16 ment by the Secretary under paragraph (3)
17 with respect to such individual may be made to
18 such individual’s representative payee or fidu-
19 ciary and the entire payment shall be—
20 ‘‘(i) provided to the individual who is
21 entitled to the payment, or
22 ‘‘(ii) used only for the benefit of the
23 individual who is entitled to the payment.
24 ‘‘(B) APPLICATION OF ENFORCEMENT
25 PROVISIONS.—
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75
1 ‘‘(i) In the case of a payment de-
2 scribed in subparagraph (A) which is made
3 with respect to a social security beneficiary
4 or a supplemental security income recipi-
5 ent, section 1129(a)(3) of the Social Secu-
6 rity Act (42 U.S.C. 1320a–8(a)(3)) shall
7 apply to such payment in the same manner
8 as such section applies to a payment under
9 title II or XVI of such Act.
10 ‘‘(ii) In the case of a payment de-
12 with respect to a railroad retirement bene-
13 ficiary, section 13 of the Railroad Retire-
14 ment Act (45 U.S.C. 231l) shall apply to
15 such payment in the same manner as such
16 section applies to a payment under such
17 Act.
18 ‘‘(iii) In the case of a payment de-
20 with respect to a veterans beneficiary, sec-
21 tions 5502, 6106, and 6108 of title 38,
22 United States Code, shall apply to such
23 payment in the same manner as such sec-
24 tions apply to a payment under such
25 title.’’, and
December 21, 2020 (9:35 a.m.)

76
1 (3) by striking subsection (g) and inserting the
2 following:
3 ‘‘(g) IDENTIFICATION NUMBER REQUIREMENT.—
4 ‘‘(1) REQUIREMENTS FOR CREDIT.—Subject to
5 paragraph (2), with respect to the credit allowed
6 under subsection (a), the following provisions shall
7 apply:
8 ‘‘(A) IN GENERAL.—In the case of a re-
9 turn other than a joint return, the $1,200
10 amount in subsection (a)(1) shall be treated as
11 being zero unless the taxpayer includes the
12 valid identification number of the taxpayer on
13 the return of tax for the taxable year.
14 ‘‘(B) JOINT RETURNS.—In the case of a
15 joint return, the $2,400 amount in subsection
16 (a)(1) shall be treated as being—
17 ‘‘(i) $1,200 if the valid identification
18 number of only 1 spouse is included on the
19 return of tax for the taxable year, and
20 ‘‘(ii) zero if the valid identification
21 number of neither spouse is so included.
22 ‘‘(C) QUALIFYING CHILD.—A qualifying
23 child of a taxpayer shall not be taken into ac-
24 count under subsection (a)(2) unless—
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77
1 ‘‘(i) the taxpayer includes the valid
2 identification number of such taxpayer (or,
3 in the case of a joint return, the valid iden-
4 tification number of at least 1 spouse) on
5 the return of tax for the taxable year, and
6 ‘‘(ii) the valid identification number of
7 such qualifying child is included on the re-
8 turn of tax for the taxable year.
9 ‘‘(2) REQUIREMENTS FOR ADVANCE RE-
10 FUNDS.—No refund shall be payable under sub-

11 section (f) to an eligible individual who does not in-
12 clude on the return of tax for the taxable year—
13 ‘‘(A) such individual’s valid identification
14 number,
15 ‘‘(B) in the case of a joint return, the valid
16 identification number of such individual’s
17 spouse, and
18 ‘‘(C) in the case of any qualifying child
19 taken into account under subsection (a)(2), the
20 valid identification number of such qualifying
21 child.
22 ‘‘(3) VALID IDENTIFICATION NUMBER.—
23 ‘‘(A) IN GENERAL.—For purposes of this

24 subsection, the term ‘valid identification num-
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78
1 ber’ means a social security number (as such
2 term is defined in section 24(h)(7)).
3 ‘‘(B) ADOPTION TAXPAYER IDENTIFICA-
4 TION NUMBER.—For purposes of paragraphs

5 (1)(C) and (2)(C), in the case of a qualifying
6 child who is adopted or placed for adoption, the
7 term ‘valid identification number’ shall include
8 the adoption taxpayer identification number of
9 such child.
10 ‘‘(4) SPECIAL RULE FOR MEMBERS OF THE
11 ARMED FORCES.—Paragraphs (1)(B) and (2)(B)

12 shall not apply in the case where at least 1 spouse
13 was a member of the Armed Forces of the United
14 States at any time during the taxable year and the
15 valid identification number of at least 1 spouse is in-
16 cluded on the return of tax for the taxable year.
17 ‘‘(5) MATHEMATICAL OR CLERICAL ERROR AU-
18 THORITY.—Any omission of a correct valid identi-

19 fication number required under this subsection shall
20 be treated as a mathematical or clerical error for
21 purposes of applying section 6213(g)(2) to such
22 omission.’’.
23 (b) AMENDMENTS TO SECTION 2201 OF THE CARES
24 ACT.—Section 2201 of the CARES Act is amended—
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79
1 (1) in subsection (d), by striking ‘‘Any credit or
2 refund allowed or made to any individual by reason
3 of section 6428 of the Internal Revenue Code of
4 1986 (as added by this section) or by reason of sub-
5 section (c) of this section’’ and inserting ‘‘Any re-
6 fund payable by reason of section 6428(f) of the In-
7 ternal Revenue Code of 1986 (as added by this sec-
8 tion), or any such refund payable by reason of sub-
9 section (c) of this section,’’, and
10 (2) in subsection (f)(1)(A)(i), by inserting after
11 ‘‘September 30, 2021’’ the following: ‘‘, of which up
12 to $63,000,000 may be transferred to the ‘‘Depart-
13 ment of the Treasury—Bureau of the Fiscal Serv-
14 ice—Debt Collection’’ for necessary expenses related
15 to the implementation and operation of Government-
16 wide debt collection activities pursuant to sections
17 3711(g), 3716, and 3720A of title 31, United States
18 Code, and subsections (c) through (f) of section
19 6402 of the Internal Revenue Code of 1986 to offset
20 the loss resulting from the coronavirus pandemic of
21 debt collection receipts collected pursuant to such
22 sections: Provided, That amounts transferred pursu-
23 ant to this clause shall be in addition to any other
24 funds made available for this purpose’’.
December 21, 2020 (9:35 a.m.)

80
3 of the CARES Act.
4 SEC. 274. EXTENSION OF CERTAIN DEFERRED PAYROLL
5 TAXES.
6 The Secretary of the Treasury (or the Secretary’s

7 delegate) shall ensure that Internal Revenue Service No-
8 tice 2020–65 (entitled ‘‘Relief with Respect to Employ-
9 ment Tax Deadlines Applicable to Employers Affected by
10 the Ongoing Coronavirus (COVID–19) Disease 2019 Pan-
11 demic’’) and any successor or related regulation, notice,
12 or guidance is applied—
13 (1) by substituting ‘‘December 31, 2021’’ for
14 ‘‘April 30, 2021’’ each place it appears therein, and
15 (2) by substituting ‘‘January 1, 2022’’ for
16 ‘‘May 1, 2021’’ each place it appears therein.
17 SEC. 275. REGULATIONS OR GUIDANCE CLARIFYING APPLI-
18 CATION OF EDUCATOR EXPENSE TAX DEDUC-
19 TION.
20 Not later than February 28, 2021, the Secretary of

21 the Treasury (or the Secretary’s delegate) shall by regula-
22 tion or other guidance clarify that personal protective
23 equipment, disinfectant, and other supplies used for the
24 prevention of the spread of COVID–19 are treated as de-
25 scribed in section 62(a)(2)(D)(ii) of the Internal Revenue
December 21, 2020 (9:35 a.m.)

81
1 Code of 1986. Such regulations or other guidance shall
2 apply to expenses paid or incurred after March 12, 2020.
3 SEC. 276. CLARIFICATION OF TAX TREATMENT OF FOR-
4 GIVENESS OF COVERED LOANS.
5 (a) ORIGINAL PAYCHECK PROTECTION PROGRAM

6 LOANS.—
7 (1) IN GENERAL.—Subsection (i) of section 7A
8 of the Small Business Act, as redesignated, trans-
9 ferred, and amended by the Economic Aid to Hard-
10 Hit Small Businesses, Nonprofits, and Venues Act,
11 is amended to read as follows:
12 ‘‘(i) TAX TREATMENT.—For purposes of the Internal
13 Revenue Code of 1986—
14 ‘‘(1) no amount shall be included in the gross
15 income of the eligible recipient by reason of forgive-
16 ness of indebtedness described in subsection (b),
17 ‘‘(2) no deduction shall be denied, no tax at-
18 tribute shall be reduced, and no basis increase shall
19 be denied, by reason of the exclusion from gross in-
20 come provided by paragraph (1), and
21 ‘‘(3) in the case of an eligible recipient that is
22 a partnership or S corporation—
23 ‘‘(A) any amount excluded from income by
24 reason of paragraph (1) shall be treated as tax
25 exempt income for purposes of sections 705 and
December 21, 2020 (9:35 a.m.)

82
1 1366 of the Internal Revenue Code of 1986,
2 and
3 ‘‘(B) except as provided by the Secretary
4 of the Treasury (or the Secretary’s delegate),
5 any increase in the adjusted basis of a partner’s
6 interest in a partnership under section 705 of
7 the Internal Revenue Code of 1986 with respect
8 to any amount described in subparagraph (A)
9 shall equal the partner’s distributive share of
10 deductions resulting from costs giving rise to
11 forgiveness described in subsection (b).’’.
13 by this subsection shall apply to taxable years end-
14 ing after the date of the enactment of the CARES
15 Act.
16 (b) SUBSEQUENT PAYCHECK PROTECTION PROGRAM
17 LOANS.—For purposes of the Internal Revenue Code of
18 1986, in the case of any taxable year ending after the date
19 of the enactment of this Act—
20 (1) no amount shall be included in the gross in-
21 come of an eligible entity (within the meaning of
22 subparagraph (J) of section 7(a)(37) of the Small
23 Business Act) by reason of forgiveness of indebted-
24 ness described in clause (ii) of such subparagraph,
December 21, 2020 (9:35 a.m.)

83
1 (2) no deduction shall be denied, no tax at-
5 (3) in the case of an eligible entity that is a
6 partnership or S corporation—
7 (A) any amount excluded from income by
11 and
12 (B) except as provided by the Secretary of
13 the Treasury (or the Secretary’s delegate), any
14 increase in the adjusted basis of a partner’s in-
15 terest in a partnership under section 705 of the
16 Internal Revenue Code of 1986 with respect to
17 any amount described in subparagraph (A)
20 the forgiveness of indebtedness referred to in
21 paragraph (1).
22 SEC. 277. EMERGENCY FINANCIAL AID GRANTS.
23 (a) IN GENERAL.—In the case of a student receiving

24 a qualified emergency financial aid grant—
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84
1 (1) such grant shall not be included in the
2 gross income of such individual for purposes of the
3 Internal Revenue Code of 1986, and
4 (2) such grant shall not be treated as described
5 in subparagraph (A), (B), or (C) of section
6 25A(g)(2) of such Code.
7 (b) DEFINITIONS.—For purposes of this subsection,
8 the term ‘‘qualified emergency financial aid grant’’
9 means—
10 (1) any emergency financial aid grant awarded
11 by an institution of higher education under section
12 3504 of the CARES Act,
13 (2) any emergency financial aid grant from an
14 institution of higher education made with funds
15 made available under section 18004 of the CARES
16 Act, and
17 (3) any other emergency financial aid grant
18 made to a student from a Federal agency, a State,
19 an Indian tribe, an institution of higher education,
20 or a scholarship-granting organization (including a
21 tribal organization, as defined in section 4 of the In-
22 dian Self-Determination and Education Assistance
23 Act (25 U.S.C.5304)) for the purpose of providing
24 financial relief to students enrolled at institutions of
25 higher education in response to a qualifying emer-
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85
1 gency (as defined in section 3502(a)(4) of the
2 CARES Act).
3 (c) LIMITATION.—This section shall not apply to that
4 portion of any amount received which represents payment
5 for teaching, research, or other services required as a con-
6 dition for receiving the qualified emergency financial aid
7 grant.
8 (d) EFFECTIVE DATE.—This section shall apply to
9 qualified emergency financial aid grants made after March
10 26, 2020.
11 SEC. 278. CLARIFICATION OF TAX TREATMENT OF CERTAIN
12 LOAN FORGIVENESS AND OTHER BUSINESS
13 FINANCIAL ASSISTANCE.
14 (a) UNITED STATES TREASURY PROGRAM MANAGE-

15 MENT AUTHORITY.—For purposes of the Internal Rev-
16 enue Code of 1986—
17 (1) no amount shall be included in the gross in-
18 come of a borrower by reason of forgiveness of in-
19 debtedness described in section 1109(d)(2)(D) of the
20 CARES Act,
December 21, 2020 (9:35 a.m.)

86
1 (3) in the case of a borrower that is a partner-
2 ship or S corporation—
7 and
16 forgiveness described in section 1109(d)(2)(D)
17 of the CARES Act.
18 (b) EMERGENCY EIDL GRANTS AND TARGETED
19 EIDL ADVANCES.—For purposes of the Internal Revenue
20 Code of 1986—
21 (1) any advance described in section 1110(e) of
22 the CARES Act or any funding under section 331
23 of the Economic Aid to Hard-Hit Small Businesses,
24 Nonprofits, and Venues Act shall not be included in
December 21, 2020 (9:35 a.m.)

87
1 the gross income of the person that receives such ad-
2 vance or funding,
7 (3) in the case of a partnership or S corpora-
8 tion that receives such advance or funding—
13 and
14 (B) the Secretary of the Treasury (or the
15 Secretary’s delegate) shall prescribe rules for
16 determining a partner’s distributive share of
17 any amount described in subparagraph (A) for
18 purposes of section 705 of the Internal Revenue
19 Code of 1986.
20 (c) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—For
21 purposes of the Internal Revenue Code of 1986—
22 (1) any payment described in section 1112(c) of
23 the CARES Act shall not be included in the gross
24 income of the person on whose behalf such payment
25 is made,
December 21, 2020 (9:35 a.m.)

88
6 tion on whose behalf of a payment described in sec-
7 tion 1112(c) of the CARES Act is made—
12 and
19 shall equal the sum of the partner’s distributive
20 share of deductions resulting from interest and
21 fees described in section 1112(c) of the CARES
22 Act and the partner’s share, as determined
23 under section 752 of the Internal Revenue Code
24 of 1986, of principal described in section
25 1112(c) of the CARES Act.
December 21, 2020 (9:35 a.m.)

89
1 (d) GRANTS FOR SHUTTERED VENUE OPERATORS.—
2 For purposes of the Internal Revenue Code of 1986—
3 (1) any grant made under section 324 of the
4 Economic Aid to Hard-Hit Small Businesses, Non-
5 profits, and Venues Act shall not be included in the
6 gross income of the person that receives such grant,
12 tion that receives such grant—
17 and
18 (B) the Secretary of the Treasury (or the
19 Secretary’s delegate) shall prescribe rules for
20 determining a partner’s distributive share of
21 any amount described in subparagraph (A) for
22 purposes of section 705 of the Internal Revenue
23 Code of 1986.
24 (e) EFFECTIVE DATES.—
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90
1 (1) IN GENERAL.—Except as otherwise pro-
2 vided in this subsection, subsections (a), (b), and (c)
3 shall apply to taxable years ending after the date of
4 the enactment of the CARES Act.
5 (2) GRANTS FOR SHUTTERED VENUE OPERA-
6 TORS; TARGETED EIDL ADVANCES.—Subsection (d),

7 and so much of subsection (b) as relates to funding
8 under section 331 of the Economic Aid to Hard-Hit
9 Small Businesses, Nonprofits, and Venues Act, shall
10 apply to taxable years ending after the date of the
12 SEC. 279. AUTHORITY TO WAIVE CERTAIN INFORMATION
13 REPORTING REQUIREMENTS.
14 The Secretary of the Treasury (or the Secretary’s

15 delegate) may provide an exception from any requirement
16 to file an information return otherwise required by chapter
17 61 of the Internal Revenue Code of 1986 with respect to
18 any amount excluded from gross income by reason of sec-
19 tion 7A(i) of the Small Business Act or section 276(b),
20 277, or 278 of this subtitle.
21 SEC. 280. APPLICATION OF SPECIAL RULES TO MONEY PUR-
22 CHASE PENSION PLANS.
23 (a) IN GENERAL.—Section 2202(a)(6)(B) of the

24 CARES Act is amended by inserting ‘‘, and, in the case
25 of a money purchase pension plan, a coronavirus-related
December 21, 2020 (9:35 a.m.)

91
1 distribution which is an in-service withdrawal shall be
2 treated as meeting the distribution rules of section 401(a)
3 of the Internal Revenue Code of 1986’’ before the period.
5 this section shall apply as if included in the enactment
6 of section 2202 of the CARES Act.
7 SEC. 281. ELECTION TO WAIVE APPLICATION OF CERTAIN
8 MODIFICATIONS TO FARMING LOSSES.
9 (a) IN GENERAL.—Section 2303 of the CARES Act

10 is amended by adding at the end the following new sub-
11 section:
12 ‘‘(e) SPECIAL RULES WITH RESPECT TO FARMING
13 LOSSES.—
14 ‘‘(1) ELECTION TO DISREGARD APPLICATION OF
15 AMENDMENTS MADE BY SUBSECTIONS (a) AND
16 (b).—
17 ‘‘(A) IN GENERAL.—If a taxpayer who has
18 a farming loss (within the meaning of section
19 172(b)(1)(B)(ii) of the Internal Revenue Code
20 of 1986) for any taxable year beginning in
21 2018, 2019, or 2020 makes an election under
22 this paragraph, then—
23 ‘‘(i) the amendments made by sub-
24 section (a) shall not apply to any taxable
December 21, 2020 (9:35 a.m.)

92
1 year beginning in 2018, 2019, or 2020,
2 and
3 ‘‘(ii) the amendments made by sub-
4 section (b) shall not apply to any net oper-
5 ating loss arising in any taxable year be-
6 ginning in 2018, 2019, or 2020.
7 ‘‘(B) ELECTION.—
8 ‘‘(i) IN GENERAL.—Except as pro-
9 vided in clause (ii)(II), an election under
10 this paragraph shall be made in such man-
11 ner as may be prescribed by the Secretary.
12 Such election, once made, shall be irrev-
13 ocable.
14 ‘‘(ii) TIME FOR MAKING ELECTION.—
15 ‘‘(I) IN GENERAL.—An election

16 under this paragraph shall be made
17 by the due date (including extensions
18 of time) for filing the taxpayer’s re-
19 turn for the taxpayer’s first taxable
20 year ending after the date of the en-
21 actment of the COVID-related Tax
22 Relief Act of 2020.
23 ‘‘(II) PREVIOUSLY FILED RE-
24 TURNS.—In the case of any taxable

25 year for which the taxpayer has filed
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93
1 a return of Federal income tax before
2 the date of the enactment of the
3 COVID-related Tax Relief Act of
4 2020 which disregards the amend-
5 ments made by subsections (a) and
6 (b), such taxpayer shall be treated as
7 having made an election under this
8 paragraph unless the taxpayer amends
9 such return to reflect such amend-
10 ments by the due date (including ex-
11 tensions of time) for filing the tax-
12 payer’s return for the first taxable
13 year ending after the date of the en-
14 actment of the COVID-related Tax
16 ‘‘(C) REGULATIONS.—The Secretary of the
17 Treasury (or the Secretary’s delegate) shall
18 issue such regulations and other guidance as
19 may be necessary to carry out the purposes of
20 this paragraph, including regulations and guid-
21 ance relating to the application of the rules of
22 section 172(a) of the Internal Revenue Code of
23 1986 (as in effect before the date of the enact-
24 ment of the CARES Act) to taxpayers making
25 an election under this paragraph.
December 21, 2020 (9:35 a.m.)

94
1 ‘‘(2) REVOCATION OF ELECTION TO WAIVE
2 CARRYBACK.—The last sentence of section 172(b)(3)

3 of the Internal Revenue Code of 1986 and the last
4 sentence of section 172(b)(1)(B) of such Code shall
5 not apply to any election—
6 ‘‘(A) which was made before the date of
7 the enactment of the COVID-related Tax Relief
8 Act of 2020, and
9 ‘‘(B) which relates to the carryback period
10 provided under section 172(b)(1)(B) of such
11 Code with respect to any net operating loss
12 arising in taxable years beginning in 2018 or
13 2019.’’.
16 of the CARES Act.
17 SEC. 282. OVERSIGHT AND AUDIT REPORTING.
18 Section 19010(a)(1) of the CARES Act is amended

19 by striking ‘‘and’’ at the end of subparagraph (F), by
20 striking ‘‘and’’ at the end of subparagraph (G), and by
21 adding at the end the following new subparagraphs:
22 ‘‘(H) the Committee on Finance of the
23 Senate; and
24 ‘‘(I) the Committee on Ways and Means of
25 the House of Representatives; and’’.
December 21, 2020 (9:35 a.m.)

95
1 SEC. 283. DISCLOSURES TO IDENTIFY TAX RECEIVABLES
2 NOT ELIGIBLE FOR COLLECTION PURSUANT
3 TO QUALIFIED TAX COLLECTION CON-
4 TRACTS.
5 (a) IN GENERAL.—Section 1106 of the Social Secu-

6 rity Act (42 U.S.C. 1306) is amended by adding at the
8 ‘‘(g) Notwithstanding any other provision of this sec-
9 tion, the Commissioner of Social Security shall enter into
10 an agreement with the Secretary of the Treasury under
11 which—
12 ‘‘(1) if the Secretary provides the Commissioner
13 with the information described in section
14 6103(k)(15) of the Internal Revenue Code of 1986
15 with respect to any individual, the Commissioner
16 shall indicate to the Secretary as to whether such in-
17 dividual receives disability insurance benefits under
18 section 223 or supplemental security income benefits
19 under title XVI (including State supplementary pay-
20 ments of the type referred to in section 1616(a) or
21 payments of the type described in section 212(a) of
22 Public Law 93–66);
23 ‘‘(2) appropriate safeguards are included to as-
24 sure that the indication described in paragraph (1)
25 will be used solely for the purpose of determining if
26 tax receivables involving such individual are not eli-
December 21, 2020 (9:35 a.m.)

96
1 gible for collection pursuant to a qualified tax collec-
2 tion contract by reason of section 6306(d)(3)(E) of
3 the Internal Revenue Code of 1986; and
4 ‘‘(3) the Secretary shall pay the Commissioner
5 of Social Security the full costs (including systems
6 and administrative costs) of providing the indication
7 described in paragraph (1).’’.
8 (b) AUTHORIZATION OF DISCLOSURE BY SECRETARY
9 OF THE TREASURY.—
10 (1) IN GENERAL.—Section 6103(k) is amended
11 by adding at the end the following new paragraph:
12 ‘‘(15) DISCLOSURES TO SOCIAL SECURITY AD-
13 MINISTRATION TO IDENTIFY TAX RECEIVABLES NOT
14 ELIGIBLE FOR COLLECTION PURSUANT TO QUALI-
15 FIED TAX COLLECTION CONTRACTS.—In the case of

16 any individual involved with a tax receivable which
17 the Secretary has identified for possible collection
18 pursuant to a qualified tax collection contract (as
19 defined in section 6306(b)), the Secretary may dis-
20 close the taxpayer identity and date of birth of such
21 individual to officers, employees, and contractors of
22 the Social Security Administration to determine if
23 such tax receivable is not eligible for collection pur-
24 suant to such a qualified tax collection contract by
25 reason of section 6306(d)(3)(E).’’.
December 21, 2020 (9:35 a.m.)

97
1 (2) CONFORMING AMENDMENTS RELATED TO
2 SAFEGUARDS.—
3 (A) Section 6103(a)(3) is amended by

4 striking ‘‘or (14)’’ and inserting ‘‘(14), or
5 (15)’’.
6 (B) Section 6103(p)(4) is amended—
7 (i) by striking ‘‘(k)(8), (10) or (11)’’
8 both places it appears and inserting
9 ‘‘(k)(8), (10), (11), or (15)’’, and
10 (ii) by striking ‘‘any other person de-
11 scribed in subsection (k)(10)’’ each place it
12 appears and inserting ‘‘any other person
13 described in subsection (k)(10) or (15)’’.
14 (C) Section 7213(a)(2) is amended by
15 striking ‘‘(k)(10), (13), or (14)’’ and inserting
16 ‘‘(k)(10), (13), (14), or (15)’’.
18 this section shall apply to disclosures made on or after
19 the date of the enactment of this Act.
20 SEC. 284. MODIFICATION OF CERTAIN PROTECTIONS FOR
21 TAXPAYER RETURN INFORMATION.
22 (a) AMENDMENTS TO THE INTERNAL REVENUE

23 CODE OF 1986.—
24 (1) IN GENERAL.—Subparagraph (D) of section
25 6103(l)(13) is amended—
December 21, 2020 (9:35 a.m.)

98
1 (A) by inserting at the end of clause (iii)
2 the following new sentence: ‘‘Under such terms
3 and conditions as may be prescribed by the Sec-
4 retary, after consultation with the Department
5 of Education, an institution of higher education
6 described in subclause (I) or a State higher
7 education agency described in subclause (II)
8 may designate a contractor of such institution
9 or state agency to receive return information on
10 behalf of such institution or state agency to ad-
11 minister aspects of the institution’s or state
12 agency’s activities for the application, award,
13 and administration of such financial aid.’’, and
15 ‘‘(iv) REDISCLOSURE TO OFFICE OF
16 INSPECTOR GENERAL, INDEPENDENT
17 AUDITORS, AND CONTRACTORS.—Any re-

18 turn information which is redisclosed
19 under clause (iii)—
20 ‘‘(I) may be further disclosed by
21 persons described in subclauses (I),
22 (II), or (III) of clause (iii) or persons
23 designated in the last sentence of
24 clause (iii) to the Office of Inspector
25 General of the Department of Edu-
December 21, 2020 (9:35 a.m.)

99
1 cation and independent auditors con-
2 ducting audits of such person’s ad-
3 ministration of the programs for
4 which the return information was re-
5 ceived, and
6 ‘‘(II) may be further disclosed by
7 persons described in subclauses (I),
8 (II), or (III) of clause (iii) to contrac-
9 tors of such entities,
10 but only to the extent necessary in car-
11 rying out the purposes described in such
12 clause (iii).
13 ‘‘(v) REDISCLOSURE TO FAMILY MEM-
14 BERS.—In addition to the purposes for

15 which information is disclosed and used
16 under subparagraphs (A) and (C), or re-
17 disclosed under clause (iii), any return in-
18 formation so disclosed or redisclosed may
19 be further disclosed to any individual cer-
20 tified by the Secretary of Education as
21 having provided approval under paragraph
22 (1) or (2) of section 494(a) of the Higher
23 Education Act of 1965, as the case may
24 be, for disclosure related to the income-
25 contingent or income-based repayment plan
December 21, 2020 (9:35 a.m.)

100
1 under subparagraph (A) or the eligibility
2 for, and amount of, Federal student finan-
3 cial aid described in subparagraph (C).
4 ‘‘(vi) REDISCLOSURE OF FAFSA IN-
5 FORMATION.—Return information received

6 under subparagraph (C) may be redis-
7 closed in accordance with subsection (c) of
8 section 494 of the Higher Education Act
9 of 1965 (as in effect on the date of enact-
10 ment of the COVID-related Tax Relief Act
11 of 2020) to carry out the purposes speci-
12 fied in such subsection.’’.
13 (2) CONFORMING AMENDMENT.—Subparagraph
14 (F) of section 6103(l)(13) is amended by inserting

15 ‘‘, and any redisclosure authorized under clause (iii),
16 (iv) (v), or (vi) of subparagraph (D),’’ after ‘‘ or
17 (C)’’.
18 (3) CONFIDENTIALITY OF RETURN INFORMA-
19 TION.—
20 (A) Section 6103(a)(3), as amended by

21 section 3516(a)(1) of the CARES Act, is
22 amended by striking ‘‘(13)(A), (13)(B),
23 (13)(C), (13)(D)(i),’’ and inserting ‘‘(13) (other
24 than subparagraphs (D)(v) and (D)(vi) there-
25 of),’’.
December 21, 2020 (9:35 a.m.)

101
1 (B) Section 6103(p)(3)(A), as amended by
2 section 3516(a)(2) of such Act, is amended by
3 striking ‘‘(13)(A), (13)(B), (13)(C),
4 (13)(D)(i),’’ and inserting ‘‘(13)(D)(iv),
5 (13)(D)(v), (13)(D)(vi)’’.
6 (4) EFFECTIVE DATE.—The amendments made
7 by this subsection shall apply to disclosures made
8 after the date of the enactment of the FUTURE Act
10 (b) AMENDMENTS TO THE HIGHER EDUCATION ACT
11 OF 1965.—
12 (1) IN GENERAL.—Section 494 of the Higher
13 Education Act of 1965 (20 U.S.C. 1098h(a)) is
14 amended—
15 (A) in subsection (a)(1)—
16 (i) in the matter preceding subpara-
17 graph (A), by inserting ‘‘, including return
18 information,’’ after ‘‘financial informa-
19 tion’’;
20 (ii) in subparagraph (A)—
21 (I) in clause (i)—
22 (aa) by striking ‘‘subpara-
23 graph (B), the’’ and inserting the
24 following: ‘‘subparagraph (B)—
25 ‘‘(I) the’’; and
December 21, 2020 (9:35 a.m.)

102
1 (bb) by adding at the end
2 the following:
3 ‘‘(II) the return information of
4 such individuals may be redisclosed
5 pursuant to clauses (iii), (iv), (v), and
6 (vi) of section 6103(l)(13)(D) of the
7 Internal Revenue Code of 1986, for
8 the relevant purposes described in
9 such section; and’’; and
10 (II) in clause (ii), by striking
11 ‘‘such disclosure’’ and inserting ‘‘the
12 disclosures described in subclauses (I)
13 and (II) of clause (i)’’; and
14 (iii) in subparagraph (B), by striking
15 ‘‘disclosure described in subparagraph
16 (A)(i)’’ and inserting ‘‘disclosures de-
17 scribed in subclauses (I) and (II) of sub-
18 paragraph (A)(i)’’;
19 (B) in subsection (a)(2)(A)(ii), by striking
20 ‘‘affirmatively approve the disclosure described
21 in paragraph (1)(A)(i) and agree that such ap-
22 proval shall serve as an ongoing approval of
23 such disclosure until the date on which the indi-
24 vidual elects to opt out of such disclosure’’ and
25 inserting ‘‘affirmatively approve the disclosures
December 21, 2020 (9:35 a.m.)

103
1 described in subclauses (I) and (II) of para-
2 graph (1)(A)(i), to the extent applicable, and
3 agree that such approval shall serve as an ongo-
4 ing approval of such disclosures until the date
5 on which the individual elects to opt out of such
6 disclosures’’; and
8 ‘‘(c) ACCESS TO FAFSA INFORMATION.—
9 ‘‘(1) REDISCLOSURE OF INFORMATION.—The
10 information in a complete, unredacted Student Aid

11 Report (including any return information disclosed
12 under section 6103(l)(13) of the Internal Revenue
13 Code of 1986 (26 U.S.C. 6103(l)(13))) with respect
14 to an application described in subsection (a)(1) of an
15 applicant for Federal student financial aid—
16 ‘‘(A) upon request for such information by
17 such applicant, shall be provided to such appli-
18 cant by—
19 ‘‘(i) the Secretary; or
20 ‘‘(ii) in a case in which the Secretary
21 has requested that institutions of higher
22 education carry out the requirements of
23 this subparagraph, an institution of higher
24 education that has received such informa-
25 tion; and
December 21, 2020 (9:35 a.m.)

104
1 ‘‘(B) with the written consent by the appli-
2 cant to an institution of higher education, may
3 be provided by such institution of higher edu-
4 cation as is necessary to a scholarship granting
5 organization (including a tribal organization
6 (defined in section 4 of the Indian Self-Deter-
7 mination and Education Assistance Act (25
8 U.S.C. 5304))), or to an organization assisting
9 the applicant in applying for and receiving Fed-
10 eral, State, local, or tribal assistance, that is
11 designated by the applicant to assist the appli-
12 cant in applying for and receiving financial as-
13 sistance for any component of the applicant’s
14 cost of attendance (defined in section 472) at
15 that institution.
16 ‘‘(2) DISCUSSION OF INFORMATION.—A discus-
17 sion of the information in an application described
18 in subsection (a)(1) (including any return informa-
19 tion disclosed under section 6103(l)(13) of the Inter-
20 nal Revenue Code of 1986 (26 U.S.C. 6103(l)(13))
21 of an applicant between an institution of higher edu-
22 cation and the applicant may, with the written con-
23 sent of the applicant, include an individual selected
24 by the applicant (such as an advisor) to participate
25 in such discussion.
December 21, 2020 (9:35 a.m.)

105
1 ‘‘(3) RESTRICTION ON DISCLOSING INFORMA-
2 TION.—A person receiving information under para-

3 graph (1)(B) or (2) with respect to an applicant
4 shall not use the information for any purpose other
5 than the express purpose for which consent was
6 granted by the applicant and shall not disclose such
7 information to any other person without the express
8 permission of, or request by, the applicant.
9 ‘‘(4) DEFINITIONS.—In this subsection:
10 ‘‘(A) STUDENT AID REPORT.—The term
11 ‘Student Aid Report’ has the meaning given the
12 term in section 668.2 of title 34, Code of Fed-
13 eral Regulations (or successor regulations).
14 ‘‘(B) WRITTEN CONSENT.—The term
15 ‘written consent’ means a separate, written doc-
16 ument that is signed and dated (which may in-
17 clude by electronic format) by an applicant,
18 which—
19 ‘‘(i) indicates that the information
20 being disclosed includes return information
21 disclosed under section 6103(l)(13) of the
22 Internal Revenue Code of 1986 (26 U.S.C.
23 6103(l)(13)) with respect to the applicant;
24 ‘‘(ii) states the purpose for which the
25 information is being disclosed; and
December 21, 2020 (9:35 a.m.)

106
1 ‘‘(iii) states that the information may
2 only be used for the specific purpose and
3 no other purposes.
4 ‘‘(5) RECORD KEEPING REQUIREMENT.—An in-
5 stitution of higher education shall—
6 ‘‘(A) keep a record of each written consent
7 made under this subsection for a period of at
8 least 3 years from the date of the student’s last
9 date of attendance at the institution; and
10 ‘‘(B) make each such record readily avail-
11 able for review by the Secretary.’’.
12 (2) CONFORMING AMENDMENT.—Section
13 494(a)(3) of the Higher Education Act of 1965 (20

14 U.S.C. 1098h(a)(3)) is amended by striking ‘‘para-
15 graph (1)(A)(i)’’ both places the term appears and
16 inserting ‘‘paragraph (1)(A)(i)(I)’’.
17 SEC. 285. 2020 ELECTION TO TERMINATE TRANSFER PE-
18 RIOD FOR QUALIFIED TRANSFERS FROM
19 PENSION PLAN FOR COVERING FUTURE RE-
20 TIREE COSTS.
21 (a) IN GENERAL.—Section 420(f) is amended by

22 adding at the end the following new paragraph:
23 ‘‘(7) ELECTION TO END TRANSFER PERIOD.—
24 ‘‘(A) IN GENERAL.—In the case of an em-

25 ployer maintaining a plan which has made a
December 21, 2020 (9:35 a.m.)

107
1 qualified future transfer under this subsection,
2 such employer may, not later than December
3 31, 2021, elect to terminate the transfer period
4 with respect to such transfer effective as of any
5 taxable year specified by the taxpayer that be-
6 gins after the date of such election.
7 ‘‘(B) AMOUNTS TRANSFERRED TO PLAN
8 ON TERMINATION.—Any assets transferred to a

9 health benefits account, or an applicable life in-
10 surance account, in a qualified future transfer
11 (and any income allocable thereto) which are
12 not used as of the effective date of the election
13 to terminate the transfer period with respect to
14 such transfer under subparagraph (A), shall be
15 transferred out of the account to the transferor
16 plan within a reasonable period of time. The
17 transfer required by this subparagraph shall be
18 treated as an employer reversion for purposes
19 of section 4980 (other than subsection (d)
20 thereof), unless before the end of the 5-year pe-
21 riod beginning after the original transfer period
22 an equivalent amount is transferred back to
23 such health benefits account, or applicable life
24 insurance account, as the case may be. Any
25 such transfer back pursuant to the preceding
December 21, 2020 (9:35 a.m.)

108
1 sentence may be made without regard to section
2 401(h)(1).
3 ‘‘(C) MINIMUM COST REQUIREMENTS CON-
4 TINUE.—The requirements of subsection (c)(3)

5 and paragraph (2)(D) shall apply with respect
6 to a qualified future transfer without regard to
7 any election under subparagraph (A) with re-
8 spect to such transfer.
9 ‘‘(D) MODIFIED MAINTENANCE OF FUND-
10 ED STATUS DURING ORIGINAL TRANSFER PE-
11 RIOD.—The requirements of paragraph (2)(B)

12 shall apply without regard to any such election,
13 and clause (i) thereof shall be applied by sub-
14 stituting ‘100 percent’ for ‘120 percent’ during
15 the original transfer period.
16 ‘‘(E) CONTINUED MAINTENANCE OF FUND-
17 ING STATUS AFTER ORIGINAL TRANSFER PE-
18 RIOD.—
19 ‘‘(i) IN GENERAL.—In the case of a

20 plan with respect to which there is an ex-
21 cess described in paragraph (2)(B)(ii) as of
22 the valuation date of the plan year in the
23 last year of the original transfer period,
24 paragraph (2)(B) shall apply for 5 years
25 after the original transfer period in the
December 21, 2020 (9:35 a.m.)

109
1 same manner as during a transfer period
2 by substituting the applicable percentage
3 for ‘120 percent’ in clause (i) thereof.
4 ‘‘(ii) APPLICABLE PERCENTAGE.—For
5 purposes of this subparagraph, the applica-

6 ble percentage shall be determined under
7 the following table:
‘‘For the valuation date of the The applicable percentage is:
plan 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
8 ‘‘(iii) EARLY TERMINATION OF CON-
9 TINUED MAINTENANCE PERIOD WHEN 120

10 PERCENT FUNDING REACHED.—If, as of
11 the valuation date of any plan year in the
12 first 4 years after the original transfer pe-
13 riod with respect to a qualified future
14 transfer, there would be no excess deter-
15 mined under this subparagraph were the
16 applicable percentage 120 percent, then
17 this subparagraph shall cease to apply with
18 respect to the plan.
19 ‘‘(F) ORIGINAL TRANSFER PERIOD.—For
20 purposes of this paragraph, the term ‘original

21 transfer period’ means the transfer period
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110
1 under this subsection with respect to a qualified
2 future transfer determined without regard to
3 the election under subparagraph (A).’’.
4 (b) EFFECTIVE DATE.—The amendments made by
5 this section shall apply to taxable years beginning after
6 December 31, 2019.
7 SEC. 286. EXTENSION OF CREDITS FOR PAID SICK AND
8 FAMILY LEAVE.
9 (a) IN GENERAL.—Sections 7001(g), 7002(e),

10 7003(g), and 7004(e) of the Families First Coronavirus
11 Response Act are each amended by striking ‘‘December
13 (b) COORDINATION WITH TERMINATION OF MAN-
14 DATE.—
15 (1) PAYROLL CREDIT FOR PAID SICK LEAVE.—
16 Section 7001(c) of the Families First Coronavirus

17 Response Act is amended by striking ‘‘paid by an
18 employer which’’ and all that follows and inserting
19 ‘‘paid by an employer—
20 ‘‘(1) which are required to be paid by reason of
21 the Emergency Paid Sick Leave Act, or
22 ‘‘(2) both—
23 ‘‘(A) which would be so required to be paid
24 if such Act were applied—
December 21, 2020 (9:35 a.m.)

111
1 ‘‘(i) by substituting ‘March 31, 2021’
2 for ‘December 31, 2020’ in section 5109
3 thereof, and
4 ‘‘(ii) without regard to section
5 5102(b)(3) thereof, and
6 ‘‘(B) with respect to which all require-
7 ments of such Act (other than subsections (a)
8 and (b) of section 5105 thereof, and determined
9 by substituting ‘To be compliant with section
10 5102, an employer may not’ for ‘It shall be un-
11 lawful for any employer to’ in section 5104
12 thereof) which would apply if so required are
13 satisfied.’’.
14 (2) CREDIT FOR SICK LEAVE OF SELF-EM-
15 PLOYED INDIVIDUALS.—Section 7002(b)(2) of the

16 Families First Coronavirus Response Act is amend-
17 ed to read as follows:
18 ‘‘(2) either—
19 ‘‘(A) would be entitled to receive paid leave
20 during the taxable year pursuant to the Emer-
21 gency Paid Sick Leave Act if the individual
22 were an employee of an employer (other than
23 himself or herself), or
24 ‘‘(B) would be so entitled if—
December 21, 2020 (9:35 a.m.)

112
1 ‘‘(i) such Act were applied by sub-
2 stituting ‘March 31, 2021’ for ‘December
3 31, 2020’ in section 5109 thereof, and
4 ‘‘(ii) the individual were an employee
5 of an employer (other than himself or her-
6 self).’’.
7 (3) PAYROLL CREDIT FOR PAID FAMILY
8 LEAVE.—Section 7003(c) of the Families First

9 Coronavirus Response Act is amended by striking
10 ‘‘paid by an employer which’’ and all that follows
11 and inserting ‘‘paid by an employer—
12 ‘‘(1) which are required to be paid by reason of
13 the Emergency Family and Medical Leave Expan-
14 sion Act (including the amendments made by such
15 Act), or
16 ‘‘(2) both—
17 ‘‘(A) which would be so required to be paid
18 if section 102(a)(1)(F) of the Family and Med-
19 ical Leave Act of 1993, as amended by the
20 Emergency Family and Medical Leave Expan-
21 sion Act, were applied by substituting ‘March
22 31, 2021’ for ‘December 31, 2020’, and
23 ‘‘(B) with respect to which all require-
24 ments of the Family and Medical Leave Act of
25 1993 (other than section 107 thereof, and de-
December 21, 2020 (9:35 a.m.)

113
1 termined by substituting ‘To be compliant with
2 section 102(a)(1)(F), an employer may not’ for
3 ‘It shall be unlawful for any employer to’ each
4 place it appears in subsection (a) of section 105
5 thereof, by substituting ‘made unlawful in this
6 title or described in this section’ for ‘made un-
7 lawful by this title’ in paragraph (2) of such
8 subsection, and by substituting ‘To be compli-
9 ant with section 102(a)(1)(F), an employer may
10 not’ for ‘It shall be unlawful for any person to’
11 in subsection (b) of such section) which relate
12 to such section 102(a)(1)(F), and which would
13 apply if so required, are satisfied.’’.
14 (4) CREDIT FOR FAMILY LEAVE OF SELF-EM-
15 PLOYED INDIVIDUALS.—Section 7004(b)(2) of the

16 Families First Coronavirus Response Act is amend-
17 ed to read as follows:
18 ‘‘(2) either—
19 ‘‘(A) would be entitled to receive paid leave
20 during the taxable year pursuant to the Emer-
21 gency Family and Medical Leave Expansion Act
22 if the individual were an employee of an em-
23 ployer (other than himself or herself), or
24 ‘‘(B) would be so entitled if—
December 21, 2020 (9:35 a.m.)

114
1 ‘‘(i) section 102(a)(1)(F) of the Fam-
2 ily and Medical Leave Act of 1993, as
3 amended by the Emergency Family and
4 Medical Leave Expansion Act, were applied
5 by substituting ‘March 31, 2021’ for ‘De-
6 cember 31, 2020’, and
7 ‘‘(ii) the individual were an employee
8 of an employer (other than himself or her-
9 self).’’.
10 (5) COORDINATION WITH CERTAIN EMPLOY-
11 MENT TAXES.—Section 7005(a) of the Families

12 First Coronavirus Response Act is amended by in-
13 serting ‘‘(or, in the case of wages paid after Decem-
14 ber 31, 2020, and before April 1, 2021, with respect
15 to which a credit is allowed under section 7001 or
16 7003)’’ before ‘‘shall not be considered’’.
18 this section shall take effect as if included in the provisions
19 of the Families First Coronavirus Response Act to which
20 they relate.
December 21, 2020 (9:35 a.m.)

115
1 SEC. 287. ELECTION TO USE PRIOR YEAR NET EARNINGS
2 FROM SELF-EMPLOYMENT IN DETERMINING
3 AVERAGE DAILY SELF-EMPLOYMENT INCOME
4 FOR PURPOSES OF CREDITS FOR PAID SICK
5 AND FAMILY LEAVE.
6 (a) CREDIT FOR SICK LEAVE.—Section 7002(c) of

7 the Families First Coronavirus Response Act is amended
8 by adding at the end the following new paragraph:
9 ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN-
10 INGS FROM SELF-EMPLOYMENT INCOME.—In the

11 case of an individual who elects (at such time and
12 in such manner as the Secretary, or the Secretary’s
13 delegate, may provide) the application of this para-
14 graph, paragraph (2)(A) shall be applied by sub-
15 stituting ‘the prior taxable year’ for ‘the taxable
16 year’.’’.
17 (b) CREDIT FOR FAMILY LEAVE.—Section 7004(c)
18 of the Families First Coronavirus Response Act is amend-
19 ed by adding at the end the following new paragraph:
20 ‘‘(4) ELECTION TO USE PRIOR YEAR NET EARN-
21 INGS FROM SELF-EMPLOYMENT INCOME.—In the

22 case of an individual who elects (at such time and
23 in such manner as the Secretary, or the Secretary’s
24 delegate, may provide) the application of this para-
25 graph, paragraph (2)(A) shall be applied by sub-
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116
1 stituting ‘the prior taxable year’ for ‘the taxable
2 year’.’’.
6 they relate.
7 SEC. 288. CERTAIN TECHNICAL IMPROVEMENTS TO CRED-
8 ITS FOR PAID SICK AND FAMILY LEAVE.
9 (a) COORDINATION WITH APPLICATION OF CERTAIN

10 DEFINITIONS.—
11 (1) IN GENERAL.—Sections 7001(c) and
12 7003(c) of the Families First Coronavirus Response
13 Act are each amended—
14 (A) by inserting ‘‘, determined without re-
15 gard to paragraphs (1) through (22) of section
16 3121(b) of such Code’’ after ‘‘as defined in sec-
17 tion 3121(a) of the Internal Revenue Code of
18 1986’’, and
19 (B) by inserting ‘‘, determined without re-
20 gard to the sentence in paragraph (1) thereof
21 which begins ‘Such term does not include remu-
22 neration’ ’’ after ‘‘as defined in section 3231(e)
23 of the Internal Revenue Code’’.
24 (2) CONFORMING AMENDMENTS.—Sections
25 7001(e)(3) and 7003(e)(3) of the Families First
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117
1 Coronavirus Response Act are each amended by
2 striking ‘‘Any term’’ and inserting ‘‘Except as other-
3 wise provided in this section, any term’’.
4 (b) COORDINATION WITH EXCLUSION FROM EM-
5 PLOYMENT TAXES.—Sections 7001(c) and 7003(c) of the
6 Families First Coronavirus Response Act, as amended by
7 subsection (a), are each amended—
8 (1) by inserting ‘‘and section 7005(a) of this
9 Act,’’ after ‘‘determined without regard to para-
10 graphs (1) through (22) of section 3121(b) of such
11 Code’’, and
12 (2) by inserting ‘‘and without regard to section
13 7005(a) of this Act’’ after ‘‘which begins ‘Such term
14 does not include remuneration’ ’’.
15 (c) CLARIFICATION OF APPLICABLE RAILROAD RE-
16 TIREMENT TAX FOR PAID LEAVE CREDITS.—Sections
17 7001(e) and 7003(e) of the Families First Coronavirus
18 Response Act, as amended by the preceding provisions of
19 this Act, are each amended by adding at the end the fol-
20 lowing new paragraph:
21 ‘‘(4) REFERENCES TO RAILROAD RETIREMENT
22 TAX.—Any reference in this section to the tax im-

23 posed by section 3221(a) of the Internal Revenue
24 Code of 1986 shall be treated as a reference to so
December 21, 2020 (9:35 a.m.)

118
1 much of such tax as is attributable to the rate in ef-
2 fect under section 3111(a) of such Code.’’.
3 (d) CLARIFICATION OF TREATMENT OF PAID LEAVE
4 FOR APPLICABLE RAILROAD RETIREMENT TAX.—Section
5 7005(a) of the Families First Coronavirus Response Act
6 is amended by adding the following sentence at the end
7 of such subsection: ‘‘Any reference in this subsection to
8 the tax imposed by section 3221(a) of such Code shall be
9 treated as a reference to so much of the tax as is attrib-
10 utable to the rate in effect under section 3111(a) of such
11 Code.’’.
12 (e) CLARIFICATION OF APPLICABLE RAILROAD RE-
13 TIREMENT TAX FOR HOSPITAL INSURANCE TAX CRED-
14 IT.—Section 7005(b)(1) of the Families First Coronavirus
15 Response Act is amended to read as follows:
16 ‘‘(1) IN GENERAL.—The credit allowed by sec-
17 tion 7001 and the credit allowed by section 7003
18 shall each be increased by the amount of the tax im-
19 posed by section 3111(b) of the Internal Revenue
20 Code of 1986 and so much of the taxes imposed
21 under section 3221(a) of such Code as are attrib-
22 utable to the rate in effect under section 3111(b) of
23 such Code on qualified sick leave wages, or qualified
24 family leave wages, for which credit is allowed under
25 such section 7001 or 7003 (respectively).’’.
December 21, 2020 (9:35 a.m.)

119
1 (f) EFFECTIVE DATE.—The amendments made by
4 they relate.
5 TITLE III—CONTINUING THE
6 PAYCHECK PROTECTION
7 PROGRAM AND OTHER SMALL
8 BUSINESS SUPPORT
10 This title may be cited as the ‘‘Economic Aid to

11 Hard-Hit Small Businesses, Nonprofits, and Venues Act’’.
12 SEC. 302. DEFINITIONS.
13 In this Act:
14 (1) ADMINISTRATION; ADMINISTRATOR.—The
15 terms ‘‘Administration’’ and ‘‘Administrator’’ mean

16 the Small Business Administration and the Adminis-
17 trator thereof, respectively.
18 (2) SMALL BUSINESS CONCERN.—The term
19 ‘‘small business concern’’ has the meaning given the
20 term in section 3 of the Small Business Act (15
21 U.S.C. 632).
22 SEC. 303. EMERGENCY RULEMAKING AUTHORITY.
23 Not later than 10 days after the date of enactment

24 of this Act, the Administrator shall issue regulations to
25 carry out this Act and the amendments made by this Act
December 21, 2020 (9:35 a.m.)

120
1 without regard to the notice requirements under section
2 553(b) of title 5, United States Code.
3 SEC. 304. ADDITIONAL ELIGIBLE EXPENSES.
4 (a) ALLOWABLE USE OF PPP LOAN.—Section

5 7(a)(36)(F)(i) of the Small Business Act (15 U.S.C.
6 636(a)(36)(F)(i)) is amended—
7 (1) in subclause (VI), by striking ‘‘and’’ at the
8 end;
9 (2) in subclause (VII), by striking the period at
10 the end and inserting a semicolon; and
12 ‘‘(VIII) covered operations ex-
13 penditures, as defined in section
14 7A(a);
15 ‘‘(IX) covered property damage
16 costs, as defined in section 7A(a);
17 ‘‘(X) covered supplier costs, as
18 defined in section 7A(a); and
19 ‘‘(XI) covered worker protection
20 expenditures, as defined in section
21 7A(a).’’.
22 (b) LOAN FORGIVENESS.—
23 (1) TRANSFER OF SECTION TO SMALL BUSI-
24 NESS ACT.—
December 21, 2020 (9:35 a.m.)

121
1 (A) IN GENERAL.—Section 1106 of the
2 CARES Act (15 U.S.C. 9005) is redesignated
3 as section 7A, transferred to the Small Busi-
4 ness Act (15 U.S.C. 631 et seq.), and inserted
5 so as to appear after section 7 of the Small
6 Business Act (15 U.S.C. 636).
7 (B) CONFORMING AMENDMENTS TO
8 TRANSFERRED SECTION.—Section 7A of the

9 Small Business Act, as redesignated and trans-
10 ferred by subparagraph (A) of this paragraph,
11 is amended—
12 (i) in subsection (a)(1), by striking
13 ‘‘under paragraph (36) of section 7(a) of
14 the Small Business Act (15 U.S.C.
15 636(a)), as added by section 1102’’ and in-
16 serting ‘‘under section 7(a)(36)’’; and
17 (ii) in subsection (c), by striking ‘‘of
19 636(a))’’ each place it appears.
20 (C) OTHER CONFORMING AMENDMENTS.—
21 (i) Section 1109(d)(2)(D) of the

22 CARES Act (15 U.S.C. 9008(d)(2)(D)) is
23 amended by striking ‘‘section 1106 of this
24 Act’’ and inserting ‘‘section 7A of the
25 Small Business Act’’.
December 21, 2020 (9:35 a.m.)

122
1 (ii) Section 7(a)(36) of the Small
2 Business Act (15 U.S.C. 636(a)(36)) is
3 amended—
4 (I) in subparagraph (K), by
5 striking ‘‘section 1106 of the CARES
6 Act’’ and inserting ‘‘section 7A’’; and
7 (II) in subparagraph (M)—
8 (aa) by striking ‘‘section
9 1106 of the CARES Act’’ each
10 place it appears and inserting
11 ‘‘section 7A’’; and
12 (bb) in clause (v), by strik-
13 ing ‘‘section 1106(a) of the
14 CARES Act’’ and inserting ‘‘sec-
15 tion 7A(a)’’.
16 (2) ADDITIONAL ELIGIBLE EXPENSES.—Section
17 7A of the Small Business Act, as redesignated and

18 transferred by paragraph (1) of this subsection, is
19 amended—
20 (A) in subsection (a)—
21 (i) by redesignating paragraphs (6),
22 (7), and (8) as paragraphs (10), (11), and
23 (12), respectively;
24 (ii) by redesignating paragraph (5) as
25 paragraph (8);
December 21, 2020 (9:35 a.m.)

123
1 (iii) by redesignating paragraph (4) as
2 paragraph (6);
3 (iv) by redesignating paragraph (3) as
4 paragraph (4);
5 (v) by inserting after paragraph (2)
6 the following:
7 ‘‘(3) the term ‘covered operations expenditure’
8 means a payment for any business software or cloud
9 computing service that facilitates business oper-
10 ations, product or service delivery, the processing,
11 payment, or tracking of payroll expenses, human re-
12 sources, sales and billing functions, or accounting or
13 tracking of supplies, inventory, records and ex-
14 penses;’’;
15 (vi) by inserting after paragraph (4),
16 as so redesignated, the following:
17 ‘‘(5) the term ‘covered property damage cost’
18 means a cost related to property damage and van-
19 dalism or looting due to public disturbances that oc-
20 curred during 2020 that was not covered by insur-
21 ance or other compensation;’’;
22 (vii) by inserting after paragraph (6),
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124
1 ‘‘(7) the term ‘covered supplier cost’ means an
2 expenditure made by an entity to a supplier of goods
3 for the supply of goods that—
4 ‘‘(A) are essential to the operations of the
5 entity at the time at which the expenditure is
6 made; and
7 ‘‘(B) is made pursuant to a contract,
8 order, or purchase order—
9 ‘‘(i) in effect at any time before the
10 covered period with respect to the applica-
11 ble covered loan; or
12 ‘‘(ii) with respect to perishable goods,
13 in effect before or at any time during the
14 covered period with respect to the applica-
15 ble covered loan;’’;
16 (viii) by inserting after paragraph (8),
18 ‘‘(9) the term ‘covered worker protection ex-
19 penditure’—
20 ‘‘(A) means an operating or a capital ex-
21 penditure to facilitate the adaptation of the
22 business activities of an entity to comply with
23 requirements established or guidance issued by
24 the Department of Health and Human Services,
25 the Centers for Disease Control, or the Occupa-
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125
1 tional Safety and Health Administration, or any
2 equivalent requirements established or guidance
3 issued by a State or local government, during
4 the period beginning on March 1, 2020 and
5 ending the date on which the national emer-
6 gency declared by the President under the Na-
7 tional Emergencies Act (50 U.S.C. 1601 et
8 seq.) with respect to the Coronavirus Disease
9 2019 (COVID–19) expires related to the main-
10 tenance of standards for sanitation, social
11 distancing, or any other worker or customer
12 safety requirement related to COVID–19;
13 ‘‘(B) may include—
14 ‘‘(i) the purchase, maintenance, or
15 renovation of assets that create or ex-
16 pand—
17 ‘‘(I) a drive-through window fa-
18 cility;
19 ‘‘(II) an indoor, outdoor, or com-
20 bined air or air pressure ventilation or
21 filtration system;
22 ‘‘(III) a physical barrier such as
23 a sneeze guard;
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126
1 ‘‘(IV) an expansion of additional
2 indoor, outdoor, or combined business
3 space;
4 ‘‘(V) an onsite or offsite health
5 screening capability; or
6 ‘‘(VI) other assets relating to the
7 compliance with the requirements or
8 guidance described in subparagraph
9 (A), as determined by the Adminis-
10 trator in consultation with the Sec-
11 retary of Health and Human Services
12 and the Secretary of Labor; and
13 ‘‘(ii) the purchase of—
14 ‘‘(I) covered materials described
15 in section 328.103(a) of title 44, Code
16 of Federal Regulations, or any suc-
17 cessor regulation;
18 ‘‘(II) particulate filtering face-
19 piece respirators approved by the Na-
20 tional Institute for Occupational Safe-
21 ty and Health, including those ap-
22 proved only for emergency use author-
23 ization; or
24 ‘‘(III) other kinds of personal
25 protective equipment, as determined
December 21, 2020 (9:35 a.m.)

127
1 by the Administrator in consultation
2 with the Secretary of Health and
3 Human Services and the Secretary of
4 Labor; and
5 ‘‘(C) does not include residential real prop-
6 erty or intangible property;’’; and
7 (ix) in paragraph (11), as so redesig-
8 nated—
9 (I) in subparagraph (C), by strik-
10 ing ‘‘and’’ at the end;
11 (II) in subparagraph (D), by
12 striking ‘‘and’’ at the end; and
13 (III) by adding at the end the
14 following:
15 ‘‘(E) covered operations expenditures;
16 ‘‘(F) covered property damage costs;
17 ‘‘(G) covered supplier costs; and
18 ‘‘(H) covered worker protection expendi-
19 tures; and’’;
20 (B) in subsection (b), by adding at the end
21 the following:
22 ‘‘(5) Any covered operations expenditure.
23 ‘‘(6) Any covered property damage cost.
24 ‘‘(7) Any covered supplier cost.
December 21, 2020 (9:35 a.m.)

128
1 ‘‘(8) Any covered worker protection expendi-
2 ture.’’;
3 (C) in subsection (d)(8), by inserting ‘‘any
4 payment on any covered operations expenditure,
5 any payment on any covered property damage
6 cost, any payment on any covered supplier cost,
7 any payment on any covered worker protection
8 expenditure,’’ after ‘‘rent obligation,’’; and
9 (D) in subsection (e)—
10 (i) in paragraph (2)—
11 (I) by inserting ‘‘purchase orders,
12 orders, invoices,’’ before ‘‘or other
13 documents’’; and
14 (II) by striking ‘‘covered lease
15 obligations,’’ and inserting ‘‘covered
16 rent obligations, payments on covered
17 operations expenditures, payments on
18 covered property damage costs, pay-
19 ments on covered supplier costs, pay-
20 ments on covered worker protection
21 expenditures,’’; and
22 (ii) in paragraph (3)(B), by inserting
23 ‘‘make payments on covered operations ex-
24 penditures, make payments on covered
25 property damage costs, make payments on
December 21, 2020 (9:35 a.m.)

129
1 covered supplier costs, make payments on
2 covered worker protection expenditures,’’
3 after ‘‘rent obligation,’’.
4 (c) EFFECTIVE DATE; APPLICABILITY.—
6 graph (2), the amendments made by subsections (a)
7 and (b) shall be effective as if included in the
8 CARES Act (Public Law 116–136; 134 Stat. 281)
9 and shall apply to any loan made pursuant to sec-
10 tion 7(a)(36) of the Small Business Act (15 U.S.C.
11 636(a)(36)) before, on, or after the date of enact-
12 ment of this Act, including forgiveness of such a
13 loan.
14 (2) EXCLUSION OF LOANS ALREADY FOR-
15 GIVEN.—The amendments made by subsections (a)

16 and (b) shall not apply to a loan made pursuant to
17 section 7(a)(36) of the Small Business Act (15
18 U.S.C. 636(a)(36)) for which the borrower received
19 forgiveness before the date of enactment of this Act
20 under section 1106 of the CARES Act, as in effect
21 on the day before such date of enactment.
22 SEC. 305. HOLD HARMLESS.
23 (a) IN GENERAL.—Subsection (h) of section 7A of

24 the Small Business Act, as redesignated and transferred
25 by section 304 of this Act, is amended to read as follows:
December 21, 2020 (9:35 a.m.)

130
1 ‘‘(h) HOLD HARMLESS.—
2 ‘‘(1) DEFINITION.—In this subsection, the term
3 ‘initial or second draw PPP loan’ means a covered
4 loan or a loan under paragraph (37) of section 7(a).
5 ‘‘(2) RELIANCE.—A lender may rely on any cer-
6 tification or documentation submitted by an appli-
7 cant for an initial or second draw PPP loan or an
8 eligible recipient or eligible entity receiving initial or
9 second draw PPP loan that—
10 ‘‘(A) is submitted pursuant to all applica-
11 ble statutory requirements, regulations, and
12 guidance related to initial or second draw PPP
13 loan, including under paragraph (36) or (37) of
14 section 7(a) and under this section; and
15 ‘‘(B) attests that the applicant, eligible re-
16 cipient, or eligible entity, as applicable, has ac-
17 curately provided the certification or docu-
18 mentation to the lender in accordance with the
19 statutory requirements, regulations, and guid-
20 ance described in subparagraph (A).
21 ‘‘(3) NO ENFORCEMENT ACTION.—With respect
22 to a lender that relies on a certification or docu-
23 mentation described in paragraph (2) related to an
24 initial or second draw PPP loan, an enforcement ac-
25 tion may not be taken against the lender, and the
December 21, 2020 (9:35 a.m.)

131
1 lender shall not be subject to any penalties relating
2 to loan origination or forgiveness of the initial or
3 second draw PPP loan, if—
4 ‘‘(A) the lender acts in good faith relating
5 to loan origination or forgiveness of the initial
6 or second draw PPP loan based on that reli-
7 ance; and
8 ‘‘(B) all other relevant Federal, State,
9 local, and other statutory and regulatory re-
10 quirements applicable to the lender are satisfied
11 with respect to the initial or second draw PPP
12 loan.’’.
13 (b) EFFECTIVE DATE; APPLICABILITY.—The amend-
14 ment made by subsection (a) shall be effective as if in-
15 cluded in the CARES Act (Public Law 116–136; 134 Stat.
16 281) and shall apply to any loan made pursuant to section
17 7(a)(36) of the Small Business Act (15 U.S.C.
18 636(a)(36)) before, on, or after the date of enactment of
19 this Act, including forgiveness of such a loan.
20 SEC. 306. SELECTION OF COVERED PERIOD FOR FORGIVE-
21 NESS.
22 Section 7A of the Small Business Act, as redesig-

23 nated and transferred by section 304 of this Act, is
24 amended—
25
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132
1 (A) by amending paragraph (4) of sub-
2 section (a), as so redesignated by section 304(b)
3 of this Act, to read as follows:
4 ‘‘(4) the term ‘covered period’ means the pe-
5 riod—
6 ‘‘(A) beginning on the date of the origina-
7 tion of a covered loan; and
8 ‘‘(B) ending on a date selected by the eligi-
9 ble recipient of the covered loan that occurs
10 during the period—
11 ‘‘(i) beginning on the date that is 8
12 weeks after such date of origination; and
13 ‘‘(ii) ending on the date that is 24
14 weeks after such date of origination;’’; and
15 (1) by striking subsection (l).
16 SEC. 307. SIMPLIFIED FORGIVENESS APPLICATION.
17 (a) IN GENERAL.—Section 7A of the Small Business

18 Act, as redesignated and transferred by section 304 of this
19 Act, and as amended by section 306 of this Act, is amend-
20 ed—
21 (1) in subsection (e), in the matter preceding
22 paragraph (1), by striking ‘‘An eligible’’ and insert-
23 ing ‘‘Except as provided in subsection (l), an eligi-
24 ble’’;
December 21, 2020 (9:35 a.m.)

133
1 (2) in subsection (f), by inserting ‘‘or the cer-
2 tification required under subsection (l), as applica-
3 ble’’ after ‘‘subsection (e)’’; and
5 ‘‘(l) SIMPLIFIED APPLICATION.—
6 ‘‘(1) COVERED LOANS UP TO $150,000.—
7 ‘‘(A) IN GENERAL .—With respect to a

8 covered loan made to an eligible recipient that
9 is not more than $150,000, the covered loan
10 amount shall be forgiven under this section if
11 the eligible recipient—
12 ‘‘(i) signs and submits to the lender a
13 certification, to be established by the Ad-
14 ministrator not later than 24 days after
15 the date of enactment of the Economic Aid
16 to Hard-Hit Small Businesses, Nonprofits,
17 and Venues Act, which—
18 ‘‘(I) shall be not more than 1
19 page in length; and
20 ‘‘(II) shall only require the eligi-
21 ble recipient to provide—
22 ‘‘(aa) a description of the
23 number of employees the eligible
24 recipient was able to retain be-
25 cause of the covered loan;
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134
1 ‘‘(bb) the estimated amount
2 of the covered loan amount spent
3 by the eligible recipient on pay-
4 roll costs; and
5 ‘‘(cc) the total loan value;
6 ‘‘(ii) attests that the eligible recipient
7 has—
8 ‘‘(I) accurately provided the re-
9 quired certification; and
10 ‘‘(II) complied with the require-
11 ments under section 7(a)(36); and
12 ‘‘(iii) retains records relevant to the
13 form that prove compliance with such re-
14 quirements—
15 ‘‘(I) with respect to employment
16 records, for the 4-year period fol-
17 lowing submission of the form; and
18 ‘‘(II) with respect to other
19 records, for the 3-year period fol-
20 lowing submission of the form.
21 ‘‘(B) LIMITATION ON REQUIRING ADDI-
22 TIONAL MATERIALS.—An eligible recipient of a

23 covered loan that is not more than $150,000
24 shall not, at the time of the application for for-
25 giveness, be required to submit any application
December 21, 2020 (9:35 a.m.)

135
1 or documentation in addition to the certification
2 and information required to substantiate for-
3 giveness.
4 ‘‘(C) RECORDS FOR OTHER REQUIRE-
5 MENTS.—Nothing in subparagraph (A) or (B)

6 shall be construed to exempt an eligible recipi-
7 ent from having to provide documentation inde-
8 pendently to a lender to satisfy relevant Fed-
9 eral, State, local, or other statutory or regu-
10 latory requirements, or in connection with an
11 audit as authorized under subparagraph (E).
12 ‘‘(D) DEMOGRAPHIC INFORMATION.—The
13 certification established by the Administrator

14 under subparagraph (A) shall include a means
15 by which an eligible recipient may, at the dis-
16 cretion of the eligible recipient, submit demo-
17 graphic information of the owner of the eligible
18 recipient, including the sex, race, ethnicity, and
19 veteran status of the owner.
20 ‘‘(E) AUDIT AUTHORITY.—The Adminis-
21 trator may—
22 ‘‘(i) review and audit covered loans
23 described in subparagraph (A);
24 ‘‘(ii) access any records described in
25 subparagraph (A)(iii); and
December 21, 2020 (9:35 a.m.)

136
1 ‘‘(iii) in the case of fraud, ineligibility,
2 or other material noncompliance with ap-
3 plicable loan or loan forgiveness require-
4 ments, modify—
5 ‘‘(I) the amount of a covered loan
6 described in subparagraph (A); or
7 ‘‘(II) the loan forgiveness amount
8 with respect to a covered loan de-
9 scribed in subparagraph (A).
10 ‘‘(2) COVERED LOANS OF MORE THAN
11 $150,000.—
12 ‘‘(A) IN GENERAL.—With respect to a cov-

13 ered loan in an amount that is more than
14 $150,000, the eligible recipient shall submit to
15 the lender that is servicing the covered loan the
16 documentation described in subsection (e).
17 ‘‘(B) DEMOGRAPHIC INFORMATION.—The
18 process for submitting the documentation de-

19 scribed in subsection (e) shall include a means
20 by which an eligible recipient may, at the dis-
21 cretion of the eligible recipient, submit demo-
22 graphic information of the owner of the eligible
23 recipient, including the sex, race, ethnicity, and
24 veteran status of the owner.
25 ‘‘(3) FORGIVENESS AUDIT PLAN.—
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137
1 ‘‘(A) IN GENERAL.—Not later than 45
2 days after the date of enactment of the Eco-
3 nomic Aid to Hard-Hit Small Businesses, Non-
4 profits, and Venues Act, the Administrator shall
5 submit to the Committee on Small Business
6 and Entrepreneurship of the Senate and the
7 Committee on Small Business of the House of
8 Representatives an audit plan that details—
9 ‘‘(i) the policies and procedures of the
10 Administrator for conducting forgiveness
11 reviews and audits of covered loans; and
12 ‘‘(ii) the metrics that the Adminis-
13 trator shall use to determine which covered
14 loans will be audited.
15 ‘‘(B) REPORTS.—Not later than 30 days
16 after the date on which the Administrator sub-
17 mits the audit plan required under subpara-
18 graph (A), and each month thereafter, the Ad-
19 ministrator shall submit to the Committee on
20 Small Business and Entrepreneurship of the
21 Senate and the Committee on Small Business
22 of the House of Representatives a report on the
23 forgiveness review and audit activities of the
24 Administrator under this subsection, which
25 shall include—
December 21, 2020 (9:35 a.m.)

138
1 ‘‘(i) the number of active reviews and
2 audits;
3 ‘‘(ii) the number of reviews and audits
4 that have been ongoing for more than 60
5 days; and
6 ‘‘(iii) any substantial changes made to
7 the audit plan submitted under subpara-
8 graph (A).’’.
10 ments made by subsection (a) shall be effective as if in-
16 SEC. 308. SPECIFIC GROUP INSURANCE PAYMENTS AS PAY-
17 ROLL COSTS.
18 (a) IN GENERAL.—Section
19 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Business Act
20 (15 U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by
21 inserting ‘‘or group life, disability, vision, or dental insur-
22 ance’’ before ‘‘benefits’’.
December 21, 2020 (9:35 a.m.)

139
5 SEC. 309. DEMOGRAPHIC INFORMATION.
6 On and after the date of enactment of this Act, any

7 loan origination application for a loan under paragraph
8 (36) or (37) of section 7(a) of the Small Business Act
9 (15 U.S.C. 636(a)), as amended and added by this divi-
10 sion, shall include a means by which the applicant for the
11 loan may, at the discretion of the applicant, submit demo-
12 graphic information of the owner of the recipient of the
13 loan, including the sex, race, ethnicity, and veteran status
14 of the owner.
15 SEC. 310. CLARIFICATION OF AND ADDITIONAL LIMITA-
16 TIONS ON ELIGIBILITY.
17 (a) DATE IN OPERATION.—

18 (1) IN GENERAL.—Section 7(a)(36) of the
19 Small Business Act (15 U.S.C. 636(a)(36)) is
20 amended by adding at the end the following:
21 ‘‘(T) REQUIREMENT FOR DATE IN OPER-
22 ATION.—A business or organization that was

23 not in operation on February 15, 2020 shall not
24 be eligible for a loan under this paragraph.’’.
December 21, 2020 (9:35 a.m.)

140
1 (2) EFFECTIVE DATE; APPLICABILITY.—The
2 amendment made by paragraph (1) shall be effective

3 as if included in the CARES Act (Public Law 116–
4 136; 134 Stat. 281) and shall apply to any loan
5 made pursuant to section 7(a)(36) of the Small
6 Business Act (15 U.S.C. 636(a)(36)) before, on, or
7 after the date of enactment of this Act, including
8 forgiveness of such a loan.
9 (b) EXCLUSION OF ENTITIES RECEIVING SHUT-
10 TERED VENUE OPERATOR GRANTS.—Section 7(a)(36) of
11 the Small Business Act (15 U.S.C. 636(a)(36)), as
12 amended by subsection (a) of this section, is amended by
13 adding at the end the following:
14 ‘‘(U) EXCLUSION OF ENTITIES RECEIVING
15 SHUTTERED VENUE OPERATOR GRANTS.—An
16 eligible person or entity (as defined under of

17 section 24 of the Economic Aid to Hard-Hit
18 Small Businesses, Nonprofits, and Venues Act)
19 that receives a grant under such section 24
20 shall not be eligible for a loan under this para-
21 graph.’’.
December 21, 2020 (9:35 a.m.)

141
1 SEC. 311. PAYCHECK PROTECTION PROGRAM SECOND
2 DRAW LOANS.
3 (a) IN GENERAL.—Section 7(a) of the Small Busi-

4 ness Act (15 U.S.C. 636(a)) is amended by adding at the
6 ‘‘(37) PAYCHECK PROTECTION PROGRAM SEC-
7 OND DRAW LOANS.—
8 ‘‘(A) DEFINITIONS.—In this paragraph—

9 ‘‘(i) the terms ‘eligible self-employed
10 individual’, ‘housing cooperative’, ‘non-
11 profit organization’, ‘payroll costs’, ‘sea-
12 sonal employer’, and ‘veterans organiza-
13 tion’ have the meanings given those terms
14 in paragraph (36), except that ‘eligible en-
15 tity’ shall be substituted for ‘eligible recipi-
16 ent’ each place it appears in the definitions
17 of those terms;
18 ‘‘(ii) the term ‘covered loan’ means a
19 loan made under this paragraph;
20 ‘‘(iii) the terms ‘covered mortgage ob-
21 ligation’, ‘covered operating expenditure’,
22 ‘covered property damage cost’, ‘covered
23 rent obligation’, ‘covered supplier cost’,
24 ‘covered utility payment’, and ‘covered
25 worker protection expenditure’ have the
December 21, 2020 (9:35 a.m.)

142
1 meanings given those terms in section
2 7A(a);
3 ‘‘(iv) the term ‘eligible entity’—
4 ‘‘(I) means any business concern,
5 nonprofit organization, housing coop-
6 erative, veterans organization, Tribal
7 business concern, eligible self-em-
8 ployed individual, sole proprietor,
9 independent contractor, or small agri-
10 cultural cooperative that—
11 ‘‘(aa) employs not more
12 than 300 employees; and
13 ‘‘(bb)(AA) except as pro-
14 vided in subitems (BB), (CC),
15 and (DD), had gross receipts
16 during the first, second, third, or,
17 only with respect to an applica-
18 tion submitted on or after Janu-
19 ary 1, 2021, fourth quarter in
20 2020 that demonstrate not less
21 than a 25 percent reduction from
22 the gross receipts of the entity
23 during the same quarter in 2019;
24 ‘‘(BB) if the entity was not
25 in business during the first or
December 21, 2020 (9:35 a.m.)

143
1 second quarter of 2019, but was
2 in business during the third and
3 fourth quarter of 2019, had gross
4 receipts during the first, second,
5 third, or, only with respect to an
6 application submitted on or after
7 January 1, 2021, fourth quarter
8 of 2020 that demonstrate not
9 less than a 25 percent reduction
10 from the gross receipts of the en-
11 tity during the third or fourth
12 quarter of 2019;
13 ‘‘(CC) if the entity was not
14 in business during the first, sec-
15 ond, or third quarter of 2019,
16 but was in business during the
17 fourth quarter of 2019, had gross
18 receipts during the first, second,
19 third, or, only with respect to an
20 application submitted on or after
21 January 1, 2021, fourth quarter
22 of 2020 that demonstrate not
23 less than a 25 percent reduction
24 from the gross receipts of the en-
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144
1 tity during the fourth quarter of
2 2019; or
3 ‘‘(DD) if the entity was not
4 in business during 2019, but was
5 in operation on February 15,
6 2020, had gross receipts during
7 the second, third, or, only with
8 respect to an application sub-
9 mitted on or after January 1,
10 2021, fourth quarter of 2020
11 that demonstrate not less than a
12 25 percent reduction from the
13 gross receipts of the entity dur-
14 ing the first quarter of 2020;
15 ‘‘(II) includes a business concern
16 or organization made eligible for a
17 loan under paragraph (36) under
18 clause (iii)(II), (iv)(IV), or (vii) of
19 subparagraph (D) of paragraph (36)
20 and that meets the requirements de-
21 scribed in items (aa) and (bb) of sub-
22 clause (I); and
23 ‘‘(III) does not include—
24 ‘‘(aa) any entity that is a
25 type of business concern (or
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145
1 would be, if such entity were a
2 business concern) described in
3 section 120.110 of title 13, Code
4 of Federal Regulations (or in any
5 successor regulation or other re-
6 lated guidance or rule that may
7 be issued by the Administrator)
8 other than a business concern de-
9 scribed in subsection (a) or (k) of
10 such section; or
11 ‘‘(bb) any business concern
12 or entity primarily engaged in
13 political or lobbying activities,
14 which shall include any entity
15 that is organized for research or
16 for engaging in advocacy in areas
17 such as public policy or political
18 strategy or otherwise describes
19 itself as a think tank in any pub-
20 lic documents;
21 ‘‘(cc) any business concern
22 or entity—
23 ‘‘(AA) for which an en-
24 tity created in or organized
25 under the laws of the Peo-
December 21, 2020 (9:35 a.m.)

146
1 ple’s Republic of China or
2 the Special Administrative
3 Region of Hong Kong, or
4 that has significant oper-
5 ations in the People’s Re-
6 public of China or the Spe-
7 cial Administrative Region
8 of Hong Kong, owns or
9 holds, directly or indirectly,
10 not less than 20 percent of
11 the economic interest of the
12 business concern or entity,
13 including as equity shares or
14 a capital or profit interest in
15 a limited liability company
16 or partnership; or
17 ‘‘(BB) that retains, as
18 a member of the board of di-
19 rectors of the business con-
20 cern, a person who is a resi-
21 dent of the People’s Repub-
22 lic of China;
23 ‘‘(dd) any person required to
24 submit a registration statement
25 under section 2 of the Foreign
December 21, 2020 (9:35 a.m.)

147
1 Agents Registration Act of 1938
2 (22 U.S.C. 612); or
3 ‘‘(ee) an eligible person or
4 entity (as defined under section
5 24 of the Economic Aid to Hard-
6 Hit Small Businesses, Non-
7 profits, and Venues Act) that re-
8 ceives a grant under such section
9 24; and
10 ‘‘(v) the term ‘Tribal business con-
11 cern’ means a Tribal business concern de-
12 scribed in section 31(b)(2)(C).
13 ‘‘(B) LOANS.—Except as otherwise pro-
14 vided in this paragraph, the Administrator may
15 guarantee covered loans to eligible entities
16 under the same terms, conditions, and processes
17 as a loan made under paragraph (36).
18 ‘‘(C) MAXIMUM LOAN AMOUNT.—
19 ‘‘(i) IN GENERAL.—Except as other-

20 wise provided in this subparagraph, the
21 maximum amount of a covered loan made
22 to an eligible entity is the lesser of—
23 ‘‘(I) the product obtained by mul-
24 tiplying—
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148
1 ‘‘(aa) at the election of the
2 eligible entity, the average total
3 monthly payment for payroll
4 costs incurred or paid by the eli-
5 gible entity during—
6 ‘‘(AA) the 1-year period
7 before the date on which the
8 loan is made; or
9 ‘‘(BB) calendar year
10 2019; by
11 ‘‘(bb) 2.5; or
12 ‘‘(II) $2,000,000.
13 ‘‘(ii) SEASONAL EMPLOYERS.—The
14 maximum amount of a covered loan made

15 to an eligible entity that is a seasonal em-
16 ployer is the lesser of—
18 tiplying—
21 monthly payments for payroll
23 gible entity for any 12-week pe-
24 riod between February 15, 2019
25 and February 15, 2020; by
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149
1 ‘‘(bb) 2.5; or
2 ‘‘(II) $2,000,000.
3 ‘‘(iii) NEW ENTITIES.—The maximum
4 amount of a covered loan made to an eligi-
5 ble entity that did not exist during the 1-
6 year period preceding February 15, 2020
7 is the lesser of—
9 tiplying—
10 ‘‘(aa) the quotient obtained
11 by dividing—
12 ‘‘(AA) the sum of the
13 total monthly payments by
14 the eligible entity for payroll
15 costs paid or incurred by the
16 eligible entity as of the date
17 on which the eligible entity
18 applies for the covered loan;
19 by
20 ‘‘(BB) the number of
21 months in which those pay-
22 roll costs were paid or in-
23 curred; by
24 ‘‘(bb) 2.5; or
25 ‘‘(II) $2,000,000.
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150
1 ‘‘(iv) NAICS 72 ENTITIES.—The max-
2 imum amount of a covered loan made to
3 an eligible entity that is assigned a North
4 American Industry Classification System
5 code beginning with 72 at the time of dis-
6 bursal is the lesser of—
8 tiplying—
11 monthly payment for payroll
13 gible entity during—
14 ‘‘(AA) the 1-year period
15 before the date on which the
16 loan is made; or
17 ‘‘(BB) calendar year
18 2019; by
19 ‘‘(bb) 3.5; or
20 ‘‘(II) $2,000,000.
21 ‘‘(D) BUSINESS CONCERNS WITH MORE
22 THAN 1 PHYSICAL LOCATION.—
23 ‘‘(i) IN GENERAL.—For a business

24 concern with more than 1 physical loca-
25 tion, the business concern shall be an eligi-
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151
1 ble entity if the business concern would be
2 eligible for a loan under paragraph (36)
3 pursuant to clause (iii) of subparagraph
4 (D) of such paragraph, as applied in ac-
5 cordance with clause (ii) of this subpara-
6 graph, and meets the revenue reduction re-
7 quirements described in item (bb) of sub-
8 paragraph (A)(iv)(I).
9 ‘‘(ii) SIZE LIMIT.—For purposes of
10 applying clause (i), the Administrator shall
11 substitute ‘not more than 300 employees’
12 for ‘not more than 500 employees’ in para-
13 graph (36)(D)(iii).
14 ‘‘(E) WAIVER OF AFFILIATION RULES.—
15 ‘‘(i) IN GENERAL.—The waiver de-

16 scribed in paragraph (36)(D)(iv) shall
17 apply for purposes of determining eligi-
18 bility under this paragraph.
19 ‘‘(ii) SIZE LIMIT.—For purposes of
20 applying clause (i), the Administrator shall
21 substitute ‘not more than 300 employees’
22 for ‘not more than 500 employees’ in sub-
23 clause (I) and (IV) of paragraph
24 (36)(D)(iv).
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152
1 ‘‘(F) LOAN NUMBER LIMITATION.—An eli-
2 gible entity may only receive 1 covered loan.
3 ‘‘(G) EXCEPTION FROM CERTAIN CERTIFI-
4 CATION REQUIREMENTS.—An eligible entity ap-

5 plying for a covered loan shall not be required
6 to make the certification described in clause
7 (iii) or (iv) of paragraph (36)(G).
8 ‘‘(H) FEE WAIVER.—With respect to a
9 covered loan—
10 ‘‘(i) in lieu of the fee otherwise appli-
11 cable under paragraph (23)(A), the Ad-
12 ministrator shall collect no fee; and
13 ‘‘(ii) in lieu of the fee otherwise appli-
14 cable under paragraph (18)(A), the Ad-
15 ministrator shall collect no fee.
16 ‘‘(I) GROSS RECEIPTS AND SIMPLIFIED
17 CERTIFICATION OF REVENUE TEST.—
18 ‘‘(i) LOANS OF UP TO $150,000.—For
19 a covered loan of not more than $150,000,

20 the eligible entity—
21 ‘‘(I) may submit a certification
22 attesting that the eligible entity meets
23 the applicable revenue loss require-
24 ment under subparagraph
25 (A)(iv)(I)(bb); and
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153
1 ‘‘(II) if the eligible entity submits
2 a certification under subclause (I),
3 shall, on or before the date on which
4 the eligible entity submits an applica-
5 tion for forgiveness under subpara-
6 graph (J), produce adequate docu-
7 mentation that the eligible entity met
8 such revenue loss standard.
9 ‘‘(ii) FOR NONPROFIT AND VETERANS
10 ORGANIZATIONS.—For purposes of calcu-

11 lating gross receipts under subparagraph
12 (A)(iv)(I)(bb) for an eligible entity that is
13 a nonprofit organization, a veterans orga-
14 nization, or an organization described in
15 subparagraph (A)(iv)(II), gross receipts
16 means gross receipts within the meaning of
17 section 6033 of the Internal Revenue Code
18 of 1986.
19 ‘‘(J) LOAN FORGIVENESS.—
20 ‘‘(i) DEFINITION OF COVERED PE-
21 RIOD.—In this subparagraph, the term

22 ‘covered period’ has the meaning given
23 that term in section 7A(a).
24 ‘‘(ii) FORGIVENESS GENERALLY.—Ex-
25 cept as otherwise provided in this subpara-
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154
1 graph, an eligible entity shall be eligible for
2 forgiveness of indebtedness on a covered
3 loan in the same manner as an eligible re-
4 cipient with respect to a loan made under
5 paragraph (36) of this section, as de-
6 scribed in section 7A.
7 ‘‘(iii) FORGIVENESS AMOUNT.—An eli-
8 gible entity shall be eligible for forgiveness
9 of indebtedness on a covered loan in an
10 amount equal to the sum of the following
11 costs incurred or expenditures made during
12 the covered period:
13 ‘‘(I) Payroll costs, excluding any
14 payroll costs that are—
15 ‘‘(aa) qualified wages, as de-
16 fined in subsection (c)(3) of sec-
17 tion 2301 of the CARES Act (26
18 U.S.C. 3111 note), taken into ac-
19 count in determining the credit
20 allowed under such section; or
21 ‘‘(bb) qualified wages taken
22 into account in determining the
23 credit allowed under subsection
24 (a) or (d) of section 303 of the
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155
1 Taxpayer Certainty and Disaster
3 ‘‘(II) Any payment of interest on
4 any covered mortgage obligation
5 (which shall not include any prepay-
6 ment of or payment of principal on a
7 covered mortgage obligation).
8 ‘‘(III) Any covered operations ex-
9 penditure.
10 ‘‘(IV) Any covered property dam-
11 age cost.
12 ‘‘(V) Any payment on any cov-
13 ered rent obligation.
14 ‘‘(VI) Any covered utility pay-
15 ment.
16 ‘‘(VII) Any covered supplier cost.
17 ‘‘(VIII) Any covered worker pro-
18 tection expenditure.
19 ‘‘(iv) LIMITATION ON FORGIVENESS
20 FOR ALL ELIGIBLE ENTITIES.—Subject to

21 any reductions under section 7A(d), the
22 forgiveness amount under this subpara-
23 graph shall be equal to the lesser of—
24 ‘‘(I) the amount described in
25 clause (ii); and
December 21, 2020 (9:35 a.m.)

156
1 ‘‘(II) the amount equal to the
2 quotient obtained by dividing—
3 ‘‘(aa) the amount of the cov-
4 ered loan used for payroll costs
5 during the covered period; and
6 ‘‘(bb) 0.60.
7 ‘‘(v) SUBMISSION OF MATERIALS FOR
8 FORGIVENESS.—For purposes of applying

9 subsection (l)(1) of section 7A to a covered
10 loan of not more than $150,000 under this
11 paragraph, an eligible entity may be re-
12 quired to provide, at the time of the appli-
13 cation for forgiveness, documentation re-
14 quired to substantiate revenue loss in ac-
15 cordance with subparagraph (I).
16 ‘‘(K) LENDER ELIGIBILITY.—Except as
17 otherwise provided in this paragraph, a lender
18 approved to make loans under paragraph (36)
19 may make covered loans under the same terms
20 and conditions as in paragraph (36).
21 ‘‘(L) REIMBURSEMENT FOR LOAN PROC-
22 ESSING AND SERVICING.—The Administrator

23 shall reimburse a lender authorized to make a
24 covered loan—
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157
1 ‘‘(i) for a covered loan of not more
2 than $50,000, in an amount equal to the
3 lesser of—
4 ‘‘(I) 50 percent of the balance of
5 the financing outstanding at the time
6 of disbursement of the covered loan;
7 or
8 ‘‘(II) $2,500;
9 ‘‘(ii) at a rate, based on the balance
10 of the financing outstanding at the time of
11 disbursement of the covered loan, of—
12 ‘‘(I) 5 percent for a covered loan
13 of more than $50,000 and not more
14 than $350,000; and
15 ‘‘(II) 3 percent for a covered loan
16 of more than $350,000.
17 ‘‘(M) PUBLICATION OF GUIDANCE.—Not
18 later than 10 days after the date of enactment

19 of this paragraph, the Administrator shall issue
20 guidance addressing barriers to accessing cap-
21 ital for minority, underserved, veteran, and
22 women-owned business concerns for the purpose
23 of ensuring equitable access to covered loans.
24 ‘‘(N) STANDARD OPERATING PROCE-
25 DURE.—The Administrator shall, to the max-
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158
1 imum extent practicable, allow a lender ap-
2 proved to make covered loans to use existing
3 program guidance and standard operating pro-
4 cedures for loans made under this subsection.
5 ‘‘(O) SUPPLEMENTAL COVERED LOANS.—
6 A covered loan under this paragraph may only

7 be made to an eligible entity that—
8 ‘‘(i) has received a loan under para-
9 graph (36); and
10 ‘‘(ii) on or before the expected date on
11 which the covered loan under this para-
12 graph is disbursed to the eligible entity,
13 has used, or will use, the full amount of
14 the loan received under paragraph (36).’’.
15 (b) APPLICATION OF EXEMPTION BASED ON EM-
16 PLOYEE AVAILABILITY.—
17 (1) IN GENERAL.—Section 7A(d) of the Small
18 Business Act, as redesignated and transferred by
19 section 304 of this Act, is amended—
20 (A) in paragraph (5)(B), by inserting ‘‘(or,
21 with respect to a covered loan made on or after
22 the date of enactment of the Economic Aid to
23 Hard-Hit Small Businesses, Nonprofits, and
24 Venues Act, not later than the last day of the
25 covered period with respect to such covered
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159
1 loan)’’ after ‘‘December 31, 2020’’ each place it
2 appears; and
3 (B) in paragraph (7)—
4 (i) by inserting ‘‘(or, with respect to a
5 covered loan made on or after the date of
6 enactment of the Economic Aid to Hard-
7 Hit Small Businesses, Nonprofits, and
8 Venues Act, ending on the last day of the
9 covered period with respect to such covered
10 loan)’’ after ‘‘December 31, 2020’’ the
11 first and third places it appears; and
12 (ii) by inserting ‘‘(or, with respect to
13 a covered loan made on or after the date
14 of enactment of the Economic Aid to
15 Hard-Hit Small Businesses, Nonprofits,
16 and Venues Act, on or before the last day
17 of the covered period with respect to such
18 covered loan)’’ after ‘‘December 31, 2020’’
19 the second place it appears.
20 (2) MODIFICATION OF DATES.—The Adminis-
21 trator and the Secretary of the Treasury may joint-
22 ly, by regulation, modify any date in section 7A(d)
23 of the Small Business Act, as redesignated and
24 transferred by section 304 of this Act, other than a
25 deadline established under an amendment made by
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160
1 paragraph (1), in a manner consistent with the pur-
2 poses of the Paycheck Protection Program to help
3 businesses retain workers and meet financial obliga-
4 tions.
5 (c) ELIGIBLE CHURCHES AND RELIGIOUS ORGANIZA-
6 TIONS.—
7 (1) SENSE OF CONGRESS.—It is the sense of

8 Congress that the interim final rule of the Adminis-
9 tration entitled ‘‘Business Loan Program Temporary
10 Changes; Paycheck Protection Program’’ (85 Fed.
11 Reg. 20817 (April 15, 2020)) properly clarified the
12 eligibility of churches and religious organizations for
13 loans made under paragraph (36) of section 7(a) of
14 the Small Business Act (15 U.S.C. 636(a)).
15 (2) APPLICABILITY OF PROHIBITION.—The pro-
16 hibition on eligibility established by section
17 120.110(k) of title 13, Code of Federal Regulations,
18 or any successor regulation, shall not apply to a loan
19 under paragraph (36) of section 7(a) of the Small
20 Business Act (15 U.S.C. 636(a)).
21 SEC. 312. INCREASED ABILITY FOR PAYCHECK PROTEC-
22 TION PROGRAM BORROWERS TO REQUEST
23 AN INCREASE IN LOAN AMOUNT DUE TO UP-
24 DATED REGULATIONS.
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161
1 (1) the terms ‘‘covered loan’’ and ‘‘eligible re-
2 cipient’’ have the meanings given those terms in
3 7(a)(36)(A) of the Small Business Act (15 U.S.C.
4 636(a)(36)(A)); and
5 (2) the term ‘‘included covered loan’’ means a
6 covered loan for which, as of the date of enactment
7 of this Act, the borrower had not received forgive-
8 ness under section 1106 of the CARES Act, as in
9 effect on the day before such date of enactment.
10 (b) RULES OR GUIDANCE.—Not later than 17 days
11 after the date of enactment of this Act, and without regard
12 to the notice requirements under section 553(b) of title
13 5, United States Code, the Administrator shall issue rules
14 or guidance to ensure that an eligible recipient of an in-
15 cluded covered loan that returns amounts disbursed under
16 the included covered loan or does not accept the full
17 amount of the included covered loan for which the eligible
18 recipient was approved—
19 (1) in the case of an eligible recipient that re-
20 turned all or part of an included covered loan, the
21 eligible recipient may reapply for a covered loan for
22 an amount equal to the difference between the
23 amount retained and the maximum amount applica-
24 ble; and
December 21, 2020 (9:35 a.m.)

162
1 (2) in the case of an eligible recipient that did
2 not accept the full amount of an included covered
3 loan, the eligible recipient may request a modifica-
4 tion to increase the amount of the covered loan to
5 the maximum amount applicable, subject to the re-
6 quirements of section 7(a)(36) of the Small Business
7 Act (15 U.S.C. 636(a)(36)).
8 (c) INTERIM FINAL RULES.—Notwithstanding the
9 interim final rule issued by the Administration entitled
10 ‘‘Business Loan Program Temporary Changes; Paycheck
11 Protection Program—Loan Increases’’ (85 Fed. Reg.
12 29842 (May 19, 2020)), an eligible recipient of an in-
13 cluded covered loan that is eligible for an increased cov-
14 ered loan amount as a result of any interim final rule that
15 allows for covered loan increases may submit a request
16 for an increase in the included covered loan amount even
17 if—
18 (1) the initial covered loan amount has been
19 fully disbursed; or
20 (2) the lender of the initial covered loan has
21 submitted to the Administration a Form 1502 report
22 related to the covered loan.
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163
1 SEC. 313. CALCULATION OF MAXIMUM LOAN AMOUNT FOR
2 FARMERS AND RANCHERS UNDER THE PAY-
3 CHECK PROTECTION PROGRAM.
4 (a) IN GENERAL.—Section 7(a)(36) of the Small

5 Business Act (15 U.S.C. 636(a)(36)), as amended by sec-
6 tion 310 of this Act, is amended—
7 (1) in subparagraph (E), in the matter pre-
8 ceding clause (i), by striking ‘‘During’’ and inserting
9 ‘‘Except as provided in subparagraph (V), during’’;
10 and
12 ‘‘(V) CALCULATION OF MAXIMUM LOAN
13 AMOUNT FOR FARMERS AND RANCHERS.—
14 ‘‘(i) DEFINITION.—In this subpara-

15 graph, the term ‘covered recipient’ means
16 an eligible recipient that—
17 ‘‘(I) operates as a sole propri-
18 etorship or as an independent con-
19 tractor, or is an eligible self-employed
20 individual;
21 ‘‘(II) reports farm income or ex-
22 penses on a Schedule F (or any equiv-
23 alent successor schedule); and
24 ‘‘(III) was in business as of Feb-
25 ruary 15, 2020.
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164
1 ‘‘(ii) NO EMPLOYEES.—With respect
2 to covered recipient without employees, the
3 maximum covered loan amount shall be the
4 lesser of—
5 ‘‘(I) the sum of—
6 ‘‘(aa) the product obtained
7 by multiplying—
8 ‘‘(AA) the gross income
9 of the covered recipient in
10 2019, as reported on a
11 Schedule F (or any equiva-
12 lent successor schedule),
13 that is not more than
14 $100,000, divided by 12;
15 and
16 ‘‘(BB) 2.5; and
17 ‘‘(bb) the outstanding
18 amount of a loan under sub-
19 section (b)(2) that was made
20 during the period beginning on
21 January 31, 2020 and ending on
22 April 3, 2020 that the borrower
23 intends to refinance under the
24 covered loan, not including any
25 amount of any advance under the
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165
1 loan that is not required to be re-
2 paid; or
3 ‘‘(II) $2,000,000.
4 ‘‘(iii) WITH EMPLOYEES.—With re-
5 spect to a covered recipient with employ-
6 ees, the maximum covered loan amount
7 shall be calculated using the formula de-
8 scribed in subparagraph (E), except that
9 the gross income of the covered recipient
10 described in clause (ii)(I)(aa)(AA) of this
11 subparagraph, as divided by 12, shall be
12 added to the sum calculated under sub-
13 paragraph (E)(i)(I).
14 ‘‘(iv) RECALCULATION.—A lender that
15 made a covered loan to a covered recipient
16 before the date of enactment of this sub-
17 paragraph may, at the request of the cov-
18 ered recipient—
19 ‘‘(I) recalculate the maximum
20 loan amount applicable to that cov-
21 ered loan based on the formula de-
22 scribed in clause (ii) or (iii), as appli-
23 cable, if doing so would result in a
24 larger covered loan amount; and
December 21, 2020 (9:35 a.m.)

166
1 ‘‘(II) provide the covered recipi-
2 ent with additional covered loan
3 amounts based on that recalcula-
4 tion.’’.
5 (b) EFFECTIVE DATE; APPLICABILITY.—
7 graph (2), the amendments made by subsection (a)
8 shall be effective as if included in the CARES Act
9 (Public Law 116–136; 134 Stat. 281) and shall
10 apply to any loan made pursuant to section 7(a)(36)
11 of the Small Business Act (15 U.S.C. 636(a)(36))
12 before, on, or after the date of enactment of this
13 Act, including forgiveness of such a loan.
15 GIVEN.—The amendments made by subsection (a)

16 shall not apply to a loan made pursuant to section
18 636(a)(36)) for which the borrower received forgive-
19 ness before the date of enactment of this Act under
20 section 1106 of the CARES Act, as in effect on the
21 day before such date of enactment.
22 SEC. 314. FARM CREDIT SYSTEM INSTITUTIONS.
23 (a) DEFINITION OF FARM CREDIT SYSTEM INSTITU-

24 TION.—In this section, the term ‘‘Farm Credit System in-
25 stitution’’—
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167
1 (1) means an institution of the Farm Credit
2 System chartered under the Farm Credit Act of
3 1971 (12 U.S.C. 2001 et seq.); and
4 (2) does not include the Federal Agricultural
5 Mortgage Corporation.
6 (b) FACILITATION OF PARTICIPATION IN PPP AND
7 SECOND DRAW LOANS.—

8 (1) APPLICABLE RULES.—Solely with respect to
9 loans under paragraphs (36) and (37) of section
10 7(a) of the Small Business Act (15 U.S.C. 636(a)),
11 Farm Credit Administration regulations and guid-
12 ance issued as of July 14, 2020, and compliance
13 with such regulations and guidance, shall be deemed
14 functionally equivalent to requirements referenced in
15 section 3(a)(iii)(II) of the interim final rule of the
16 Administration entitled ‘‘Business Loan Program
17 Temporary Changes; Paycheck Protection Program’’
18 (85 Fed. Reg. 20811 (April 15, 2020)) or any simi-
19 lar requirement referenced in that interim final rule
20 in implementing such paragraph (37).
21 (2) APPLICABILITY OF CERTAIN LOAN RE-
22 QUIREMENTS.—For purposes of making loans under

23 paragraph (36) or (37) of section 7(a) of the Small
24 Business Act (15 U.S.C. 636(a)) or forgiving those
25 loans in accordance with section 7A of the Small
December 21, 2020 (9:35 a.m.)

168
1 Business Act, as redesignated and transferred by
2 section 304 of this Act, and subparagraph (J) of
3 such paragraph (37), sections 4.13, 4.14, and 4.14A
4 of the Farm Credit Act of 1971 (12 U.S.C. 2199,
5 2202, 2202a) (including regulations issued under
6 those sections) shall not apply.
7 (3) RISK WEIGHT.—
8 (A) IN GENERAL.—With respect to the ap-

9 plication of Farm Credit Administration capital
10 requirements, a loan described in subparagraph
11 (B)—
12 (i) shall receive a risk weight of zero
13 percent; and
14 (ii) shall not be included in the cal-
15 culation of any applicable leverage ratio or
16 other applicable capital ratio or calculation.
17 (B) LOANS DESCRIBED.—A loan referred
18 to in subparagraph (A) is—
19 (i) a loan made by a Farm Credit
20 Bank described in section 1.2(a) of the
21 Farm Credit Act of 1971 (12 U.S.C.
22 2002(a)) to a Federal Land Bank Associa-
23 tion, a Production Credit Association, or
24 an agricultural credit association described
25 in that section to make loans under para-
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169
1 graph (36) or (37) of section 7(a) of the
2 Small Business Act (15 U.S.C. 636(a)) or
3 forgive those loans in accordance with sec-
4 tion 7A of the Small Business Act, as re-
5 designated and transferred by section 304
6 of this Act, and subparagraph (J) of such
7 paragraph (37); or
8 (ii) a loan made by a Federal Land
9 Bank Association, a Production Credit As-
10 sociation, an agricultural credit associa-
11 tion, or the bank for cooperatives described
12 in section 1.2(a) of the Farm Credit Act of
13 1971 (12 U.S.C. 2002(a)) under para-
14 graph (36) or (37) of section 7(a) of the
15 Small Business Act (15 U.S.C. 636(a)).
16 (c) EFFECTIVE DATE; APPLICABILITY.—This section
17 shall be effective as if included in the CARES Act (Public
18 Law 116–136; 134 Stat. 281) and shall apply to any loan
19 made pursuant to section 7(a)(36) of the Small Business
20 Act (15 U.S.C. 636(a)(36)) before, on, or after the date
21 of enactment of this Act, including forgiveness of such a
22 loan.
23 SEC. 315. DEFINITION OF SEASONAL EMPLOYER.
24 (a) PPP LOANS.—Section 7(a)(36)(A) of the Small

25 Business Act (15 U.S.C. 636(a)(36)(A)) is amended—
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170
1 (1) in clause (xi), by striking ‘‘and’’ at the end;
2 (2) in clause (xii), by striking the period at the
3 end and inserting a semicolon; and
5 ‘‘(xiii) the term ‘seasonal employer’
6 means an eligible recipient that—
7 ‘‘(I) does not operate for more
8 than 7 months in any calendar year;
9 or
10 ‘‘(II) during the preceding cal-
11 endar year, had gross receipts for any
12 6 months of that year that were not
13 more than 33.33 percent of the gross
14 receipts of the employer for the other
15 6 months of that year;’’.
16 (b) LOAN FORGIVENESS.—Paragraph (12) of section
17 7A(a) of the Small Business Act, as so redesignated and
18 transferred by section 304 of this Act, is amended to read
19 as follows:
20 ‘‘(12) the terms ‘payroll costs’ and ‘seasonal
21 employer’ have the meanings given those terms in
22 section 7(a)(36).’’.
23 (c) EFFECTIVE DATE; APPLICABILITY.—The amend-
24 ments made by subsections (a) and (b) shall be effective
25 as if included in the CARES Act (Public Law 116–136;
December 21, 2020 (9:35 a.m.)

171
1 134 Stat. 281) and shall apply to any loan made pursuant
2 to section 7(a)(36) of the Small Business Act (15 U.S.C.
5 SEC. 316. HOUSING COOPERATIVES.
6 Section 7(a)(36) of the Small Business Act (15

7 U.S.C. 636(a)(36)) is amended—
8 (1) in subparagraph (A), as amended by section
9 315(a) of this Act, by adding at the end the fol-
10 lowing:
11 ‘‘(xiv) the term ‘housing cooperative’
12 means a cooperative housing corporation
13 (as defined in section 216(b) of the Inter-
14 nal Revenue Code of 1986) that employs
15 not more than 300 employees;’’; and
16 (2) in subparagraph (D)—
17 (A) in clause (i), by inserting ‘‘housing co-
18 operative,’’ before ‘‘veterans organization,’’ each
19 place it appears; and
20 (B) in clause (vi), by inserting ‘‘, a housing
21 cooperative,’’ before ‘‘a veterans organization’’.
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172
1 SEC. 317. ELIGIBILITY OF NEWS ORGANIZATIONS FOR
2 LOANS UNDER THE PAYCHECK PROTECTION
3 PROGRAM.
4 (a) ELIGIBILITY OF INDIVIDUAL STATIONS, NEWS-

5 PAPERS, AND PUBLIC BROADCASTING ORGANIZATIONS.—
6 Section 7(a)(36)(D)(iii) of the Small Business Act (15
7 U.S.C. 636(a)(36)(D)(iii)) is amended—
8 (1) by striking ‘‘During the covered period’’
9 and inserting the following:
10 ‘‘(I) IN GENERAL.—During the
11 covered period’’; and
12 (2) by adding at the end the following
13 ‘‘(II) ELIGIBILITY OF NEWS OR-
14 GANIZATIONS.—
15 ‘‘(aa) DEFINITION.—In this

16 subclause, the term ‘included
17 business concern’ means a busi-
18 ness concern, including any sta-
19 tion which broadcasts pursuant
20 to a license granted by the Fed-
21 eral Communications Commission
22 under title III of the Commu-
23 nications Act of 1934 (47 U.S.C.
24 301 et seq.) without regard for
25 whether such a station is a con-
26 cern as defined in section
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173
1 121.105 of title 13, Code of Fed-
2 eral Regulations, or any suc-
3 cessor thereto—
4 ‘‘(AA) that employs not
5 more than 500 employees, or
6 the size standard established
7 by the Administrator for the
8 North American Industry
9 Classification System code
10 applicable to the business
11 concern, per physical loca-
12 tion of such business con-
13 cern; or
14 ‘‘(BB) any nonprofit
15 organization or any organi-
16 zation otherwise subject to
17 section 511(a)(2)(B) of the
18 Internal Revenue Code of
19 1986 that is a public broad-
20 casting entity (as defined in
21 section 397(11) of the Com-
22 munications Act of 1934 (47
23 U.S.C. 397(11))).
24 ‘‘(bb) ELIGIBILITY.—During
25 the covered period, an included
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174
1 business concern shall be eligible
2 to receive a covered loan if—
3 ‘‘(AA) the included
4 business concern is majority
5 owned or controlled by a
6 business concern that is as-
7 signed a North American In-
8 dustry Classification System
9 code beginning with 511110
10 or 5151 or, with respect to a
11 public broadcasting entity
12 (as defined in section
13 397(11) of the Communica-
14 tions Act of 1934 (47
15 U.S.C. 397(11))), has a
16 trade or business that falls
17 under such a code; and
18 ‘‘(BB) the included
19 business concern makes a
20 good faith certification that
21 proceeds of the loan will be
22 used to support expenses at
23 the component of the in-
24 cluded business concern that
25 produces or distributes lo-
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175
1 cally focused or emergency
2 information.’’.
3 (b) ELIGIBILITY OF AFFILIATED ENTITIES.—Section
4 7(a)(36)(D)(iv) of the Small Business Act (15 U.S.C.
5 636(a)(36)(D)(iv)) is amended—
6 (1) in subclause (II), by striking ‘‘and’’ at the
7 end;
8 (2) in subclause (III), by striking the period at
11 ‘‘(IV)(aa) any business concern
12 (including any station which broad-
13 casts pursuant to a license granted by
14 the Federal Communications Commis-
15 sion under title III of the Communica-
16 tions Act of 1934 (47 U.S.C. 301 et
17 seq.) without regard for whether such
18 a station is a concern as defined in
19 section 121.105 of title 13, Code of
20 Federal Regulations, or any successor
21 thereto) that employs not more than
22 500 employees, or the size standard
23 established by the Administrator for
24 the North American Industry Classi-
25 fication System code applicable to the
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176
1 business concern, per physical location
2 of such business concern and is ma-
3 jority owned or controlled by a busi-
4 ness concern that is assigned a North
5 American Industry Classification Sys-
6 tem code beginning with 511110 or
7 5151; or
8 ‘‘(bb) any nonprofit organization
9 that is assigned a North American In-
10 dustry Classification System code be-
11 ginning with 5151.’’.
12 (c) APPLICATION OF PROHIBITION ON PUBLICLY
13 TRADED COMPANIES.—Clause (viii) of section
14 7(a)(36)(D) of the Small Business Act (15 U.S.C.
15 636(a)(36)(D), as added by section 342 of this Act is
16 amended—
17 (1) by striking ‘‘Notwithstanding’’ and insert-
18 ing the following:
19 ‘‘(I) IN GENERAL.—Subject to
20 subclause (II), and notwithstanding’’;
21 and
22 (2) by adding at the end—
23 ‘‘(II) RULE FOR AFFILIATED EN-
24 TITIES.—With respect to a business

25 concern made eligible by clause
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177
1 (iii)(II) or clause (iv)(IV) of this sub-
2 paragraph, the Administrator shall
3 not consider whether any affiliated en-
4 tity, which for purposes of this sub-
5 clause shall include any entity that
6 owns or controls such business con-
7 cern, is an issuer.’’.
8 SEC. 318. ELIGIBILITY OF 501(c)(6) AND DESTINATION MAR-
9 KETING ORGANIZATIONS FOR LOANS UNDER
10 THE PAYCHECK PROTECTION PROGRAM.

12 U.S.C. 636(a)(36)) is amended—
14 316 of this Act, by adding at the end the following:
15 ‘‘(xv) the term ‘destination marketing
16 organization’ means a nonprofit entity that
17 is—
18 ‘‘(I) an organization described in
19 section 501(c) of the Internal Revenue
20 Code of 1986 and exempt from tax
21 under section 501(a) of such Code; or
22 ‘‘(II) a State, or a political sub-
23 division of a State (including any in-
24 strumentality of such entities)—
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178
1 ‘‘(aa) engaged in marketing
2 and promoting communities and
3 facilities to businesses and leisure
4 travelers through a range of ac-
5 tivities, including—
6 ‘‘(AA) assisting with
7 the location of meeting and
8 convention sites;
9 ‘‘(BB) providing travel
10 information on area attrac-
11 tions, lodging accommoda-
12 tions, and restaurants;
13 ‘‘(CC) providing maps;
14 and
15 ‘‘(DD) organizing
16 group tours of local histor-
17 ical, recreational, and cul-
18 tural attractions; or
19 ‘‘(bb) that is engaged in,
20 and derives the majority of the
21 operating budget of the entity
22 from revenue attributable to, pro-
23 viding live events; and’’; and
24 (2) in subparagraph (D), as amended by section
25 316 of this Act—
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179
1 (A) in clause (v), by inserting ‘‘or for pur-
2 poses of determining the number of employees
3 of a housing cooperative or a business concern
4 or organization made eligible for a loan under
5 this paragraph under clause (iii)(II), (iv)(IV),
6 or (vii),’’ after ‘‘clause (i)(I),’’;
7 (B) in clause (vi), by inserting ‘‘a business
8 concern or organization made eligible for a loan
9 under this paragraph under clause (vii),’’ after
10 ‘‘a nonprofit organization,’’; and
12 ‘‘(vii) ELIGIBILITY FOR CERTAIN
13 501(c)(6) ORGANIZATIONS.—
14 ‘‘(I) IN GENERAL.—Any organi-

15 zation that is described in section
16 501(c)(6) of the Internal Revenue
17 Code and that is exempt from tax-
18 ation under section 501(a) of such
19 Code (excluding professional sports
20 leagues and organizations with the
21 purpose of promoting or participating
22 in a political campaign or other activ-
23 ity) shall be eligible to receive a cov-
24 ered loan if—
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180
1 ‘‘(aa) the organization does
2 not receive more than 15 percent
3 of its receipts from lobbying ac-
4 tivities;
5 ‘‘(bb) the lobbying activities
6 of the organization do not com-
7 prise more than 15 percent of the
8 total activities of the organiza-
9 tion;
10 ‘‘(cc) the cost of the lob-
11 bying activities of the organiza-
12 tion did not exceed $1,000,000
13 during the most recent tax year
14 of the organization that ended
15 prior to February 15, 2020; and
16 ‘‘(dd) the organization em-
17 ploys not more than 300 employ-
18 ees.
19 ‘‘(II) DESTINATION MARKETING
20 ORGANIZATIONS.—Any destination
21 marketing organization shall be eligi-
22 ble to receive a covered loan if—
23 ‘‘(aa) the destination mar-
24 keting organization does not re-
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181
1 ceive more than 15 percent of its
2 receipts from lobbying activities;
3 ‘‘(bb) the lobbying activities
4 of the destination marketing or-
5 ganization do not comprise more
6 than 15 percent of the total ac-
7 tivities of the organization;
8 ‘‘(cc) the cost of the lob-
9 bying activities of the destination
10 marketing organization did not
11 exceed $1,000,000 during the
12 most recent tax year of the des-
13 tination marketing organization
14 that ended prior to February 15,
15 2020; and
16 ‘‘(dd) the destination mar-
17 keting organization employs not
18 more than 300 employees; and
19 ‘‘(ee) the destination mar-
20 keting organization—
21 ‘‘(AA) is described in
22 section 501(c) of the Inter-
23 nal Revenue Code and is ex-
24 empt from taxation under
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182
1 section 501(a) of such Code;
2 or
3 ‘‘(BB) is a quasi-gov-
4 ernmental entity or is a po-
5 litical subdivision of a State
6 or local government, includ-
7 ing any instrumentality of
8 those entities.’’.
9 SEC. 319. PROHIBITION ON USE OF LOAN PROCEEDS FOR
10 LOBBYING ACTIVITIES.
11 Section 7(a)(36)(F) of the Small Business Act (15

12 U.S.C. 636(a)(36)(F)) is amended by adding at the end
13 the following:
14 ‘‘(vi) PROHIBITION.—None of the pro-
15 ceeds of a covered loan may be used for—
16 ‘‘(I) lobbying activities, as de-
17 fined in section 3 of the Lobbying
18 Disclosure Act of 1995 (2 U.S.C.
19 1602);
20 ‘‘(II) lobbying expenditures re-
21 lated to a State or local election; or
22 ‘‘(III) expenditures designed to
23 influence the enactment of legislation,
24 appropriations, regulation, adminis-
25 trative action, or Executive order pro-
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183
1 posed or pending before Congress or
2 any State government, State legisla-
3 ture, or local legislature or legislative
4 body.’’.
5 SEC. 320. BANKRUPTCY PROVISIONS.
6 (a) IN GENERAL.—Section 364 of title 11, United

8 lowing:
9 ‘‘(g)(1) The court, after notice and a hearing, may
10 authorize a debtor in possession or a trustee that is au-
11 thorized to operate the business of the debtor under sec-
12 tion 1183, 1184, 1203, 1204, or 1304 of this title to ob-
13 tain a loan under paragraph (36) or (37) of section 7(a)
14 of the Small Business Act (15 U.S.C. 636(a)), and such
15 loan shall be treated as a debt to the extent the loan is
16 not forgiven in accordance with section 7A of the Small
17 Business Act or subparagraph (J) of such paragraph (37),
18 as applicable, with priority equal to a claim of the kind
19 specified in subsection (c)(1) of this section.
20 ‘‘(2) The trustee may incur debt described in para-
21 graph (1) notwithstanding any provision in a contract,
22 prior order authorizing the trustee to incur debt under this
23 section, prior order authorizing the trustee to use cash col-
24 lateral under section 363, or applicable law that prohibits
25 the debtor from incurring additional debt.
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184
1 ‘‘(3) The court shall hold a hearing within 7 days
2 after the filing and service of the motion to obtain a loan
3 described in paragraph (1). Notwithstanding the Federal
4 Rules of Bankruptcy Procedure, at such hearing, the court
5 may grant relief on a final basis.’’.
6 (b) ALLOWANCE OF ADMINISTRATIVE EXPENSES.—
7 Section 503(b) of title 11, United States Code, is amend-
8 ed—
9 (1) in paragraph (8)(B), by striking ‘‘and’’ at
10 the end;
11 (2) in paragraph (9), by striking the period at
14 ‘‘(10) any debt incurred under section
15 364(g)(1) of this title.’’.
16 (c) CONFIRMATION OF PLAN FOR REORGANIZA-
17 TION.—Section 1191 of title 11, United States Code, is
19 ‘‘(f) SPECIAL PROVISION RELATED TO COVID–19
20 PANDEMIC.—Notwithstanding section 1129(a)(9)(A) of
21 this title and subsection (e) of this section, a plan that
22 provides for payment of a claim of a kind specified in sec-
23 tion 503(b)(10) of this title may be confirmed under sub-
24 section (b) of this section if the plan proposes to make
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185
1 payments on account of such claim when due under the
2 terms of the loan giving rise to such claim.’’.
3 (d) CONFIRMATION OF PLAN FOR FAMILY FARMERS
4 AND FISHERMEN.—Section 1225 of title 11, United
6 lowing:
7 ‘‘(d) Notwithstanding section 1222(a)(2) of this title
8 and subsection (b)(1) of this section, a plan that provides
9 for payment of a claim of a kind specified in section
10 503(b)(10) of this title may be confirmed if the plan pro-
11 poses to make payments on account of such claim when
12 due under the terms of the loan giving rise to such
13 claim.’’.
14 (e) CONFIRMATION OF PLAN FOR INDIVIDUALS.—
15 Section 1325 of title 11, United States Code, is amended
17 ‘‘(d) Notwithstanding section 1322(a)(2) of this title
18 and subsection (b)(1) of this section, a plan that provides
19 for payment of a claim of a kind specified in section
20 503(b)(10) of this title may be confirmed if the plan pro-
21 poses to make payments on account of such claim when
22 due under the terms of the loan giving rise to such
23 claim.’’.
24 (f) EFFECTIVE DATE; SUNSET.—
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186
1 (1) EFFECTIVE DATE.—The amendments made
2 by subsections (a) through (e) shall—
3 (A) take effect on the date on which the
4 Administrator submits to the Director of the
5 Executive Office for United States Trustees a
6 written determination that, subject to satisfying
7 any other eligibility requirements, any debtor in
8 possession or trustee that is authorized to oper-
9 ate the business of the debtor under section
10 1183, 1184, 1203, 1204, or 1304 of title 11,
11 United States Code, would be eligible for a loan
12 under paragraphs (36) and (37) of section 7(a)
13 of the Small Business Act (15 U.S.C. 636(a));
14 and
15 (B) apply to any case pending on or com-
16 menced on or after the date described in sub-
17 paragraph (A).
18 (2) SUNSET.—
19 (A) IN GENERAL.—If the amendments
20 made by subsections (a) through (e) take effect
21 under paragraph (1), effective on the date that
22 is 2 years after the date of enactment of this
23 Act—
December 21, 2020 (9:35 a.m.)

187
1 (i) section 364 of title 11, United
2 States Code, is amended by striking sub-
3 section (g);
4 (ii) section 503(b) of title 11, United
5 States Code, is amended—
6 (I) in paragraph (8)(B), by add-
7 ing ‘‘and’’ at the end;
8 (II) in paragraph (9), by striking
9 ‘‘; and’’ at the end and inserting a pe-
10 riod; and
11 (III) by striking paragraph (10);
12 (iii) section 1191 of title 11, United
14 section (f);
15 (iv) section 1225 of title 11, United
17 section (d); and
18 (v) section 1325 of title 11, United
20 section (d).
21 (B) APPLICABILITY.—Notwithstanding the
22 amendments made by subparagraph (A) of this
23 paragraph, if the amendments made by sub-
24 sections (a) through (e) take effect under para-
25 graph (1) of this subsection, such amendments
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188
1 shall apply to any case under title 11, United
2 States Code, commenced before the date that is
3 2 years after the date of enactment of this Act.
4 SEC. 321. OVERSIGHT.
5 (a) COMPLIANCE WITH OVERSIGHT REQUIRE-

6 MENTS.—

8 graph (2), on and after the date of enactment of this
9 Act, the Administrator shall comply with any data
10 or information requests or inquiries made by the
11 Comptroller General of the United States not later
12 than 15 days (or such later date as the Comptroller
13 General may specify) after receiving the request or
14 inquiry.
15 (2) EXCEPTION.—If the Administrator is un-
16 able to comply with a request or inquiry described
17 in paragraph (1) before the applicable date described
18 in that paragraph, the Administrator shall, before
19 such applicable date, submit to the Committee on
20 Small Business and Entrepreneurship of the Senate
21 and the Committee on Small Business of the House
22 of Representatives a notification that includes a de-
23 tailed justification for the inability of the Adminis-
24 trator to comply with the request or inquiry.
December 21, 2020 (9:35 a.m.)

189
1 (b) TESTIMONY.—Not later than the date that is 120
2 days after the date of enactment of this Act, and not less
3 than twice each year thereafter until the date that is 2
4 years after the date of enactment of this Act, the Adminis-
5 trator and the Secretary of the Treasury shall testify be-
6 fore the Committee on Small Business and Entrepreneur-
7 ship of the Senate and the Committee on Small Business
8 of the House of Representatives regarding implementation
9 of this Act and the amendments made by this Act.
10 SEC. 322. CONFLICTS OF INTEREST.
11 (a) DEFINITIONS.—In this section:

12 (1) CONTROLLING INTEREST.—The term ‘‘con-
13 trolling interest’’ means owning, controlling, or hold-
14 ing not less than 20 percent, by vote or value, of the
15 outstanding amount of any class of equity interest in
16 an entity.
17 (2) COVERED ENTITY.—
18 (A) DEFINITION.—The term ‘‘covered enti-

19 ty’’ means an entity in which a covered indi-
20 vidual directly or indirectly holds a controlling
21 interest.
22 (B) TREATMENT OF SECURITIES.—For the
23 purpose of determining whether an entity is a
24 covered entity, the securities owned, controlled,
25 or held by 2 or more individuals who are related
December 21, 2020 (9:35 a.m.)

190
1 as described in paragraph (3)(B) shall be ag-
2 gregated.
3 (3) COVERED INDIVIDUAL.—The term ‘‘covered
4 individual’’ means—
5 (A) the President, the Vice President, the
6 head of an Executive department, or a Member
7 of Congress; and
8 (B) the spouse, as determined under appli-
9 cable common law, of an individual described in
10 subparagraph (A).
11 (4) EXECUTIVE DEPARTMENT.—The term ‘‘Ex-
12 ecutive department’’ has the meaning given the term
13 in section 101 of title 5, United States Code.
14 (5) MEMBER OF CONGRESS.—The term ‘‘Mem-
15 ber of Congress’’ means a Member of the Senate or
16 House of Representatives, a Delegate to the House
17 of Representatives, and the Resident Commissioner
18 from Puerto Rico.
19 (6) EQUITY INTEREST.—The term ‘‘equity in-
20 terest’’ means—
21 (A) a share in an entity, without regard to
22 whether the share is—
23 (i) transferable; or
24 (ii) classified as stock or anything
25 similar;
December 21, 2020 (9:35 a.m.)

191
1 (B) a capital or profit interest in a limited
2 liability company or partnership; or
3 (C) a warrant or right, other than a right
4 to convert, to purchase, sell, or subscribe to a
5 share or interest described in subparagraph (A)
6 or (B), respectively.
7 (b) REQUIREMENT FOR DISCLOSURE REGARDING
8 EXISTING LOANS.—For any loan under paragraph (36)
9 of section 7(a) of the Small Business Act (15 U.S.C.
10 636(a)) made to a covered entity before the date of enact-
11 ment of this Act—
12 (1) if, before the date of enactment of this Act,
13 the covered entity submitted an application for for-
14 giveness under section 1106 of the CARES Act (15
15 U.S.C. 9005) (as such section was in effect on the
16 day before the date of enactment of this Act) with
17 respect to such loan, not later than 30 days after
18 the date of enactment of this Act, the principal exec-
19 utive officer, or individual performing a similar func-
20 tion, of the covered entity shall disclose to the Ad-
21 ministrator that the entity is a covered entity; and
22 (2) if, on or after the date of enactment of this
23 Act, the covered entity submits an application for
24 forgiveness under section 7A of the Small Business
25 Act, as redesignated and transferred by section 304
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192
1 of this Act, with respect to such loan, not later than
2 30 days after submitting the application, the prin-
3 cipal executive officer, or individual performing a
4 similar function, of the covered entity shall disclose
5 to the Administrator that the entity is a covered en-
6 tity.
7 (c) BAN ON NEW LOANS.—On and after the date of
8 enactment of this Act, a loan under paragraph (36) or
9 (37) of section 7(a) of the Small Business Act (15 U.S.C.
10 636(a)), as added and amended by this Act, may not be
11 made to a covered entity.
12 SEC. 323. COMMITMENT AUTHORITY AND APPROPRIA-
13 TIONS.
14 (a) COMMITMENT AUTHORITY.—Section 1102(b) of

15 the CARES Act (Public Law 116–136) is amended—
17 (A) in the paragraph heading, by inserting
18 ‘‘AND SECOND DRAW’’ after ‘‘PPP’’;
19 (B) by striking ‘‘August 8, 2020’’ and in-
20 serting ‘‘March 31, 2021’’;
21 (C) by striking ‘‘paragraph (36)’’ and in-
22 serting ‘‘paragraphs (36) and (37)’’; and
23 (D) by striking ‘‘ $659,000,000,000’’ and
24 inserting ‘‘ $806,450,000,000’’; and
December 21, 2020 (9:35 a.m.)

193
1 ‘‘(3) 2021 7(a) LOAN PROGRAM LEVEL AND
2 FUNDING.—Notwithstanding the amount authorized

3 under the heading ‘Small Business Administration—
4 Business Loans Program Account’under the Finan-
5 cial Services and General Government Appropria-
6 tions Act, 2021 for commitments for general busi-
7 ness loans authorized under paragraphs (1) through
8 (35) of section 7(a) of the Small Business Act (15
9 U.S.C. 636(a)), commitments for general business
10 loans authorized under paragraphs (1) through (35)
11 of section 7(a) of the Small Business Act (15 U.S.C.
12 636(a)) shall not exceed $75,000,000,000 for a com-
13 bination of amortizing term loans and the aggre-
14 gated maximum line of credit provided by revolving
15 loans during the period beginning on the date of en-
16 actment of this Act and ending on September 30,
17 2021.’’.
18 (b) CLARIFICATION OF SECONDARY MARKET CAP.—
19 Section 1107(b) of the CARES Act (15 U.S.C. 9006(b))
20 is amended by inserting ‘‘with respect to loans under any
21 paragraph of section 7(a) of the Small Business Act (15
22 U.S.C. 636(a))’’ before ‘‘shall not exceed’’.
23 (c) RESCISSION.—With respect to unobligated bal-
24 ances under the heading ‘‘Small Business Administra-
25 tion—Business Loans Program Account, CARES Act’’ as
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194
1 of the day before the date of enactment of this Act,
2 $146,500,000,000 shall be rescinded and deposited into
3 the general fund of the Treasury.
4 (d) DIRECT APPROPRIATIONS.—
5 (1) NEW DIRECT APPROPRIATIONS FOR PPP
6 LOANS, SECOND DRAW LOANS, AND THE MBDA.—
7 There is appropriated, out of amounts in the Treas-

8 ury not otherwise appropriated, for the fiscal year
9 ending September 30, 2021, to remain available
10 until expended, for additional amounts—
11 (A) $284,450,000,000 under the heading
12 ‘‘Small Business Administration—Business
13 Loans Program Account, CARES Act’’, for the
14 cost of guaranteed loans as authorized under
15 paragraph (36) or (37) of section 7(a) of the
16 Small Business Act (15 U.S.C. 636(a)), as
17 amended and added by this Act, including the
18 cost of any modifications to any loans guaran-
19 teed under such paragraph (36) that were ap-
20 proved on or before August 8, 2020, of which—
21 (i) not less than $15,000,000,000
22 shall be for guaranteeing loans under such
23 paragraph (36) or (37) made by commu-
24 nity financial institutions, as defined in
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195
1 section 7(a)(36)(A) of the Small Business
2 Act (15 U.S.C. 636(a)(36)(A));
3 (ii) not less than $15,000,000,000
4 shall be for guaranteeing loans under such
5 paragraph (36) or (37) made by—
6 (I) insured depository institutions
7 (as defined in section 3 of the Federal
8 Deposit Insurance Act (12 U.S.C.
9 1813)) with consolidated assets of less
10 than $10,000,000,000;
11 (II) credit unions (as defined in
12 section 7(a)(36)(A) of the Small Busi-
13 ness Act (15 U.S.C. 636(a)(36)(A)))
14 with consolidated assets of less than
15 $10,000,000,000; or
16 (III) institutions of the Farm
17 Credit System chartered under the
18 Farm Credit Act of 1971 (12 U.S.C.
19 2001 et seq.) with consolidated assets
20 of less than $10,000,000,000 (not in-
21 cluding the Federal Agricultural
22 Mortgage Corporation);
23 (iii) not less than $15,000,000,000
24 shall be for guaranteeing loans under para-
25 graph (36) of section 7(a) of the Small
December 21, 2020 (9:35 a.m.)

196
1 Business Act (15 U.S.C. 636(a)), as
2 amended by this Act, that are—
3 (I) made to eligible recipients
4 with not more than 10 employees; or
5 (II) in an amount that is not
6 more than $250,000 and made to an
7 eligible recipient that is located in a
8 neighborhood that is a low-income
9 neighborhood or a moderate-income
10 neighborhood, for the purposes of the
11 Community Reinvestment Act of 1977
12 (12 U.S.C. 2901 et seq.);
13 (iv) not less than $35,000,000,000
16 Business Act (15 U.S.C. 636(a)), as
17 amended by this Act, to eligible recipients
18 that have not previously received a loan
19 under such paragraph (36); and
20 (v) not less than $25,000,000,000
23 Business Act (15 U.S.C. 636(a)), as added
24 by this Act, that are—
December 21, 2020 (9:35 a.m.)

197
1 (I) made to eligible entities with
2 not more than 10 employees; or
3 (II) in an amount that is not
4 more than $250,000 and made to an
5 eligible entity that is located in a
6 neighborhood that is a low-income
7 neighborhood or a moderate-income
8 neighborhood, for the purposes of the
9 Community Reinvestment Act of 1977
10 (12 U.S.C. 2901 et seq.);
11 (B) $25,000,000 under the heading ‘‘De-
12 partment of Commerce—Minority Business De-
13 velopment Agency’’ for the Minority Business
14 Development Centers Program, including Spe-
15 cialty Centers, for necessary expenses, including
16 any cost sharing requirements that may exist,
17 for assisting minority business enterprises to
18 prevent, prepare for, and respond to
19 coronavirus, including identifying and accessing
20 local, State, and Federal government assistance
21 related to such virus;
22 (C) $50,000,000 under the heading ‘‘Small
23 Business Administration—Salaries and Ex-
24 penses’’ for the cost of carrying out reviews and
25 audits of loans under subsection (l) of section
December 21, 2020 (9:35 a.m.)

198
1 7A of the Small Business Act, as redesignated,
2 transferred, and amended by this Act;
3 (D) $20,000,000,000 under the heading
4 ‘‘Small Business Administration—Targeted
5 EIDL Advance’’ to carry out section 331 of this
6 Act, of which $20,000,000 shall be made avail-
7 able to the Inspector General of the Small Busi-
8 ness Administration to prevent waste, fraud,
9 and abuse with respect to funding made avail-
10 able under that section;
11 (E) $57,000,000 for the program estab-
12 lished under section 7(m) of the Small Business
13 Act (15 U.S.C. 636(m)) of which—
14 (i) $50,000,000 shall be to provide
15 technical assistance grants under such sec-
16 tion 7(m) under the heading ‘‘Small Busi-
17 ness Administration—Entrepreneurial De-
18 velopment Programs’’; and
19 (ii) $7,000,000 shall be to provide di-
20 rect loans under such section 7(m) under
21 the heading ‘‘Small Business Administra-
22 tion—Business Loans Program Account’’;
23 (F) $1,918,000,000 under the heading
25 Loans Program Account’’ for the cost of guar-
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199
1 anteed loans as authorized by paragraphs (1)
2 through (35) of section 7(a) of the Small Busi-
3 ness Act (15 U.S.C. 636(a)), including the cost
4 of carrying out sections 326, 327, and 328 of
5 this Act;
6 (G) $3,500,000,000 under the heading
8 Loans Program Account, CARES Act’’ for car-
9 rying out section 325 of this Act; and
10 (H) $15,000,000,000 under the heading
11 ‘‘Small Business Administration—Shuttered
12 Venue Operators’’ to carry out section 324 of
13 this Act.
14 (2) MODIFICATION OF SET-ASIDES.—
15 (A) IN GENERAL.—Notwithstanding para-

16 graph (1)(A), if the Administrator makes the
17 determination described in subparagraph (B) of
18 this paragraph, the Administrator may reduce
19 the amount of any allocation under paragraph
20 (1)(A) to be such amount as the Administrator
21 may determine necessary.
22 (B) REQUIREMENTS FOR DETERMINA-
23 TION.—The determination described in this

24 subparagraph is a determination by the Admin-
25 istrator that—
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200
1 (i) is not made earlier than 25 days
2 after the date of enactment of this Act;
3 (ii) it is not reasonably expected that
4 a type of entity described in paragraph
5 (1)(A) will make, or receive, as applicable,
6 the minimum amount of loans necessary to
7 meet the applicable allocation under para-
8 graph(1)(A); and
9 (iii) it is reasonably expected that the
10 total amount of loans guaranteed under
11 paragraph (36) or (37) of section 7(a) of
13 636(a)), as amended and added by this
14 Act, will equal substantially all of the
15 amount permitted by available funds by
16 March 31, 2021.
17 (3) APPROPRIATIONS FOR THE OFFICE OF IN-
18 SPECTOR GENERAL.—
19 (A) IN GENERAL.—Effective on the date of

20 enactment of this Act, the remaining unobli-
21 gated balances of funds from amounts made
22 available for ‘‘Small Business Administration—
23 Office of Inspector General’’ under section
24 1107(a)(3) of the CARES Act (15 U.S.C.
25 9006(a)(3)), are hereby rescinded.
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201
1 (B) FUNDING.—
2 (i) IN GENERAL.—There is appro-
3 priated, for an additional amount, for the
4 fiscal year ending September 30, 2021, out
5 of amounts in the Treasury not otherwise
6 appropriated, an amount equal to the
7 amount rescinded under subparagraph (A),
8 to remain available until expended, under
9 the heading ‘‘Small Business Administra-
10 tion—Office of Inspector General’’.
11 (ii) USE OF FUNDS.—The amounts
12 made available under clause (i) shall be
13 available for the same purposes, in addi-
14 tion to other funds as may be available for
15 such purposes, and under the same au-
16 thorities as the amounts made available
17 under section 1107(a)(3) of the CARES
18 Act (15 U.S.C. 9006(a)(3)).
19 SEC. 324. GRANTS FOR SHUTTERED VENUE OPERATORS.

21 (1) ELIGIBLE PERSON OR ENTITY.—
22 (A) IN GENERAL.—The term ‘‘eligible per-

23 son or entity’’ means a live venue operator or
24 promoter, theatrical producer, or live per-
25 forming arts organization operator, a relevant
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202
1 museum operator, a motion picture theatre op-
2 erator, or a talent representative that meets the
4 (i) The live venue operator or pro-
5 moter, theatrical producer, or live per-
6 forming arts organization operator, the rel-
7 evant museum operator, the motion picture
8 theatre operator, or the talent representa-
9 tive—
10 (I) was fully operational as a live
11 venue operator or promoter, theatrical
12 producer, or live performing arts or-
13 ganization operator, a relevant mu-
14 seum operator, a motion picture the-
15 atre operator, or a talent representa-
16 tive on February 29, 2020; and
17 (II) has gross earned revenue
18 during the first, second, third, or, only
19 with respect to an application sub-
20 mitted on or after January 1, 2021,
21 fourth quarter in 2020 that dem-
22 onstrates not less than a 25 percent
23 reduction from the gross earned rev-
24 enue of the live venue operator or pro-
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203
1 forming arts organization operator,
2 the relevant museum operator, the
3 motion picture theatre operator, or
4 the talent representative during the
5 same quarter in 2019.
6 (ii) As of the date of the grant under
7 this section—
8 (I) the live venue operator or
9 promoter, theatrical producer, or live
10 performing arts organization operator
11 is or intends to resume organizing,
12 promoting, producing, managing, or
13 hosting future live events described in
14 paragraph (3)(A)(i);
15 (II) the motion picture theatre
16 operator is open or intends to reopen
17 for the primary purpose of public ex-
18 hibition of motion pictures;
19 (III) the relevant museum oper-
20 ator is open or intends to reopen; or
21 (IV) the talent representative is
22 representing or managing artists and
23 entertainers.
24 (iii) The venues at which the live
25 venue operator or promoter, theatrical pro-
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204
1 ducer, or live performing arts organization
2 operator promotes, produces, manages, or
3 hosts events described in paragraph
4 (3)(A)(i) or the artists and entertainers
5 represented or managed by the talent rep-
6 resentative perform have the following
7 characteristics:
8 (I) A defined performance and
9 audience space.
10 (II) Mixing equipment, a public
11 address system, and a lighting rig.
12 (III) Engages 1 or more individ-
13 uals to carry out not less than 2 of
14 the following roles:
15 (aa) A sound engineer.
16 (bb) A booker.
17 (cc) A promoter.
18 (dd) A stage manager.
19 (ee) Security personnel.
20 (ff) A box office manager.
21 (IV) There is a paid ticket or
22 cover charge to attend most perform-
23 ances and artists are paid fairly and
24 do not play for free or solely for tips,
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205
1 except for fundraisers or similar char-
2 itable events.
3 (V) For a venue owned or oper-
4 ated by a nonprofit entity that pro-
5 duces free events, the events are pro-
6 duced and managed primarily by paid
7 employees, not by volunteers.
8 (VI) Performances are marketed
9 through listings in printed or elec-
10 tronic publications, on websites, by
11 mass email, or on social media.
12 (iv) A motion picture theatre or mo-
13 tion picture theatres operated by the mo-
14 tion picture theatre operator have the fol-
15 lowing characteristics:
16 (I) At least 1 auditorium that in-
17 cludes a motion picture screen and
18 fixed audience seating.
19 (II) A projection booth or space
20 containing not less than 1 motion pic-
21 ture projector.
22 (III) A paid ticket charge to at-
23 tend exhibition of motion pictures.
24 (IV) Motion picture exhibitions
25 are marketed through showtime list-
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206
1 ings in printed or electronic publica-
2 tions, on websites, by mass mail, or
3 on social media.
4 (v) The relevant museum or relevant
5 museums for which the relevant museum
6 operator is seeking a grant under this sec-
7 tion have the following characteristics:
8 (I) Serving as a relevant museum
9 as its principal business activity.
10 (II) Indoor exhibition spaces that
11 are a component of the principal busi-
12 ness activity and which have been sub-
13 jected to pandemic-related occupancy
14 restrictions.
15 (III) At least 1 auditorium, the-
16 ater, or performance or lecture hall
17 with fixed audience seating and reg-
18 ular programming.
19 (vi)(I) The live venue operator or pro-
24 tive does not have, or is not majority
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207
1 owned or controlled by an entity with, any
2 of the following characteristics:
3 (aa) Being an issuer, the securi-
4 ties of which are listed on a national
5 securities exchange.
6 (bb) Receiving more than 10 per-
7 cent of gross revenue from Federal
8 funding during 2019, excluding
9 amounts received by the live venue op-
10 erator or promoter, theatrical pro-
11 ducer, or live performing arts organi-
12 zation operator, the relevant museum
13 operator, the motion picture theatre
14 operator, or the talent representative
15 under the Robert T. Stafford Disaster
16 Relief and Emergency Assistance Act
17 (42 U.S.C. 5121 et seq.).
18 (II) The live venue operator or pro-
23 tive does not have, or is not majority
24 owned or controlled by an entity with,
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208
1 more than 2 of the following characteris-
2 tics:
3 (aa) Owning or operating venues,
4 relevant museums, motion picture the-
5 atres, or talent agencies or talent
6 management companies in more than
7 1 country.
8 (bb) Owning or operating venues,
9 relevant museums, motion picture the-
10 atres, or talent agencies or talent
11 management companies in more than
12 10 States.
13 (cc) Employing more than 500
14 employees as of February 29, 2020,
15 determined on a full-time equivalent
16 basis in accordance with subpara-
17 graph (C).
18 (III) The live venue operator or pro-
23 tive has not received, on or after the date
24 of enactment of this Act, a loan guaran-
25 teed under paragraph (36) or (37) of sec-
December 21, 2020 (9:35 a.m.)

209
1 tion 7(a) of the Small Business Act (15
2 U.S.C. 636(a)), as amended and added by
3 this division.
4 (IV) For purposes of applying the
5 characteristics described in subclauses (I),
6 (II), and (III) to an entity owned by a
7 State or a political subdivision of a State,
8 the relevant entity—
9 (aa) shall be the live venue oper-
10 ator or promoter, theatrical producer,
11 or live performing arts organization
12 operator, the relevant museum oper-
13 ator, the motion picture theatre oper-
14 ator, or the talent representative; and
15 (bb) shall not include entities of
16 the State or political subdivision other
17 than the live venue operator or pro-
19 forming arts organization operator,
20 the relevant museum operator, the
21 motion picture theatre operator, or
22 the talent representative.
23 (B) EXCLUSION.—The term ‘‘eligible per-
24 son or entity’’ shall not include a live venue op-
25 erator or promoter, theatrical producer, or live
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210
1 performing arts organization operator, a rel-
2 evant museum operator, a motion picture the-
3 atre operator, or a talent representative that—
4 (i) presents live performances of a
5 prurient sexual nature; or
6 (ii) derives, directly or indirectly, more
7 than de minimis gross revenue through the
8 sale of products or services, or the presen-
9 tation of any depictions or displays, of a
10 prurient sexual nature.
11 (C) CALCULATION OF FULL-TIME EMPLOY-
12 EES.—For purposes of determining the number

13 of full-time equivalent employees under sub-
14 paragraph (A)(vi)(II)(cc) of this paragraph and
15 under paragraph (2)(E)—
16 (i) any employee working not fewer
17 than 30 hours per week shall be considered
18 a full-time employee; and
19 (ii) any employee working not fewer
20 than 10 hours and fewer than 30 hours
21 per week shall be counted as one-half of a
22 full-time employee.
23 (D) MULTIPLE BUSINESS ENTITIES.—
24 Each business entity of an eligible person or en-

25 tity that also meets the requirements under
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211
1 subparagraph (A) and that is not described in
2 subparagraph (B) shall be treated by the Ad-
3 ministrator as an independent, non-affiliated
4 entity for the purposes of this section.
5 (2) EXCHANGE; ISSUER; SECURITY.—The terms
6 ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the
7 meanings given those terms in section 3(a) of the
8 Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).
9 (3) LIVE VENUE OPERATOR OR PROMOTER,
10 THEATRICAL PRODUCER, OR LIVE PERFORMING
11 ARTS ORGANIZATION OPERATOR.—The term ‘‘live

12 venue operator or promoter, theatrical producer, or
13 live performing arts organization operator’’—
14 (A) means—
15 (i) an individual or entity—
16 (I) that, as a principal business
17 activity, organizes, promotes, pro-
18 duces, manages, or hosts live concerts,
19 comedy shows, theatrical productions,
20 or other events by performing artists
21 for which—
22 (aa) a cover charge through
23 ticketing or front door entrance
24 fee is applied; and
December 21, 2020 (9:35 a.m.)

212
1 (bb) performers are paid in
2 an amount that is based on a
3 percentage of sales, a guarantee
4 (in writing or standard contract),
5 or another mutually beneficial
6 formal agreement; and
7 (II) for which not less than 70
8 percent of the earned revenue of the
9 individual or entity is generated
10 through, to the extent related to a live
11 event described in subclause (I), cover
12 charges or ticket sales, production
13 fees or production reimbursements,
14 nonprofit educational initiatives, or
15 the sale of event beverages, food, or
16 merchandise; or
17 (ii) an individual or entity that, as a
18 principal business activity, makes available
19 for purchase by the public an average of
20 not less than 60 days before the date of
21 the event tickets to events—
22 (I) described in clause (i)(I); and
23 (II) for which performers are
24 paid in an amount that is based on a
25 percentage of sales, a guarantee (in
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213
1 writing or standard contract), or an-
2 other mutually beneficial formal
3 agreement; and
4 (B) includes an individual or entity de-
5 scribed in subparagraph (A) that—
6 (i) operates for profit;
7 (ii) is a nonprofit organization;
8 (iii) is government-owned; or
9 (iv) is a corporation, limited liability
10 company, or partnership or operated as a
11 sole proprietorship.
12 (4) MOTION PICTURE THEATRE OPERATOR.—
13 The term ‘‘motion picture theatre operator’’ means

14 an individual or entity that—
15 (A) as the principal business activity of the
16 individual or entity, owns or operates at least 1
17 place of public accommodation for the purpose
18 of motion picture exhibition for a fee; and
19 (B) includes an individual or entity de-
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214
4 (5) NATIONAL SECURITIES EXCHANGE.—The
5 term ‘‘national securities exchange’’ means an ex-

6 change registered as a national securities exchange
7 under section 6 of the Securities Exchange Act of
8 1934 (15 U.S.C. 78f).
9 (6) NONPROFIT.—The term ‘‘nonprofit’’, with
10 respect to an organization, means that the organiza-
11 tion is exempt from taxation under section 501(a) of
12 the Internal Revenue Code of 1986.
13 (7) RELEVANT MUSEUM.—The term ‘‘relevant
14 museum’’—
15 (A) has the meaning given the term ‘‘mu-
16 seum’’ in section 273 of the Museum and Li-
17 brary Services Act (20 U.S.C. 9172); and
18 (B) shall not include any entity that is or-
19 ganized as a for-profit entity.
20 (8) SEASONAL EMPLOYER.—The term ‘‘sea-
21 sonal employer’’ has the meaning given that term in
22 subparagraph (A) of section 7(a)(36) of the Small
23 Business Act (15 U.S.C. 636(a)), as amended by
24 this Act.
25 (9) STATE.—The term ‘‘State’’ means—
December 21, 2020 (9:35 a.m.)

215
1 (A) a State;
2 (B) the District of Columbia;
3 (C) the Commonwealth of Puerto Rico;
4 and
5 (D) any other territory or possession of the
6 United States.
7 (10) TALENT REPRESENTATIVE.—The term
8 ‘‘talent representative’’—
9 (A) means an agent or manager that—
10 (i) as not less than 70 percent of the
11 operations of the agent or manager, is en-
12 gaged in representing or managing artists
13 and entertainers;
14 (ii) books or represents musicians, co-
15 medians, actors, or similar performing art-
16 ists primarily at live events in venues or at
17 festivals; and
18 (iii) represents performers described
19 in clause (ii) that are paid in an amount
20 that is based on the number of tickets sold,
21 or a similar basis; and
22 (B) includes an agent or manager de-
December 21, 2020 (9:35 a.m.)

216
5 (b) AUTHORITY.—
6 (1) IN GENERAL.—
7 (A) ADMINISTRATION.—The Associate Ad-

8 ministrator for the Office of Disaster Assist-
9 ance of the Administration shall coordinate and
10 formulate policies relating to the administration
11 of grants made under this section.
12 (B) CERTIFICATION OF NEED.—An eligible
13 person or entity applying for a grant under this
14 section shall submit a good faith certification
15 that the uncertainty of current economic condi-
16 tions makes necessary the grant to support the
17 ongoing operations of the eligible person or en-
18 tity.
19 (2) INITIAL GRANTS.—
20 (A) IN GENERAL.—The Administrator may

21 make initial grants to eligible persons or enti-
22 ties in accordance with this section.
23 (B) INITIAL PRIORITIES FOR AWARDING
24 GRANTS.—
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217
1 (i) FIRST PRIORITY IN AWARDING
2 GRANTS.—During the initial 14-day period

3 during which the Administrator awards
4 grants under this paragraph, the Adminis-
5 trator shall only award grants to an eligi-
6 ble person or entity with revenue, during
7 the period beginning on April 1, 2020 and
8 ending on December 31, 2020, that is not
9 more than 10 percent of the revenue of the
10 eligible person or entity during the period
11 beginning on April 1, 2019 and ending on
12 December 31, 2019, due to the COVID–19
13 pandemic.
14 (ii) SECOND PRIORITY IN AWARDING
15 GRANTS.—During the 14-day period imme-

16 diately following the 14-day period de-
17 scribed in clause (i), the Administrator
18 shall only award grants to an eligible per-
19 son or entity with revenue, during the pe-
20 riod beginning on April 1, 2020 and end-
21 ing on December 31, 2020, that is not
22 more than 30 percent of the revenue of the
23 eligible person or entity during the period
24 beginning on April 1, 2019 and ending on
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218
1 December 31, 2019, due to the COVID–19
2 pandemic.
3 (iii) DETERMINATION OF REVENUE.—
4 For purposes of clauses (i) and (ii)—

5 (I) any amounts received by an
6 eligible person or entity under the
7 CARES Act (Public Law 116–136;
8 134 Stat. 281) or an amendment
9 made by the CARES Act shall not be
10 counted as revenue of an eligible per-
11 son or entity;
12 (II) the Administrator shall use
13 an accrual method of accounting for
14 determining revenue; and
15 (III) the Administrator may use
16 alternative methods to establish rev-
17 enue losses for an eligible person or
18 entity that is a seasonal employer and
19 that would be adversely impacted if
20 January, February, and March are
21 excluded from the calculation of year-
22 over-year revenues.
23 (iv) LIMIT ON USE OF AMOUNTS FOR
24 PRIORITY APPLICANTS.—The Adminis-

25 trator may use not more than 80 percent
December 21, 2020 (9:35 a.m.)

219
1 of the amounts appropriated under section
2 323(d)(1)(H) of this Act to carry out this
3 section to make initial grants under this
4 paragraph to eligible persons or entities
5 described in clause (i) or (ii) of this sub-
6 paragraph that apply for a grant under
7 this paragraph during the initial 28-day
8 period during which the Administrator
9 awards grants under this paragraph.
10 (C) GRANTS AFTER PRIORITY PERIODS.—
11 After the end of the initial 28-day period during

12 which the Administrator awards grants under
13 this paragraph, the Administrator may award
14 an initial grant to any eligible person or entity.
15 (D) LIMITS ON NUMBER OF INITIAL
16 GRANTS TO AFFILIATES.—Not more than 5

17 business entities of an eligible person or entity
18 that would be considered affiliates under the af-
19 filiation rules of the Administration may receive
20 a grant under this paragraph.
21 (E) SET-ASIDE FOR SMALL EMPLOYERS.—
22 (i) IN GENERAL.—Subject to clause

23 (ii), not less than $2,000,000,000 of the
24 total amount of grants made available
25 under this paragraph shall be awarded to
December 21, 2020 (9:35 a.m.)

220
1 eligible persons or entities which employ
2 not more than 50 full-time employees, de-
3 termined in accordance with subsection
4 (a)(1)(C).
5 (ii) TIME LIMIT.—Clause (i) shall not
6 apply on and after the date that is 60 days
7 after the Administrator begins awarding
8 grants under this section and, on and after
9 such date, amounts available for grants
10 under this section may be used for grants
11 under this section to any eligible person or
12 entity.
13 (3) SUPPLEMENTAL GRANTS.—
14 (A) IN GENERAL.—Subject to subpara-

15 graph (B), the Administrator may make a sup-
16 plemental grant in accordance with this section
17 to an eligible person or entity that receives a
18 grant under paragraph (2) if, as of April 1,
19 2021, the revenues of the eligible person or en-
20 tity for the most recent calendar quarter are
21 not more than 30 percent of the revenues of the
22 eligible person or entity for the corresponding
23 calendar quarter during 2019 due to the
24 COVID–19 pandemic.
December 21, 2020 (9:35 a.m.)

221
1 (B) PROCESSING TIMELY INITIAL GRANT
2 APPLICATIONS FIRST.—The Administrator may

3 not award a supplemental grant under subpara-
4 graph (A) until the Administrator has com-
5 pleted processing (including determining wheth-
6 er to award a grant) each application for an ini-
7 tial grant under paragraph (2) that is sub-
8 mitted by an eligible person or entity on or be-
9 fore the date that is 60 days after the date on
10 which the Administrator begins accepting such
11 applications.
12 (4) CERTIFICATION.—An eligible person or en-
13 tity applying for a grant under this section that is
14 an eligible business described in the matter pre-
15 ceding subclause (I) of section 4003(c)(3)(D)(i) of
16 the CARES Act (15 U.S.C. 9042(c)(3)(D)(i)), shall
17 make a good-faith certification described in sub-
18 clauses (IX) and (X) of such section.
19 (c) AMOUNT.—
20 (1) INITIAL GRANTS.—
21 (A) IN GENERAL.—A grant under sub-

22 section (b)(2) shall be in the amount equal to
23 the lesser of—
24 (i)(I) for an eligible person or entity
25 that was in operation on January 1, 2019,
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222
1 the amount equal to 45 percent of the
2 gross earned revenue of the eligible person
3 or entity during 2019; or
4 (II) for an eligible person or entity
5 that began operations after January 1,
6 2019, the amount equal to the product ob-
7 tained by multiplying—
8 (aa) the average monthly gross
9 earned revenue for each full month
10 during which the eligible person or en-
11 tity was in operation during 2019; by
12 (bb) 6; or
13 (ii) $10,000,000.
14 (B) APPLICATION TO RELEVANT MUSEUM
15 OPERATORS.—A relevant museum operator may

16 not receive grants under subsection (b)(2) in a
17 total amount that is more than $10,000,000
18 with respect to all relevant museums operated
19 by the relevant museum operator.
20 (2) SUPPLEMENTAL GRANTS.—A grant under
21 subsection (b)(3) shall be in the amount equal to 50
22 percent of the grant received by the eligible person
23 or entity under subsection (b)(2).
24 (3) OVERALL MAXIMUMS.—The total amount of
25 grants received under paragraphs (2) and (3) of
December 21, 2020 (9:35 a.m.)

223
1 subsection (b) by an eligible person or entity shall be
2 not more than $10,000,000.
3 (d) USE OF FUNDS.—
4 (1) TIMING.—
5 (A) EXPENSES INCURRED.—
6 (i) IN GENERAL.—Except as provided

7 in clause (ii), amounts received under a
8 grant under this section may be used for
9 costs incurred during the period beginning
10 on March 1, 2020, and ending on Decem-
11 ber 31, 2021.
12 (ii) EXTENSION FOR SUPPLEMENTAL
13 GRANTS.—If an eligible person or entity

14 receives a grant under subsection (b)(3),
15 amounts received under either grant under
16 this section may be used for costs incurred
17 during the period beginning on March 1,
18 2020, and ending on June 30, 2022.
19 (B) EXPENDITURE.—
20 (i) IN GENERAL.—Except as provided
21 in clause (ii), an eligible person or entity
22 shall return to the Administrator any
23 amounts received under a grant under this
24 section that are not expended on or before
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224
1 the date that is 1 year after the date of
2 disbursement of the grant.
3 (ii) EXTENSION FOR SUPPLEMENTAL
4 GRANTS.—If an eligible person or entity

5 receives a grant under subsection (b)(3),
6 the eligible person or entity shall return to
7 the Administrator any amounts received
8 under either grant under this section that
9 are not expended on or before the date
10 that is 18 months after the date of dis-
11 bursement to the eligible person or entity
12 of the grant under subsection (b)(2).
13 (2) ALLOWABLE EXPENSES.—
14 (A) DEFINITIONS.—In this paragraph—

15 (i) the terms ‘‘covered mortgage obli-
16 gation’’, ‘‘covered rent obligation’’, ‘‘cov-
17 ered utility payment’’, and ‘‘covered worker
18 protection expenditure’’ have the meanings
19 given those terms in section 7A(a) of the
20 Small Business Act, as redesignated,
21 transferred, and amended by this Act; and
22 (ii) the term ‘‘payroll costs’’ has the
23 meaning given that term in section
24 7(a)(36)(A) of the Small Business Act (15
25 U.S.C. 636(a)(36)(A).
December 21, 2020 (9:35 a.m.)

225
1 (B) EXPENSES.—An eligible person or en-
2 tity may use amounts received under a grant
3 under this section for—
4 (i) payroll costs;
5 (ii) payments on any covered rent ob-
6 ligation;
7 (iii) any covered utility payment;
8 (iv) scheduled payments of interest or
9 principal on any covered mortgage obliga-
10 tion (which shall not include any prepay-
11 ment of principal on a covered mortgage
12 obligation);
13 (v) scheduled payments of interest or
14 principal on any indebtedness or debt in-
15 strument (which shall not include any pre-
16 payment of principal) incurred in the ordi-
17 nary course of business that is a liability of
18 the eligible person or entity and was in-
19 curred prior to February 15, 2020;
20 (vi) covered worker protection expend-
21 itures;
22 (vii) payments made to independent
23 contractors, as reported on Form–1099
24 MISC, not to exceed a total of $100,000 in
25 annual compensation for any individual
December 21, 2020 (9:35 a.m.)

226
1 employee of an independent contractor;
2 and
3 (viii) other ordinary and necessary
4 business expenses, including—
5 (I) maintenance expenses;
6 (II) administrative costs, includ-
7 ing fees and licensing costs;
8 (III) State and local taxes and
9 fees;
10 (IV) operating leases in effect as
11 of February 15, 2020;
12 (V) payments required for insur-
13 ance on any insurance policy; and
14 (VI) advertising, production
15 transportation, and capital expendi-
16 tures related to producing a theatrical
17 or live performing arts production,
18 concert, exhibition, or comedy show,
19 except that a grant under this section
20 may not be used primarily for such
21 expenditures.
22 (3) PROHIBITED EXPENSES.—An eligible per-
23 son or entity may not use amounts received under
24 a grant under this section—
25 (A) to purchase real estate;
December 21, 2020 (9:35 a.m.)

227
1 (B) for payments of interest or principal
2 on loans originated after February 15, 2020;
3 (C) to invest or re-lend funds;
4 (D) for contributions or expenditures to, or
5 on behalf of, any political party, party com-
6 mittee, or candidate for elective office; or
7 (E) for any other use as may be prohibited
8 by the Administrator.
9 (e) INCREASED OVERSIGHT OF SHUTTERED VENUE
10 OPERATOR GRANTS.—The Administrator shall increase
11 oversight of eligible persons and entities receiving grants
12 under this section, which may include the following:
13 (1) DOCUMENTATION.—Additional documenta-
14 tion requirements that are consistent with the eligi-
15 bility and other requirements under this section, in-
16 cluding requiring an eligible person or entity that re-
17 ceives a grant under this section to retain records
18 that document compliance with the requirements for
19 grants under this section—
20 (A) with respect to employment records,
21 for the 4-year period following receipt of the
22 grant; and
23 (B) with respect to other records, for the
24 3-year period following receipt of the grant.
December 21, 2020 (9:35 a.m.)

228
1 (2) REVIEWS OF USE.—Reviews of the use of
2 the grant proceeds by an eligible person or entity to
3 ensure compliance with requirements established
4 under this section and by the Administrator, includ-
5 ing that the Administrator may—
6 (A) review and audit grants under this sec-
7 tion; and
8 (B) in the case of fraud or other material
9 noncompliance with respect to a grant under
10 this section—
11 (i) require repayment of misspent
12 funds; or
13 (ii) pursue legal action to collect
14 funds.
15 (f) SHUTTERED VENUE OVERSIGHT AND AUDIT
16 PLAN.—
18 the date of enactment of this Act, the Administrator
19 shall submit to the Committee on Small Business
20 and Entrepreneurship of the Senate and the Com-
21 mittee on Small Business of the House of Rep-
22 resentatives an audit plan that details—
23 (A) the policies and procedures of the Ad-
24 ministrator for conducting oversight and audits
25 of grants under this section; and
December 21, 2020 (9:35 a.m.)

229
1 (B) the metrics that the Administrator
2 shall use to determine which grants under this
3 section will be audited pursuant to subsection
4 (e).
5 (2) REPORTS.—Not later than 60 days after
6 the date of enactment of this Act, and each month
7 thereafter until the date that is 1 year after the date
8 on which all amounts made available under section
9 323(d)(1)(H) of this Act have been expended, the
10 Administrator shall submit to the Committee on
11 Small Business and Entrepreneurship of the Senate
12 and the Committee on Small Business of the House
13 of Representatives a report on the oversight and
14 audit activities of the Administrator under this sub-
15 section, which shall include—
16 (A) the total number of initial grants ap-
17 proved and disbursed;
18 (B) the total amount of grants received by
19 each eligible person or entity, including any
20 supplemental grants;
21 (C) the number of active investigations and
22 audits of grants under this section;
23 (D) the number of completed reviews and
24 audits of grants under this section, including a
December 21, 2020 (9:35 a.m.)

230
1 description of any findings of fraud or other
2 material noncompliance.
3 (E) any substantial changes made to the
4 oversight and audit plan submitted under para-
5 graph (1).
6 SEC. 325. EXTENSION OF THE DEBT RELIEF PROGRAM.

8 (15 U.S.C. 9011) is amended—
9 (1) in subsection (c)—
10 (A) by striking paragraph (1) and insert-
12 ‘‘(1) IN GENERAL.—Subject to the other provi-
13 sions of this section, the Administrator shall pay the
14 principal, interest, and any associated fees that are
15 owed on a covered loan in a regular servicing status,
16 without regard to the date on which the covered loan
17 is fully disbursed, and subject to availability of
18 funds, as follows:
19 ‘‘(A) With respect to a covered loan made
20 before the date of enactment of this Act and
21 not on deferment, the Administrator shall make
22 those payments as follows:
23 ‘‘(i) The Administrator shall make
24 those payments for the 6-month period be-
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231
1 ginning with the next payment due on the
2 covered loan.
3 ‘‘(ii) In addition to the payments
4 under clause (i)—
5 ‘‘(I) with respect to a covered
6 loan other than a covered loan de-
7 scribed in paragraph (1)(A)(i) or (2)
8 of subsection (a), the Administrator
9 shall make those payments for—
10 ‘‘(aa) the 3-month period
11 beginning with the first payment
12 due on the covered loan on or
13 after February 1, 2021; and
14 ‘‘(bb) an additional 5-month
15 period immediately following the
16 end of the 3-month period pro-
17 vided under item (aa) if the cov-
18 ered loan is made to a borrower
19 that, according to records of the
20 Administration, is assigned a
21 North American Industry Classi-
22 fication System code beginning
23 with 61, 71, 72, 213, 315, 448,
24 451, 481, 485, 487, 511, 512,
25 515, 532, or 812; and
December 21, 2020 (9:35 a.m.)

232
1 ‘‘(II) with respect to a covered
2 loan described in paragraph (1)(A)(i)
3 or (2) of subsection (a), the Adminis-
4 trator shall make those payments for
5 the 8-month period beginning with the
6 first payment due on the covered loan
7 on or after February 1, 2021.
8 ‘‘(B) With respect to a covered loan made
9 before the date of enactment of this Act and on
10 deferment, the Administrator shall make those
11 payments as follows:
12 ‘‘(i) The Administrator shall make
13 those payments for the 6-month period be-
14 ginning with the next payment due on the
15 covered loan after the deferment period.
16 ‘‘(ii) In addition to the payments
17 under clause (i)—
18 ‘‘(I) with respect to a covered
19 loan other than a covered loan de-
21 of subsection (a), the Administrator
22 shall make those payments for—
23 ‘‘(aa) the 3-month period
24 (beginning on or after February
December 21, 2020 (9:35 a.m.)

233
1 1, 2021) beginning with the later
2 of—
3 ‘‘(AA) the next pay-
4 ment due on the covered
5 loan after the deferment pe-
6 riod; or
7 ‘‘(BB) the first month
8 after the Administrator has
9 completed the payments
10 under clause (i); and
11 ‘‘(bb) an additional 5-month
12 period immediately following the
13 end of the 3-month period pro-
14 vided under item (aa) if the cov-
15 ered loan is made to a borrower
16 that, according to records of the
17 Administration, is assigned a
18 North American Industry Classi-
19 fication System code beginning
20 with 61, 71, 72, 213, 315, 448,
21 451, 481, 485, 487, 511, 512,
22 515, 532, or 812; and
23 ‘‘(II) with respect to a loan de-
25 of subsection (a), the 8-month period
December 21, 2020 (9:35 a.m.)

234
1 (beginning on or after February 1,
2 2021) beginning with the later of—
3 ‘‘(aa) the next payment due
4 on the covered loan after the
5 deferment period; or
6 ‘‘(bb) the first month after
7 the payments under clause (i) are
8 complete.
9 ‘‘(C) With respect to a covered loan made
10 during the period beginning on the date of en-
11 actment of this Act and ending on the date that
12 is 6 months after such date of enactment, for
13 the 6-month period beginning with the first
14 payment due on the covered loan.
15 ‘‘(D) With respect to a covered loan ap-
16 proved during the period beginning on Feb-
17 ruary 1, 2021, and ending on September 30,
18 2021, for the 6-month period beginning with
19 the first payment due on the covered loan.’’;
20 and
22 ‘‘(4) LIMITATION.—
23 ‘‘(A) IN GENERAL.—No single monthly
24 payment of principal, interest, and associated
25 fees made by the Administrator under subpara-
December 21, 2020 (9:35 a.m.)

235
1 graph (A)(ii), (B)(ii), or (D) of paragraph (1)
2 with respect to a covered loan may be in a total
3 amount that is more than $9,000.
4 ‘‘(B) TREATMENT OF ADDITIONAL
5 AMOUNTS OWED.—If, for a month, the total

6 amount of principal, interest, and associated
7 fees that are owed on a covered loan for which
8 the Administration makes payments under
9 paragraph (1) is more than $9,000 the Admin-
10 istrator may require the lender with respect to
11 the covered loan to add the amount by which
12 those costs exceed $9,000 for that month as in-
13 terest to be paid by the borrower with respect
14 to the covered loan at the end of the loan pe-
15 riod.
16 ‘‘(5) ADDITIONAL PROVISIONS FOR NEW
17 LOANS.—With respect to a loan described in para-

18 graph (1)(C)—
19 ‘‘(A) the Administrator may further extend
20 the period described in paragraph (1)(C) if
21 there are sufficient funds to continue those pay-
22 ments; and
23 ‘‘(B) during the underwriting process, a
24 lender of such a loan may consider the pay-
25 ments under this section as part of a com-
December 21, 2020 (9:35 a.m.)

236
1 prehensive review to determine the ability to
2 repay over the entire period of maturity of the
3 loan.
4 ‘‘(6) ELIGIBILITY.—Eligibility for a covered
5 loan to receive such payments of principal, interest,
6 and any associated fees under this subsection shall
7 be based on the date on which the covered loan is
8 approved by the Administration.
9 ‘‘(7) AUTHORITY TO REVISE EXTENSIONS.—
10 ‘‘(A) IN GENERAL.—The Administrator

11 shall monitor whether amounts made available
12 to make payments under this subsection are
13 sufficient to make the payments for the periods
14 described in paragraph (1).
15 ‘‘(B) PLAN.—If the Administrator deter-
16 mines under subparagraph (A) that the
17 amounts made available to make payments
18 under this subsection are insufficient, the Ad-
19 ministrator shall—
20 ‘‘(i) develop a plan to proportionally
21 reduce the number of months provided for
22 each period described in paragraph (1),
23 while ensuring all amounts made available
24 to make payments under this subsection
25 are fully expended; and
December 21, 2020 (9:35 a.m.)

237
1 ‘‘(ii) before taking action under the
2 plan developed under clause (i), submit to
3 Congress a report regarding the plan,
4 which shall include the data that informs
5 the plan.
6 ‘‘(8) ADDITIONAL REQUIREMENTS.—With re-
7 spect to the payments made under this subsection—
8 ‘‘(A) no lender may charge a late fee to a
9 borrower with respect to a covered loan during
10 any period in which the Administrator makes
11 payments with respect to the covered loan
12 under paragraph (1); and
13 ‘‘(B) the Administrator shall, with respect
14 to a covered loan, make all payments with re-
15 spect to the covered loan under paragraph (1)
16 not later than the 15th day of the applicable
17 month.
18 ‘‘(9) RULE OF CONSTRUCTION.—Except as pro-
19 vided in paragraph (4), nothing in this subsection
20 may be construed to preclude a borrower from re-
21 ceiving full payments of principal, interest, and any
22 associated fees authorized under this subsection with
23 respect to a covered loan.’’;
24 (2) by redesignating subsection (f) as sub-
25 section (i); and
December 21, 2020 (9:35 a.m.)

238
1 (3) by inserting after subsection (e) the fol-
2 lowing:
3 ‘‘(f) ELIGIBILITY FOR NEW LOANS.—For each indi-
4 vidual lending program under this section, the Adminis-
5 trator may establish a minimum loan maturity period, tak-
6 ing into consideration the normal underwriting require-
7 ments for each such program, with the goal of preventing
8 abuse under the program.
9 ‘‘(g) LIMITATION ON ASSISTANCE.—A borrower may
10 not receive assistance under subsection (c) for more than
11 1 covered loan of the borrower described in paragraph
12 (1)(C) of that subsection.
13 ‘‘(h) REPORTING AND OUTREACH.—
14 ‘‘(1) UPDATED INFORMATION.—
15 ‘‘(A) IN GENERAL.—Not later than 14

16 days after the date of enactment of the Eco-
17 nomic Aid to Hard-Hit Small Businesses, Non-
18 profits, and Venues Act, the Administrator shall
19 make publicly available information regarding
20 the modifications to the assistance provided
21 under this section under the amendments made
22 by such Act.
23 ‘‘(B) GUIDANCE.—Not later than 21 days
24 after the date of enactment of the Economic
25 Aid to Hard-Hit Small Businesses, Nonprofits,
December 21, 2020 (9:35 a.m.)

239
1 and Venues Act the Administrator shall issue
2 guidance on implementing the modifications to
3 the assistance provided under this section under
4 the amendments made by such Act.
5 ‘‘(2) PUBLICATION OF LIST.—Not later than
6 March 1, 2021, the Administrator shall transmit to
7 each lender of a covered loan a list of each borrower
8 of a covered loan that includes the North American
9 Industry Classification System code assigned to the
10 borrower, based on the records of the Administra-
11 tion, to assist the lenders in identifying which bor-
12 rowers qualify for an extension of payments under
13 subsection (c).
14 ‘‘(3) EDUCATION AND OUTREACH.—The Ad-
15 ministrator shall provide education, outreach, and
16 communication to lenders, borrowers, district offices,
17 and resource partners of the Administration in order
18 to ensure full and proper compliance with this sec-
19 tion, encourage broad participation with respect to
20 covered loans that have not yet been approved by the
21 Administrator, and help lenders transition borrowers
22 from subsidy payments under this section directly to
23 a deferral when suitable for the borrower.
24 ‘‘(4) NOTIFICATION.—Not later than 30 days
25 after the date of enactment of the Economic Aid to
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240
1 Hard-Hit Small Businesses, Nonprofits, and Venues
2 Act, the Administrator shall mail a letter to each
3 borrower of a covered loan that includes—
4 ‘‘(A) an overview of assistance provided
5 under this section;
6 ‘‘(B) the rights of the borrower to receive
7 that assistance;
8 ‘‘(C) how to seek recourse with the Admin-
9 istrator or the lender of the covered loan if the
10 borrower has not received that assistance; and
11 ‘‘(D) the rights of the borrower to request
12 a loan deferral from a lender, and guidance on
13 how to do successfully transition directly to a
14 loan deferral once subsidy payments under this
15 section are concluded.
16 ‘‘(5) MONTHLY REPORTING.—Not later than
17 the 15th of each month beginning after the date of
18 enactment of the Economic Aid to Hard-Hit Small
19 Businesses, Nonprofits, and Venues Act, the Admin-
20 istrator shall submit to Congress a report on assist-
21 ance provided under this section, which shall in-
22 clude—
23 ‘‘(A) monthly and cumulative data on pay-
24 ments made under this section as of the date of
25 the report, including a breakdown by—
December 21, 2020 (9:35 a.m.)

241
1 ‘‘(i) the number of participating bor-
2 rowers;
3 ‘‘(ii) the volume of payments made for
4 each type of covered loan; and
5 ‘‘(iii) the volume of payments made
6 for covered loans made before the date of
7 enactment of this Act and loans made
8 after such date of enactment;
9 ‘‘(B) the names of any lenders of covered
10 loans that have not submitted information on
11 the covered loans to the Administrator during
12 the preceding month; and
13 ‘‘(C) an update on the education and out-
14 reach activities of the Administration carried
15 out under paragraph (3).’’.
19 281).
20 SEC. 326. MODIFICATIONS TO 7(a) LOAN PROGRAMS.
21 (a) 7(a) LOAN GUARANTEES.—

22 (1) IN GENERAL.—Section 7(a)(2)(A) of the
23 Small Business Act (15 U.S.C. 636(a)(2)(A)) is
24 amended by striking ‘‘), such participation by the
25 Administration shall be equal to’’ and all that fol-
December 21, 2020 (9:35 a.m.)

242
1 lows through the period at the end and inserting ‘‘or
2 the Community Advantage Pilot Program of the Ad-
3 ministration), such participation by the Administra-
4 tion shall be equal to 90 percent of the balance of
5 the financing outstanding at the time of disburse-
6 ment of the loan.’’.
7 (2) PROSPECTIVE REPEAL.—Effective October
8 1, 2021, section 7(a)(2)(A) of the Small Business
9 Act (15 U.S.C. 636(a)(2)(A)), as amended by para-
10 graph (1), is amended to read as follows:
11 ‘‘(A) IN GENERAL.—Except as provided in
12 subparagraphs (B), (D), (E), and (F), in an
13 agreement to participate in a loan on a deferred
14 basis under this subsection (including a loan
15 made under the Preferred Lenders Program),
16 such participation by the Administration shall
17 be equal to—
18 ‘‘(i) 75 percent of the balance of the
19 financing outstanding at the time of dis-
20 bursement of the loan, if such balance ex-
21 ceeds $150,000; or
22 ‘‘(ii) 85 percent of the balance of the
23 financing outstanding at the time of dis-
24 bursement of the loan, if such balance is
25 less than or equal to $150,000.’’.
December 21, 2020 (9:35 a.m.)

243
1 (b) EXPRESS LOANS.—
2 (1) LOAN AMOUNT.—Section 1102(c)(2) of the
3 CARES Act (Public Law 116–136; 15 U.S.C. 636
4 note) is amended to read as follows:
5 ‘‘(2) PROSPECTIVE REPEAL.—Effective on Oc-
6 tober 1, 2021, section 7(a)(31)(D) of the Small
7 Business Act (15 U.S.C. 636(a)(31)(D)) is amended
8 by striking ‘ $1,000,000’ and inserting ‘
9 $500,000’.’’.
10 (2) GUARANTEE RATES.—
11 (A) TEMPORARY MODIFICATION.—Section
12 7(a)(31)(A)(iv) of the Small Business Act (15

13 U.S.C. 636(a)(31)(A)(iv)) is amended by strik-
14 ing ‘‘with a guaranty rate of not more than 50
15 percent.’’ and inserting the following: ‘‘with a
16 guarantee rate—
17 ‘‘(I) for a loan in an amount less
18 than or equal to $350,000, of not
19 more than 75 percent; and
20 ‘‘(II) for a loan in an amount
21 greater than $350,000, of not more
22 than 50 percent.’’.
23 (B) PROSPECTIVE REPEAL.—Effective Oc-
24 tober 1, 2021, section 7(a)(31)(A)(iv) of the
25 Small Business Act (15 U.S.C. 636(a)(31)(iv)),
December 21, 2020 (9:35 a.m.)

244
1 as amended by subparagraph (A), is amended
2 by striking ‘‘guarantee rate’’ and all that fol-
3 lows through the period at the end and insert-
4 ing ‘‘guarantee rate of not more than 50 per-
5 cent.’’.
6 SEC. 327. TEMPORARY FEE REDUCTIONS.
7 (a) ADMINISTRATIVE FEE WAIVER.—

8 (1) IN GENERAL.—During the period beginning
9 on the date of enactment of this Act and ending on
10 September 30, 2021, and to the extent that the cost
11 of such elimination or reduction of fees is offset by
12 appropriations, with respect to each loan guaranteed
13 under section 7(a) of the Small Business Act (15
14 U.S.C. 636(a)) (including a recipient of assistance
15 under the Community Advantage Pilot Program of
16 the Administration) for which an application is ap-
17 proved or pending approval on or after the date of
18 enactment of this Act, the Administrator shall—
19 (A) in lieu of the fee otherwise applicable
20 under section 7(a)(23)(A) of the Small Busi-
21 ness Act (15 U.S.C. 636(a)(23)(A)), collect no
22 fee or reduce fees to the maximum extent pos-
23 sible; and
24 (B) in lieu of the fee otherwise applicable
25 under section 7(a)(18)(A) of the Small Busi-
December 21, 2020 (9:35 a.m.)

245
1 ness Act (15 U.S.C. 636(a)(18)(A)), collect no
2 fee or reduce fees to the maximum extent pos-
3 sible.
4 (2) APPLICATION OF FEE ELIMINATIONS OR RE-
5 DUCTIONS.—To the extent that amounts are made

6 available to the Administrator for the purpose of fee
7 eliminations or reductions under paragraph (1), the
8 Administrator shall—
9 (A) first use any amounts provided to
10 eliminate or reduce fees paid by small business
11 borrowers under clauses (i) through (iii) of sec-
12 tion 7(a)(18)(A) of the Small Business Act (15
13 U.S.C. 636(a)(18)(A)), to the maximum extent
14 possible; and
15 (B) then use any amounts provided to
16 eliminate or reduce fees under 7(a)(23)(A) of
18 636(a)(23)(A)).
19 (b) TEMPORARY FEE ELIMINATION FOR THE 504
20 LOAN PROGRAM.—
23 September 30, 2021, and to the extent the cost of
24 such elimination in fees is offset by appropriations,
25 with respect to each project or loan guaranteed by
December 21, 2020 (9:35 a.m.)

246
1 the Administrator pursuant to title V of the Small
2 Business Investment Act of 1958 (15 U.S.C. 695 et
3 seq.) for which an application is approved or pending
4 approval on or after the date of enactment of this
5 Act—
6 (A) the Administrator shall, in lieu of the
7 fee otherwise applicable under section 503(d)(2)
8 of the Small Business Investment Act of 1958
9 (15 U.S.C. 697(d)(2)), collect no fee; and
10 (B) a development company shall, in lieu
11 of the processing fee under section
12 120.971(a)(1) of title 13, Code of Federal Reg-
13 ulations (relating to fees paid by borrowers), or
14 any successor regulation, collect no fee.
15 (2) REIMBURSEMENT FOR WAIVED FEES.—
16 (A) IN GENERAL.—To the extent that the

17 cost of such payments is offset by appropria-
18 tions, the Administrator shall reimburse each
19 development company that does not collect a
20 processing fee pursuant to paragraph (1)(B).
21 (B) AMOUNT.—The payment to a develop-
22 ment company under clause (i) shall be in an
23 amount equal to 1.5 percent of the net deben-
24 ture proceeds for which the development com-
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247
1 pany does not collect a processing fee pursuant
2 to paragraph (1)(B).
3 SEC. 328. LOW-INTEREST REFINANCING.
4 (a) LOW-INTEREST REFINANCING UNDER THE
5 LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM.—

6 (1) REPEAL.—Section 521(a) of title V of divi-
7 sion E of the Consolidated Appropriations Act, 2016
8 (15 U.S.C. 696 note) is repealed.
9 (2) REFINANCING.—Section 502(7) of the
10 Small Business Investment Act of 1958 (15 U.S.C.
11 696(7)) is amended—
12 (A) in subparagraph (B), in the matter
13 preceding clause (i), by striking ‘‘50’’ and in-
14 serting ‘‘100’’; and
16 ‘‘(C) REFINANCING NOT INVOLVING EX-
17 PANSIONS.—
18 ‘‘(i) DEFINITIONS.—In this subpara-

19 graph—
20 ‘‘(I) the term ‘borrower’ means a
21 small business concern that submits
22 an application to a development com-
23 pany for financing under this sub-
24 paragraph;
December 21, 2020 (9:35 a.m.)

248
1 ‘‘(II) the term ‘eligible fixed
2 asset’ means tangible property relat-
3 ing to which the Administrator may
4 provide financing under this section;
5 and
6 ‘‘(III) the term ‘qualified debt’
7 means indebtedness—
8 ‘‘(aa) that was incurred not
9 less than 6 months before the
10 date of the application for assist-
11 ance under this subparagraph;
12 ‘‘(bb) that is a commercial
13 loan;
14 ‘‘(cc) the proceeds of which
15 were used to acquire an eligible
16 fixed asset;
17 ‘‘(dd) that was incurred for
18 the benefit of the small business
19 concern; and
20 ‘‘(ee) that is collateralized
21 by eligible fixed assets.
22 ‘‘(ii) AUTHORITY.—A project that
23 does not involve the expansion of a small
24 business concern may include the refi-
25 nancing of qualified debt if—
December 21, 2020 (9:35 a.m.)

249
1 ‘‘(I) the amount of the financing
2 is not more than 90 percent of the
3 value of the collateral for the financ-
4 ing, except that, if the appraised value
5 of the eligible fixed assets serving as
6 collateral for the financing is less than
7 the amount equal to 125 percent of
8 the amount of the financing, the bor-
9 rower may provide additional cash or
10 other collateral to eliminate any defi-
11 ciency;
12 ‘‘(II) the borrower has been in
13 operation for all of the 2-year period
14 ending on the date the loan applica-
15 tion is submitted; and
16 ‘‘(III) for a financing for which
17 the Administrator determines there
18 will be an additional cost attributable
19 to the refinancing of the qualified
20 debt, the borrower agrees to pay a fee
21 in an amount equal to the anticipated
22 additional cost.
23 ‘‘(iii) FINANCING FOR BUSINESS EX-
24 PENSES.—
December 21, 2020 (9:35 a.m.)

250
1 ‘‘(I) FINANCING FOR BUSINESS
2 EXPENSES.—The Administrator may

3 provide financing to a borrower that
4 receives financing that includes a refi-
5 nancing of qualified debt under clause
6 (ii), in addition to the refinancing
7 under clause (ii), to be used solely for
8 the payment of business expenses.
9 ‘‘(II) APPLICATION FOR FINANC-
10 ING.—An application for financing

11 under subclause (I) shall include—
12 ‘‘(aa) a specific description
13 of the expenses for which the ad-
14 ditional financing is requested;
15 and
16 ‘‘(bb) an itemization of the
17 amount of each expense.
18 ‘‘(III) CONDITION ON ADDI-
19 TIONAL FINANCING.—A borrower may

20 not use any part of the financing
21 under this clause for non-business
22 purposes.
23 ‘‘(iv) LOANS BASED ON JOBS.—
24 ‘‘(I) JOB CREATION AND RETEN-
25 TION GOALS.—
December 21, 2020 (9:35 a.m.)

251
1 ‘‘(aa) IN GENERAL.—The
2 Administrator may provide fi-

3 nancing under this subparagraph
4 for a borrower that meets the job
5 creation goals under subsection
6 (d) or (e) of section 501.
7 ‘‘(bb) ALTERNATE JOB RE-
8 TENTION GOAL.—The Adminis-

9 trator may provide financing
10 under this subparagraph to a
11 borrower that does not meet the
12 goals described in item (aa) in an
13 amount that is not more than the
14 product obtained by multiplying
15 the number of employees of the
16 borrower by $75,000.
17 ‘‘(II) NUMBER OF EMPLOYEES.—
18 For purposes of subclause (I), the

19 number of employees of a borrower is
20 equal to the sum of—
21 ‘‘(aa) the number of full-
22 time employees of the borrower
23 on the date on which the bor-
24 rower applies for a loan under
25 this subparagraph; and
December 21, 2020 (9:35 a.m.)

252
1 ‘‘(bb) the product obtained
2 by multiplying—
3 ‘‘(AA) the number of
4 part-time employees of the
5 borrower on the date on
6 which the borrower applies
7 for a loan under this sub-
8 paragraph, by
9 ‘‘(BB) the quotient ob-
10 tained by dividing the aver-
11 age number of hours each
12 part time employee of the
13 borrower works each week
14 by 40.
15 ‘‘(v) TOTAL AMOUNT OF LOANS.—The
16 Administrator may provide not more than

17 a total of $7,500,000,000 of financing
18 under this subparagraph for each fiscal
19 year.’’.
20 (b) EXPRESS LOAN AUTHORITY FOR ACCREDITED
21 LENDERS.—
22 (1) IN GENERAL.—Section 507 of the Small
23 Business Investment Act of 1958 (15 U.S.C. 697d)
24 is amended by striking subsection (e) and inserting
25 the following:
December 21, 2020 (9:35 a.m.)

253
1 ‘‘(e) EXPRESS LOAN AUTHORITY.—A local develop-
2 ment company designated as an accredited lender in ac-
3 cordance with subsection (b)—
4 ‘‘(1) may—
5 ‘‘(A) approve, authorize, close, and service
6 covered loans that are funded with proceeds of
7 a debenture issued by the company; and
8 ‘‘(B) authorize the guarantee of a deben-
9 ture described in subparagraph (A); and
10 ‘‘(2) with respect to a covered loan, shall be
11 subject to final approval as to eligibility of any guar-
12 antee by the Administration pursuant to section
13 503(a), but such final approval shall not include re-
14 view of decisions by the lender involving credit-
15 worthiness, loan closing, or compliance with legal re-
16 quirements imposed by law or regulation.
17 ‘‘(f) DEFINITIONS.—In this section—
18 ‘‘(1) the term ‘accredited lender certified com-
19 pany’ means a certified development company that
20 meets the requirements under subsection (b), includ-
21 ing a certified development company that the Ad-
22 ministration has designated as an accredited lender
23 under that subsection;
24 ‘‘(2) the term ‘covered loan’—
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254
1 ‘‘(A) means a loan made under section 502
2 in an amount that is not more than $500,000;
3 and
4 ‘‘(B) does not include a loan made to a
5 borrower that is in an industry that has a high
6 rate of default, as annually determined by the
7 Administrator and reported in rules of the Ad-
8 ministration; and
9 ‘‘(3) the term ‘qualified State or local develop-
10 ment company’ has the meaning given the term in
11 section 503(e).’’.
12 (2) PROSPECTIVE REPEAL.—Effective on Sep-
13 tember 30, 2023, section 507 of the Small Business
14 Investment Act of 1958 (15 U.S.C. 697d), as
15 amended by paragraph (1), is amended by striking
16 subsections (e) and (f) and inserting the following:
17 ‘‘(e) DEFINITION.—In this section, the term ‘quali-
18 fied State or local development company’ has the meaning
19 given the term in section 503(e).’’.
20 (c) REFINANCING SENIOR PROJECT DEBT.—During
21 the 1-year period beginning on the date of enactment of
22 this Act, a development company described in title V of
23 the Small Business Investment Act of 1958 (15 U.S.C.
24 695 et seq.) is authorized to allow the refinancing of a
25 senior loan on an existing project in an amount that, when
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255
1 combined with the outstanding balance on the develop-
2 ment company loan, is not more than 90 percent of the
3 total loan to value. Proceeds of such refinancing can be
4 used to support business operating expenses.
5 SEC. 329. RECOVERY ASSISTANCE UNDER THE MICROLOAN
6 PROGRAM.
7 (a) LOANS TO INTERMEDIARIES.—

8 (1) IN GENERAL.—Section 7(m) of the Small
9 Business Act (15 U.S.C. 636(m)) is amended—
10 (A) in paragraph (3)(C)—
11 (i) by striking ‘‘and $6,000,000’’ and
12 inserting ‘‘ $10,000,000 (in the aggre-
13 gate)’’; and
14 (ii) by inserting before the period at
15 the end the following: ‘‘, and $4,500,000 in
16 any of those remaining years’’;
18 (i) in subparagraph (A), by striking
19 ‘‘subparagraph (C)’’ each place that term
20 appears and inserting ‘‘subparagraphs (C)
21 and (G)’’;
22 (ii) in subparagraph (C), by amending
23 clause (i) to read as follows:
24 ‘‘(i) IN GENERAL.—In addition to
25 grants made under subparagraph (A) or
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256
1 (G), each intermediary shall be eligible to
2 receive a grant equal to 5 percent of the
3 total outstanding balance of loans made to
4 the intermediary under this subsection if—
5 ‘‘(I) the intermediary provides
6 not less than 25 percent of its loans
7 to small business concerns located in
8 or owned by 1 or more residents of an
9 economically distressed area; or
10 ‘‘(II) the intermediary has a
11 portfolio of loans made under this
12 subsection—
13 ‘‘(aa) that averages not
14 more than $10,000 during the
15 period of the intermediary’s par-
16 ticipation in the program; or
17 ‘‘(bb) of which not less than
18 25 percent is serving rural areas
19 during the period of the
20 intermediary’s participation in
21 the program.’’; and
23 lowing:
24 ‘‘(G) GRANT AMOUNTS BASED ON APPRO-
25 PRIATIONS.—In any fiscal year in which the
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257
1 amount appropriated to make grants under
2 subparagraph (A) is sufficient to provide to
3 each intermediary that receives a loan under
4 paragraph (1)(B)(i) a grant of not less than 25
5 percent of the total outstanding balance of
6 loans made to the intermediary under this sub-
7 section, the Administration shall make a grant
8 under subparagraph (A) to each intermediary
9 of not less than 25 percent and not more than
10 30 percent of that total outstanding balance for
11 the intermediary.’’; and
12 (C) in paragraph (11)—
13 (i) in subparagraph (C)(ii), by strik-
14 ing all after the semicolon and inserting
15 ‘‘and’’; and
16 (ii) by striking all after subparagraph
17 (C) and inserting the following:
18 ‘‘(D) the term ‘economically distressed
19 area’, as used in paragraph (4), means a county
20 or equivalent division of local government of a
21 State in which the small business concern is lo-
22 cated, in which, according to the most recent
23 data available from the Bureau of the Census,
24 Department of Commerce, not less than 40 per-
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258
1 cent of residents have an annual income that is
2 at or below the poverty level.’’.
3 (2) PROSPECTIVE AMENDMENT.—Effective on
4 October 1, 2021, section 7(m)(3)(C) of the Small
5 Business Act (15 U.S.C. 636(m)(3)(C)), as amended
6 by paragraph (1)(A), is amended—
7 (A) by striking ‘‘ $10,000,000’’ and by in-
8 serting ‘‘ $7,000,000’’; and
9 (B) by striking ‘‘ $4,500,000’’ and insert-
10 ing ‘‘ $3,000,000’’.
11 (b) TEMPORARY WAIVER OF TECHNICAL ASSIST-
12 ANCE GRANTS MATCHING REQUIREMENTS AND FLEXI-
13 BILITY ON PRE- AND POST-LOAN ASSISTANCE.—During
14 the period beginning on the date of enactment of this Act
15 and ending on September 30, 2021, the Administration
16 shall waive—
17 (1) the requirement to contribute non-Federal
18 funds under section 7(m)(4)(B) of the Small Busi-
19 ness Act (15 U.S.C. 636(m)(4)(B)); and
20 (2) the limitation on amounts allowed to be ex-
21 pended to provide information and technical assist-
22 ance under clause (i) of section 7(m)(4)(E) of the
23 Small Business Act (15 U.S.C. 636(m)(4)(E)) and
24 enter into third party contracts for the provision of
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259
1 technical assistance under clause (ii) of such section
2 7(m)(4)(E).
3 (c) TEMPORARY DURATION OF LOANS TO BOR-
4 ROWERS.—

7 September 30, 2021, the duration of a loan made by
8 an eligible intermediary under section 7(m) of the
9 Small Business Act (15 U.S.C. 636(m))—
10 (A) to an existing borrower may be ex-
11 tended to not more than 8 years; and
12 (B) to a new borrower may be not more
13 than 8 years.
14 (2) REVERSION.—On and after October 1,
15 2021, the duration of a loan made by an eligible
16 intermediary to a borrower under section 7(m) of
17 the Small Business Act (15 U.S.C. 636(m)) shall be
18 7 years or such other amount established by the Ad-
19 ministrator.
20 (d) FUNDING.—Section 20 of the Small Business Act
21 (15 U.S.C. 631 note) is amended by adding at the end
22 the following:
23 ‘‘(h) MICROLOAN PROGRAM.—For each of fiscal
24 years 2021 through 2025, the Administration is author-
25 ized to make—
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260
1 ‘‘(1) $80,000,000 in technical assistance grants,
2 as provided in section 7(m); and
3 ‘‘(2) $110,000,000 in direct loans, as provided
4 in section 7(m).’’.
5 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi-
6 tion to amounts provided under the Consolidated Appro-
7 priations Act, 2020 (Public Law 116–93; 133 Stat. 2317)
8 for the program established under section 7(m) of the
9 Small Business Act (15 U.S.C. 636(m)) and amounts pro-
10 vided for fiscal year 2021 for that program, there is au-
11 thorized to be appropriated for fiscal year 2021, to remain
12 available until expended—
13 (1) $50,000,000 to provide technical assistance
14 grants under such section 7(m); and
15 (2) $7,000,000 to provide direct loans under
16 such section 7(m).
17 SEC. 330. EXTENSION OF PARTICIPATION IN 8(a) PROGRAM.
18 (a) IN GENERAL.—The Administrator shall ensure

19 that a small business concern participating in the program
20 established under section 8(a) of the Small Business Act
21 (15 U.S.C. 637(a)) on or before September 9, 2020, may
22 elect to extend such participation by a period of 1 year,
23 regardless of whether the small business concern pre-
24 viously elected to suspend participation in the program
25 pursuant to guidance of the Administrator.
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261
1 (b) EMERGENCY RULEMAKING AUTHORITY.—Not
2 later than 15 days after the date of enactment of this Act,
3 the Administrator shall issue regulations to carry out this
4 section without regard to the notice requirements under
5 section 553(b) of title 5, United States Code.
6 SEC. 331. TARGETED EIDL ADVANCE FOR SMALL BUSINESS
7 CONTINUITY, ADAPTATION, AND RESILIENCY.

9 (1) AGRICULTURAL ENTERPRISE.—The term
10 ‘‘agricultural enterprise’’ has the meaning given the
11 term in section 18(b) of the Small Business Act (15
12 U.S.C. 647(b)).
13 (2) COVERED ENTITY.—The term ‘‘covered en-
14 tity’’—
15 (A) means an eligible entity that—
16 (i) applies for a loan under section
17 7(b)(2) of the Small Business Act (15
18 U.S.C. 636(b)(2)) during the covered pe-
19 riod, including before the date of enact-
20 ment of this Act;
21 (ii) is located in a low-income commu-
22 nity;
23 (iii) has suffered an economic loss of
24 greater than 30 percent; and
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262
1 (iv) employs not more than 300 em-
2 ployees; and
3 (B) except with respect to an entity in-
4 cluded under section 123.300(c) of title 13,
5 Code of Federal Regulations, or any successor
6 regulation, does not include an agricultural en-
7 terprise.
8 (3) COVERED PERIOD.—The term ‘‘covered pe-
9 riod’’ has the meaning given the term in section
10 1110(a)(1) of the CARES Act (15 U.S.C.
11 9009(a)(1)), as amended by section 332 of this Act.
12 (4) ECONOMIC LOSS.—The term ‘‘economic
13 loss’’ means, with respect to a covered entity—
14 (A) the amount by which the gross receipts
15 of the covered entity declined during an 8-week
16 period between March 2, 2020, and December
17 31, 2021, relative to a comparable 8-week pe-
18 riod immediately preceding March 2, 2020, or
19 during 2019; or
20 (B) if the covered entity is a seasonal busi-
21 ness concern, such other amount determined
22 appropriate by the Administrator.
23 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
24 ty’’ means an entity that, during the covered period,
25 is eligible for a loan made under section 7(b)(2) of
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263
1 the Small Business Act (15 U.S.C. 636(b)(2)), as
2 described in section 1110(b) of the CARES Act (15
3 U.S.C. 9009(b)).
4 (6) LOW-INCOME COMMUNITY.—The term ‘‘low-
5 income community’’ has the meaning given the term
6 in section 45D(e) of the Internal Revenue Code of
7 1986.
8 (b) ENTITLEMENT TO FULL AMOUNT.—
9 (1) IN GENERAL.—Subject to paragraph (2), a
10 covered entity, after submitting a request to the Ad-
11 ministrator that the Administrator verifies under
12 subsection (c), shall receive a total of $10,000 under
13 section 1110(e) of the CARES Act (15 U.S.C.
14 9009(e)), without regard to whether—
15 (A) the applicable loan for which the cov-
16 ered entity applies or applied under section
17 7(b)(2) of the Small Business Act (15 U.S.C.
18 636(b)(2)) is or was approved;
19 (B) the covered entity accepts or accepted
20 the offer of the Administrator with respect to
21 an approved loan described in subparagraph
22 (A); or
23 (C) the covered entity has previously re-
24 ceived a loan under section 7(a)(36) of the
25 Small Business Act (15 U.S.C. 636(a)(36)).
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264
1 (2) EFFECT OF PREVIOUSLY RECEIVED
2 AMOUNTS.—
3 (A) IN GENERAL.—With respect to a cov-

4 ered entity that received an emergency grant
5 under section 1110(e) of the CARES Act (15
6 U.S.C. 9009(e)) before the date of enactment of
7 this Act, the amount of the payment that the
8 covered entity shall receive under this sub-
9 section (after satisfaction of the procedures re-
10 quired under subparagraph (B)) shall be the
11 difference between $10,000 and the amount of
12 that previously received grant.
13 (B) PROCEDURES.—If the Administrator
14 receives a request under paragraph (1) from a
15 covered entity described in subparagraph (A) of
16 this paragraph, the Administrator shall, not
17 later than 21 days after the date on which the
18 Administrator receives the request—
19 (i) perform the verification required
20 under subsection (c);
21 (ii) if the Administrator, under sub-
22 section (c), verifies that the entity is a cov-
23 ered entity, provide to the covered entity a
24 payment in the amount described in sub-
25 paragraph (A); and
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265
1 (iii) with respect to a covered entity
2 that the Administrator determines is not
3 entitled to a payment under this section,
4 provide the covered entity with a notifica-
5 tion explaining why the Administrator
6 reached that determination.
7 (C) RULE OF CONSTRUCTION.—Nothing in
8 this paragraph may be construed to require any
9 entity that received an emergency grant under
10 section 1110(e) of the CARES Act (15 U.S.C.
11 9009(e)) before the date of enactment of this
12 Act to repay any amount of that grant.
13 (c) VERIFICATION.—In carrying out this section, the
14 Administrator shall require any information, including any
15 tax records, from an entity submitting a request under
16 subsection (b) that the Administrator determines to be
17 necessary to verify that the entity is a covered entity, with-
18 out regard to whether the entity has previously submitted
19 such information to the Administrator.
20 (d) ORDER OF PROCESSING.—The Administrator
21 shall process and approve requests for payments under
22 subsection (b) in the order that the Administrator receives
23 the requests, except that the Administrator shall give—
24 (1) first priority to covered entities described in
25 subsection (b)(2)(A); and
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266
1 (2) second priority to covered entities that have
2 not received emergency grants under section 1110(e)
3 of the CARES Act (15 U.S.C. 9009(e)), as of the
4 date on which the Administrator receives such a re-
5 quest, because of the unavailability of funding to
6 carry out such section 1110(e).
7 (e) APPLICABILITY.—In addition to any other restric-
8 tion imposed under this section, any eligibility restriction
9 applicable to a loan made under section 7(b)(2) of the
10 Small Business Act (15 U.S.C. 636(b)(2)), including any
11 restriction under section 123.300 or 123.301 of title 13,
12 Code of Federal Regulations, or any successor regulation,
13 shall apply with respect to funding provided under this
14 section.
15 (f) NOTIFICATION REQUIRED.—The Administrator
16 shall provide notice to each of the following entities stating
17 that the entity may be eligible for a payment under this
18 section if the entity satisfies the requirements under
19 clauses (ii), (iii), and (iv) of subsection (a)(2)(A):
20 (1) Each entity that received an emergency
21 grant under section 1110(e) of the CARES Act (15
22 U.S.C. 9009(e)) before the date of enactment of this
23 Act.
24 (2) Each entity that, before the date of enact-
25 ment of this Act—
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267
1 (A) applied for a loan under section
2 7(b)(2) of the Small Business Act (15 U.S.C.
3 636(b)(2)); and
4 (B) did not receive an emergency grant
5 under section 1110(e) of the CARES Act (15
6 U.S.C. 9009(e)) because of the unavailability of
7 funding to carry out such section 1110(e).
8 (g) ADMINISTRATION.—In carrying out this section,
9 the Administrator may rely on loan officers and other per-
10 sonnel of the Office of Disaster Assistance of the Adminis-
11 tration and other resources of the Administration, includ-
12 ing contractors of the Administration.
13 (h) AUTHORIZATION OF APPROPRIATIONS.—There
14 are authorized to be appropriated to the Administrator
15 $20,000,000,000 to carry out this section—
16 (1) which shall remain available through De-
17 cember 31, 2021; and
18 (2) of which $20,000,000 is authorized to be
19 appropriated to the Inspector General of the Admin-
20 istration to prevent waste, fraud, and abuse with re-
21 spect to funding provided under this section.
22 SEC. 332. EMERGENCY EIDL GRANTS.

24 is amended—
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268
1 (1) in subsection (a)(1), by striking ‘‘December
2 31, 2020’’ and inserting ‘‘December 31, 2021’’;
3 (2) in subsection (d), by striking paragraphs
4 (1) and (2) and inserting the following:
5 ‘‘(1) approve an applicant—
6 ‘‘(A) based solely on the credit score of the
7 applicant; or
8 ‘‘(B) by using alternative appropriate
9 methods to determine an applicant’s ability to
10 repay; and
11 ‘‘(2) use information from the Department of
12 the Treasury to confirm that—
13 ‘‘(A) an applicant is eligible to receive such
14 a loan; or
15 ‘‘(B) the information contained in an ap-
16 plication for such a loan is accurate.’’; and
17 (3) in subsection (e)—
18 (A) in paragraph (1)—
19 (i) by striking ‘‘During the covered
20 period’’ and inserting the following:
21 ‘‘(A) ADVANCES.—During the covered pe-
22 riod’’;
23 (ii) in subparagraph (A), as so des-
24 ignated, by striking ‘‘within 3 days after
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269
1 the Administrator receives an application
2 from such applicant’’; and
4 lowing:
5 ‘‘(B) TIMING.—With respect to each re-
6 quest submitted to the Administrator under
7 subparagraph (A), the Administrator shall, not
8 later than 21 days after the date on which the
9 Administrator receives the request—
10 ‘‘(i) verify whether the entity is an en-
11 tity that is eligible for a loan made under
12 section 7(b)(2) of the Small Business Act
13 (15 U.S.C. 636(b)(2)) during the covered
14 period, as described in subsection (b);
15 ‘‘(ii) if the Administrator, under
16 clause (i), verifies that the entity submit-
17 ting the request is an entity that is eligible,
18 as described in that clause, provide the ad-
19 vance requested by the entity; and
20 ‘‘(iii) with respect to an entity that
21 the Administrator determines is not enti-
22 tled to receive an advance under this sub-
23 section, provide the entity with a notifica-
24 tion explaining why the Administrator
25 reached that determination.’’;
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270
1 (B) in paragraph (7), by striking ‘‘
2 $20,000,000,000’’ and inserting ‘‘
3 $40,000,000,000’’; and
4 (C) in paragraph (8), by striking ‘‘Decem-
5 ber 31, 2020’’ and inserting ‘‘December 31,
6 2021’’.
7 SEC. 333. REPEAL OF EIDL ADVANCE DEDUCTION.

9 (1) the term ‘‘covered entity’’ means an entity
10 that receives an advance under section 1110(e) of
11 the CARES Act (15 U.S.C. 9009(e)), including an
12 entity that received such an advance before the date
13 of enactment of this Act; and
14 (2) the term ‘‘covered period’’ has the meaning
15 given the term in section 1110(a)(1) of the CARES
16 Act (15 U.S.C. 9009(a)(1)), as amended by section
17 332 of this Act.
18 (b) SENSE OF CONGRESS.—It is the sense of Con-
19 gress that borrowers of loans made under section 7(b)(2)
20 of the Small Business Act (15 U.S.C. 636(b)(2)) in re-
21 sponse to COVID–19 during the covered period should be
22 made whole, without regard to whether those borrowers
23 are eligible for forgiveness with respect to those loans.
24 (c) REPEAL.—Section 1110(e)(6) of the CARES Act
25 (15 U.S.C. 9009(e)(6)) is repealed.
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271
1 (d) EFFECTIVE DATE; APPLICABILITY.—The amend-
2 ment made by subsection (c) shall be effective as if in-
4 281).
5 (e) RULEMAKING.—
7 the date of enactment of this Act, the Administrator
8 shall issue rules that ensure the equal treatment of
9 all covered entities with respect to the amendment
10 made by subsection (c), which shall include consider-
11 ation of covered entities that, before the date of en-
12 actment of this Act, completed the loan forgiveness
13 process described in section 1110(e)(6) of the
14 CARES Act (15 U.S.C. 9009(e)(6)), as in effect be-
15 fore that date of enactment.
16 (2) NOTICE AND COMMENT.— The notice and
17 comment requirements under section 553 of title 5,
18 United States Code, shall not apply with respect to
19 the rules issued under paragraph (1).
20 SEC. 334. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(a)
21 LOANS.
22 Section 7(a)(7) of the Small Business Act (15 U.S.C.

23 636(a)(7)) is amended—
24 (1) by striking ‘‘The Administration’’ and in-
25 serting ‘‘(A) IN GENERAL.—The Administrator’’;
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272
1 (2) in subparagraph (A), as so designated, by
2 inserting ‘‘and interest’’ after ‘‘principal’’; and
4 ‘‘(B) DEFERRAL REQUIREMENTS.—With
5 respect to a deferral provided under this para-

6 graph, the Administrator may allow lenders
7 under this subsection—
8 ‘‘(i) to provide full payment deferment
9 relief (including payment of principal and
10 interest) for a period of not more than 1
11 year; and
12 ‘‘(ii) to provide an additional
13 deferment period if the borrower provides
14 documentation justifying such additional
15 deferment.
16 ‘‘(C) SECONDARY MARKET.—
17 ‘‘(i) IN GENERAL.—Except as pro-

18 vided in clause (ii), if an investor declines
19 to approve a deferral or additional
20 deferment requested by a lender under
21 subparagraph (B), the Administrator shall
22 exercise the authority to purchase the loan
23 so that the borrower may receive full pay-
24 ment deferment relief (including payment
25 of principal and interest) or an additional
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273
1 deferment as described in subparagraph
2 (B).
3 ‘‘(ii) EXCEPTION.—If, in a fiscal year,
4 the Administrator determines that the cost
5 of implementing clause (i) is greater than
6 zero, the Administrator shall not imple-
7 ment that clause.’’.
8 SEC. 335. DOCUMENTATION REQUIRED FOR CERTAIN ELI-
9 GIBLE RECIPIENTS.
10 (a) IN GENERAL.—Section 7(a)(36)(D)(ii)(II) of the

11 Small Business Act (15 U.S.C. 636(a)(36)(D)(ii)(II)) is
12 amended by striking ‘‘as is necessary’’ and all that follows
13 through the period at the end and inserting ‘‘as deter-
14 mined necessary by the Administrator and the Secretary,
15 to establish the applicant as eligible.’’.
December 21, 2020 (9:35 a.m.)

274
1 SEC. 336. ELECTION OF 12-WEEK PERIOD BY SEASONAL EM-
2 PLOYERS.
3 (a) IN GENERAL.—Section 7(a)(36)(E)(i)(I)(aa)(AA)

4 of the Small Business Act (15 U.S.C.
5 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by striking ‘‘, in
6 the case of an applicant’’ and all that follows through
7 ‘‘June 30, 2019’’ and inserting the following: ‘‘an appli-
8 cant that is a seasonal employer shall use the average total
9 monthly payments for payroll for any 12-week period se-
10 lected by the seasonal employer between February 15,
11 2019, and February 15, 2020’’.
12 (b) EFFECTIVE DATE; APPLICABILITY.—
14 graph (2), the amendment made by subsection (a)
15 shall be effective as if included in the CARES Act
16 (Public Law 116–136; 134 Stat. 281) and shall
17 apply to any loan made pursuant to section 7(a)(36)
18 of the Small Business Act (15 U.S.C. 636(a)(36))
19 before, on, or after the date of enactment of this
20 Act, including forgiveness of such a loan.
22 GIVEN.—The amendment made by subsection (a)

23 shall not apply to a loan made pursuant to section
25 636(a)(36)) for which the borrower received forgive-
26 ness before the date of enactment of this Act under
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275
1 section 1106 of the CARES Act, as in effect on the
2 day before such date of enactment.
3 SEC. 337. INCLUSION OF CERTAIN REFINANCING IN NON-
4 RECOURSE REQUIREMENTS.
5 (a) IN GENERAL.—Section 7(a)(36)(F)(v) of the

6 Small Business Act (15 U.S.C. 636(a)(36)(F)(v)) is
7 amended by striking ‘‘clause (i)’’ and inserting ‘‘clause (i)
8 or (iv)’’.
16 SEC. 338. APPLICATION OF CERTAIN TERMS THROUGH
17 LIFE OF COVERED LOAN.
18 (a) IN GENERAL.—Section 7(a)(36) of the Small

19 Business Act (15 U.S.C. 636(a)(36)) is amended—
20 (1) in subparagraph (H), in the matter pre-
21 ceding clause (i), by striking ‘‘During the covered
22 period, with’’ and inserting ‘‘With’’;
23 (2) in subparagraph (J), in the matter pre-
24 ceding clause (i), by striking ‘‘During the covered
25 period, with’’ and inserting ‘‘With’’; and
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276
1 (3) in subparagraph (M)—
2 (A) in clause (ii), in the matter preceding
3 subclause (I), by striking ‘‘During the covered
4 period, the’’ and inserting ‘‘The’’; and
5 (B) in clause (iii), by striking ‘‘During the
6 covered period, with’’ and inserting ‘‘With’’.
14 SEC. 339. INTEREST CALCULATION ON COVERED LOANS.
15 (a) DEFINITIONS.—In this section, the terms ‘‘cov-

16 ered loan’’ and ‘‘eligible recipient’’ have the meanings
17 given the terms in section 7(a)(36)(A) of the Small Busi-
18 ness Act (15 U.S.C. 636(a)(36)(A)).
19 (b) CALCULATION.—Section 7(a)(36)(L) of the Small
20 Business Act (15 U.S.C. 636(a)(36)(L)) is amended by
21 inserting ‘‘, calculated on a non-compounding, non-adjust-
22 able basis’’ after ‘‘4 percent’’.
23 (c) APPLICABILITY.—The amendment made by sub-
24 section (b) may apply with respect to a covered loan made
25 before the date of enactment of this Act, upon the agree-
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277
1 ment of the lender and the eligible recipient with respect
2 to the covered loan.
3 SEC. 340. REIMBURSEMENT FOR PROCESSING.
4 (a) REIMBURSEMENT.—Section 7(a)(36)(P) of the

5 Small Business Act (15 U.S.C. 636(a)(36)(P)) is amend-
6 ed—
7 (1) by amending clause (i) to read as follows:
8 ‘‘(i) IN GENERAL.—The Administrator
9 shall reimburse a lender authorized to
10 make a covered loan as follows:
11 ‘‘(I) With respect to a covered
12 loan made during the period begin-
13 ning on the date of enactment of this
14 paragraph and ending on the day be-
15 fore the date of enactment of the Eco-
16 nomic Aid to Hard-Hit Small Busi-
17 nesses, Nonprofits, and Venues Act,
18 the Administrator shall reimburse
19 such a lender at a rate, based on the
20 balance of the financing outstanding
21 at the time of disbursement of the
22 covered loan, of—
23 ‘‘(aa) 5 percent for loans of
24 not more than $350,000;
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278
1 ‘‘(bb) 3 percent for loans of
2 more than $350,000 and less
3 than $2,000,000; and
4 ‘‘(cc) 1 percent for loans of
5 not less than $2,000,000.
6 ‘‘(II) With respect to a covered
7 loan made on or after the date of en-
8 actment of the Economic Aid to
9 Hard-Hit Small Businesses, Non-
10 profits, and Venues Act, the Adminis-
11 trator shall reimburse such a lender—
12 ‘‘(aa) for a covered loan of
13 not more than $50,000, in an
14 amount equal to the lesser of—
15 ‘‘(AA) 50 percent of the
16 balance of the financing out-
17 standing at the time of dis-
18 bursement of the covered
19 loan; or
20 ‘‘(BB) $2,500; and
21 ‘‘(bb) at a rate, based on the
22 balance of the financing out-
23 standing at the time of disburse-
24 ment of the covered loan, of—
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279
1 ‘‘(AA) 5 percent for a
2 covered loan of more than
3 $50,000 and not more than
4 $350,000;
5 ‘‘(BB) 3 percent for a
6 covered loan of more than
7 $350,000 and less than
8 $2,000,000; and
9 ‘‘(CC) 1 percent for a
10 covered loan of not less than
11 $2,000,000.’’; and
12 (2) by amending clause (iii) to read as follows:
13 ‘‘(iii) TIMING.—A reimbursement de-
14 scribed in clause (i) shall be made not later
15 than 5 days after the reported disburse-
16 ment of the covered loan and may not be
17 required to be repaid by a lender unless
18 the lender is found guilty of an act of
19 fraud in connection with the covered
20 loan.’’.
21 (b) FEE LIMITS.—
22 (1) IN GENERAL.—Section 7(a)(36)(P)(ii) of
24 636(a)(36)(P)(ii)) is amended by adding at the end
25 the following: ‘‘If an eligible recipient has knowingly
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280
1 retained an agent, such fees shall be paid by the eli-
2 gible recipient and may not be paid out of the pro-
3 ceeds of a covered loan. A lender shall only be re-
4 sponsible for paying fees to an agent for services for
5 which the lender directly contracts with the agent.’’.
6 (2) EFFECTIVE DATE; APPLICABILITY.—The
7 amendment made by paragraph (1) shall be effective

8 as if included in the CARES Act (Public Law 116–
9 136; 134 Stat. 281) and shall apply to any loan
10 made pursuant to section 7(a)(36) of the Small
11 Business Act (15 U.S.C. 636(a)(36)) before, on, or
12 after the date of enactment of this Act, including
13 forgiveness of such a loan.
14 SEC. 341. DUPLICATION REQUIREMENTS FOR ECONOMIC
15 INJURY DISASTER LOAN RECIPIENTS.
16 Section 7(a)(36)(Q) of the Small Business Act (15

17 U.S.C. 636(a)(36)(Q)) is amended by striking ‘‘during the
18 period beginning on January 31, 2020, and ending on the
19 date on which covered loans are made available’’.
20 SEC. 342. PROHIBITION OF ELIGIBILITY FOR PUBLICLY-
21 TRADED COMPANIES.

23 U.S.C. 636(a)(36)) is amended—
25 318 of this Act, by adding at the end the following:
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281
1 ‘‘(xvi) the terms ‘exchange’, ‘issuer’,
2 and ‘security’ have the meanings given
3 those terms in section 3(a) of the Securi-
4 ties Exchange Act of 1934 (15 U.S.C.
5 78c(a)).’’; and
6 (2) in subparagraph (D), as amended by section
7 318 of this Act by adding at the end the following:
8 ‘‘(viii) INELIGIBILITY OF PUBLICLY-
9 TRADED ENTITIES.—Notwithstanding any

10 other provision of this paragraph, on and
11 after the date of enactment of the Eco-
12 nomic Aid to Hard-Hit Small Businesses,
13 Nonprofits, and Venues Act, an entity that
14 is an issuer, the securities of which are
15 listed on an exchange registered as a na-
16 tional securities exchange under section 6
17 of the Securities Exchange Act of 1934
18 (15 U.S.C. 78f), shall be ineligible to re-
19 ceive a covered loan under this para-
20 graph.’’.
21 SEC. 343. COVERED PERIOD FOR NEW PARAGRAPH (36)
22 LOANS.
23 (a) IN GENERAL.—Section 7(a)(36)(A)(iii) of the

24 Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is
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282
1 amended by striking ‘‘December 31, 2020’’ and inserting
2 ‘‘March 31, 2021’’.
10 SEC. 344. APPLICABLE PERIODS FOR PRORATION.
11 Section 7(a)(36)(A)(viii) of the Small Business Act

12 (15 U.S.C. 636(a)(36)(A)(viii)) is amended—
13 (1) in subclause (I)(bb), by striking ‘‘in 1 year,
14 as prorated for the covered period’’ and inserting
15 ‘‘on an annualized basis, as prorated for the period
16 during which the payments are made or the obliga-
17 tion to make the payments is incurred’’; and
18 (2) in subclause (II)—
19 (A) in item (aa), by striking ‘‘an annual
20 salary of $100,000, as prorated for the covered
21 period’’ and inserting ‘‘ $100,000 on an
22 annualized basis, as prorated for the period
23 during which the compensation is paid or the
24 obligation to pay the compensation is incurred’’;
25 and
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283
1 (B) in item (bb), by striking ‘‘covered’’ and
2 inserting ‘‘applicable’’.
3 SEC. 345. EXTENSION OF WAIVER OF MATCHING FUNDS RE-
4 QUIREMENT UNDER THE WOMEN’S BUSINESS
5 CENTER PROGRAM.

7 (15 U.S.C. 9004) is amended by striking ‘‘the 3-month
8 period beginning on the date of enactment of this Act’’
9 and inserting ‘‘the period beginning on the date of enact-
10 ment of this Act and ending on June 30, 2021’’.
14 281).
15 SEC. 346. CLARIFICATION OF USE OF CARES ACT FUNDS
16 FOR SMALL BUSINESS DEVELOPMENT CEN-
17 TERS.
18 (a) IN GENERAL.—Section 1103(b)(3)(A) of the

19 CARES Act (15 U.S.C. 9002(b)(3)(A)) is amended—
20 (1) by striking ‘‘The Administration’’ and in-
21 serting the following:
22 ‘‘(i) IN GENERAL.—The Administra-
23 tion’’; and
December 21, 2020 (9:35 a.m.)

284
1 ‘‘(ii) CLARIFICATION OF USE.—
2 Awards made under clause (i) shall be in

3 addition to, and separate from, any
4 amounts appropriated to make grants
5 under section 21(a) of the Small Business
6 Act (15 U.S.C. 648(a)) and such an award
7 may be used to complement and support
8 such a grant, except that priority with re-
9 spect to the receipt of that assistance shall
10 be given to small business development
11 centers that have been affected by issues
12 described in paragraph (2).’’.
16 281).
17 SEC. 347. GAO REPORT.
18 Not later than 120 days after the date of enactment

19 of this Act, the Comptroller General of the United States
20 shall submit to the Committee on Small Business and En-
21 trepreneurship of the Senate and the Committee on Small
22 Business of the House of Representatives a report regard-
23 ing the use by the Administration of funds made available
24 to the Administration through supplemental appropria-
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285
1 tions in fiscal year 2020, the purpose of which was for
2 administrative expenses.
3 SEC. 348. EFFECTIVE DATE; APPLICABILITY.
4 Except as otherwise provided in this Act, this Act and

5 the amendments made by this Act shall take effect on the
6 date of enactment of this Act and apply to loans and
7 grants made on or after the date of enactment of this Act.
8 TITLE IV—TRANSPORTATION
9 Subtitle A—Airline Worker Support
10 Extension
12 Unless otherwise specified, the definitions in section

13 40102(a) of title 49, United States Code, shall apply to
14 this subtitle, except that in this subtitle—
15 (1) the term ‘‘catering functions’’ means prepa-
16 ration, assembly, or both, of food, beverages, provi-
17 sions and related supplies for delivery, and the deliv-
18 ery of such items, directly to aircraft or to a location
19 on or near airport property for subsequent delivery
20 to aircraft;
21 (2) the term ‘‘contractor’’ means—
22 (A) a person that performs, under contract
23 with a passenger air carrier conducting oper-
24 ations under part 121 of title 14, Code of Fed-
25 eral Regulations—
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286
1 (i) catering functions; or
2 (ii) functions on the property of an
3 airport that are directly related to the air
4 transportation of persons, property, or
5 mail, including, but not limited to, the
6 loading and unloading of property on air-
7 craft, assistance to passengers under part
8 382 of title 14, Code of Federal Regula-
9 tions, security, airport ticketing and check-
10 in functions, ground-handling of aircraft,
11 or aircraft cleaning and sanitization func-
12 tions and waste removal; or
13 (B) a subcontractor that performs such
14 functions;
15 (3) the term ‘‘employee’’ means an individual,
16 other than a corporate officer, who is employed by
17 an air carrier or a contractor;
18 (4) the term ‘‘recall’’ means the dispatch of a
19 notice by a passenger air carrier or a contractor, via
20 mail, courier, or electronic mail, to an involuntarily
21 furloughed employee notifying the employee that—
22 (A) the employee must, within a specified
23 period of time, elect either—
24 (i) to return to employment or bypass
25 return to employment, in accordance with
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287
1 an applicable collective bargaining agree-
2 ment or, in the absence of a collective bar-
3 gaining agreement, company policy; or
4 (ii) to permanently separate from em-
5 ployment with the passenger air carrier or
6 contractor; and
7 (B) failure to respond within such time pe-
8 riod specified shall be considered an election
9 under subparagraph (A)(ii);
10 (5) the term ‘‘returning employee’’ means an
11 involuntarily furloughed employee who has elected to
12 return to employment pursuant to a recall notice;
13 and
15 of the Treasury.
16 SEC. 402. PANDEMIC RELIEF FOR AVIATION WORKERS.
17 (a) FINANCIAL ASSISTANCE FOR EMPLOYEE WAGES,

18 SALARIES, AND BENEFITS.—Notwithstanding any other
19 provision of law, to preserve aviation jobs and compensate
20 air carrier industry workers, the Secretary shall provide
21 financial assistance that shall exclusively be used for the
22 continuation of payment of employee wages, salaries, and
23 benefits to—
24 (1) passenger air carriers, in an aggregate
25 amount up to $15,000,000,000; and
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288
1 (2) contractors, in an aggregate amount up to
2 $1,000,000,000.
3 (b) ADMINISTRATIVE EXPENSES.—Notwithstanding
4 any other provision of law, the Secretary may use funds
5 made available under section 4112(b) of the CARES Act
6 (15 U.S.C. 9072(b)) for costs and administrative expenses
7 associated with providing financial assistance under this
8 subtitle.
9 SEC. 403. PROCEDURES FOR PROVIDING PAYROLL SUP-
10 PORT.
11 (a) AWARDABLE AMOUNTS.—The Secretary shall

12 provide financial assistance under this subtitle—
13 (1) to a passenger air carrier required to file re-
14 ports pursuant to part 241 of title 14, Code of Fed-
15 eral Regulations, as of March 27, 2020, in an
16 amount equal to—
17 (A) the amount such air carrier was ap-
18 proved to receive (without taking into account
19 any pro rata reduction) under section 4113 of
20 the CARES Act (15 U.S.C. 9073); or
21 (B) at the request of such air carrier, or
22 in the event such air carrier did not receive as-
23 sistance under section 4113 of the CARES Act
24 (15 U.S.C. 9073), the amount of the salaries
25 and benefits reported by the air carrier to the
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289
1 Department of Transportation pursuant to such
2 part 241, for the period from October 1, 2019,
3 through March 31, 2020;
4 (2) to a passenger air carrier that was not re-
5 quired to transmit reports under such part 241, as
6 of March 27, 2020, in an amount equal to—
7 (A) the amount such air carrier was ap-
10 the CARES Act (15 U.S.C. 9073), plus an ad-
11 ditional 15 percent of such amount;
12 (B) at the request of such air carrier, pro-
13 vided such air carrier received assistance under
14 section 4113 of the CARES Act (15 U.S.C.
15 9073), the sum of—
16 (i) the amount that such air carrier
17 certifies, using sworn financial statements
18 or other appropriate data, as the amount
19 of total salaries and related fringe benefits
20 that such air carrier incurred and would be
21 required to be reported to the Department
22 of Transportation pursuant to such part
23 241, if such air carrier was required to
24 transmit such information during the pe-
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290
1 riod from April 1, 2019, through Sep-
2 tember 30, 2019; and
3 (ii) an additional amount equal to the
4 difference between the amount certified
5 under clause (i) and the amount the air
6 carrier received under section 4113 of the
7 CARES Act (15 U.S.C. 9073); or
8 (C) in the event such air carrier did not re-
9 ceive assistance under section 4113 of the
10 CARES Act (15 U.S.C. 9073), an amount that
11 such an air carrier certifies, using sworn finan-
12 cial statements or other appropriate data, as
13 the amount of total salaries and related fringe
14 benefits that such air carrier incurred and
15 would be required to be reported to the Depart-
16 ment of Transportation pursuant to such part
17 241, if such air carrier was required to trans-
18 mit such information during the period from
19 October 1, 2019, through March 31, 2020; and
20 (3) to a contractor in an amount equal to—
21 (A) the amount such contractor was ap-
24 the CARES Act (15 U.S.C. 9073); or
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291
1 (B) in the event such contractor did not
2 receive assistance under section 4113 of the
3 CARES Act (15 U.S.C. 9073), an amount that
4 the contractor certifies, using sworn financial
5 statements or other appropriate data, as the
6 amount of wages, salaries, benefits, and other
7 compensation that such contractor paid the em-
8 ployees of such contractor during the period
9 from October 1, 2019, through March 31,
10 2020.
11 (b) DEADLINES AND PROCEDURES.—
13 (A) FORMS; TERMS AND CONDITIONS.—Fi-
14 nancial assistance provided to a passenger air

15 carrier or contractor under this subtitle shall—
16 (i) be, to the maximum extent prac-
17 ticable, in the same form and on the same
18 terms and conditions (including require-
19 ments for audits and the clawback of any
20 financial assistance provided upon failure
21 by a passenger air carrier or contractor to
22 honor the assurances specified in section
23 404), as agreed to by the Secretary and
24 the recipient for assistance received under
25 section 4113 of the CARES Act (15
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292
1 U.S.C. 9073), except if inconsistent with
2 this subtitle; or
3 (ii) in the event such a passenger air
4 carrier or a contractor did not receive as-
5 sistance under section 4113 of the CARES
6 Act (15 U.S.C. 9073), be, to the maximum
7 extent practicable, in the same form and
8 on the same terms and conditions (includ-
9 ing requirements for audits and the
10 clawback of any financial assistance pro-
11 vided upon failure by a passenger air car-
12 rier or contractor to honor the assurances
13 specified in section 404), as agreed to by
14 the Secretary and similarly situated recipi-
15 ents of assistance under such section 4113.
16 (B) PROCEDURES.—The Secretary shall,
17 to the maximum extent practicable, publish
18 streamlined and expedited procedures not later
19 than 5 days after the date of enactment of this
20 subtitle for passenger air carriers and contrac-
21 tors to submit requests for financial assistance
22 under this subtitle.
23 (2) DEADLINE FOR IMMEDIATE PAYROLL AS-
24 SISTANCE.—Not later than 10 days after the date of

25 enactment of this subtitle, the Secretary shall make
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293
1 initial payments to passenger air carriers and con-
2 tractors that submit requests for financial assistance
3 approved by the Secretary.
4 (3) SUBSEQUENT PAYMENTS.—The Secretary
5 shall determine an appropriate method for the timely
6 distribution of payments to passenger air carriers
7 and contractors with approved requests for financial
8 assistance from any funds remaining available after
9 providing initial financial assistance payments under
10 paragraph (2).
11 (c) PRO RATA REDUCTIONS.—The Secretary shall
12 have the authority to reduce, on a pro rata basis, the
13 amounts due to passenger air carriers and contractors
14 under subsection (a) in order to address any shortfall in
15 assistance that would otherwise be provided under such
16 subsection.
17 (d) AUDITS.—The Inspector General of the Depart-
18 ment of the Treasury shall audit certifications made under
19 subsection (a).
20 SEC. 404. REQUIRED ASSURANCES.
21 (a) IN GENERAL.—To be eligible for financial assist-

22 ance under this subtitle, a passenger air carrier or a con-
23 tractor shall enter into an agreement with the Secretary,
24 or otherwise certify in such form and manner as the Sec-
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294
1 retary shall prescribe, that the passenger air carrier or
2 contractor shall—
3 (1) refrain from conducting involuntary fur-
4 loughs or reducing pay rates and benefits until—
5 (A) with respect to passenger air carriers,
6 March 31, 2021; or
7 (B) with respect to contractors, March 31,
8 2021, or the date on which the contractor ex-
9 pends such financial assistance, whichever is
10 later;
11 (2) ensure that neither the passenger air carrier
12 or contractor nor any affiliate of the passenger air
13 carrier or contractor may, in any transaction, pur-
14 chase an equity security of the passenger air carrier
15 or contractor or the parent company of the pas-
16 senger air carrier or contractor that is listed on a
17 national securities exchange through—
19 March 31, 2022; or
23 later;
24 (3) ensure that the passenger air carrier or con-
25 tractor shall not pay dividends, or make other cap-
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295
1 ital distributions, with respect to common stock (or
2 equivalent interest) of the air carrier or contractor
3 through—
5 March 31, 2022; or
9 later; and
10 (4) meet the requirements of sections 405 and
11 406.
12 (b) RECALLS OF EMPLOYEES.—An agreement or cer-
13 tification under this section shall require a passenger air
14 carrier or contractor to perform the following actions:
15 (1) In the case of a passenger air carrier or
16 contractor that received financial assistance under
17 title IV of the CARES Act—
18 (A) recall (as defined in section 401), not
19 later than 72 hours after executing such agree-
20 ment or certification, any employees involun-
21 tarily furloughed by such passenger air carrier
22 or contractor between October 1, 2020, and the
23 date such passenger air carrier or contractor
24 enters into an agreement with the Secretary
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296
1 with respect to financial assistance under this
2 subtitle;
3 (B) compensate returning employees for
4 lost pay and benefits (offset by any amounts re-
5 ceived by the employee from a passenger air
6 carrier or contractor as a result of the employ-
7 ee’s furlough, including, but not limited to, fur-
8 lough pay, severance pay, or separation pay) be-
9 tween—
10 (i) in the case of a passenger air car-
11 rier, December 1, 2020, and the date on
12 which such passenger air carrier enters
13 into an agreement with the Secretary with
14 respect to financial assistance under this
15 subtitle; or
16 (ii) in the case of a contractor, the
17 date of enactment of this subtitle and the
18 date on which such contractor enters into
19 an agreement with the Secretary with re-
20 spect to financial assistance under this
21 subtitle; and
22 (C) restore the rights and protections for
23 such returning employees as if such employees
24 had not been involuntarily furloughed.
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297
1 (2) In the case of a passenger air carrier or
2 contractor that did not receive financial assistance
3 under title IV of the CARES Act to—
4 (A) recall (as defined in section 401), with-
5 in 72 hours after executing such agreement or
6 certification, any employees involuntarily fur-
7 loughed by such passenger air carrier or con-
8 tractor between March 27, 2020, and the date
9 such passenger air carrier or contractor enters
10 into an agreement with the Secretary for finan-
11 cial assistance under this subtitle;
12 (B) compensate returning employees under
13 this paragraph for lost pay and benefits (offset
14 by any amounts received by the employee from
15 a passenger air carrier or contractor as a result
16 of the employee’s furlough, including, but not
17 limited to, furlough pay, severance pay, or sepa-
18 ration pay) between—
19 (i) in the case of a passenger air car-
20 rier, December 1, 2020, and the date such
21 passenger air carrier enters into an agree-
22 ment with the Secretary for financial as-
23 sistance under this subtitle; or
24 (ii) in the case of a contractor, the
25 date of enactment of this subtitle and the
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298
1 date on which such contractor enters into
2 an agreement with the Secretary with re-
3 spect to financial assistance under this
4 subtitle; and
5 (C) restore the rights and protections for
6 such returning employees as if such employees
7 had not been involuntarily furloughed.
8 SEC. 405. PROTECTION OF COLLECTIVE BARGAINING
9 AGREEMENTS.
10 (a) IN GENERAL.—Neither the Secretary, nor any

11 other actor, department, or agency of the Federal Govern-
12 ment, shall condition the issuance of financial assistance
13 under this subtitle on a passenger air carrier’s or contrac-
14 tor’s implementation of measures to enter into negotia-
15 tions with the certified bargaining representative of a craft
16 or class of employees of the passenger air carrier or con-
17 tractor under the Railway Labor Act (45 U.S.C. 151 et
18 seq.) or the National Labor Relations Act (29 U.S.C. 151
19 et seq.), regarding pay or other terms and conditions of
20 employment.
21 (b) PASSENGER AIR CARRIER PERIOD OF EFFECT.—
22 With respect to any passenger air carrier to which finan-
23 cial assistance is provided under this subtitle, this section
24 shall be in effect with respect to the passenger air carrier
25 for the period beginning on the date on which the pas-
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299
1 senger air carrier is first issued such financial assistance
2 and ending on March 31, 2021.
3 (c) CONTRACTOR PERIOD OF EFFECT.—With respect
4 to any contractor to which financial assistance is provided
5 under this subtitle, this section shall be in effect with re-
6 spect to the contractor beginning on the date on which
7 the contractor is first issued such financial assistance and
8 ending on March 31, 2021, or until the date on which
9 all funds are expended, whichever is later.
10 SEC. 406. LIMITATION ON CERTAIN EMPLOYEE COMPENSA-
11 TION.
12 (a) IN GENERAL.—The Secretary may only provide

13 financial assistance under this subtitle to a passenger air
14 carrier or contractor after such carrier or contractor en-
15 ters into an agreement with the Secretary that provides
16 that, during the 2-year period beginning October 1, 2020,
17 and ending October 1, 2022—
18 (1) no officer or employee of the passenger air
19 carrier or contractor whose total compensation ex-
20 ceeded $425,000 in calendar year 2019 (other than
21 an employee whose compensation is determined
22 through an existing collective bargaining agreement
23 entered into prior to the date of enactment of this
24 subtitle) will receive from the passenger air carrier
25 or contractor—
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300
1 (A) total compensation that exceeds, dur-
2 ing any 12 consecutive months of such 2-year
3 period, the total compensation received by the
4 officer or employee from the passenger air car-
5 rier or contractor in calendar year 2019; or
6 (B) severance pay or other benefits upon
7 termination of employment with the passenger
8 air carrier or contractor which exceeds twice the
9 maximum total compensation received by the
10 officer or employee from the passenger air car-
11 rier or contractor in calendar year 2019; and
12 (2) no officer or employee of the passenger air
13 carrier or contractor whose total compensation ex-
14 ceeded $3,000,000 in calendar year 2019 may re-
15 ceive during any 12 consecutive months of such pe-
16 riod total compensation in excess of the sum of—
17 (A) $3,000,000; and
18 (B) 50 percent of the excess over
19 $3,000,000 of the total compensation received
20 by the officer or employee from the passenger
21 air carrier or contractor in calendar year 2019.
22 (b) TOTAL COMPENSATION DEFINED.—In this sec-
23 tion, the term ‘‘total compensation’’ includes salary, bo-
24 nuses, awards of stock, and other financial benefits pro-
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301
1 vided by a passenger air carrier or contractor to an officer
2 or employee of the passenger air carrier or contractor.
3 SEC. 407. MINIMUM AIR SERVICE GUARANTEES.
4 (a) IN GENERAL.—The Secretary of Transportation

5 is authorized to require, to the extent reasonable and prac-
6 ticable, an air carrier provided financial assistance under
7 this subtitle to maintain scheduled air transportation, as
8 the Secretary of Transportation determines necessary, to
9 ensure services to any point served by that air carrier be-
10 fore March 1, 2020.
11 (b) REQUIRED CONSIDERATIONS.—When considering
12 whether to exercise the authority provided by this section,
13 the Secretary of Transportation shall take into consider-
14 ation the air transportation needs of small and remote
15 communities, the need to maintain well-functioning health
16 care supply chains, including medical devices and supplies,
17 and pharmaceutical supply chains.
18 (c) SUNSET.—The authority provided under this sec-
19 tion shall terminate on March 1, 2022, and any require-
20 ments issued by the Secretary of Transportation under
21 this section shall cease to apply after that date.
22 (d) SENSE OF CONGRESS.—It is the sense of Con-
23 gress that, when implementing this section, the Secretary
24 of Transportation should take into consideration the fol-
25 lowing:
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302
1 (1) A number of airports and communities have
2 lost air service as a result of consolidated operations
3 by covered air carriers, as permitted by the Depart-
4 ment of Transportation, including smaller airports
5 that are located near larger airports.
6 (2) Airports covering common points, as deter-
7 mined by the Department of Transportation, do not
8 align with the grouping commonly used by many air
9 carriers, other Federal agencies, and distribution
10 channels used by consumers to purchase air travel.
11 (3) The demographic, geographic, economic,
12 and other characteristics of an area and affected
13 communities when determining whether consolidated
14 operations at a single airport effectively serve the
15 needs of the point.
16 (4) Maintaining a robust air transportation sys-
17 tem, including maintaining air service to airports
18 throughout the United States, plays an important
19 role in the effective distribution of a coronavirus vac-
20 cine.
21 (5) The objections from community respondents
22 on whether a specific airport should or should not be
23 included in a consolidated point, including those ob-
24 jections noting the importance of the required con-
25 siderations set forth in subsection (b).
December 21, 2020 (9:35 a.m.)

303
1 SEC. 408. TAXPAYER PROTECTION.
2 (a) CARES ACT ASSISTANCE RECIPIENTS.—With

3 respect to a recipient of financial assistance under section
4 4113 of the CARES Act (15 U.S.C. 9073) that receives
5 financial assistance under this subtitle, the Secretary may
6 receive warrants, options, preferred stock, debt securities,
7 notes, or other financial instruments issued by such recipi-
8 ent that are, to the maximum extent practicable, in the
9 same form and amount, and under the same terms and
10 conditions, as agreed to by the Secretary and such recipi-
11 ent to provide appropriate compensation to the Federal
12 Government for the provision of the financial assistance
13 under this subtitle.
14 (b) OTHER APPLICANTS.—With respect to a recipient
15 of financial assistance under this subtitle that did not re-
16 ceive financial assistance under section 4113 of the
17 CARES Act (15 U.S.C. 9073), the Secretary may receive
18 warrants, options, preferred stock, debt securities, notes,
19 or other financial instruments issued by such recipient in
20 a form and amount that are, to the maximum extent prac-
21 ticable, under the same terms and conditions as agreed
22 to by the Secretary and similarly situated recipients of fi-
23 nancial assistance under such section to provide appro-
24 priate compensation to the Federal Government for the
25 provision of the financial assistance under this subtitle.
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304
1 SEC. 409. REPORTS.
2 (a) REPORT.—Not later than May 1, 2021, the Sec-

3 retary shall submit to the Committee on Transportation
4 and Infrastructure and the Committee on Financial Serv-
5 ices of the House of Representatives and the Committee
6 on Commerce, Science, and Transportation and the Com-
7 mittee on Banking, Housing, and Urban Affairs of the
8 Senate a report on the financial assistance provided to
9 passenger air carriers and contractors under this subtitle,
10 that includes—
11 (1) a description of any financial assistance
12 provided to passenger air carriers under this sub-
13 title;
14 (2) any audits of passenger air carriers or con-
15 tractors receiving financial assistance under this
16 subtitle;
17 (3) any reports filed by passenger air carriers
18 or contractors receiving financial assistance under
19 this subtitle;
20 (4) any instances of non-compliance by pas-
21 senger air carriers or contractors receiving financial
22 assistance under this subtitle with the requirements
23 of this subtitle or agreements entered into with the
24 Secretary to receive such financial assistance; and
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305
1 (5) information relating to any clawback of any
2 financial assistance provided to passenger air car-
3 riers or contractors under this subtitle.
4 (b) INTERNET UPDATES.—The Secretary shall up-
5 date the website of the Department of the Treasury, at
6 minimum, on a weekly basis as necessary to reflect new
7 or revised distributions of financial assistance under this
8 subtitle with respect to each passenger air carrier or con-
9 tractor that receives such assistance, the identification of
10 any applicant that applied for financial assistance under
11 this subtitle, and the date of application for such assist-
12 ance.
13 (c) SUPPLEMENTAL UPDATE.—Not later than the
14 last day of the 1-year period following the date of enact-
15 ment of this subtitle, the Secretary shall update and sub-
16 mit to the Committee on Transportation and Infrastruc-
17 ture and the Committee on Financial Services of the
18 House of Representatives and the Committee on Com-
19 merce, Science, and Transportation and the Committee on
20 Banking, Housing, and Urban Affairs of the Senate, the
21 report submitted under subsection (a).
22 (d) PROTECTION OF CERTAIN DATA.—The Secretary
23 may withhold information that would otherwise be re-
24 quired to be made available under this section only if the
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306
1 Secretary determines to withhold the information in ac-
2 cordance with section 552 of title 5, United States Code.
3 SEC. 410. COORDINATION.
4 In implementing this subtitle, the Secretary shall co-

5 ordinate with the Secretary of Transportation.
6 SEC. 411. FUNDING.
7 There is appropriated, out of amounts in the Treas-

8 ury not otherwise appropriated, $16,000,000,000 to carry
9 out this subtitle, to remain available until expended.
10 SEC. 412. CARES ACT AMENDMENTS.
11 (a) CONTINUED APPLICATION OF REQUIRED ASSUR-

12 ANCES.—Section 4114 of the CARES Act (15 U.S.C.
13 9074) is amended by adding at the end the following new
14 subsections:
15 ‘‘(c) CONTINUED APPLICATION.—
16 ‘‘(1) IN GENERAL.—If, after the date of enact-
17 ment of this subsection, a contractor expends any
18 funds made available pursuant to section 4112 and
19 distributed pursuant to section 4113, the assurances
20 in paragraphs (1) through (3) of subsection (a) shall
21 continue to apply until the dates included in such
22 paragraphs, or the date on which the contractor
23 fully expends such financial assistance, whichever is
24 later.
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307
1 ‘‘(2) SPECIAL RULE.—Not later than April 5,
2 2021, each contractor described in section
3 4111(3)(A)(i) that has received funds pursuant to
4 such section 4112 shall report to the Secretary on
5 the amount of such funds that the contractor has
6 expended through March 31, 2021. If the contractor
7 has expended an amount that is less than 100 per-
8 cent of the total amount of funds the contractor re-
9 ceived under such section, the Secretary shall ini-
10 tiate an action to recover any funds that remain un-
11 expended as of April 30, 2021.
12 ‘‘(d) RECALL OF EMPLOYEES.—
13 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
14 any contractor that has unspent financial assistance
15 provided under this subtitle as of the date of enact-
16 ment of this subsection and conducted involuntary
17 furloughs or reduced pay rates and benefits, between
18 March 27, 2020, and the date on which the con-
19 tractor entered into an agreement with the Secretary
20 related to financial assistance under this subtitle,
21 shall recall (as defined in section 4111) employees
22 who were involuntarily furloughed during such pe-
23 riod by not later than January 4, 2021.
24 ‘‘(2) WAIVER.—The Secretary of the Treasury
25 shall waive the requirement under paragraph (1) for
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308
1 a contractor to recall employees if the contractor
2 certifies that the contractor has or will have insuffi-
3 cient remaining financial assistance provided under
4 this subtitle to keep recalled employees employed for
5 more than two weeks upon returning to work.
6 ‘‘(3) AUDITS.—The Inspector General of the
7 Department of the Treasury shall audit certifi-
8 cations made under paragraph (2).’’.
9 (b) DEFINITION OF RECALL.—Section 4111 of the
10 CARES Act (15 U.S.C. 9071) is amended—
11 (1) in paragraph (4) by striking ‘‘and’’ at the
12 end;
13 (2) by redesignating paragraph (5) as para-
14 graph (6); and
15 (3) by inserting after paragraph (4) the fol-
16 lowing:
17 ‘‘(5) the term ‘recall’ means the dispatch of a
18 notice by a contractor, via mail, courier, or electronic
19 mail, to an involuntarily furloughed employee noti-
20 fying the employee that—
21 ‘‘(A) the employee must, within a specified
22 period of time that is not less than 14 days,
23 elect either—
24 ‘‘(i) to return to employment or by-
25 pass return to employment in accordance
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309
1 with an applicable collective bargaining
2 agreement or, in the absence of a collective
3 bargaining agreement, company policy; or
4 ‘‘(ii) to permanently separate from
5 employment with the contractor; and
6 ‘‘(B) failure to respond within such time
7 period specified will be deemed to be an election
8 under subparagraph (A)(ii); and’’.
9 (c) DEFINITION OF BUSINESSES CRITICAL TO MAIN-
10 TAINING NATIONAL SECURITY.—Section 4002 of the
11 CARES Act (15 U.S.C. 9041) is amended by adding at
13 ‘‘(11) AEROSPACE-RELATED BUSINESSES CRIT-
14 ICAL TO MAINTAINING NATIONAL SECURITY.—The
15 term ‘businesses critical to maintaining national se-

16 curity’ means those businesses that manufacture or
17 produce aerospace-related products, civil or defense,
18 including those that design, integrate, assemble, sup-
19 ply, maintain, and repair such products, and other
20 businesses involved in aerospace-related manufac-
21 turing or production as further defined by the Sec-
22 retary, in consultation with the Secretary of Defense
23 and the Secretary of Transportation. For purposes
24 of the preceding sentence, aerospace-related products
25 include, but are not limited to, components, parts, or
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310
1 systems of aircraft, aircraft engines, or appliances
2 for inclusion in an aircraft, aircraft engine, or appli-
3 ance.’’.
4 Subtitle B—Coronavirus Economic
5 Relief for Transportation Serv-
6 ices Act
8 This subtitle may be cited as the ‘‘Coronavirus Eco-

9 nomic Relief for Transportation Services Act’’.
10 SEC. 421. ASSISTANCE FOR PROVIDERS OF TRANSPOR-
11 TATION SERVICES AFFECTED BY COVID–19.

13 (1) COVERED PERIOD.—The term ‘‘covered pe-
14 riod’’, with respect to a provider of transportation
15 services, means the period—
16 (A) beginning on the date of enactment of
17 this Act; and
18 (B) ending on the later of—
19 (i) March 31, 2021; or
20 (ii) the date on which all funds pro-
21 vided to the provider of transportation
22 services under subsection (c) are expended.
23 (2) COVID–19.—The term ‘‘COVID–19’’
24 means the Coronavirus Disease 2019.
25 (3) PAYROLL COSTS.—
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311
1 (A) IN GENERAL.—The term ‘‘payroll
2 costs’’ means—
3 (i) any payment to an employee of
4 compensation in the form of—
5 (I) salary, wage, commission, or
6 similar compensation;
7 (II) payment of a cash tip or an
8 equivalent;
9 (III) payment for vacation, pa-
10 rental, family, medical, or sick leave;
11 (IV) payment required for the
12 provision of group health care or
13 other group insurance benefits, includ-
14 ing insurance premiums;
15 (V) payment of a retirement ben-
16 efit;
17 (VI) payment of a State or local
18 tax assessed on employees with re-
19 spect to compensation; or
20 (VII) paid administrative leave;
21 and
22 (ii) any payment of compensation to,
23 or income of, a sole proprietor or inde-
24 pendent contractor—
25 (I) that is—
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312
1 (aa) a wage;
2 (bb) a commission;
3 (cc) income;
4 (dd) net earnings from self-
5 employment; or
6 (ee) similar compensation;
7 and
8 (II) in an amount equal to not
9 more than $100,000 during 1 cal-
10 endar year, as prorated for the cov-
11 ered period.
12 (B) EXCLUSIONS.—The term ‘‘payroll
13 costs’’ does not include—
14 (i) any compensation of an individual
15 employee in excess of an annual salary of
16 $100,000, as prorated for the covered pe-
17 riod;
18 (ii) any tax imposed or withheld under
19 chapter 21, 22, or 24 of the Internal Rev-
20 enue Code of 1986 during the covered pe-
21 riod;
22 (iii) any compensation of an employee
23 whose principal place of residence is out-
24 side the United States;
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313
1 (iv) any qualified sick leave wages for
2 which a credit is allowed under section
3 7001 of the Families First Coronavirus
4 Response Act (26 U.S.C. 3111 note; Pub-
5 lic Law 116–127);
6 (v) any qualified family leave wages
7 for which a credit is allowed under section
8 7003 of that Act (26 U.S.C. 3111 note;
9 Public Law 116–127); or
10 (vi) any bonus, raise in excess of in-
11 flation, or other form of additional em-
12 ployee compensation.
13 (4) PROVIDER OF TRANSPORTATION SERV-
14 ICES.—The term ‘‘provider of transportation serv-

15 ices’’ means an entity that—
16 (A) is established or organized—
17 (i) in the United States; or
18 (ii) pursuant to Federal law;
19 (B) has significant operations, and a ma-
20 jority of employees based, in the United States;
21 (C) was in operation on March 1, 2020;
22 and
23 (D) is the operator of—
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314
1 (i) a vessel of the United States (as
2 defined in section 116 of title 46, United
3 States Code) that is—
4 (I) a passenger vessel (as defined
5 in section 2101 of that title) carrying
6 fewer than 2,400 passengers;
7 (II) a small passenger vessel (as
8 defined in section 2101 of that title);
9 or
10 (III) a vessel providing pilotage
11 services and regulated by a State in
12 accordance with chapter 85 of that
13 title;
14 (ii) a company providing transpor-
15 tation services using a bus characterized
16 by an elevated passenger deck located over
17 a baggage compartment (commonly known
18 as an ‘‘over-the-road bus’’), including local
19 and intercity fixed-route service, commuter
20 service, and charter or tour service (includ-
21 ing tour or excursion service that includes
22 features in addition to bus transportation,
23 such as meals, lodging, admission to points
24 of interest or special attractions, or the
25 services of a guide);
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315
1 (iii) a company providing transpor-
2 tation services using a school bus (as de-
3 fined in section 571.3 of title 49, Code of
4 Federal Regulations (or successor regula-
5 tions)); or
6 (iv) any other passenger transpor-
7 tation service company subject to regula-
8 tion by the Department of Transportation
9 as the Secretary, in consultation with the
10 Secretary of Transportation, determines to
11 be appropriate.
13 the Secretary of the Treasury.
14 (b) FUNDING.—Out of any funds in the Treasury not
15 otherwise appropriated, there are appropriated to provide
16 grants to eligible providers of transportation services
17 under this section, $2,000,000,000 for fiscal year 2021,
19 (c) PROVISION OF ASSISTANCE.—
20 (1) IN GENERAL.—The Secretary, in consulta-
21 tion with the Secretary of Transportation, shall use
22 the amounts made available under subsection (b) to
23 provide grants to eligible providers of transportation
24 services described in paragraph (2) that certify to
25 the Secretary that the providers of transportation
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316
1 services have experienced a revenue loss of 25 per-
2 cent or more, on an annual basis, as a direct or indi-
3 rect result of COVID–19.
4 (2) DESCRIPTION OF ELIGIBLE PROVIDERS OF
5 TRANSPORTATION SERVICES.—
6 (A) IN GENERAL.—An eligible provider of

7 transportation services referred to in paragraph
8 (1) is—
9 (i) a provider of transportation serv-
10 ices that, on March 1, 2020—
11 (I) had 500 or fewer full-time,
12 part-time, or temporary employees;
13 and
14 (II) was not a subsidiary, parent,
15 or affiliate of any other entity with a
16 combined total workforce of more
17 than 500 full-time, part-time, or tem-
18 porary employees; or
19 (ii) a provider of transportation serv-
20 ices that—
21 (I) on March 1, 2020, had more
22 than 500 full-time, part-time, or tem-
23 porary employees; and
24 (II) has not received assistance
25 under paragraph (1), (2), or (3) of
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317
1 section 4003(b), or subtitle B of title
2 IV of division A, of the Coronavirus
3 Aid, Relief, and Economic Security
4 Act (Public Law 116–136; 134 Stat.
5 281).
6 (B) SCOPE OF ELIGIBILITY FOR CERTAIN
7 COMPANIES.—
8 (i) IN GENERAL.—A provider of trans-

9 portation services that has entered into or
10 maintains a contract or agreement de-
11 scribed in clause (ii) shall not be deter-
12 mined to be ineligible for assistance under
13 this subsection on the basis of that con-
14 tract or agreement, subject to clause (iv).
15 (ii) CONTRACT OR AGREEMENT DE-
16 SCRIBED.—A contract or agreement re-

17 ferred to in clause (i) is a contract or
18 agreement for transportation services that
19 is supported by a public entity using funds
20 received under the Emergency Appropria-
21 tions for Coronavirus Health Response and
22 Agency Operations (division B of Public
23 Law 116–136; 134 Stat. 505).
24 (iii) ADJUSTMENT OF ASSISTANCE.—
25 The Secretary may reduce the amount of
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318
1 assistance available under this subsection
2 to a provider of transportation services de-
3 scribed in clause (i) based on the amount
4 of funds provided under this section or the
5 Emergency Appropriations for Coronavirus
6 Health Response and Agency Operations
7 (division B of Public Law 116–136; 134
8 Stat. 505) that have supported a contract
9 or agreement described in clause (ii) to
10 which the provider of transportation serv-
11 ices is a party.
12 (iv) NOTICE REQUIREMENT.—A pro-
13 vider of transportation services that has
14 entered into or maintains a contract or
15 agreement described in clause (ii), and
16 that applies for assistance under this sub-
17 section, shall submit to the Secretary a no-
18 tice describing the contract or agreement,
19 including the amount of funds provided for
20 the contract or agreement under this sub-
21 section or the Emergency Appropriations
22 for Coronavirus Health Response and
23 Agency Operations (division B of Public
24 Law 116–136; 134 Stat. 505).
25 (3) AMOUNT.—
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319
1 (A) FACTORS FOR CONSIDERATION.—In
2 determining the amount of assistance to be pro-

3 vided to an eligible provider of transportation
4 services under this subsection, the Secretary
5 shall take into consideration information pro-
6 vided by the provider of transportation services,
7 including—
8 (i) the amount of debt owed by the
9 provider of transportation services on
10 major equipment, if any;
11 (ii) other sources of Federal assist-
12 ance provided to the provider of transpor-
13 tation services, if any; and
14 (iii) such other information as the
15 Secretary may require.
16 (B) LIMITATIONS.—
17 (i) AWARD.—The Secretary shall en-
18 sure that the amount of assistance pro-
19 vided to a provider of transportation serv-
20 ices under this subsection, when combined
21 with any other Federal assistance provided
22 in response to COVID–19 under the
23 Coronavirus Aid, Relief, and Economic Se-
24 curity Act (Public Law 116–136; 134 Stat.
25 281), the Paycheck Protection Program
December 21, 2020 (9:35 a.m.)

320
1 and Health Care Enhancement Act (Public
2 Law 116–139; 134 Stat. 620), or any
3 other provision of law, does not exceed the
4 total amount of revenue earned by the pro-
5 vider of transportation services during cal-
6 endar year 2019.
7 (ii) CERTIFICATION.—A provider of
8 transportation services seeking assistance
9 under this subsection shall submit to the
10 Secretary—
11 (I) documentation describing the
12 total amount of revenue earned by the
13 provider of transportation services
14 during calendar year 2019; and
15 (II) a certification that the
16 amount of assistance sought under
17 this subsection, when combined with
18 any other Federal assistance described
19 in clause (i), does not exceed the total
20 amount of revenue earned by the pro-
21 vider of transportation services during
22 calendar year 2019.
23 (4) FORM OF ASSISTANCE.—The amounts made
24 available under subsection (b) shall be provided to
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321
1 eligible providers of transportation services in the
2 form of grants.
3 (5) EQUAL ACCESS.—The Secretary shall en-
4 sure equal access to the assistance provided under
5 this section to eligible providers of transportation
6 services that are small, minority-owned, and women-
7 owned businesses.
8 (6) CONDITIONS OF RECEIPT.—As a condition
9 of receipt of assistance under this subsection, the
10 Secretary shall require that a provider of transpor-
11 tation services shall agree—
12 (A) subject to paragraph (7)—
13 (i) to commence using the funds, on a
14 priority basis and to the extent the funds
15 are available, to maintain through the ap-
16 plicable covered period, expenditures on
17 payroll costs for all employees as of the
18 date of enactment of this Act, after mak-
19 ing any adjustments required for—
20 (I) retirement; or
21 (II) voluntary employee separa-
22 tion;
23 (ii) not to impose, during the covered
24 period—
25 (I) any involuntary furlough; or
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322
1 (II) any reduction in pay rates or
2 benefits for nonexecutive employees;
3 and
4 (iii) to recall or rehire any employees
5 laid off, furloughed, or terminated after
6 March 27, 2020, to the extent warranted
7 by increased service levels;
8 (B) to return to the Secretary any funds
9 received under this subsection that are not used
10 by the provider of transportation services by the
11 date that is 1 year after the date of receipt of
12 the funds; and
13 (C) to examine the anticipated expenditure
14 of the funds by the provider of transportation
15 services for the purposes described in subpara-
16 graph (A) not less frequently than once every
17 90 days after the date of receipt of the funds.
18 (7) RAMP-UP PERIOD.—The requirement de-
19 scribed in paragraph (6)(A)(iii) shall not apply to a
20 provider of transportation services until the later
21 of—
22 (A) the date that is 30 days after the date
23 of receipt of the funds; and
24 (B) the date that is 90 days after the date
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323
1 (8) ADDITIONAL CONDITIONS OF CERTAIN RE-
2 CEIPTS.—
3 (A) PRIORITIZATION OF PAYROLL
4 COSTS.—As a condition of receipt of a grant

5 under this subsection, the Secretary shall re-
6 quire that, except as provided in subparagraph
7 (B), a provider of transportation services shall
8 agree to use an amount equal to not less than
9 60 percent of the funds on payroll costs of the
10 provider of transportation services.
11 (B) EXCEPTION.—Subparagraph (A) shall
12 not apply to a provider of transportation serv-
13 ices if the provider of transportation services
14 certifies to the Secretary that, after making any
15 adjustments required for retirement or vol-
16 untary employee separation—
17 (i) each nonseasonal employee on the
18 payroll of the provider of transportation
19 services on January 1, 2020—
20 (I) if laid off, furloughed, or ter-
21 minated by the provider of transpor-
22 tation services as described in para-
23 graph (6)(A)(iii), is rehired, or has
24 been offered rehire, by the provider of
25 transportation services; and
December 21, 2020 (9:35 a.m.)

324
1 (II) if rehired under clause (i) or
2 subject to a reduction in salary before
3 the date of receipt by the provider of
4 transportation services of assistance
5 under this subsection, receives not less
6 than 100 percent of the previous sal-
7 ary of the employee;
8 (ii) the provider of transportation
9 services—
10 (I) is staffed at a level of full-
11 time equivalent, seasonal employees,
12 on a monthly basis, that is greater
13 than or equivalent to the level at
14 which the provider of transportation
15 services was staffed with full-time
16 equivalent, seasonal employees on a
17 monthly basis during calendar year
18 2019;
19 (II) is offering priority in rehir-
20 ing to seasonal employees that were
21 laid off, furloughed, terminated, or
22 not offered rehire in calendar year
23 2020, as the provider of transpor-
24 tation services achieves staffing at the
25 level described in subclause (I); and
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325
1 (III) offers any seasonal em-
2 ployee rehired under subclause (II) or
3 subject to a reduction in salary before
4 the date of receipt by the provider of
5 transportation services of assistance
6 under this subsection not less than
7 100 percent of the previous salary of
8 the employee; and
9 (iii) the provider of transportation
10 services will fully cover, through the appli-
11 cable covered period, all payroll costs asso-
12 ciated with the staffing requirements de-
13 scribed in clauses (i) and (ii).
14 (9) FORMS; TERMS AND CONDITIONS.—A grant
15 provided under this section shall be in such form,
16 subject to such terms and conditions, and contain
17 such covenants, representations, warranties, and re-
18 quirements (including requirements for audits) as
19 the Secretary determines to be appropriate in ac-
20 cordance with this section.
21 (d) ELIGIBLE ACTIVITIES.—
22 (1) IN GENERAL.—Subject to the priority de-
23 scribed in subsection (c)(6)(A), a provider of trans-
24 portation services shall use assistance provided
25 under subsection (c) only for—
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326
1 (A) the payment of payroll costs;
2 (B) the acquisition of services, equipment,
3 including personal protective equipment, and
4 other measures needed to protect workers and
5 customers from COVID–19;
6 (C) continued operations and maintenance
7 during the applicable covered period of existing
8 capital equipment and facilities—
9 (i) including rent, leases, insurance,
10 and interest on regularly scheduled debt
11 service; but
12 (ii) not including any prepayment of,
13 or payment of principal on, a debt obliga-
14 tion, except for any principal on a debt ob-
15 ligation accrued by the provider of trans-
16 portation services directly to maintain the
17 expenditures of the provider of transpor-
18 tation services on payroll costs throughout
19 the COVID–19 pandemic; or
20 (D) the compensation of returning employ-
21 ees for lost pay and benefits during the
22 COVID–19 pandemic, subject to subsection (e).
23 (2) ELIGIBILITY.—The use of assistance pro-
24 vided under subsection (c) for the compensation of
25 returning employees under paragraph (1)(D) shall
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327
1 be counted toward the required amount of grants to
2 be used on payroll costs under subsection (c)(6)(A).
3 (e) COMPENSATION OF RETURNING EMPLOYEES.—
4 Notwithstanding any other provision of law, any com-
5 pensation provided to a returning employee under sub-
6 section (d)(1)(D)—
7 (1) shall be offset by—
8 (A) any amounts received by the employee
9 from the provider of transportation services as
10 a result of the layoff, furlough, or termination
11 of the employee or any failure to hire the em-
12 ployee for seasonal employment during calendar
13 year 2020, including—
14 (i) furlough pay;
15 (ii) severance pay; or
16 (iii) separation pay; and
17 (B) any amounts the employee received
18 from unemployment insurance; and
19 (2) shall not—
20 (A) be considered an overpayment for pur-
21 poses of any State or Federal unemployment
22 law; or
23 (B) be subject to any overpayment recov-
24 ery efforts by a State agency (as defined in sec-
25 tion 205 of the Federal-State Extended Unem-
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328
1 ployment Compensation Act of 1970 (U.S.C.
2 3304 note)).
3 (f) ADMINISTRATIVE PROVISIONS.—
4 (1) IN GENERAL.—The Secretary may take
5 such actions as the Secretary determines to be nec-
6 essary to carry out this section, including—
7 (A) using direct hiring authority to hire
8 employees to administer this section;
9 (B) entering into contracts, including con-
10 tracts for services authorized by this section;
11 and
12 (C) issuing such regulations and other
13 guidance as may be necessary or appropriate to
14 carry out the purposes of this section.
15 (2) ADMINISTRATIVE EXPENSES.—Of the funds
16 made available under this section, not more than
17 $50,000,000 may be used by the Secretary for ad-
18 ministrative expenses to carry out this section.
19 (3) AVAILABILITY FOR OBLIGATION.—The
20 funds made available under this section shall remain

21 available for obligation until the date that is 3 years
22 after the date of enactment of this Act.
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329
1 Subtitle C—Motor Carrier Safety
2 Grant Relief Act of 2020
4 This subtitle may be cited as the ‘‘Motor Carrier

5 Safety Grant Relief Act of 2020’’.
6 SEC. 441. RELIEF FOR RECIPIENTS OF FINANCIAL ASSIST-
7 ANCE AWARDS FROM THE FEDERAL MOTOR
8 CARRIER SAFETY ADMINISTRATION.
9 (a) DEFINITION OF SECRETARY.—In this section, the

10 term ‘‘Secretary’’ means the Secretary of Transportation.
11 (b) RELIEF FOR RECIPIENTS OF FINANCIAL ASSIST-
12 ANCE AWARDED FOR FISCAL YEARS 2019 AND 2020.—
13 (1) IN GENERAL.—Notwithstanding any provi-
14 sion of chapter 311 of title 49, United States Code
15 (including any applicable period of availability under
16 section 31104(f) of that title), and any regulations
17 promulgated under that chapter and subject to para-
18 graph (2), the period of availability during which a
19 recipient may expend amounts made available to the
20 recipient under a grant or cooperative agreement de-
21 scribed in subparagraphs (A) through (E) shall be—
22 (A) for a grant made under section 31102
23 of that title (other than subsection (l) of that
24 section)—
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330
1 (i) the fiscal year in which the Sec-
2 retary approves the financial assistance
3 agreement with respect to the grant; and
4 (ii) the following 2 fiscal years;
5 (B) for a grant made or a cooperative
6 agreement entered into under section
7 31102(l)(2) of that title—
10 agreement with respect to the grant or co-
11 operative agreement; and
13 (C) for a grant made under section
14 31102(l)(3) of that title—
19 (D) for a grant made under section 31103
20 of that title—
24 (ii) the following 2 fiscal years; and
December 21, 2020 (9:35 a.m.)

331
1 (E) for a grant made or a cooperative
2 agreement entered into under section 31313 of
3 that title—
4 (i) the year in which the Secretary ap-
5 proves the financial assistance agreement
6 with respect to the grant or cooperative
7 agreement; and
8 (ii) the following 5 fiscal years.
9 (2) APPLICABILITY.—
10 (A) AMOUNTS AWARDED FOR FISCAL
11 YEARS 2019 AND 2020.—The periods of avail-

12 ability described in paragraph (1) shall apply
13 only—
14 (i) to amounts awarded for fiscal year
15 2019 or 2020 under a grant or cooperative
16 agreement described in subparagraphs (A)
17 through (E) of that paragraph; and
18 (ii) for the purpose of expanding the
19 period of availability during which the re-
20 cipient may expend the amounts described
21 in clause (i).
22 (B) AMOUNTS AWARDED FOR OTHER
23 YEARS.—The periods of availability described in

24 paragraph (1) shall not apply to any amounts
25 awarded under a grant or cooperative agree-
December 21, 2020 (9:35 a.m.)

332
1 ment described in subparagraphs (A) through
2 (E) of that paragraph for any fiscal year other
3 than fiscal year 2019 or 2020, and those
4 amounts shall be subject to the period of avail-
5 ability otherwise applicable to those amounts
6 under Federal law.
7 Subtitle D—Extension of Waiver
8 Authority
9 SEC. 442. EXTENSION OF WAIVER AUTHORITY.
10 Notwithstanding any other provision of law, in fiscal

11 year 2021, the Secretary of Transportation may exercise
12 the authority provided by section 22005 of division B of
13 the CARES Act (23 U.S.C. 401 note; Public Law 116–
14 136).
15 TITLE V—BANKING
16 Subtitle A—Emergency Rental
17 Assistance
18 SEC. 501. EMERGENCY RENTAL ASSISTANCE.
19 (a) APPROPRIATION.—
20 (1) IN GENERAL.—Out of any money in the
21 Treasury of the United States not otherwise appro-
22 priated, there are appropriated for making payments
23 to eligible grantees under this section,
24 $25,000,000,000 for fiscal year 2021.
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333
1 (2) RESERVATION OF FUNDS FOR THE TERRI-
2 TORIES AND TRIBAL COMMUNITIES.—Of the amount

3 appropriated under paragraph (1), the Secretary
4 shall reserve—
5 (A) $400,000,000 of such amount for
6 making payments under this section to the
7 Commonwealth of Puerto Rico, the United
8 States Virgin Islands, Guam, the Common-
9 wealth of the Northern Mariana Islands, and
10 American Samoa; and
11 (B) $800,000,000 of such amount for
12 making payments under this section to eligible
13 grantees described in subparagraphs (C) and
14 (D) of subsection (k)(2); and
15 (C) $15,000,000 for administrative ex-
16 penses of the Secretary described in subsection
17 (h).
18 (b) PAYMENTS FOR RENTAL ASSISTANCE.—
19 (1) ALLOCATION AND PAYMENTS TO STATES
20 AND UNITS OF LOCAL GOVERNMENT.—
21 (A) IN GENERAL.—The amount appro-

22 priated under paragraph (1) of subsection (a)
23 that remains after the application of paragraph
24 (2) of such subsection shall be allocated and
25 paid to eligible grantees described in subpara-
December 21, 2020 (9:35 a.m.)

334
1 graph (B) in the same manner as the amount
2 appropriated under subsection (a)(1) of section
3 601 of the Social Security Act (42 U.S.C. 801)
4 is allocated and paid to States and units of
5 local government under subsections (b) and (c)
6 of such section, and shall be subject to the
7 same requirements, except that—
8 (i) the deadline for payments under
9 section 601(b)(1) of such Act shall, for
10 purposes of payments under this section,
11 be deemed to be not later than 30 days
12 after the date of enactment of this section;
13 (ii) the amount referred to in para-
14 graph (3) of section 601(c) of such Act
15 shall be deemed to be the amount appro-
16 priated under paragraph (1) of subsection
17 (a) of this Act that remains after the ap-
18 plication of paragraph (2) of such sub-
19 section;
20 (iii) section 601(c) of the Social Secu-
21 rity Act shall be applied—
22 (I) by substituting ‘‘1 of the 50
23 States or the District of Columbia’’
24 for ‘‘1 of the 50 States’’ each place it
25 appears;
December 21, 2020 (9:35 a.m.)

335
1 (II) in paragraph (2)(A), by sub-
2 stituting ‘‘ $200,000,000’’ for ‘‘
3 $1,250,000,000’’;
4 (III) in paragraph (2)(B), by
5 substituting ‘‘each of the 50 States
6 and District of Columbia’’ for ‘‘each
7 of the 50 States’’;
8 (IV) in paragraph (4), by sub-
9 stituting ‘‘excluding the Common-
10 wealth of Puerto Rico, the United
11 States Virgin Islands, Guam, the
12 Commonwealth of the Northern Mar-
13 iana Islands, and American Samoa’’
14 for ‘‘excluding the District of Colum-
15 bia and territories specified in sub-
16 section (a)(2)(A)’’; and
17 (V) without regard to paragraph
18 (6);
19 (iv) section 601(d) of such Act shall
20 not apply to such payments; and
21 (v) section 601(e) shall be applied —
22 (I) by substituting ‘‘under section
23 501 of subtitle A of title V of division
24 N of the Consolidated Appropriations
December 21, 2020 (9:35 a.m.)

336
1 Act, 2021’’ for ‘‘under this section’’;
2 and
3 (II) by substituting ‘‘local gov-
4 ernment elects to receive funds from
5 the Secretary under section 501 of
6 subtitle A of title V of division N of
7 the Consolidated Appropriations Act,
8 2021 and will use the funds in a man-
9 ner consistent with such section’’ for
10 ‘‘local government’s proposed uses of
11 the funds are consistent with sub-
12 section (d)’’.
13 (B) ELIGIBLE GRANTEES DESCRIBED.—
14 The eligible grantees described in this subpara-

15 graph are the following:
16 (i) A State that is 1 of the 50 States
17 or the District of Columbia.
18 (ii) A unit of local government located
19 in a State described in clause (i).
20 (2) ALLOCATION AND PAYMENTS TO TRIBAL
21 COMMUNITIES.—
22 (A) IN GENERAL.—From the amount re-

23 served under subsection (a)(2)(B), the Sec-
24 retary shall—
December 21, 2020 (9:35 a.m.)

337
1 (i) pay the amount equal to 0.3 per-
2 cent of such amount to the Department of
3 Hawaiian Home Lands; and
4 (ii) subject to subparagraph (B), from
5 the remainder of such amount, allocate
6 and pay to each Indian tribe (or, if appli-
7 cable, the tribally designated housing enti-
8 ty of an Indian tribe) that was eligible for
9 a grant under title I of the Native Amer-
10 ican Housing Assistance and Self-Deter-
11 mination Act of 1996 (NAHASDA) (25
12 U.S.C. 4111 et seq.) for fiscal year 2020
13 an amount that bears the same proportion
14 to the such remainder as the amount each
15 such Indian tribe (or entity) was eligible to
16 receive for such fiscal year from the
17 amount appropriated under paragraph (1)
18 under the heading ‘‘NATIVE AMERICAN
19 PROGRAMS’’ under the heading ‘‘PUBLIC

20 AND INDIAN HOUSING’’ of title II of divi-
21 sion H of the Further Consolidated Appro-
22 priations Act, 2020 (Public Law 116–94)
23 to carry out the Native American Housing
24 Block Grants program bears to the amount
25 appropriated under such paragraph for
December 21, 2020 (9:35 a.m.)

338
1 such fiscal year, provided the Secretary
2 shall be authorized to allocate, in an equi-
3 table manner as determined by the Sec-
4 retary, and pay any Indian tribe that opted
5 out of receiving a grant allocation under
6 the Native American Housing Block
7 Grants program formula in fiscal year
8 2020, including by establishing a minimum
9 amount of payments to such Indian tribe,
10 provided such Indian tribe notifies the Sec-
11 retary not later than 30 days after the
12 date of enactment of this Act that it in-
13 tends to receive allocations and payments
14 under this section.
15 (B) PRO RATA ADJUSTMENT; DISTRIBU-
16 TION OF DECLINED FUNDS.—
17 (i) PRO RATA ADJUSTMENTS.—The
18 Secretary shall make pro rata reductions

19 in the amounts of the allocations deter-
20 mined under clause (ii) of subparagraph
21 (A) for entities described in such clause as
22 necessary to ensure that the total amount
23 of payments made pursuant to such clause
24 does not exceed the remainder amount de-
25 scribed in such clause.
December 21, 2020 (9:35 a.m.)

339
1 (ii) DISTRIBUTION OF DECLINED
2 FUNDS.—If the Secretary determines as of

3 30 days after the date of enactment of this
4 Act that an entity described in clause (ii)
5 of subparagraph (A) has declined to re-
6 ceive its full allocation under such clause
7 then, not later than 15 days after such
8 date, the Secretary shall redistribute, on a
9 pro rata basis, such allocation among the
10 other entities described in such clause that
11 have not declined to receive their alloca-
12 tions.
13 (3) ALLOCATIONS AND PAYMENTS TO TERRI-
14 TORIES.—
15 (A) IN GENERAL.—From the amount re-

16 served under subsection (a)(2)(A), subject to
17 subparagraph (B), the Secretary shall allocate
18 and pay to each eligible grantee described in
19 subparagraph (C) an amount equal to the prod-
20 uct of—
21 (i) the amount so reserved; and
22 (ii) each such eligible grantee’s share
23 of the combined total population of all
24 such eligible grantees, as determined by
25 the Secretary.
December 21, 2020 (9:35 a.m.)

340
1 (B) ALLOCATION ADJUSTMENT.—
2 (i) REQUIREMENT.—The sum of the

3 amounts allocated under subparagraph (A)
4 to all of the eligible grantees described in
5 clause (ii) of subparagraph (C) shall not be
6 less than the amount equal to 0.3 percent
7 of the amount appropriated under sub-
8 section (a)(1).
9 (ii) REDUCTION.—The Secretary shall
10 reduce the amount of the allocation deter-
11 mined under subparagraph (A) for the eli-
12 gible grantee described in clause (i) of sub-
13 paragraph (C) as necessary to meet the re-
14 quirement of clause (i).
15 (C) ELIGIBLE GRANTEES DESCRIBED.—
16 The eligible grantees described in this subpara-

17 graph are—
18 (i) the Commonwealth of Puerto Rico;
19 and
20 (ii) the United States Virgin Islands,
21 Guam, the Commonwealth of the Northern
22 Mariana Islands, and American Samoa.
23 (c) USE OF FUNDS.—
24 (1) IN GENERAL.—An eligible grantee shall
25 only use the funds provided from a payment made
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341
1 under this section to provide financial assistance and
2 housing stability services to eligible households.
3 (2) FINANCIAL ASSISTANCE.—
4 (A) IN GENERAL.—Not less than 90 per-

5 cent of the funds received by an eligible grantee
6 from a payment made under this section shall
7 be used to provide financial assistance to eligi-
8 ble households, including the payment of
9 (i) rent;
10 (ii) rental arrears;
11 (iii) utilities and home energy costs;
12 (iv) utilities and home energy costs
13 arrears; and
14 (v) other expenses related to housing
15 incurred due, directly or indirectly, to the
16 novel coronavirus disease (COVID-19) out-
17 break, as defined by the Secretary.
18 Such assistance shall be provided for a period
19 not to exceed 12 months except that grantees
20 may provide assistance for an additional 3
21 months only if necessary to ensure housing sta-
22 bility for a household subject to the availability
23 of funds.
24 (B) LIMITATION ON ASSISTANCE FOR PRO-
25 SPECTIVE RENT PAYMENTS.—
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342
1 (i) IN GENERAL.—Subject to the ex-
2 ception in clause (ii), an eligible grantee
3 shall not provide an eligible household with
4 financial assistance for prospective rent
5 payments for more than 3 months based
6 on any application by or on behalf of the
7 household.
8 (ii) EXCEPTION.—For any eligible
9 household described in clause (i), such
10 household may receive financial assistance
11 for prospective rent payments for addi-
12 tional months:
13 (I) subject to the availability of
14 remaining funds currently allocated to
15 the eligible grantee, and
16 (II) based on a subsequent appli-
17 cation for additional financial assist-
18 ance provided that the total months of
19 financial assistance provided to the
20 household do not exceed the total
21 months of assistance allowed under
22 subparagraph (A).
23 (iii) FURTHER LIMITATION.—To the
24 extent that applicants have rental arrears,
25 grantees may not make commitments for
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343
1 prospective rent payments unless they have
2 also provided assistance to reduce an eligi-
3 ble household’s rental arrears.
4 (C) DISTRIBUTION OF FINANCIAL ASSIST-
5 ANCE.—
6 (i) PAYMENTS.—
7 (I) IN GENERAL.—With respect
8 to financial assistance for rent and
9 rental arrears and utilities and home
10 energy costs and utility and home en-
11 ergy costs arrears provided to an eligi-
12 ble household from a payment made
13 under this section, an eligible grantee
14 shall make payments to a lessor or
15 utility provider on behalf of the eligi-
16 ble household, except that, if the les-
17 sor or utility provider does not agree
18 to accept such payment from the
19 grantee after outreach to the lessor or
20 utility provider by the grantee, the
21 grantee may make such payments di-
22 rectly to the eligible household for the
23 purpose of making payments to the
24 lessor or utility provider.
December 21, 2020 (9:35 a.m.)

344
1 (II) RULE OF CONSTRUCTION.—
2 Nothing in this section shall be con-

3 strued to invalidate any otherwise le-
4 gitimate grounds for eviction.
5 (ii) DOCUMENTATION.—For any pay-
6 ments made by an eligible grantee to a les-
7 sor or utility provider on behalf of an eligi-
8 ble household, the eligible grantee shall
9 provide documentation of such payments to
10 such household.
11 (3) HOUSING STABILITY SERVICES.—Not more
12 than 10 percent of funds received by an eligible
13 grantee from a payment made under this section
14 may be used to provide eligible households with case
15 management and other services related to the novel
16 coronavirus disease (COVID-19) outbreak, as de-
17 fined by the Secretary, intended to help keep house-
18 holds stably housed.
19 (4) PRIORITIZATION OF ASSISTANCE.—
20 (A) In reviewing applications for financial

21 assistance and housing stability services to eligi-
22 ble households from a payment made under this
23 section, an eligible grantee shall prioritize con-
24 sideration of the applications of an eligible
December 21, 2020 (9:35 a.m.)

345
1 household that satisfies any of the following
2 conditions:
3 (i) The income of the household does
4 not exceed 50 percent of the area median
5 income for the household.
6 (ii) 1 or more individuals within the
7 household are unemployed as of the date of
8 the application for assistance and have not
9 been employed for the 90-day period pre-
10 ceding such date.
11 (B) Nothing in this section shall be con-
12 strued to prohibit an eligible grantee from pro-
13 viding a process for the further prioritizing of
14 applications for financial assistance and hous-
15 ing stability services from a payment made
16 under this section, including to eligible house-
17 holds in which 1 or more individuals within the
18 household were unable to reach their place of
19 employment or their place of employment was
20 closed because of a public health order imposed
21 as a direct result of the COVID-19 public
22 health emergency.
23 (5) ADMINISTRATIVE COSTS.—
24 (A) IN GENERAL.—Not more than 10 per-

25 cent of the amount paid to an eligible grantee
December 21, 2020 (9:35 a.m.)

346
1 under this section may be used for administra-
2 tive costs attributable to providing financial as-
3 sistance and housing stability services under
4 paragraphs (2) and (3), respectively, including
5 for data collection and reporting requirements
6 related to such funds.
7 (B) NO OTHER ADMINISTRATIVE COSTS.—
8 Amounts paid under this section shall not be

9 used for any administrative costs other than to
10 the extent allowed under subparagraph (A).
11 (d) REALLOCATION OF UNUSED FUNDS.—Beginning
12 on September 30, 2021, the Secretary shall recapture ex-
13 cess funds, as determined by the Secretary, not obligated
14 by a grantee for the purposes described under subsection
15 (c) and the Secretary shall reallocate and repay such
16 amounts to eligible grantees who, at the time of such re-
17 allocation, have obligated at least 65 percent of the
18 amount originally allocated and paid to such grantee
19 under subsection (b)(1), only for the allowable uses de-
20 scribed under subsection (c). The amount of any such re-
21 allocation shall be determined based on demonstrated need
22 within a grantee’s jurisdiction, as determined by the Sec-
23 retary.
24 (e) AVAILABILITY.—
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347
1 (1) IN GENERAL.—Funds provided to an eligi-
2 ble grantee under a payment made under this sec-
3 tion shall remain available through December 31,
4 2021.
5 (2) EXTENSION FOR FUNDS PROVIDED PURSU-
6 ANT TO A REALLOCATION OF UNUSED FUNDS.—For
7 funds reallocated to an eligible grantee pursuant to

8 subsection (d), an eligible grantee may request, sub-
9 ject to the approval of the Secretary, a 90-day exten-
10 sion of the deadline established in paragraph (1).
11 (f) APPLICATION FOR ASSISTANCE BY LANDLORDS
12 AND OWNERS.—
13 (1) IN GENERAL.—Subject to paragraph (2),
14 nothing in this section shall preclude a landlord or
15 owner of a residential dwelling from—
16 (A) assisting a renter of such dwelling in
17 applying for assistance from a payment made
18 under this section; or
19 (B) applying for such assistance on behalf
20 of a renter of such dwelling.
21 (2) REQUIREMENTS FOR APPLICATIONS SUB-
22 MITTED ON BEHALF OF TENANTS.—If a landlord or

23 owner of a residential dwelling submits an applica-
24 tion for assistance from a payment made under this
25 section on behalf of a renter of such dwelling—
December 21, 2020 (9:35 a.m.)

348
1 (A) the landlord must obtain the signature
2 of the tenant on such application, which may be
3 documented electronically;
4 (B) documentation of such application
5 shall be provided to the tenant by the landlord;
6 and
7 (C) any payments received by the landlord
8 from a payment made under this section shall
9 be used to satisfy the tenant’s rental obligations
10 to the owner.
11 (g) REPORTING REQUIREMENTS.—
12 (1) IN GENERAL.—The Secretary, in consulta-
13 tion with the Secretary of Housing and Urban De-
14 velopment, shall provide public reports not less fre-
15 quently than quarterly regarding the use of funds
16 made available under this section, which shall in-
17 clude, with respect to each eligible grantee under
18 this section, both for the past quarter and over the
19 period for which such funds are available—
20 (A) the number of eligible households that
21 receive assistance from such payments;
22 (B) the acceptance rate of applicants for
23 assistance;
24 (C) the type or types of assistance pro-
25 vided to each eligible household;
December 21, 2020 (9:35 a.m.)

349
1 (D) the average amount of funding pro-
2 vided per eligible household receiving assistance;
3 (E) household income level, with such in-
4 formation disaggregated for households with in-
5 come that—
6 (i) does not exceed 30 percent of the
7 area median income for the household;
8 (ii) exceeds 30 percent but does not
9 exceed 50 percent of the area median in-
10 come for the household; and
11 (iii) exceeds 50 percent but does not
12 exceed 80 percent of area median income
13 for the household; and
14 (F) the average number of monthly rental
15 or utility payments that were covered by the
16 funding amount that a household received, as
17 applicable.
18 (2) DISAGGREGATION.—Each report under this
19 subsection shall disaggregate the information relat-
20 ing to households provided under subparagraphs (A)
21 through (F) of paragraph (1) by the gender, race,
22 and ethnicity of the primary applicant for assistance
23 in such households.
24 (3) ALTERNATIVE REPORTING REQUIREMENTS
25 FOR CERTAIN GRANTEES.—The Secretary may es-
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350
1 tablish alternative reporting requirements for grant-
2 ees described in subsection (b)(2).
3 (4) PRIVACY REQUIREMENTS.—
4 (A) IN GENERAL.—Each eligible grantee

5 that receives a payment under this section shall
6 establish data privacy and security require-
7 ments for the information described in para-
8 graph (1) that—
9 (i) include appropriate measures to
10 ensure that the privacy of the individuals
11 and households is protected;
12 (ii) provide that the information, in-
13 cluding any personally identifiable informa-
14 tion, is collected and used only for the pur-
15 pose of submitting reports under para-
16 graph (1); and
17 (iii) provide confidentiality protections
18 for data collected about any individuals
19 who are survivors of intimate partner vio-
20 lence, sexual assault, or stalking.
21 (B) STATISTICAL RESEARCH.—
22 (i) IN GENERAL.—The Secretary—

23 (I) may provide full and
24 unredacted information provided
25 under subparagraphs (A) through (F)
December 21, 2020 (9:35 a.m.)

351
1 of paragraph (1), including personally
2 identifiable information, for statistical
3 research purposes in accordance with
4 existing law; and
5 (II) may collect and make avail-
6 able for statistical research, at the
7 census tract level, information col-
8 lected under subparagraph (A).
9 (ii) APPLICATION OF PRIVACY RE-
10 QUIREMENTS.—A recipient of information

11 under clause (i) shall establish for such in-
12 formation the data privacy and security re-
13 quirements described in subparagraph (A).
14 (5) NONAPPLICATION OF THE PAPERWORK RE-
15 DUCTION ACT.—Subchapter I of chapter 35 of title

16 44, United States Code, shall not apply to the collec-
17 tion of information for the reporting or research re-
18 quirements specified in this subsection.
19 (h) ADMINISTRATIVE EXPENSES OF THE SEC-
20 RETARY.—Of the funds appropriated pursuant to sub-
21 section (a), not more than $15,000,000 may be used for
22 administrative expenses of the Secretary in administering
23 this section, including technical assistance to grantees in
24 order to facilitate effective use of funds provided under
25 this section.
December 21, 2020 (9:35 a.m.)

352
1 (i) Inspector General Oversight; Recoupment
2 (1) OVERSIGHT AUTHORITY.—The Inspector
3 General of the Department of the Treasury shall
4 conduct monitoring and oversight of the receipt, dis-
5 bursement, and use of funds made available under
6 this section.
7 (2) RECOUPMENT.—If the Inspector General of
8 the Department of the Treasury determines that a
9 State, Tribal government, or unit of local govern-
10 ment has failed to comply with subsection (c), the
11 amount equal to the amount of funds used in viola-
12 tion of such subsection shall be booked as a debt of
13 such entity owed to the Federal Government.
14 Amounts recovered under this subsection shall be de-
15 posited into the general fund of the Treasury.
16 (3) APPROPRIATION.—Out of any money in the
17 Treasury of the United States not otherwise appro-
18 priated, there are appropriated to the Office of the
19 Inspector General of the Department of the Treas-
20 ury, $6,500,000 to carry out oversight and
21 recoupment activities under this subsection.
22 Amounts appropriated under the preceding sentence
24 (4) AUTHORITY OF INSPECTOR GENERAL.—
25 Nothing in this subsection shall be construed to di-
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353
1 minish the authority of any Inspector General, in-
2 cluding such authority as provided in the Inspector
3 General Act of 1978 (5 U.S.C. App.)
4 (j) TREATMENT OF ASSISTANCE.—Assistance pro-
5 vided to a household from a payment made under this sec-
6 tion shall not be regarded as income and shall not be re-
7 garded as a resource for purposes of determining the eligi-
8 bility of the household or any member of the household
9 for benefits or assistance, or the amount or extent of bene-
10 fits or assistance, under any Federal program or under
11 any State or local program financed in whole or in part
12 with Federal funds.
13 (k) DEFINITIONS.—In this section:
14 (1) AREA MEDIAN INCOME.—The term ‘‘area
15 median income’’ means, with respect to a household,
16 the median income for the area in which the house-
17 hold is located, as determined by the Secretary of
18 Housing and Urban Development.
19 (2) ELIGIBLE GRANTEE.—The term ‘‘eligible
20 grantee’’ means any of the following:
21 (A) A State (as defined in section
22 601(g)(4) of the Social Security Act (42 U.S.C.
23 801(g)(4)).
24 (B) A unit of local government (as defined
25 in paragraph (5)).
December 21, 2020 (9:35 a.m.)

354
1 (C) An Indian tribe or its tribally des-
2 ignated housing entity (as such terms are de-
3 fined in section 4 of the Native American Hous-
4 ing Assistance and Self-Determination Act of
5 1996 (25 U.S.C. 4103)) that was eligible to re-
6 ceive a grant under title I of such Act (25
7 U.S.C. 4111 et seq.) for fiscal year 2020 from
8 the amount appropriated under paragraph (1)
9 under the heading ‘‘NATIVE AMERICAN PRO-
10 GRAMS’’ under the heading ‘‘PUBLIC AND IN-

11 DIAN HOUSING’’ of title II of division H of the
12 Further Consolidated Appropriations Act, 2020
13 (Public Law 116–94) to carry out the Native
14 American Housing Block Grants program. For
15 the avoidance of doubt, the term Indian tribe
16 shall include Alaska native corporations estab-
17 lished pursuant to the Alaska Native Claims
18 Settlement Act (43 U.S.C. 1601 et seq.).
19 (D) The Department of Hawaiian Home-
20 lands.
21 (3) ELIGIBLE HOUSEHOLD.—
22 (A) IN GENERAL.—The term ‘‘eligible

23 household’’ means a household of 1 or more in-
24 dividuals who are obligated to pay rent on a
December 21, 2020 (9:35 a.m.)

355
1 residential dwelling and with respect to which
2 the eligible grantee involved determines—
3 (i) that 1 or more individuals within
4 the household has
5 (I) qualified for unemployment
6 benefits or
7 (II) experienced a reduction in
8 household income, incurred significant
9 costs, or experienced other financial
10 hardship due, directly or indirectly, to
11 the novel coronavirus disease
12 (COVID–19) outbreak, which the ap-
13 plicant shall attest in writing;
14 (ii) that 1 or more individuals within
15 the household can demonstrate a risk of
16 experiencing homelessness or housing in-
17 stability, which may include—
18 (I) a past due utility or rent no-
19 tice or eviction notice;
20 (II) unsafe or unhealthy living
21 conditions; or
22 (III) any other evidence of such
23 risk, as determined by the eligible
24 grantee involved; and
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356
1 (iii) the household has a household in-
2 come that is not more than 80 percent of
3 the area median income for the household.
4 (B) EXCEPTION.—To the extent feasible,
5 an eligible grantee shall ensure that any rental
6 assistance provided to an eligible household
7 pursuant to funds made available under this
8 section is not duplicative of any other Federally
9 funded rental assistance provided to such
10 household.
11 (C) INCOME DETERMINATION.—
12 (i) In determining the income of a

13 household for purposes of determining
14 such household’s eligibility for assistance
15 from a payment made under this section
16 (including for purposes of subsection
17 (c)(4)), the eligible grantee involved shall
18 consider either
19 (I) the household’s total income
20 for calendar year 2020, or
21 (II) subject to clause (ii), suffi-
22 cient confirmation, as determined by
23 the Secretary, of the household’s
24 monthly income at the time of appli-
25 cation for such assistance.
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357
1 (ii) In the case of income determined
2 under subclause (II), the eligible grantee
3 shall be required to re-determine the eligi-
4 bility of a household’s income after each
5 such period of 3 months for which the
6 household receives assistance from a pay-
7 ment made under this section.
8 (4) INSPECTOR GENERAL.—The term ‘‘Inspec-
9 tor General’’ means the Inspector General of the De-
10 partment of the Treasury.
12 the Secretary of the Treasury.
13 (6) UNIT OF LOCAL GOVERNMENT.—The term
14 ‘‘unit of local government’’ has the meaning given
15 such term in paragraph (2) of section 601(g) of the
16 Social Security Act (42 U.S.C. 801(g)), except that,
17 in applying such term for purposes of this section,
18 such paragraph shall be applied by substituting
19 ‘‘200,000’’ for ‘‘500,000’’.
20 (l) TERMINATION OF PROGRAM.—The authority of
21 an eligible grantee to make new obligations to provide pay-
22 ments under subsection (c) shall terminate on the date
23 established in subsection (e) for that eligible grantee.
24 Amounts not expended in accordance with this section
25 shall revert to the Department of the Treasury.
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358
1 SEC. 502. EXTENSION OF EVICTION MORATORIUM.
2 The order issued by the Centers for Disease Control

3 and Prevention under section 361 of the Public Health
4 Service Act (42 U.S.C. 264), entitled ‘‘Temporary Halt
5 in Residential Evictions To Prevent the Further Spread
6 of COVID–19’’ (85 Fed. Reg. 55292 (September 4, 2020)
7 is extended through January 31, 2021, notwithstanding
8 the effective dates specified in such Order.
9 Subtitle B—Community
10 Development Investment
11 SEC. 520. PURPOSE.
12 The purpose of this subtitle is to establish emergency

13 programs to revitalize and provide long-term financial
14 products and service availability for, and provide invest-
15 ments in, low- and moderate-income and minority commu-
16 nities that have disproportionately suffered from the im-
17 pacts of the COVID–19 pandemic.
18 SEC. 521. CONSIDERATIONS; REQUIREMENTS FOR CREDI-
19 TORS.
20 (a) IN GENERAL.—In exercising the authorities

21 under this subtitle and the amendments made by this sub-
22 title, the Secretary of the Treasury shall take into consid-
23 eration increasing the availability of affordable credit for
24 consumers, small businesses, and nonprofit organizations,
25 including for projects supporting affordable housing, com-
26 munity-serving real estate, and other projects, that pro-
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359
1 vide direct benefits to low- and moderate-income commu-
2 nities, low-income and underserved individuals, and mi-
3 norities, that have disproportionately suffered from the
4 health and economic impacts of the COVID–19 pandemic.
5 (b) REQUIREMENT FOR CREDITORS.—Any creditor
6 participating in a program established under this subtitle
7 or the amendments made by this subtitle shall fully comply
8 with all applicable statutory and regulatory requirements
9 relating to fair lending.
10 SEC. 522. CAPITAL INVESTMENTS FOR NEIGHBORHOODS
11 DISPROPORTIONATELY IMPACTED BY THE
12 COVID–19 PANDEMIC.
13 (a) IN GENERAL.—The Community Development

14 Banking and Financial Institutions Act of 1994 (12
15 U.S.C. 4701 et seq.) is amended by inserting after section
16 104 (12 U.S.C. 4703) the following:
17 ‘‘SEC. 104A. CAPITAL INVESTMENTS FOR NEIGHBORHOODS
18 DISPROPORTIONATELY IMPACTED BY THE
19 COVID–19 PANDEMIC.
20 ‘‘(a) DEFINITIONS.—In this section—

21 ‘‘(1) the term ‘bank holding company’ has the
22 meaning given the term in section 2 of the Bank
23 Holding Company Act of 1956 (12 U.S.C. 1841);
December 21, 2020 (9:35 a.m.)

360
1 ‘‘(2) the term ‘eligible institution’ means any
2 low- and moderate-income community financial insti-
3 tution that is eligible to participate in the Program;
4 ‘‘(3) the term ‘Emergency Capital Investment
5 Fund’ means the Emergency Capital Investment
6 Fund established under subsection (b);
7 ‘‘(4) the term ‘low- and moderate-income com-
8 munity financial institution’ means any financial in-
9 stitution that is—
10 ‘‘(A)(i) a community development financial
11 institution; or
12 ‘‘(ii) a minority depository institution; and
13 ‘‘(B)(i) an insured depository institution
14 that is not controlled by a bank holding com-
15 pany or savings and loan holding company that
16 is also an eligible institution;
17 ‘‘(ii) a bank holding company;
18 ‘‘(iii) a savings and loan holding company;
19 or
20 ‘‘(iv) a federally insured credit union;
21 ‘‘(5) the term ‘minority’ means any Black
22 American, Native American, Hispanic American,
23 Asian American, Native Alaskan, Native Hawaiian,
24 or Pacific Islander;
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361
1 ‘‘(6) the term ‘minority depository institution’
2 means an entity that is—
3 ‘‘(A) a minority depository institution, as
4 defined in section 308 of the Financial Institu-
5 tions Reform, Recovery, and Enforcement Act
6 of 1989 (12 U.S.C. 1463 note); or
7 ‘‘(B) considered to be a minority deposi-
8 tory institution by—
9 ‘‘(i) the appropriate Federal banking
10 agency; or
11 ‘‘(ii) the National Credit Union Ad-
12 ministration, in the case of an insured
13 credit union; or
14 ‘‘(C) listed in the Federal Deposit Insur-
15 ance Corporation’s Minority Depository Institu-
16 tions List published for the Third Quarter
17 2020.
18 ‘‘(7) the term ‘Program’ means the Emergency
19 Capital Investment Program established under sub-
20 section (b);
21 ‘‘(8) the term ‘savings and loan holding com-
22 pany’ has the meaning given the term under section
23 10(a) of the Home Owners’ Loan Act (12 U.S.C.
24 1467a(a)); and
December 21, 2020 (9:35 a.m.)

362
1 ‘‘(9) the ‘Secretary’ means the Secretary of the
2 Treasury.
3 ‘‘(b) ESTABLISHMENT.—
4 ‘‘(1) FUND ESTABLISHED.—There is estab-
5 lished in the Treasury of the United States a fund
6 to be known as the ‘Emergency Capital Investment
7 Fund’, which shall be administered by the Secretary.
8 ‘‘(2) PROGRAM AUTHORIZED.—The Secretary is
9 authorized to establish an emergency program
10 known as the ‘Emergency Capital Investment Pro-
11 gram’ to support the efforts of low- and moderate-
12 income community financial institutions to, among
13 other things, provide loans, grants, and forbearance
14 for small businesses, minority-owned businesses, and
15 consumers, especially in low-income and underserved
16 communities, including persistent poverty counties,
17 that may be disproportionately impacted by the eco-
18 nomic effects of the COVID–19 pandemic, by pro-
19 viding direct and indirect capital investments in low-
20 and moderate-income community financial institu-
21 tions consistent with this section.
22 ‘‘(c) PURCHASES.—
23 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
24 the Emergency Capital Investment Fund shall be
25 available to the Secretary, without further appro-
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363
1 priation or fiscal year limitation, for the costs of
2 purchases (including commitments to purchase), and
3 modifications of such purchases, of preferred stock
4 and other financial instruments from eligible institu-
5 tions on such terms and conditions as are deter-
6 mined by the Secretary in accordance with this sec-
7 tion.
8 ‘‘(2) PURCHASE LIMIT.—The aggregate amount
9 of purchases pursuant to paragraph (1) may not ex-
10 ceed $9,000,000,000.
11 ‘‘(d) APPLICATION.—
12 ‘‘(1) ACCEPTANCE.—The Secretary shall begin
13 accepting applications for capital investments under
14 the Program not later than the end of the 30-day
15 period beginning on the date of enactment of this
16 section.
17 ‘‘(2) CONSULTATION WITH REGULATORS.—For
18 each eligible institution that applies to receive a cap-

19 ital investment under the Program, the Secretary
20 shall consult with the appropriate Federal banking
21 agency or the National Credit Union Administration,
22 as applicable, to determine whether the eligible insti-
23 tution may receive such capital investment.
24 ‘‘(3) ELIGIBILITY.—
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364
1 ‘‘(A) IN GENERAL.—Only low- and mod-
2 erate-income community financial institutions
3 shall be eligible to participate in the Program.
4 ‘‘(B) ADDITIONAL CRITERIA.—The Sec-
5 retary may establish additional criteria for par-
6 ticipation by an institution in the Program, as
7 the Secretary may determine appropriate in
8 furtherance of the goals of the Program.
9 ‘‘(4) REQUIREMENT TO PROVIDE AN EMER-
10 GENCY INVESTMENT LENDING PLAN FOR COMMU-
11 NITIES THAT MAY BE DISPROPORTIONATELY IM-
12 PACTED BY THE ECONOMIC EFFECTS OF THE
13 COVID–19 PANDEMIC.—
14 ‘‘(A) IN GENERAL.—At the time that an

15 applicant submits an application to the Sec-
16 retary for a capital investment under the Pro-
17 gram, the applicant shall provide the Secretary,
18 along with the appropriate Federal banking
19 agency or the National Credit Union Adminis-
20 tration, as applicable, an investment and lend-
21 ing plan that—
22 ‘‘(i) demonstrates that not less than
23 30 percent of the lending of the applicant
24 over the past 2 fiscal years was made di-
25 rectly to low- and moderate income bor-
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365
1 rowers, to borrowers that create direct ben-
2 efits for low- and moderate-income popu-
3 lations, to other targeted populations as
4 defined by the Fund, or any combination
5 thereof, as measured by the total number
6 and dollar amount of loans;
7 ‘‘(ii) describes how the business strat-
8 egy and operating goals of the applicant
9 will address community development needs
10 in communities that may be disproportion-
11 ately impacted by the economic effects of
12 COVID–19, which includes the needs of
13 small businesses, consumers, nonprofit or-
14 ganizations, community development, and
15 other projects providing direct benefits to
16 low- and moderate-income communities,
17 low-income individuals, and minorities
18 within the minority, rural, and urban low-
19 income and underserved areas served by
20 the applicant;
21 ‘‘(iii) includes a plan to provide com-
22 munity outreach and communication,
23 where appropriate;
24 ‘‘(iv) includes details on how the ap-
25 plicant plans to expand or maintain signifi-
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366
1 cant lending or investment activity in low-
2 or moderate-income minority communities,
3 especially those that may be disproportion-
4 ately impacted by COVID–19 to histori-
5 cally disadvantaged borrowers, and to mi-
6 norities that have significant unmet capital
7 or financial services needs.
8 ‘‘(B) DOCUMENTATION.—In the case of an
9 applicant that is certified as a community devel-
10 opment financial institution as of the date of
11 enactment of this subsection, for purposes of
12 subparagraph (A)(i), the Secretary may rely on
13 documentation submitted by the applicant to
14 the Fund as part of certification compliance re-
15 porting.
16 ‘‘(5) INCENTIVES TO INCREASE LENDING AND
17 PROVIDE AFFORDABLE CREDIT.—
18 ‘‘(A) ISSUANCE AND PURCHASE OF PRE-
19 FERRED STOCK.—An eligible institution that

20 the Secretary approves for participation in the
21 Program may issue to the Secretary, and the
22 Secretary may purchase from such institution,
23 preferred stock that—
24 ‘‘(i) provides that the preferred stock
25 will—
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367
1 ‘‘(I) be repaid not later than the
2 end of the 10-year period beginning
3 on the date of the capital investment
4 under the Program; or
5 ‘‘(II) at the end of such 10-year
6 period, be subject to such additional
7 terms as the Secretary shall prescribe,
8 which shall include a requirement that
9 the stock shall carry the highest divi-
10 dend or interest rate payable; and
11 ‘‘(ii) provides that the term and condi-
12 tion described under clause (i) shall not
13 apply if the application of that term and
14 condition would adversely affect the capital
15 treatment of the stock under current or
16 successor applicable capital provisions com-
17 pared to a capital instrument with iden-
18 tical terms other than the term and condi-
19 tion described under clause (i).
20 ‘‘(B) ALTERNATIVE FINANCIAL INSTRU-
21 MENTS.—If the Secretary determines that an

22 institution cannot feasibly issue preferred stock
23 as provided under subparagraph (A), such insti-
24 tution may issue to the Secretary, and the Sec-
25 retary may purchase from such institution, a
December 21, 2020 (9:35 a.m.)

368
1 subordinated debt instrument whose terms are,
2 to the extent possible, consistent with require-
3 ments under the Program applicable to the
4 terms of preferred stock issued by institutions
5 participating in the Program, with such adjust-
6 ments as the Secretary determines appropriate,
7 including by taking into account the tax treat-
8 ment of payments made with respect to securi-
9 ties issued by such eligible institution.
10 ‘‘(6) REQUIREMENTS ON PREFERRED STOCK
11 AND OTHER FINANCIAL INSTRUMENT.—Any finan-

12 cial instrument issued to the Secretary by a low- and
13 moderate-income community financial institution
14 under the Program shall provide the following:
15 ‘‘(A) No dividends, interest or other simi-
16 lar required payments shall have a rate exceed-
17 ing 2 percent per annum for the first 10 years.
18 ‘‘(B) The annual required payment rate of
19 dividends, interest, or other similar payments of
20 a low- and moderate-income community finan-
21 cial institution shall be adjusted downward as
22 follows, based on lending by the institution dur-
23 ing the most recent annual period compared to
24 lending by the institution during the annual pe-
25 riod ending on September 30, 2020:
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369
1 ‘‘(i) No dividends, interest, or other
2 similar payments shall be due within the
3 first 24-month period after the capital in-
4 vestment by the Secretary.
5 ‘‘(ii) If the amount of lending by the
6 institution within minority, rural, and
7 urban low-income and underserved commu-
8 nities and to low- and moderate-income
9 borrowers has increased in amount be-
10 tween 200 percent and 400 percent of the
11 amount of the capital investment, the an-
12 nual payment rate shall not exceed 1.25
13 percent per annum.
14 ‘‘(iii) If the amount of lending by the
15 institution within minority, rural, and
16 urban low-income and underserved commu-
17 nities and to low- and moderate-income
18 borrowers has increased by more than 400
19 percent of the capital investment, the an-
20 nual payment rate shall not exceed 0.5
21 percent per annum.
22 ‘‘(7) CONTINGENCY OF PAYMENTS BASED ON
23 CERTAIN FINANCIAL CRITERIA.—
24 ‘‘(A) DEFERRAL.—Any annual payments

25 under this section shall be deferred in any quar-
December 21, 2020 (9:35 a.m.)

370
1 ter or payment period if any of the following is
2 true:
3 ‘‘(i) The low- and moderate-income
4 community institution fails to meet the
5 Tier 1 capital ratio or similar ratio as de-
6 termined by the Secretary.
7 ‘‘(ii) The low- and moderate-income
8 community financial institution fails to
9 achieve positive net income for the quarter
10 or payment period.
11 ‘‘(iii) The low- and moderate-income
12 community financial institution determines
13 that the payment would be detrimental to
14 the financial health of the institution and
15 the Chief Executive Officer and Chief Fi-
16 nancial Officer of the institution provide
17 written notice, in a form reasonably satis-
18 factory to the Secretary, of such deter-
19 mination and the basis thereof.
20 ‘‘(B) TESTING DURING NEXT PAYMENT
21 PERIOD.—Any annual payment that is deferred

22 under this section shall—
23 ‘‘(i) be tested against the metrics de-
24 scribed in subparagraph (A) at the begin-
25 ning of the next payment period; and
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371
1 ‘‘(ii) continue to be deferred until the
2 metrics described in that subparagraph are
3 no longer applicable.
4 ‘‘(8) REQUIREMENTS IN CONNECTION WITH
5 FAILURE TO SATISFY PROGRAM GOALS.—Any finan-

6 cial instrument issued to the Secretary by a low- and
7 moderate-income community financial institution
8 under the Program may include such additional
9 terms and conditions as the Secretary determines
10 may be appropriate to provide the holders with
11 rights in the event that such institution fails to sat-
12 isfy applicable requirements under the Program or
13 to protect the interests of the Federal Government.
14 ‘‘(e) RESTRICTIONS.—
15 ‘‘(1) IN GENERAL.—Each low- and moderate-in-
16 come community financial institution may only issue
17 financial instruments or senior preferred stock under
18 this subsection with an aggregate principal amount
19 (or comparable amount) that is—
20 ‘‘(A) not more than $250,000,000; and
21 ‘‘(B)(i) not more than 7.5 percent of total
22 assets for an institution with assets of more
23 than $2,000,000,000;
24 ‘‘(ii) not more than 15 percent of total as-
25 sets for an institution with assets of not less
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372
1 than $500,000,000 and not more than
2 $2,000,000,000; and
3 ‘‘(iii) not more than 22.5 percent of total
4 assets for an institution with assets of less than
5 $500,000,000.
6 ‘‘(2) SET-ASIDES.—Of the amounts made avail-
7 able under subsection (c)(2), not less than
8 $4,000,000,000 shall be made available for eligible
9 institutions with total assets of not more than
10 $2,000,000,000 that timely apply to receive a capital
11 investment under the Program, of which not less
12 than $2,000,000,000 shall be made available for eli-
13 gible institutions with total assets of less than
14 $500,000,000 that timely apply to receive a capital
15 investment under the Program.
16 ‘‘(3) HOLDING OF INSTRUMENTS.—Holding any
17 instrument of a low- and moderate-income commu-
18 nity financial institution described in paragraph (1)
19 shall not give the Secretary or any successor that
20 owns the instrument any rights over the manage-
21 ment of the institution in the ordinary course of
22 business.
23 ‘‘(4) SALE OF INTEREST.—
24 ‘‘(A) IN GENERAL.—With respect to a cap-

25 ital investment made into a low- and moderate-
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373
1 income community financial institution under
2 this section, the Secretary—
3 ‘‘(i) prior to any sale of such capital
4 investment to a third party, shall provide
5 the low- and moderate-income community
6 financial institution a right of first refusal
7 to buy back the investment under terms
8 that do not exceed a value as determined
9 by an independent third party;
10 ‘‘(ii) shall not sell more than 25 per-
11 cent of the outstanding equity interests of
12 any institution to a single third party with-
13 out the consent of such institution, which
14 may not be unreasonably withheld; and
15 ‘‘(iii) with the permission of the insti-
16 tution, may transfer or sell the interest of
17 the Secretary in the capital investment for
18 no consideration or for a de minimis
19 amount to a mission aligned nonprofit af-
20 filiate of an applicant that is an insured
21 community development financial institu-
22 tion.
23 ‘‘(B) CALCULATION OF OWNERSHIP FOR
24 MINORITY DEPOSITORY INSTITUTIONS.—The
25 calculation and determination of ownership
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374
1 thresholds for a depository institution to qualify
2 as a minority depository institution shall ex-
3 clude any dilutive effect of equity investments
4 by the Federal Government, including under the
5 Program or through the Fund.
6 ‘‘(5) REPAYMENT INCENTIVES.—The Secretary
7 may establish repayment incentives that will apply to
8 capital investments under the Program in a manner
9 that the Secretary determines to be consistent with
10 the purposes of the Program.
11 ‘‘(f) TREATMENT OF CAPITAL INVESTMENTS.—The
12 Secretary shall seek to establish the terms of preferred
13 stock issued under the Program to enable such preferred
14 stock to receive Tier 1 capital treatment.
15 ‘‘(g) OUTREACH TO MINORITY COMMUNITIES.—The
16 Secretary shall require low- and moderate-income commu-
17 nity financial institutions receiving capital investments
18 under the Program to provide community outreach and
19 communication, where appropriate, describing the avail-
20 ability and application process of receiving loans made
21 possible by the Program through organizations, trade as-
22 sociations, and individuals that represent or work within
23 or are members of minority communities.
24 ‘‘(h) RESTRICTIONS.—
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375
1 ‘‘(1) IN GENERAL.—Not later than the end of
2 the 30-day period beginning on the date of enact-
3 ment of this section, the Secretary shall issue rules
4 setting restrictions on executive compensation, share
5 buybacks, and dividend payments for recipients of
6 capital investments under the Program.
7 ‘‘(2) CONFLICTS OF INTEREST.—
8 ‘‘(A) DEFINITIONS.—In this paragraph:

9 ‘‘(i) CONTROLLING INTEREST.—The
10 term ‘controlling interest’ means owning,

11 controlling, or holding not less than 20
12 percent, by vote or value, of the out-
13 standing amount of any class of equity in-
14 terest in an entity.
15 ‘‘(ii) COVERED ENTITY.—The term
16 ‘covered entity’ means an entity in which a
17 covered individual directly or indirectly
18 holds a controlling interest. For the pur-
19 pose of determining whether an entity is a
20 covered entity, the securities owned, con-
21 trolled, or held by 2 or more individuals
22 who are related as described in clause
23 (iii)(II) shall be aggregated.
24 ‘‘(iii) COVERED INDIVIDUAL.—The
25 term ‘covered individual’ means—
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376
1 ‘‘(I) the President, the Vice
2 President, the head of an Executive
3 department, or a Member of Con-
4 gress; and
5 ‘‘(II) the spouse, child, son-in-
6 law, or daughter-in-law, as determined
7 under applicable common law, of an
8 individual described in subclause (i).
9 ‘‘(iv) EXECUTIVE DEPARTMENT.—The
10 term ‘Executive department’ has the mean-

11 ing given the term in section 101 of title
13 ‘‘(v) MEMBER OF CONGRESS.—The
14 term ‘member of Congress’ means a mem-

15 ber of the Senate or House of Representa-
16 tives, a Delegate to the House of Rep-
17 resentatives, and the Resident Commis-
18 sioner from Puerto Rico.
19 ‘‘(vi) EQUITY INTEREST.—The term
20 ‘equity interest’ means—
21 ‘‘(I) a share in an entity, without
22 regard to whether the share is—
23 ‘‘(aa) transferable; or
24 ‘‘(bb) classified as stock or
25 anything similar;
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377
1 ‘‘(II) a capital or profit interest
2 in a limited liability company or part-
3 nership; or
4 ‘‘(III) a warrant or right, other
5 than a right to convert, to purchase,
6 sell, or subscribe to a share or interest
7 described in subclause (I) or (II), re-
8 spectively.
9 ‘‘(B) PROHIBITION.—Notwithstanding any
10 other provision of this section, no covered entity
11 may be eligible for any investment made under
12 the Program.
13 ‘‘(C) REQUIREMENT.—The principal exec-
14 utive officer and the principal financial officer,
15 or individuals performing similar functions, of
16 an entity seeking to receive an investment made
17 under the Program shall, before that invest-
18 ment is approved, certify to the Secretary and
19 the appropriate Federal banking agency or the
20 National Credit Union Administration, as appli-
21 cable, that the entity is eligible to receive the
22 investment, including that the entity is not a
23 covered entity.
24 ‘‘(i) INELIGIBILITY OF CERTAIN INSTITUTIONS.—An
25 institution shall be ineligible to participate in the Program
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378
1 if such institution is designated in Troubled Condition by
2 the appropriate Federal banking agency or the National
3 Credit Union Administration, as applicable, or is subject
4 to a formal enforcement action with its primary Federal
5 regulator that addresses unsafe or unsound lending prac-
6 tices.
7 ‘‘(j) TERMINATION OF INVESTMENT AUTHORITY.—
8 ‘‘(1) IN GENERAL.—The authority to make new
9 capital investments in low- and moderate-income
10 community financial institutions, including commit-
11 ments to purchase preferred stock or other instru-
12 ments, provided under the Program shall terminate
13 on the date that is 6 months after the date on which
14 the national emergency concerning the novel
15 coronavirus disease (COVID–19) outbreak declared
16 by the President on March 13, 2020 under the Na-
17 tional Emergencies Act (50 U.S.C. 1601 et seq.) ter-
18 minates.
19 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in
20 this subsection may be construed to limit any other
21 authority of the Secretary not described in para-
22 graph (1).
23 ‘‘(k) COLLECTION OF DATA.—Notwithstanding the
24 Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)—
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379
1 ‘‘(1) any low- and moderate-income community
2 financial institution may collect data described in
3 section 701(a)(1) of that Act (15 U.S.C. 1691(a)(1))
4 from borrowers and applicants for credit for the sole
5 purpose and exclusive use of monitoring compliance
6 under the plan required under subsection (d)(4); and
7 ‘‘(2) a low- and moderate-income community fi-
8 nancial institution that collects the data described in
9 paragraph (1) shall not be subject to adverse action
10 related to that collection by the Bureau of Consumer
11 Financial Protection or any other Federal agency.
12 ‘‘(l) DEPOSIT OF FUNDS.—All funds received by the
13 Secretary in connection with purchases made pursuant
14 this section, including interest payments, dividend pay-
15 ments, and proceeds from the sale of any financial instru-
16 ment, shall be deposited into the Fund and used to provide
17 financial and technical assistance pursuant to section 108,
18 except that subsection (e) of that section shall be waived.
19 ‘‘(m) DIRECT APPROPRIATION.—There is appro-
20 priated, out of amounts in the Treasury not otherwise ap-
21 propriated, for fiscal year 2021, $9,000,000,000, to re-
22 main available until expended and to be deposited in the
23 Emergency Capital Investment Fund, to carry out this
24 section.
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380
1 ‘‘(n) ADMINISTRATIVE EXPENSES.—Funds appro-
2 priated pursuant to subsection (m) may be used for ad-
3 ministrative expenses, including the costs of modifying
4 such investments, and reasonable costs of administering
5 the Program of making, holding, managing, and selling
6 the capital investments.
7 ‘‘(o) ADMINISTRATIVE PROVISIONS.—The Secretary
8 may take such actions as the Secretary determines nec-
9 essary to carry out the authorities in this section, includ-
11 ‘‘(1) The Secretary may use the services of any
12 agency or instrumentality of the United States or
13 component thereof on a reimbursable basis, and any
14 such agency or instrumentality or component thereof
15 is authorized to provide services as requested by the
16 Secretary using all authorities vested in or delegated
17 to that agency, instrumentality, or component.
18 ‘‘(2) The Secretary may enter into contracts,
19 including contracts for services authorized by section
21 ‘‘(3) The Secretary may designate any bank,
22 savings association, trust company, security broker
23 or dealer, asset manager, or investment adviser as a
24 financial agent of the Federal Government and such
25 institution shall perform all such reasonable duties
December 21, 2020 (9:35 a.m.)

381
1 related to this section as financial agent of the Fed-
2 eral Government as may be required. The Secretary
3 shall have authority to amend existing agreements
4 with financial agents to perform reasonable duties
5 related to this section.
6 ‘‘(4) The Secretary may exercise any rights re-
7 ceived in connection with any preferred stock or
8 other financial instruments or assets purchased or
9 acquired pursuant to the authorities granted under
10 this section.
11 ‘‘(5) The Secretary may manage any assets
12 purchased under this section, including revenues and
13 portfolio risks therefrom.
14 ‘‘(6) The Secretary may sell, dispose of, trans-
15 fer, exchange or enter into securities loans, repur-
16 chase transactions, or other financial transactions in
17 regard to, any preferred stock or other financial in-
18 strument or asset purchased or acquired under this
19 section, upon terms and conditions and at a price
20 determined by the Secretary.
21 ‘‘(7) The Secretary may manage or prohibit
22 conflicts of interest that may arise in connection
23 with the administration and execution of the au-
24 thorities provided under this section.
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382
1 ‘‘(8) The Secretary may establish and use vehi-
2 cles to purchase, hold, and sell preferred stock or
3 other financial instruments and issue obligations.
4 ‘‘(9) The Secretary may issue such regulations
5 and other guidance as may be necessary or appro-
6 priate to define terms or carry out the authorities or
7 purposes of this section.
8 ‘‘(10) The Secretary is authorized to use direct
9 hiring authority to hire employees to administer this
10 section.’’.
11 (b) TECHNICAL AND CONFORMING AMENDMENT.—
12 The table of contents in section 1(b) of the Riegle Commu-
13 nity Development and Regulatory Improvement Act of
14 1994 is amended by inserting after the item relating to
15 section 104 the following:
‘‘104A. Capital investments for neighborhoods disproportionately impacted by
the COVID–19 pandemic.’’.
16 SEC. 523. EMERGENCY SUPPORT FOR CDFIS AND COMMU-
17 NITIES RESPONDING TO THE COVID–19 PAN-
18 DEMIC.
19 (a) DIRECT APPROPRIATION.—There is appro-

20 priated, out of amounts in the Treasury not otherwise ap-
21 propriated, for the fiscal year 2021, $3,000,000,000 under
22 the heading ‘‘DEPARTMENT OF TREASURY—COMMU-
23 NITY DEVELOPMENT FINANCIAL INSTITUTIONS
December 21, 2020 (9:35 a.m.)

383
1 FUND PROGRAM ACCOUNT, EMERGENCY SUPPORT’’
2 to carry out this section, of which—

3 (1) up to $1,250,000,000, shall remain avail-
4 able until September 30, 2021, to support, prepare
5 for, and respond to the economic impact of the
6 coronavirus, provided that the Fund shall—
7 (A) provide grants funded under this para-
8 graph using a formula that takes into account
9 criteria such as certification status, financial
10 and compliance performance, portfolio and bal-
11 ance sheet strength, a diversity of CDFI busi-
12 ness model types, and program capacity, of
13 which not less than $25,000,000 may be for
14 grants to benefit Native American, Native Ha-
15 waiian, and Alaska Native communities; and
16 (B) make funds available under this para-
17 graph not later than 60 days after the date of
18 enactment of this Act; and
19 (2) up to $1,750,000,000, shall remain avail-
20 able until expended, to provide grants to CDFIs to
21 respond to the economic impact of the COVID–19
22 pandemic—
23 (A) to expand lending, grant making, or
24 investment activity in low- or moderate-income
25 minority communities and to minorities that
December 21, 2020 (9:35 a.m.)

384
1 have significant unmet capital or financial serv-
2 ices needs;
3 (B) using criteria such as certification sta-
4 tus, financial and compliance performance,
5 portfolio and balance sheet strength, a diversity
6 of CDFI business model types, status as a mi-
7 nority lending institution, and program capac-
8 ity, as well as experience making loans and in-
9 vestments to those areas and populations identi-
10 fied in this paragraph; and
11 (C) of which up to $1,200,000,000, shall
12 be for providing financial assistance, technical
13 assistance, awards, training and outreach pro-
14 grams to recipients that are minority lending
15 institutions.
16 (b) ADMINISTRATIVE EXPENSES.—Funds appro-
17 priated pursuant to subsection (a) may be used for admin-
18 istrative expenses, including administration of Fund pro-
19 grams and the New Markets Tax Credit Program under
20 section 45D of the Internal Revenue Code of 1986.
21 (c) DEFINITIONS.—In this section:
22 (1) CDFI.—The term ‘‘CDFI’’ means a com-
23 munity development financial institution, as defined
24 in section 103 of the Community Development
December 21, 2020 (9:35 a.m.)

385
1 Banking and Financial Institutions Act of 1994 (12
2 U.S.C. 4702).
3 (2) FUND.—The term ‘‘Fund’’ means the Com-
4 munity Development Financial Institutions Fund es-
5 tablished under section 104(a) of the Community
6 Development Banking and Financial Institutions Act
7 of 1994 (12 U.S.C. 4703(a)).
8 (3) MINORITY.—The term ‘‘minority’’ means
9 any Black American, Hispanic American, Asian
10 American, Native American, Native Alaskan, Native
11 Hawaiian, or Pacific Islander.
12 (4) MINORITY LENDING INSTITUTION.—The
13 term ‘‘minority lending institution’’ means a

14 CDFI—
15 (A) with respect to which a majority of
16 both the number dollar volume of arm’s-length,
17 on-balance sheet financial products of the CDFI
18 are directed at minorities or majority minority
19 census tracts or equivalents; and
20 (B) that—
21 (i) is a minority depository institution,
22 as defined in section 308(b) of the Finan-
23 cial Institutions Reform, Recovery, and
24 Enforcement Act of 1989 (12 U.S.C. 1463
25 note), or otherwise considered to be a mi-
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386
1 nority depository institution by the appro-
2 priate Federal banking agency, as defined
3 in section 3 of the Federal Deposit Insur-
4 ance Act (12 U.S.C. 1813), or by the Na-
5 tional Credit Union Administration, as ap-
6 plicable; or
7 (ii) meets standards for accountability
8 to minority populations as determined by
9 the Administrator.
10 (d) COLLECTION OF DATA.—With respect to a CDFI
11 that receives funds under this section, notwithstanding the
12 Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.)—
13 (1) the CDFI may collect data described in sec-
14 tion 701(a)(1) of that Act (15 U.S.C. 1691(a)(1))
15 from borrowers and applicants for credit for the sole
16 purpose and exclusive use to ensure that targeted
17 populations and low-income residents of investment
18 areas are adequately served; and
19 (2) the CDFI that collects the data described in
20 paragraph (1) shall not be subject to adverse action
21 related to that collection by the Bureau of Consumer
22 Financial Protection or any other Federal agency.
23 SEC. 524. INSPECTOR GENERAL OVERSIGHT.
24 (a) IN GENERAL.—The Inspector General of the De-

25 partment of the Treasury shall conduct, supervise, and co-
December 21, 2020 (9:35 a.m.)

387
1 ordinate audits and investigations of any program estab-
2 lished under this subtitle or the amendments made by this
3 subtitle.
4 (b) REPORTING.—The Inspector General of the De-
5 partment of the Treasury shall submit to the Committee
6 on Financial Services of the House of Representatives and
7 the Committee on Banking, Housing, and Urban Affairs
8 of the Senate and the Secretary of the Treasury not less
9 frequently than 2 times per year a report relating to the
10 oversight provided by the Office of the Inspector General,
11 including any recommendations for improvements to the
12 programs described in subsection (a).
13 SEC. 525. STUDY AND REPORT WITH RESPECT TO IMPACT
14 OF PROGRAMS ON LOW- AND MODERATE-IN-
15 COME AND MINORITY COMMUNITIES.
16 (a) STUDY.—The Secretary of the Treasury shall

17 conduct a study of the impact of the programs established
18 under this subtitle or any amendment made by this sub-
19 title on low- and moderate-income and minority commu-
20 nities.
21 (b) REPORT.—Not later than 18 months after the
22 date of enactment of this Act, the Secretary of the Treas-
23 ury shall submit to the Committee on Financial Services
24 of the House of Representatives and the Committee on
25 Banking, Housing, and Urban Affairs of the Senate a re-
December 21, 2020 (9:35 a.m.)

388
1 port on the results of the study conducted pursuant to
2 subsection (a), which shall include, to the extent possible,
3 the results of the study disaggregated by ethnic group.
4 (c) INFORMATION PROVIDED TO THE SECRETARY.—
5 Eligible institutions that participate in any of the pro-
6 grams described in subsection (a) shall provide the Sec-
7 retary of the Treasury with such information as the Sec-
8 retary may require to carry out the study required by this
9 section.
10 Subtitle C—Miscellaneous
11 SEC. 540. EXTENSIONS OF TEMPORARY RELIEF AND EMER-
12 GENCY AUTHORITIES.
13 (a) IN GENERAL.—Title IV of the CARES Act (15

14 U.S.C. 9041 et seq.) is amended—
15 (1) in section 4014(b) (15 U.S.C. 9052(b))—
16 (A) in paragraph (1), by inserting ‘‘the
17 first day of the fiscal year of the insured depos-
18 itory institution, bank holding company, or any
19 affiliate thereof that begins after’’ before ‘‘the
20 date’’; and
21 (B) in paragraph (2), by striking ‘‘Decem-
22 ber 31, 2020’’ and inserting ‘‘January 1,
23 2022’’; and
24 (2) in section 4016(b)(2), by striking ‘‘2020’’
25 and inserting ‘‘2021’’.
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389
1 (b) TEMPORARY CREDIT UNION PROVISIONS.—Sec-
2 tion 307(a)(4)(A) of the Federal Credit Union Act (12
3 U.S.C. 1795f(a)(4)(A)) is amended by striking ‘‘December
4 31, 2020’’ and inserting ‘‘December 31, 2021’’.
5 SEC. 541. EXTENSION OF TEMPORARY RELIEF FROM TROU-
6 BLED DEBT RESTRUCTURINGS AND INSURER
7 CLARIFICATION.

9 is amended—
10 (1) by inserting ‘‘, including an insurance com-
11 pany,’’ after ‘‘institution’’ each place the term ap-
12 pears;
13 (2) in subsection (a)(1), by striking ‘‘December
14 31, 2020’’ and inserting ‘‘January 1, 2022’’;
15 (3) in subsection (b)(1)(B), by inserting ‘‘under
16 United States Generally Accepted Accounting Prin-
17 ciples’’ after ‘‘purposes’’; and
18 (4) in subsection (d)(1), by inserting ‘‘, includ-
19 ing insurance companies,’’ after ‘‘institutions’’.
20 SEC. 542. HEALTHCARE OPERATING LOSS LOANS.

22 (1) OPERATING LOSS.—The term ‘‘operating
23 loss’’ has the meaning given the term in section
24 223(d) of the National Housing Act (12 U.S.C.
25 1715n(d)).
December 21, 2020 (9:35 a.m.)

390
2 the Secretary of Housing and Urban Development.
3 (b) AUTHORIZATION TO PROVIDE MORTGAGE INSUR-
4 ANCE.—Notwithstanding any other provision of law, for
5 fiscal years 2020 and 2021, in addition to the authority
6 provided to insure operating loss loans under section
7 223(d) of the National Housing Act (12 U.S.C.
8 1715n(d)), the Secretary may insure or enter into commit-
9 ments to ensure mortgages under such section 223(d) with
10 respect to healthcare facilities—
11 (1) insured under section 232 or section 242 of
12 the National Housing Act (12 U.S.C. 1715w,
13 1715z–7);
14 (2) that were financially sound immediately
15 prior to the President’s March 13, 2020 Proclama-
16 tion on Declaring a National Emergency Concerning
17 the Novel Coronavirus Disease (COVID–19) Out-
18 break;
19 (3) that have exhausted all other forms of as-
20 sistance; and
21 (4) subject to—
22 (A) the limitation for new commitments to
23 guarantee loans insured under the General and
24 Special Risk Insurance Funds under the head-
December 21, 2020 (9:35 a.m.)

391
1 ing ‘‘General and Special Risk Program Ac-
2 count’’ for fiscal years 2020 and 2021; and
3 (B) the underwriting parameters and other
4 terms and conditions that the Secretary deter-
5 mines appropriate through guidance.
6 (c) AMOUNT OF LOAN.—After all other realized or
7 reasonably anticipated assistance (including reimburse-
8 ments, loans, or other payments from other Federal
9 sources) are taken into account, a loan insured under sub-
10 section (b) shall be in an amount not exceeding the lesser
11 of—
12 (1) the temporary losses or additional expenses
13 incurred or expected to be incurred by the
14 healthcare facility as a result of the impact of the
15 circumstances giving rise to the President’s March
16 13, 2020 Proclamation on Declaring a National
17 Emergency Concerning the Novel Coronavirus Dis-
18 ease (COVID–19) Outbreak; or
19 (2) the amount expected to be needed to cover
20 the sum of—
21 (A) 1 year of principal and interest pay-
22 ments for the existing loans of the healthcare
23 facility insured by the Secretary;
24 (B) 1 year of principal and interest pay-
25 ments for the loan pursuant to this section;
December 21, 2020 (9:35 a.m.)

392
1 (C) 1 year of mortgage insurance pre-
2 miums for the loans described in subparagraphs
3 (A) and (B);
4 (D) 1 year of monthly deposits to reserve
5 accounts required by the Secretary for the loans
6 described in subparagraphs (A) and (B);
7 (E) 1 year of property taxes and insurance
8 for the healthcare facility; and
9 (F) transaction costs, including legal fees,
10 for the loans described in subparagraphs (A)
11 and (B).
12 TITLE VI—LABOR PROVISIONS
13 SEC. 601. JOB CORPS FLEXIBILITIES.
14 (a) ENROLLMENT.—During the period beginning on

15 the date of enactment of this Act and ending when all
16 qualifying emergencies have expired, notwithstanding any
17 other provision of law, the requirements described in sec-
18 tions 145(a)(2)(A) and 152(b)(2)(B) of the Workforce In-
19 novation and Opportunity Act (29 U.S.C. 3195(a)(2)(A),
20 3202(b)(2)(B)) shall be applicable only for enrollees in the
21 Job Corps—
22 (1) participating on-site at a Job Corps center;
23 or
24 (2) returning to on-site participation at a Job
25 Corps center after participating in distance learning.
December 21, 2020 (9:35 a.m.)

393
1 (b) ELIGIBILITY.—During a qualifying emergency or
2 the 1-year period immediately following the expiration of
3 the qualifying emergency, an individual who would be
4 older than the age of 24 on the date the individual enrolls
5 in the Job Corps is eligible to enroll in the Job Corps,
6 notwithstanding section 144(a)(1)(A) of the Workforce In-
7 novation and Opportunity Act (29 U.S.C. 3194(a)(1)(A)),
8 as long as—
9 (1) the individual applies for enrollment by the
10 date that is 6 months after the date of enactment
11 of this Act, and is not older than age 24 on the date
12 of application; and
13 (2) the individual attains the age of 25 during
14 the qualifying emergency or the 1-year period imme-
15 diately following the expiration of the qualifying
16 emergency.
17 (c) QUALIFYING EMERGENCY DEFINED.—In this
18 section, the term ‘‘qualifying emergency’’ has the meaning
19 given the term in section 3502(a)(4) of the Coronavirus
20 Aid, Relief, and Economic Security Act (Public Law 116–
21 136).
December 21, 2020 (9:35 a.m.)

394
1 TITLE VII—NUTRITION AND
2 AGRICULTURE RELIEF
3 Subtitle A—Nutrition
4 CHAPTER 1—SUPPLEMENTAL NUTRITION
5 ASSISTANCE PROGRAM
7 In this chapter—
8 (1) COVID-19 PUBLIC HEALTH EMERGENCY.—
9 The term ‘‘COVID-19 public health emergency’’

10 means a public health emergency declared or re-
11 newed by the Secretary of Health and Human Serv-
12 ices under section 319 of the Public Health Service
13 Act (42 U.S.C. 247d) based on an outbreak of
14 coronavirus disease 2019 (COVID-19).
16 the Secretary of Agriculture.
17 (3) SUPPLEMENTAL NUTRITION ASSISTANCE
18 PROGRAM.—The term ‘‘supplemental nutrition as-

19 sistance program’’ has the meaning given such term
20 in section 3(t) of the Food and Nutrition Act of
21 2008 (7 U.S.C. 2012(t)).
22 (4) SNAP.—The term ‘‘SNAP’’ refers to the
23 supplemental nutrition assistance program.
December 21, 2020 (9:35 a.m.)

395
1 SEC. 702. SUPPLEMENTAL NUTRITION ASSISTANCE PRO-
2 GRAM.
3 (a) VALUE OF BENEFITS.—Notwithstanding any

4 other provision of law, beginning on January 1, 2021, and
5 for each subsequent month through June 30, 2021, the
6 value of benefits determined under section 8(a) of the
7 Food and Nutrition Act of 2008 (7 U.S.C. 15 2017(a))
8 shall be calculated using 115 percent of the June 2020
9 value of the thrifty food plan (as defined in section 3 of
10 such Act (7 U.S.C. 2012)) if the value of the benefits
11 would be greater under that calculation than in the ab-
12 sence of this subsection.
13 (b) REQUIREMENTS FOR THE SECRETARY.—In car-
14 rying out this section, the Secretary shall—
15 (1) consider the benefit increases described in
16 subsection (a) to be a ‘‘mass change’’;
17 (2) require a simple process for States to notify
18 households of the increase in benefits;
19 (3) consider section 16(c)(3)(A) of the Food
20 and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A))
21 to apply to any errors in the implementation of this
22 section without regard to the 120-day limit described
23 in that section; and
24 (4) disregard the additional amount of benefits
25 that a household receives as a result of this section
26 in determining the amount of overissuances under
December 21, 2020 (9:35 a.m.)

396
1 section 13 of the Food and Nutrition Act of 2008
2 (7 U.S.C. 2022).
3 (c) ADMINISTRATIVE EXPENSES.—
4 (1) IN GENERAL.—For the costs of State ad-
5 ministrative expenses associated with carrying out
6 this section and administering the supplemental nu-
7 trition assistance program established under the
8 Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
9 seq.) during the COVID-19 public health emergency,
10 the Secretary shall make available $100,000,000 for
11 fiscal year 2021.
12 (2) TIMING.—Not later than 60 days after the
13 date of the enactment of this Act, the Secretary
14 shall make available to States amounts for fiscal
15 year 2021 under paragraph (1).
16 (3) ALLOCATION OF FUNDS.—Funds described
17 in paragraph (1) shall be made available as grants
18 to State agencies for fiscal year 2021 as follows:
19 (A) 75 percent of the amounts available
20 for fiscal year 2021 shall be allocated to States
21 based on the share of each State of households
22 that participate in the supplemental nutrition
23 assistance program as reported to the Depart-
24 ment of Agriculture for the most recent 12-
25 month period for which data are available, ad-
December 21, 2020 (9:35 a.m.)

397
1 justed by the Secretary (as of the date of the
2 enactment of this Act) for participation in dis-
3 aster programs under section 5(h) of the Food
4 and Nutrition Act of 2008 (7 U.S.C. 2014(h));
5 and
6 (B) 25 percent of the amounts available
7 for fiscal year 2021 shall be allocated to States
8 based on the increase in the number of house-
9 holds that participate in the supplemental nu-
10 trition assistance program as reported to the
11 Department of Agriculture over the most recent
12 12-month period for which data are available,
13 adjusted by the Secretary (as of the date of the
14 enactment of this Act) for participation in dis-
15 aster programs under section 5(h) of the Food
16 and Nutrition Act of 2008 (7 U.S.C. 2014(h)).
17 (d) CERTAIN EXCLUSIONS FROM SNAP INCOME.—A
18 Federal pandemic unemployment compensation payment
19 made to an individual under section 2104 of the
21 lic Law 116–136) shall not be regarded as income and
22 shall not be regarded as a resource for the month of re-
23 ceipt and the following 9 months, for the purpose of deter-
24 mining eligibility of such individual or any other individual
25 for benefits or assistance, or the amount of benefits or
December 21, 2020 (9:35 a.m.)

398
1 assistance, under any programs authorized under the
2 Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
3 (e) PROVISIONS FOR IMPACTED STUDENTS.—
4 (1) IN GENERAL.—Notwithstanding any other
5 provision of law, not later than 20 days after the
6 date of the enactment of this Act, eligibility for sup-
7 plemental nutrition assistance program benefits shall
8 not be limited under section 6(e) of the Food and
9 Nutrition Act of 2008 (7 U.S.C. 2015(e)) for an in-
10 dividual who—
11 (A) is enrolled at least half-time in an in-
12 stitution of higher education; and
13 (B)(i) is eligible to participate in a State
14 or federally financed work study program dur-
15 ing the regular school year as determined by
16 the institution of higher education; or
17 (ii) in the current academic year, has an
18 expected family contribution of $0 as deter-
19 mined in accordance with part F of title IV of
20 the Higher Education Act of 195 (20 U.S.C.
21 1087kk et. seq.).
22 (2) SUNSET.—
23 (A) INITIAL APPLICATIONS.—The eligi-
24 bility standards authorized under paragraph (1)
25 shall be in effect for initial applications for the
December 21, 2020 (9:35 a.m.)

399
1 supplemental nutrition assistance program until
2 30 days after the COVID–19 public health
3 emergency is lifted.
4 (B) RECERTIFICATIONS.—The eligibility
5 standards authorized under paragraph (1) shall
6 be in effect until the first recertification of a
7 household beginning no earlier than 30 days
8 after the COVID–19 public health emergency is
9 lifted.
10 (3) GUIDANCE.—
11 (A) IN GENERAL.—Not later than 10 days
12 after the date of enactment of this Act, the Sec-
13 retary shall issue guidance to State agencies on
14 the temporary student eligibility requirements
15 established under this subsection.
16 (B) COORDINATION WITH THE DEPART-
17 MENT OF EDUCATION.—The Secretary of Edu-

18 cation, in consultation with the Secretary of Ag-
19 riculture and institutions of higher education,
20 shall carry out activities to inform applicants
21 for Federal student financial aid under the
22 Higher Education Act of 1965 (20 U.S.C. 1001
23 et seq.) and students at institutions of higher
24 education of the temporary student eligibility
25 requirements established under this subsection.
December 21, 2020 (9:35 a.m.)

400
1 (f) REPORT.—Not later than July 31, 2021, the Sec-
2 retary shall submit to the Committee on Agriculture of
3 the House of Representatives and the Committee on Agri-
4 culture, Nutrition, and Forestry of the Senate a report
5 that accounts for both the redemption rate and account
6 balances for each month during the period specified in
7 subsection (a).
8 (g) LIMITATION ON QUALITY CONTROL WAIVERS.—
9 Section 4603(a)(2) of the Continuing Appropriations Act,
10 2021 and Other Extensions Act (Public Law 116-159) is
11 amended by striking ‘‘September 30, 2021’’ and inserting
12 ‘‘June 30, 2021’’.
13 (h) FUNDING.—There are hereby appropriated to the
14 Secretary, out of any money not otherwise appropriated,
15 such sums as may be necessary to carry out this section.
16 SEC. 703. ADDITIONAL ASSISTANCE FOR SNAP ONLINE PUR-
17 CHASING AND TECHNOLOGY IMPROVE-
18 MENTS.
19 (a) RESOURCES FOR SNAP ONLINE PURCHASING.—

20 Not later than 60 days after the date of enactment of this
21 Act, the Secretary shall provide—
22 (1) additional support for the Food and Nutri-
23 tion Service to conduct end-to-end testing in the on-
24 line production environment; and
December 21, 2020 (9:35 a.m.)

401
1 (2) technical assistance to educate retailers on
2 the process and technical requirements for the online
3 acceptance of SNAP benefits and to support and ex-
4 pedite SNAP online purchasing.
5 (b) SNAP ONLINE PURCHASING ASSISTANCE FOR DI-
6 RECT-MARKETING FARMERS AND FARMERS’ MARKETS.—
7 The Secretary, on a competitive basis, shall enter into co-
8 operative agreements with, or provide grants to, not more
9 than 5 eligible entities to build out functionality, and pro-
10 vide assistance to direct-marketing farmers and farmers’
11 markets to accept SNAP benefits through online trans-
12 actions.
13 (1) SELECTION PRIORITY.—The Secretary shall
14 prioritize eligible entities with experience building
15 online purchasing platforms for technology solutions
16 for farmers’ markets and direct-marketing farmers.
17 (2) DEFINITION OF ELIGIBLE ENTITY.—In this
18 subsection, the term ‘‘eligible entity’’ means a non-
19 profit entity with experience building online pur-
20 chasing platforms or technology solutions, or with
21 experience working with commercial entities that
22 have experience building online purchasing platforms
23 or technology solutions.
24 (c) ISSUANCE INNOVATION AND TECHNOLOGY IM-
25 PROVEMENT SUPPORT.—The Secretary shall—
December 21, 2020 (9:35 a.m.)

402
1 (1) review technological developments, including
2 developments related to security and privacy, sur-
3 rounding mobile payment technology, to support the
4 mobile technologies demonstration projects and the
5 use of mobile technologies authorized under section
6 7(k)(14) of the Food and Nutrition Act of 2008;
7 and
8 (2) test methods to modernize electronic benefit
9 transfer technology for the purpose of improving the
10 security and integrity of the electronic benefits
11 transfer system.
12 (d) REPORT.—Not later than January 31, 2022, and
13 annually thereafter until all funds provided under sub-
14 section (e) have been expended, the Secretary shall submit
15 to the Committee on Agriculture of the House of Rep-
16 resentatives and the Committee on Agriculture, Nutrition,
17 and Forestry of the Senate a report that includes—
18 (1) a description of the activities conducted
19 under subsections (a), (b), and (c);
20 (2) a description of any grants, cooperative
21 agreements, or contracts awarded under this section;
22 (3) an analysis of the technological develop-
23 ments surrounding mobile payment technology; and
24 (4) a summary of EBT modernization testing
25 results under subsection (c)(2).
December 21, 2020 (9:35 a.m.)

403
1 (e) FUNDING.—
2 (1) APPROPRIATIONS.—There is hereby appro-
3 priated to the Secretary, out of any money in the
4 Treasury not otherwise appropriated, $5,000,000 to
5 be available until expended to carry out this section.
6 (2) USE OF FUNDS.—With respect to the funds
7 appropriated under paragraph (1), the Secretary
8 shall use—
9 (A) not more than $1,000,000 for pur-
10 poses described in subsection (a); and
11 (B) not more than $1,000,000 for pur-
12 poses described in subsection (b).
13 SEC. 704. NUTRITION ASSISTANCE PROGRAMS.
14 In addition to amounts otherwise made available,

16 2021, shall be available for the Secretary of Agriculture
17 to provide grants to the Commonwealth of the Northern
18 Mariana Islands, Puerto Rico, and American Samoa for
19 nutrition assistance in response to a COVID-19 public
20 health emergency, of which $14,000,000 shall be available
21 for the Commonwealth of the Northern Mariana Islands.
December 21, 2020 (9:35 a.m.)

404
1 CHAPTER 2—COMMODITY DISTRIBUTION
2 PROGRAMS
3 SEC. 711. EMERGENCY FOOD ASSISTANCE PROGRAM.
4 For an additional amount for the ‘‘Commodity As-

5 sistance Program’’ for the emergency food assistance pro-
6 gram as authorized by section 27(a) of the Food and Nu-
7 trition Act of 2008 (7 U.S.C. 2036(a)) and section
8 204(a)(1) of the Emergency Food Assistance Act of 1983
9 (7 U.S.C. 7508(a)(1)), $400,000,000, to remain available
10 through September 30, 2021: Provided, That of the funds
11 made available in this section, the Secretary may use up
12 to 20 percent for costs associated with the distribution of
13 commodities.
14 SEC. 712. COMMODITY SUPPLEMENTAL ASSISTANCE PRO-
15 GRAM.
16 In addition to amounts otherwise made available,

18 2021, shall be available for the Secretary of Agriculture
19 for the Commodity Supplemental Food Program as au-
20 thorized by section 4(a) of the Agriculture and Consumer
21 Protection Act of 1973 (7 U.S.C. 612c note): Provided,
22 That of the funds made available in this section, up to
23 20 percent shall be available for State administrative ex-
24 penses.
December 21, 2020 (9:35 a.m.)

405
1 CHAPTER 3—CHILD NUTRITION
2 SEC. 721. ASSISTANCE FOR CHILDREN IN CHILD CARE.
3 Section 1101 of the Families First Coronavirus Re-

4 sponse Act (Public Law 116-127; 7 U.S.C. 2011 note) is
5 amended—
6 (1) in subsection (f), by amending paragraph
7 (2) to read as follows:
8 ‘‘(2) SIMPLIFYING ASSUMPTIONS FOR SCHOOL
9 YEAR 2020-2021.—For purposes of this section, a

10 State agency may develop and use simplifying as-
11 sumptions (including a State or local public health
12 ordinance developed in response to COVID–19) and
13 the best feasibly available data to determine the sta-
14 tus of a school or covered child care facility as
15 opened, closed, or operating with a reduced number
16 of days or hours, establish State or regionally-based
17 benefits levels, identify eligible children and children
18 eligible for assistance under subsection (h), and es-
19 tablish eligibility periods for eligible children and
20 children eligible for assistance under subsection
21 (h).’’; and
22 (2) in subsection (h)—
23 (A) in paragraph (1), by inserting ‘‘or the
24 area of a child’s residence’’ after ‘‘schools in the
25 area of a covered child care facility’’;
December 21, 2020 (9:35 a.m.)

406
1 (B) in paragraph (2), by inserting ‘‘or for
2 each day that a school in the area of a covered
3 child care facility or the area of the child’s resi-
4 dence is closed or has reduced attendance or
5 hours for at least 5 consecutive days’’ before
6 the period at the end; and
8 ‘‘(4) DEEMED POPULATION.—For purposes of
9 an approved State agency plan described in para-
10 graph (1) or an approved amendment to such a plan
11 described in such paragraph, the Secretary of Agri-
12 culture shall deem any child who has not attained
13 the age of 6 as a child who is enrolled in a covered
14 child care facility.’’; and
15 (3) in subsection (j), by inserting ‘‘for State
16 agencies, other agencies of the State, local units, and
17 schools’’ after ‘‘administrative expenses’’.
18 SEC. 722. EMERGENCY COSTS FOR CHILD NUTRITION PRO-
19 GRAMS DURING COVID–19 PANDEMIC.
20 (a) USE OF CERTAIN APPROPRIATIONS TO COVER

21 EMERGENCY OPERATIONAL COSTS UNDER SCHOOL MEAL
22 PROGRAMS.—
24 (A) REQUIRED ALLOTMENTS.—Notwith-
December 21, 2020 (9:35 a.m.)

407
1 retary shall allocate to each State that partici-
2 pates in the reimbursement program under
3 paragraph (3) such amounts as may be nec-
4 essary to carry out reimbursements under such
5 paragraph for each reimbursement month, in-
6 cluding, subject to paragraph (5)(B), adminis-
7 trative expenses necessary to make such reim-
8 bursements.
9 (B) GUIDANCE WITH RESPECT TO PRO-
10 GRAM.—Not later than 30 days after the date

11 of the enactment of this section, the Secretary
12 shall issue guidance with respect to the reim-
13 bursement program under paragraph (3).
14 (2) REIMBURSEMENT PROGRAM APPLICA-
15 TION.—To participate in the reimbursement pro-

16 gram under paragraph (3), not later than 30 days
17 after the date described in paragraph (1)(B), a
18 State shall submit an application to the Secretary
19 that includes a plan to calculate and disburse reim-
20 bursements under the reimbursement program under
21 paragraph (3).
22 (3) REIMBURSEMENT PROGRAM.—Subject to
23 paragraphs (4) and (5)(D), using the amounts allo-
24 cated under paragraph (1)(A), a State participating
25 in the reimbursement program under this paragraph
December 21, 2020 (9:35 a.m.)

408
1 shall make reimbursements for emergency oper-
2 ational costs for each reimbursement month as fol-
3 lows:
4 (A) For each new school food authority in
5 the State for the reimbursement month, an
6 amount equal to 55 percent of the amount
7 equal to—
8 (i) the average monthly amount such
9 new school food authority was reimbursed
10 under the reimbursement sections for
11 meals and supplements served by such new
12 school food authority during the alternate
13 period; minus
14 (ii) the amount such new school food
15 authority was reimbursed under the reim-
16 bursement sections for meals and supple-
17 ments served by such new school food au-
18 thority during such reimbursement month.
19 (B) For each school food authority not de-
20 scribed in subparagraph (A) in the State for
21 the reimbursement month, an amount equal to
22 55 percent of—
23 (i) the amount such school food au-
24 thority was reimbursed under the reim-
December 21, 2020 (9:35 a.m.)

409
1 ments served by such school food authority
2 for the month beginning one year before
3 such reimbursement month; minus
4 (ii) the amount such school food au-
5 thority was reimbursed under the reim-
7 ments served by such school food authority
8 during such reimbursement month.
9 (4) SPECIAL RULES RELATING TO REIMBURSE-
10 MENT CALCULATION.—
11 (A) EFFECT OF NEGATIVE NUMBER.—If a

12 subtraction performed under subparagraph (A)
13 or (B) of paragraph (3) results in a negative
14 number, the reimbursement amount calculated
15 under such subparagraph shall equal zero.
16 (B) SPECIAL TREATMENT OF MARCH,
17 2020.—In the case of a reimbursement under

18 subparagraph (A) or (B) of paragraph (3) for
19 the reimbursement month of March, 2020, the
20 reimbursement amount shall be equal to the
21 amount determined under such a subparagraph
22 for such month, divided by 2.
23 (5) TREATMENT OF FUNDS.—
December 21, 2020 (9:35 a.m.)

410
1 (A) AVAILABILITY.—Funds allocated to a
2 State under paragraph (1)(A) shall remain
4 (B) ADMINISTRATIVE EXPENSES.—A State
5 may reserve not more than 1 percent of the
6 funds allocated under paragraph (1)(A) for ad-
7 ministrative expenses to carry out this sub-
8 section.
9 (C) UNEXPENDED BALANCE.—On March
10 31, 2022, any amounts allocated to a State
11 under paragraph (1)(A) or reimbursed to a
12 school food authority or new school food author-
13 ity under paragraph (3) that are unexpended by
14 such State, school food authority, or new school
15 food authority shall revert to the Secretary.
16 (D) LIMITATION ON USE OF FUNDS.—
17 Funds allocated to a State under paragraph

18 (1)(A) may only be made available to a school
19 food authority or new school food authority
20 that—
21 (i) submits a claim to such State for
22 meals, supplements, or administrative costs
23 with respect to a month occurring during
24 the period beginning September 1, 2020
25 and ending December 31, 2020; or
December 21, 2020 (9:35 a.m.)

411
1 (ii) provides an assurance to such
2 State that the school food authority or new
3 school food authority will submit a claim to
4 such State for meals, supplements, or ad-
5 ministrative costs with respect to a month
6 occurring during the first full semester (or
7 equivalent term) after the conclusion of the
8 public health emergency, as determined by
9 such State.
10 (6) REPORTS.—Each State that carries out a
11 reimbursement program under paragraph (3) shall,
12 not later than March 31, 2022, submit a report to
13 the Secretary that includes a summary of the use of
14 such funds by the State and each school food au-
15 thority and new school food authority in such State.
16 (b) USE OF CERTAIN APPROPRIATIONS TO COVER
17 CHILD AND ADULT CARE FOOD PROGRAM CHILD CARE
18 OPERATIONAL EMERGENCY COSTS DURING COVID–19
19 PANDEMIC.—
21 (A) REQUIRED ALLOTMENTS.—Notwith-

23 retary shall allocate to each State that partici-
24 pates in the reimbursement program under
25 paragraph (3) such amounts as may be nec-
December 21, 2020 (9:35 a.m.)

412
1 essary to carry out reimbursements under such
2 paragraph for each reimbursement month, in-
3 cluding, subject to paragraph (5)(C), adminis-
4 trative expenses necessary to make such reim-
5 bursements.
6 (B) GUIDANCE WITH RESPECT TO PRO-
7 GRAM.—Not later than 30 days after the date

8 of the enactment of this section, the Secretary
9 shall issue guidance with respect to the reim-
10 bursement program under paragraph (3).
11 (2) REIMBURSEMENT PROGRAM APPLICA-
12 TION.—To participate in the reimbursement pro-

13 gram under paragraph (3), not later than 30 days
14 after the date described in paragraph (1)(B), a
15 State shall submit an application to the Secretary
16 that includes a plan to calculate and disburse reim-
17 bursements under the reimbursement program under
18 paragraph (3).
19 (3) REIMBURSEMENT AMOUNT.—Subject to
20 paragraphs (4) and (5)(E), using the amounts allo-
21 cated under paragraph (1)(A), a State participating
22 in the reimbursement program under this paragraph
23 shall make reimbursements for child care operational
24 emergency costs for each reimbursement month as
25 follows:
December 21, 2020 (9:35 a.m.)

413
1 (A) For each new covered institution in the
2 State for the reimbursement month, an amount
3 equal to 55 percent of—
5 new covered institution was reimbursed
6 under subsection (c) and subsection (f) of
7 section 17 of the Richard B. Russell Na-
8 tional School Lunch Act (42 U.S.C. 1766)
9 for meals and supplements served by such
10 new covered institution during the alter-
11 nate period; minus
12 (ii) the amount such new covered in-
13 stitution was reimbursed under such sec-
14 tion for meals and supplements served by
15 such new covered institution during such
16 reimbursement month.
17 (B) For each covered institution not de-
18 scribed in subparagraph (A) in the State for
19 the reimbursement month, an amount equal to
20 55 percent of—
21 (i) the amount such covered institu-
22 tion was reimbursed under subsection (c)
23 and subsection (f) of section 17 of the
24 Richard B. Russell National School Lunch
25 Act (42 U.S.C. 1766) for meals and sup-
December 21, 2020 (9:35 a.m.)

414
1 plements served by such covered institution
2 during the month beginning one year be-
3 fore such reimbursement month; minus
4 (ii) the amount such covered institu-
5 tion was reimbursed under such section for
6 meals and supplements served by such cov-
7 ered institution during such reimbursement
8 month.
9 (C) For each new sponsoring organization
10 of a family or group day care home in the State
11 for the reimbursement month, an amount equal
12 to 55 percent of—
14 new sponsoring organization of a family or
15 group day care home was reimbursed
16 under section 17(f)(3)(B) of the Richard
17 B. Russell National School Lunch Act (42
18 U.S.C. 1766(f)(3)(B)) for administrative
19 funds for the alternate period; minus
20 (ii) the amount such new sponsoring
21 organization of a family or group day care
22 home was reimbursed under such section
23 for administrative funds for the reimburse-
24 ment month.
December 21, 2020 (9:35 a.m.)

415
1 (D) For each sponsoring organization of a
2 family or group day care home not described in
3 subparagraph (C) in the State for the reim-
4 bursement month, an amount equal to 55 per-
5 cent of—
6 (i) the amount such sponsoring orga-
7 nization of a family or group day care
8 home was reimbursed under section
9 17(f)(3)(B) of the Richard B. Russell Na-
10 tional School Lunch Act (42 U.S.C.
11 1766(f)(3)(B)) for administrative funds for
12 the month beginning one year before such
13 reimbursement month; minus
14 (ii) the amount such sponsoring orga-
15 nization of a family or group day care
16 home was reimbursed under such section
17 for administrative funds for such reim-
18 bursement month.
19 (4) SPECIAL RULES RELATING TO REIMBURSE-
20 MENT CALCULATION.—
21 (A) EFFECT OF NEGATIVE NUMBER.—If a

22 subtraction performed under subparagraph (A),
23 (B), (C), or (D) of paragraph (3) results in a
24 negative number, the reimbursement amount
December 21, 2020 (9:35 a.m.)

416
1 calculated under such subparagraph shall equal
2 zero.
3 (B) SPECIAL TREATMENT OF MARCH,
4 2020.—In the case of a reimbursement under

5 subparagraph (A), (B), (C), or (D) of para-
6 graph (3) for the reimbursement month of
7 March, 2020, the reimbursement amount shall
8 be equal to the amount determined under such
9 a subparagraph for such month, divided by 2.
10 (5) TREATMENT OF FUNDS.—
11 (A) AVAILABILITY.—Funds allocated to a

12 State under paragraph (1)(A) shall remain
14 (B) UNAFFILIATED CENTER.—In the case
15 of a covered institution or a new covered insti-
16 tution that is an unaffiliated center that is
17 sponsored by a sponsoring organization and re-
18 ceives funds for a reimbursement month under
19 subparagraph (A) or (B) of paragraph (3), such
20 unaffiliated center shall provide to such spon-
21 soring organization an amount of such funds as
22 agreed to by the sponsoring organization and
23 the unaffiliated center, except such amount may
24 not be greater be than 15 percent of such
25 funds.
December 21, 2020 (9:35 a.m.)

417
1 (C) ADMINISTRATIVE EXPENSES.—A State
2 may reserve not more than 1 percent of the
3 funds allocated under paragraph (1)(A) for ad-
4 ministrative expenses to carry out this sub-
5 section.
6 (D) UNEXPENDED BALANCE.—On March
7 31, 2022, any amounts allocated to a State
8 under paragraph (1)(A) or reimbursed to a new
9 covered institution, covered institution, new
10 sponsoring organization of a family or group
11 day care home, or sponsoring organization of a
12 family or group day care home that are unex-
13 pended by such State, new covered institution,
14 covered institution, new sponsoring organization
15 of a family or group day care home, or spon-
16 soring organization of a family or group day
17 care home, shall revert to the Secretary.
18 (E) LIMITATION ON USE OF FUNDS.—
19 Funds allocated to a State under paragraph

20 (1)(A) may only be made available to a new
21 covered institution, covered institution, new
22 sponsoring organization of a family or group
23 day care home, or sponsoring organization of a
24 family or group day care home that—
December 21, 2020 (9:35 a.m.)

418
1 (i) submits a claim to such State for
2 meals, supplements, or administrative costs
3 with respect to a month occurring during
4 the period beginning September 1, 2020
5 and ending December 31, 2020; or
6 (ii) provides an assurance to such
7 State that the new covered institution, cov-
8 ered institution, new sponsoring organiza-
9 tion of a family or group day care home,
10 or sponsoring organization of a family or
11 group day care home will submit a claim to
12 such State for meals, supplements, or ad-
13 ministrative costs with respect to a month
14 occurring within 90 days after the conclu-
15 sion of the public health emergency.
16 (6) REPORTS.—Each State that carries out a
17 reimbursement program under paragraph (3) shall,
18 not later than March 31, 2022, submit a report to
19 the Secretary that includes a summary of the use of
20 such funds by the State and each new covered insti-
21 tution, covered institution, new sponsoring organiza-
22 tion of a family or group day care home, or spon-
23 soring organization of a family or group day care
24 home.
December 21, 2020 (9:35 a.m.)

419
1 (c) FUNDING.—There are appropriated to the Sec-
2 retary, out of any funds in the Treasury not otherwise
3 appropriated, such sums as are necessary to carry out this
4 section.
5 (d) DEFINITIONS.—In this section:
6 (1) ALTERNATE PERIOD.—The term ‘‘alternate
7 period’’ means the period beginning January 1,
8 2020 and ending February 29, 2020.
9 (2) EMERGENCY OPERATIONAL COSTS.—The
10 term ‘‘emergency operational costs’’ means the costs

11 incurred by a school food authority or new school
12 food authority—
13 (A) during a public health emergency;
14 (B) that are related to the ongoing oper-
15 ation, modified operation, or temporary suspen-
16 sion of operation (including administrative
17 costs) of such school food authority or new
18 school food authority; and
19 (C) except as provided under subsection
20 (a), that are not reimbursed under a Federal
21 grant.
22 (3) CHILD CARE OPERATIONAL EMERGENCY
23 COSTS.—The term ‘‘child care operational emergency

24 costs’’ means the costs under the child and adult
25 care food program under section 17 of the Richard
December 21, 2020 (9:35 a.m.)

420
1 B. Russell National School Lunch Act (42 U.S.C.
2 1766) incurred by a new covered institution, covered
3 institution, new sponsoring organization of a family
4 or group day care home, or sponsoring organization
5 of a family or group day care home—
6 (A) during a public health emergency;
7 (B) that are related to the ongoing oper-
8 ation, modified operation, or temporary suspen-
9 sion of operation (including administrative
10 costs) of such new covered institution, covered
11 institution, new sponsoring organization of a
12 family or group day care home, sponsoring or-
13 ganization of a family or group day care home,
14 or sponsoring organization of an unaffiliated
15 center; and
16 (C) except as provided under subsection
17 (b), that are not reimbursed under a Federal
18 grant.
19 (4) COVERED INSTITUTION.—The term ‘‘cov-
20 ered institution’’ means—
21 (A) an institution (as defined in section
22 17(a)(2) of the Richard B. Russell National
23 School Lunch Act (42 U.S.C. 1766(a)(2))); and
24 (B) a family or group day care home.
December 21, 2020 (9:35 a.m.)

421
1 (5) NEW COVERED INSTITUTION.—The term
2 ‘‘new covered institution’’ means a covered institu-
3 tion for which no reimbursements were made for
4 meals and supplements under section 17(c) or (f) of
5 the Richard B. Russell National School Lunch Act
6 (42 U.S.C. 1766) with respect to the previous reim-
7 bursement period.
8 (6) NEW SCHOOL FOOD AUTHORITY.—The term
9 ‘‘new school food authority’’ means a school food au-
10 thority for which no reimbursements were made
11 under the reimbursement sections with respect to
12 the previous reimbursement period.
13 (7) NEW SPONSORING ORGANIZATION OF A
14 FAMILY OR GROUP DAY CARE.—The term ‘‘new

15 sponsoring organization of a family or group day
16 care’’ means a sponsoring organization of a family
17 or group day care home for which no reimburse-
18 ments for administrative funds were made under
19 section 17(f)(3)(B) of the Richard B. Russell Na-
20 tional School Lunch Act (42 U.S.C. 1766(f)(3)(B))
21 for the previous reimbursement period.
22 (8) PREVIOUS REIMBURSEMENT PERIOD.—The
23 term ‘‘previous reimbursement period’’ means the

24 period beginning March 1, 2019 and ending June
25 30, 2019.
December 21, 2020 (9:35 a.m.)

422
1 (9) PUBLIC HEALTH EMERGENCY.—The term
2 ‘‘public health emergency’’ means a public health
3 emergency declared pursuant to section 319 of the
4 Public Health Service Act (42 U.S.C. 247d) result-
5 ing from the COVID–19 pandemic or any renewal of
6 such declaration pursuant to such section 319.
7 (10) REIMBURSEMENT MONTH.—The term ‘‘re-
8 imbursement month’’ means March 2020, April
9 2020, May 2020, and June 2020.
10 (11) REIMBURSEMENT SECTIONS.—The term
11 ‘‘reimbursement sections’’ means—
12 (A) section 4(b), section 11(a)(2), section
13 13, and section 17A(c) of the Richard B. Rus-
14 sell National School Lunch Act (42 U.S.C.
15 1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C.
16 1761; 42 U.S.C. 1766a(c)); and
17 (B) section 4 of the Child Nutrition Act
18 (42 U.S.C. 1773).
19 (12) SECRETARY.—The term ‘‘Secretary’’
20 means the Secretary of Agriculture.
21 (13) STATE.— The term ‘‘State’’ has the mean-
22 ing given such term in section 12(d)(8) of the Rich-
23 ard B. Russell National School Lunch Act (42
24 U.S.C. 1760(d)(8)).
December 21, 2020 (9:35 a.m.)

423
1 SEC. 723. TASK FORCE ON SUPPLEMENTAL FOODS DELIV-
2 ERY IN THE SPECIAL SUPPLEMENTAL NUTRI-
3 TION PROGRAM.
4 (a) ESTABLISHMENT OF TASK FORCE.—Not later

5 than 90 days after the date of the enactment of this sec-
6 tion, the Secretary shall establish a task force on supple-
7 mental foods delivery in the special supplemental nutrition
8 program (in this section referred to as the ‘‘Task Force’’).
9 (b) MEMBERSHIP.—
10 (1) COMPOSITION.—The Task Force shall be
11 composed of at least 1 member but not more than
12 3 members appointed by the Secretary from each of
13 the following:
14 (A) Retailers of supplemental foods.
15 (B) Representatives of State agencies.
16 (C) Representatives of Indian State agen-
17 cies.
18 (D) Representatives of local agencies.
19 (E) Technology companies with experience
20 maintaining the special supplemental nutrition
21 program information systems and technology,
22 including management information systems or
23 electronic benefit transfer services.
24 (F) Manufacturers of supplemental foods,
25 including infant formula.
December 21, 2020 (9:35 a.m.)

424
1 (G) Participants in the special supple-
2 mental nutrition program from diverse loca-
3 tions.
4 (H) Other organizations that have experi-
5 ence with and knowledge of the special supple-
6 mental nutrition program.
7 (2) LIMITATION ON MEMBERSHIP.—The Task
8 Force shall be composed of not more than 20 mem-
9 bers.
10 (c) DUTIES.—
11 (1) STUDY.—The Task Force shall study meas-
12 ures to streamline the redemption of supplemental
13 foods benefits that promote convenience, safety, and
14 equitable access to supplemental foods, including in-
15 fant formula, for participants in the special supple-
16 mental nutrition program, including—
17 (A) online and telephonic ordering and
18 curbside pickup of, and payment for, supple-
19 mental foods;
20 (B) online and telephonic purchasing of
21 supplemental foods;
22 (C) home delivery of supplemental foods;
23 (D) self checkout for purchases of supple-
24 mental foods; and
December 21, 2020 (9:35 a.m.)

425
1 (E) other measures that limit or eliminate
2 consumer presence in a physical store.
3 (2) REPORT BY TASK FORCE.—Not later than
4 September 30, 2021, the Task Force shall submit to
5 the Secretary a report that includes—
6 (A) the results of the study required under
7 paragraph (1); and
8 (B) recommendations with respect to such
9 results.
10 (3) REPORT BY SECRETARY.—Not later than
11 45 days after receiving the report required under
13 (A) submit to Congress a report that in-
14 cludes—
15 (i) a plan with respect to carrying out
16 the recommendations received by the Sec-
17 retary in such report under paragraph (2);
18 and
19 (ii) an assessment of whether legisla-
20 tive changes are necessary to carry out
21 such plan; and
22 (B) notify the Task Force of the submis-
23 sion of the report required under subparagraph
24 (A).
December 21, 2020 (9:35 a.m.)

426
1 (4) PUBLICATION.—The Secretary shall make
2 publicly available on the website of the Department
3 of Agriculture—
4 (A) the report received by the Secretary
5 under paragraph (2); and
6 (B) the report submitted by the Secretary
7 under paragraph (3)(A).
8 (d) TERMINATION.—The Task Force shall terminate
9 on the date the Secretary submits the report required
10 under paragraph (3)(A).
11 (e) NONAPPLICABILITY OF FACA.—The Federal Ad-
12 visory Committee Act (5 U.S.C. App.) shall not apply to
13 the Task Force.
14 (f) DEFINITIONS.—In this section:
15 (1) LOCAL AGENCY.—The term ‘‘local agency’’
16 has the meaning given the term in section 17(b) of
17 the Child Nutrition Act of 1966 (42 U.S.C.
18 1786(b)).
20 the Secretary of Agriculture.
21 (3) SPECIAL SUPPLEMENTAL NUTRITION PRO-
22 GRAM.—The term ‘‘special supplemental nutrition

23 program’’ means the special supplemental nutrition
24 program under section 17 of the Child Nutrition Act
25 of 1966 (42 U.S.C. 1786).
December 21, 2020 (9:35 a.m.)

427
1 (4) STATE AGENCY.—The term ‘‘State agency’’
2 has the meaning given the term in section 17(b) of
4 1786(b)).
5 (5) SUPPLEMENTAL FOODS.—The term ‘‘sup-
6 plemental foods’’ has the meaning given the term in
7 section 17(b) of the Child Nutrition Act of 1966 (42
8 U.S.C. 1786(b)).
9 CHAPTER 4—OTHER MATTERS
10 SEC. 731. AGING AND DISABILITY SERVICES PROGRAMS.
11 For an additional amount for nutrition services under

12 the Older Americans Act of 1965, $175,000,000: Pro-
13 vided, That of the amount made available under this head-
14 ing in this Act, $168,000,000 shall be for subparts 1 and
15 2 of part C of title III of such Act and $7,000,000 shall
16 be for nutrition services under title VI of such Act: Pro-
17 vided further, That State matching requirements under
18 sections 304(d)(1)(D) and 309(b)(2) of such Act shall not
19 apply to funds made available under this heading.
20 SEC. 732. NUTRITION SERVICES UNDER OLDER AMERICANS
21 ACT.
22 (a) NUTRITION SERVICES TRANSFER CRITERIA.—

23 With respect to funds appropriated under paragraph (1)
24 or (2) of section 303(b) of the Older Americans Act of
25 1965 (42 U.S.C. 3023(b)) received by a State for fiscal
December 21, 2020 (9:35 a.m.)

428
1 year 2021, the Secretary shall allow a State agency or an
2 area agency on aging, without prior approval, to transfer
3 not more than 100 percent of the funds received, notwith-
4 standing the limitation on transfer authority provided in
5 subparagraph (A) of section 308(b)(4) of the Older Ameri-
6 cans Act of 1965 (42 U.S.C. 3028(b)(4)) and without re-
7 gard to subparagraph (B) of such section, by the State
8 agency or area agency on aging, respectively, and attrib-
9 utable to funds appropriated under paragraph (1) or (2)
10 of section 303(b) of such Act, between subpart 1 and sub-
11 part 2 of part C (42 U.S.C. 3030d–2 et seq.) for such
12 use as the State agency or area agency on aging, respec-
13 tively, considers appropriate to meet the needs of the State
14 or area served.
15 (b) HOME-DELIVERED NUTRITION SERVICES WAIV-
16 ER.—For purposes of determining eligibility for the deliv-
17 ery of nutrition services under section 337 of the Older
18 Americans Act of 1965 (42 U.S.C. 3030g), with funds re-
19 ceived by a State under the Older Americans Act of 1965
20 (42 U.S.C. 2001 et seq.) for fiscal 2021, the State shall
21 treat an older individual who is unable to obtain nutrition
22 because the individual is practicing social distancing due
23 to the public health emergency in the same manner as the
24 State treats an older individual who is homebound by rea-
25 son of illness.
December 21, 2020 (9:35 a.m.)

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1 (c) DIETARY GUIDELINES WAIVER.—To facilitate
2 implementation of subparts 1 and 2 of part C of title III
3 of the Older Americans Act of 1965 (42 U.S.C. 3030d–
4 2 et seq.), with funds received by a State for fiscal year
5 2021, the Assistant Secretary for Aging may waive, but
6 continue to make every effort practicable to encourage the
7 restoration of, the applicable requirements for meals pro-
8 vided under such subparts comply with the requirements
9 of clauses (i) and (ii) of section 339(2)(A) of such Act
10 (42 U.S.C. 3030g–21(2)(A)).
11 Subtitle B—Agriculture
12 CHAPTER 1—AGRICULTURAL PROGRAMS
13 SEC. 751. OFFICE OF THE SECRETARY.
14 There is appropriated, out of any funds in the Treas-

15 ury not otherwise appropriated, for an additional amount
16 for the ‘‘Office of the Secretary’’, $11,187,500,000, to re-
17 main available until expended, to prevent, prepare for, and
18 respond to coronavirus by providing support for agricul-
19 tural producers, growers, and processors impacted by
20 coronavirus, including producers and growers of specialty
21 crops, non-specialty crops, dairy, livestock, and poultry,
22 producers that supply local food systems, including farm-
23 ers markets, restaurants, and schools, and growers who
24 produce livestock or poultry under a contract for another
25 entity: Provided, That from the amounts provided in this
December 21, 2020 (9:35 a.m.)

430
1 section, the Secretary of Agriculture shall make supple-
2 mental payments to producers of price trigger crops for
3 the 2020 crop year under section 9.202 of title 7, Code
4 of Federal Regulations, on eligible acres of the crop, in
5 an amount equal to $20 per eligible acre: Provided further,
6 That from the amounts provided in this section, the Sec-
7 retary of Agriculture shall make supplemental payments
8 to producers of flat-rate crops for the 2020 crop year
9 under section 9.202 of title 7, Code of Federal Regula-
10 tions, on eligible acres of the crop, in an amount equal
11 to $20 per eligible acre: Provided further, That for the pur-
12 poses of determining the amount of eligible sales under
13 section 9.202(i) of title 7, Code of Federal Regulations,
14 the Secretary of Agriculture shall also include indemnities
15 received under crop insurance under the Federal Crop In-
16 surance Act (7 U.S.C. 1501 et seq.) and payments made
17 or calculated under the noninsured crop disaster assist-
18 ance program established by section 196 of the Federal
19 Agriculture Improvement and Reform Act of 1996 (7
20 U.S.C. 7333) and the wildfire and hurricane indemnity
21 plus program under subpart O of part 760 of title 7, Code
22 of Federal Regulations: Provided further, That for the pur-
23 poses of determining the amount of eligible sales under
24 section 9.202(i) of title 7, Code of Federal Regulations,
25 the Secretary of Agriculture may allow producers to sub-
December 21, 2020 (9:35 a.m.)

431
1 stitute 2018 sales for such commodities for 2019 sales:
2 Provided further, That from the amounts provided in this
3 section, the Secretary of Agriculture shall make payments
4 to producers of livestock or poultry (not including any
5 packer (as defined in section 201 of the Packers and
6 Stockyards Act, 1921 (7 U.S.C. 191)) or live poultry deal-
7 er (as defined in section 2(a) of that Act (7 U.S.C.
8 182(a)))) for losses of livestock or poultry depopulated be-
9 fore the date of enactment of this Act due to insufficient
10 processing access, based on 80 percent of the fair market
11 value of any livestock or poultry so depopulated, and for
12 the cost of such depopulation (other than costs for which
13 the producer has been compensated under the environ-
14 mental quality incentives program under subchapter A of
15 chapter 4 of subtitle D of title XII of the Food Security
16 Act of 1985 (16 U.S.C. 3839aa et seq.)): Provided further,
17 That in determining the cost of depopulation under the
18 preceding proviso, the Secretary of Agriculture may take
19 into consideration whether a producer has been com-
20 pensated for the costs of such depopulation by any State
21 program: Provided further, That from the amounts pro-
22 vided in this section, the Secretary of Agriculture shall
23 make payments to producers of cattle described in para-
24 graphs (2), (3), and (4) of section 9.102(i) of title 7, Code
25 of Federal Regulations, in an amount equal to the product
December 21, 2020 (9:35 a.m.)

432
1 obtained by multiplying the number of such cattle in in-
2 ventory during the time period specified in paragraph
3 (c)(2) of that section by 50 percent of the payment rate
4 calculated by subtracting the applicable CCC payment rate
5 specified in paragraph (h) of that section and the applica-
6 ble payment rate specified in section 9.202(c) of that title
7 from the applicable CARES Act payment rate specified
8 in section 9.102(h) of that title: Provided further, That
9 from the amounts provided in this section, the Secretary
10 of Agriculture shall make payments to producers of cattle
11 described in paragraphs (1) and (5) of section 9.102(i)
12 of title 7, Code of Federal Regulations, in an amount
13 equal to the product obtained by multiplying the number
14 of such cattle in inventory during the time period specified
15 in paragraph (c)(2) of that section by 25 percent of the
16 payment rate calculated by subtracting the applicable CCC
17 payment rate specified in paragraph (h) of that section
18 and the applicable payment rate specified in section
19 9.202(c) of that title (if applicable) from the applicable
20 CARES Act payment rate specified in section 9.102(h) of
21 that title: Provided further, That from the amounts pro-
22 vided in this section, the Secretary of Agriculture shall use
23 not more than $1,000,000,000 to make payments to con-
24 tract growers of livestock and poultry to cover not more
25 than 80 percent of revenue losses, as determined by the
December 21, 2020 (9:35 a.m.)

433
1 Secretary of Agriculture, for the period beginning on Jan-
2 uary 1, 2020, and ending on the date of enactment of this
3 Act: Provided further, That from the amounts provided in
4 this section, the Secretary of Agriculture shall use not less
5 than $20,000,000 to improve and maintain animal disease
6 prevention and response capacity: Provided further, That
8 of Agriculture shall make payments to domestic users of
9 upland cotton and extra-long staple cotton for the period
10 beginning on March 1, 2020, and ending on December 31,
11 2020, in an amount equal to the product obtained by mul-
12 tiplying 10 by the product obtained by multiplying 6 cents
13 per pound by the average monthly consumption of the do-
14 mestic user for the period beginning on January 1, 2017,
15 and ending on December 31, 2019: Provided further, That
16 notwithstanding paragraph (e) of section 9.7 of title 7,
17 Code of Federal Regulations (or any successor regulation),
18 and subject to the availability of funds, taking into ac-
19 count the requirements of the other provisos in this sec-
20 tion, for purposes of providing assistance under subparts
21 B and C of part 9 of that title, the Secretary of Agri-
22 culture shall make additional payments to ensure that
23 such assistance more closely aligns with the calculated
24 gross payment or revenue losses of any person or entity,
25 except that such assistance shall not exceed the calculated
December 21, 2020 (9:35 a.m.)

434
1 gross payment or 80 percent of the loss, as determined
2 by the Secretary of Agriculture, of any entity or persons,
3 and that for the purposes of determining income derived
4 from farming, ranching, and forestry under paragraph (d)
5 of that section, the Secretary of Agriculture shall broadly
6 consider income derived from agricultural sales (including
7 gains), agricultural services, the sale of agricultural real
8 estate, and prior year net operating loss carryforward as
9 such income: Provided further, That from the amounts
10 provided in this section, the Secretary of Agriculture may
11 provide support to processors for losses of crops due to
12 insufficient processing access: Provided further, That the
13 Secretary of Agriculture may extend the term of a mar-
14 keting assistance loan authorized by section 1201 of the
15 Agricultural Act of 2014 (7 U.S.C. 9031), notwith-
16 standing section 1203(b) of that Act (7 U.S.C. 9033(b)),
17 for any loan commodity to 12 months: Provided further,
18 That the authority provided by the previous proviso shall
19 expire on September 30, 2021: Provided further, That
21 of Agriculture shall use not less than $1,500,000,000 to
22 purchase food and agricultural products, including sea-
23 food, to purchase and distribute agricultural products (in-
24 cluding fresh produce, dairy, and meat products) to indi-
25 viduals in need, including through delivery to nonprofit or-
December 21, 2020 (9:35 a.m.)

435
1 ganizations that can receive, store, and distribute food
2 items, and for grants and loans to small or midsized food
3 processors or distributors, seafood processing facilities and
4 processing vessels, farmers markets, producers, or other
5 organizations to respond to coronavirus, including for
6 measures to protect workers against the Coronavirus Dis-
7 ease 2019 (COVID–19): Provided further, That not later
8 than 30 days after the date of enactment of this Act and
9 prior to issuing solicitations for contracts under the pre-
10 vious proviso, the Secretary of Agriculture shall conduct
11 a preliminary review of actions necessary to improve
12 COVID–19-related food purchasing, including reviewing
13 coordination, specifications, quality, and fairness of pur-
14 chases, including the distribution of purchased commod-
15 ities, including the fairness of food distribution, such as
16 whether rural communities received adequate support, the
17 degree to which transportation costs were sufficient to
18 reach all areas, whether food safety was adequate in the
19 distribution of food, and the degree to which local pur-
20 chases of food were made: Provided further, That from the
21 amounts provided in this section, the Secretary of Agri-
22 culture may use not more than $200,000,000 to provide
23 relief to timber harvesting and timber hauling businesses
24 that have, as a result of the COVID–19 pandemic, experi-
25 enced a loss of not less than 10 percent in gross revenue
December 21, 2020 (9:35 a.m.)

436
1 during the period beginning on January 1, 2020, and end-
2 ing on December 1, 2020, as compared to the gross rev-
3 enue of that timber harvesting or hauling business during
4 the same period in 2019: Provided further, That in making
5 direct support payments in this section, the Secretary of
6 Agriculture may take into account price differentiation
7 factors for each commodity based on specialized varieties,
8 local markets, and farm practices, such as certified or-
9 ganic farms (as defined in section 2103 of the Organic
10 Foods Production Act of 1990 (7 U.S.C. 6502)): Provided
11 further, That using amounts provided in this section, the
12 Secretary of Agriculture may make payments to producers
13 of advanced biofuel, biomass-based diesel, cellulosic
14 biofuel, conventional biofuel, or renewable fuel (as such
15 terms are defined in section 211(o)(1) of the Clean Air
16 Act (42 U.S.C. 7545(o)(1))) produced in the United
17 States, for unexpected market losses as a result of
18 COVID–19: Provided further, That the Secretary of Agri-
19 culture may make recourse loans available to dairy prod-
20 uct processors, packagers, or merchandisers impacted by
21 COVID–19: Provided further, That each reference in this
22 section to a section or other provision of the Code of Fed-
23 eral Regulations shall be considered to be a reference to
24 that section or other provision as in effect on the date
December 21, 2020 (9:35 a.m.)

437
1 SEC. 752. SPECIALTY CROP BLOCK GRANTS.
2 Due to the impacts of COVID–19 on specialty crops,

3 there is appropriated, out of any funds in the Treasury
4 not otherwise appropriated, for Specialty Crop Block
5 Grants under section 101 of the Specialty Crops Competi-
6 tiveness Act of 2004 (7 U.S.C. 1621 note; Public Law
7 108–465), $100,000,000, to remain available until ex-
8 pended.
9 SEC. 753. LOCAL AGRICULTURE MARKET PROGRAM.
10 Due to the impacts that COVID–19 has had on many

11 local agriculture markets, there is appropriated, out of any
12 funds in the Treasury not otherwise appropriated, for the
13 Local Agriculture Market Program established under sec-
14 tion 210A of the Agricultural Marketing Act of 1946 (7
15 U.S.C. 1627c), $100,000,000, to remain available until
16 expended: Provided, That notwithstanding any other pro-
17 vision of law, the Secretary of Agriculture may reduce the
18 amount of matching funds otherwise required under that
19 section 210A to an amount not greater than 10 percent
20 of the total amount of the Federal funds obligated under
21 this section only during the public health emergency de-
22 clared by the Secretary of Health and Human Services
23 under section 319 of the Public Health Service Act (42
24 U.S.C. 247d) on January 31, 2020, with respect to
25 COVID–19 (or any renewal of that declaration): Provided
26 further, That such match may be an in-kind contribution.
December 21, 2020 (9:35 a.m.)

438
1 SEC. 754. FARMING OPPORTUNITIES TRAINING AND OUT-
2 REACH PROGRAM.
3 Due to the impacts of COVID–19 on certain pro-

4 ducers, there is appropriated, out of any funds in the
5 Treasury not otherwise appropriated, for the Farming Op-
6 portunities Training and Outreach Program under section
7 2501 of the Food, Agriculture, Conservation, and Trade
8 Act of 1990 (7 U.S.C. 2279), $75,000,000, to remain
9 available until expended: Provided, That notwithstanding
10 any other provision of law, the Secretary of Agriculture
11 may reduce the amount of matching funds otherwise re-
12 quired under that section 2501 to an amount not greater
13 than 10 percent of the total amount of the Federal funds
14 obligated under this section only during the public health
15 emergency declared by the Secretary of Health and
16 Human Services under section 319 of the Public Health
17 Service Act (42 U.S.C. 247d) on January 31, 2020, with
18 respect to COVID–19 (or any renewal of that declaration):
19 Provided further, That such match may be an in-kind con-
20 tribution: Provided further, That the Secretary of Agri-
21 culture may waive any maximum grant amount otherwise
22 applicable to grants provided using such amounts.
23 SEC. 755. GUS SCHUMACHER NUTRITION INCENTIVE PRO-
24 GRAM.

26 ury not otherwise appropriated, for the Gus Schumacher
December 21, 2020 (9:35 a.m.)

439
1 Nutrition Incentive Program under section 4405 of the
2 Food, Conservation, and Energy Act of 2008 (7 U.S.C.
3 7517), $75,000,000, to remain available until expended:
4 Provided, That notwithstanding any other provision of
5 law, the Secretary of Agriculture may reduce the amount
6 of matching funds otherwise required under that section
7 4405 to an amount not greater than 10 percent of the
8 total amount of the Federal funds obligated under this
9 section only during the public health emergency declared
10 by the Secretary of Health and Human Services under
11 section 319 of the Public Health Service Act (42 U.S.C.
12 247d) on January 31, 2020, with respect to COVID–19
13 (or any renewal of that declaration): Provided further,
14 That such match may be an in-kind contribution: Provided
15 further, That the Secretary of Agriculture may waive any
16 maximum grant amount otherwise applicable to grants
17 provided under this section: Provided further, That the
18 Secretary of Agriculture may use such amounts to provide
19 additional funding to ongoing grants provided under such
20 Program before the date of enactment of this Act.
21 SEC. 756. RESEARCH.

23 ury not otherwise appropriated, $20,000,000 for fiscal
24 year 2021 and each fiscal year thereafter for the Agricul-
25 tural Research Service to address gaps in nutrition re-
December 21, 2020 (9:35 a.m.)

440
1 search at the critical intersections of responsive agri-
2 culture, quality food production, and human nutrition and
3 health.
4 CHAPTER 2—SUPPORT FOR DAIRY,
5 LIVESTOCK, AND FARM STRESS
7 In this chapter:
8 (1) The term ‘‘COVID–19’’ means the disease
9 caused by SARS–CoV–2, or any viral strain mutat-
10 ing therefrom with pandemic potential.
11 (2) The term ‘‘COVID–19 public health emer-
12 gency’’ means the public health emergency declared
13 by the Secretary of Health and Human Services
14 under section 319 of the Public Health Service Act
15 (42 U.S.C. 247d) on January 31, 2020, with respect
16 to COVID–19 (or any renewal of that declaration).
17 (3) The term ‘‘Secretary’’ means the Secretary
18 of Agriculture.
19 SEC. 761. SUPPLEMENTAL DAIRY MARGIN COVERAGE PAY-
20 MENTS.
21 (a) IN GENERAL.—The Secretary shall provide sup-

22 plemental dairy margin coverage payments to partici-
23 pating eligible dairy operations described in subsection
24 (b)(1) whenever the average actual dairy production mar-
25 gin (as defined in section 1401 of the Agricultural Act
December 21, 2020 (9:35 a.m.)

441
1 of 2014 (7 U.S.C. 9051)) for a month is less than the
2 coverage level threshold selected by such eligible dairy op-
3 eration under section 1406 of that Act (7 U.S.C. 9056).
4 (b) ELIGIBLE DAIRY OPERATION DESCRIBED.—
5 (1) IN GENERAL.—An eligible dairy operation
6 described in this subsection is a dairy operation
7 that—
8 (A) is located in the United States; and
9 (B) during a calendar year in which such
10 dairy operation is a participating dairy oper-
11 ation (as defined in section 1401 of the Agricul-
12 tural Act of 2014 (7 U.S.C. 9051)), has a pro-
13 duction history established under the dairy
14 margin coverage program under section 1405 of
15 the Agricultural Act of 2014 (7 U.S.C. 9055)
16 of less than 5,000,000 pounds, as determined in
17 accordance with subsection (c) of such section
18 1405.
19 (2) LIMITATION ON ELIGIBILITY.—An eligible
20 dairy operation shall only be eligible for payments
21 under this section during a calendar year in which
22 such eligible dairy operation is enrolled in the dairy
23 margin coverage (as defined in section 1401 of the
24 Agricultural Act of 2014 (7 U.S.C. 9051)).
December 21, 2020 (9:35 a.m.)

442
1 (c) SUPPLEMENTAL PRODUCTION HISTORY CAL-
2 CULATION.—
3 (1) IN GENERAL.—For purposes of determining

4 the supplemental production history of an eligible
5 dairy operation under this section, such dairy oper-
6 ation’s supplemental production history shall be
7 equal to 75 percent of the amount described in para-
8 graph (2) with respect to such dairy operation.
9 (2) AMOUNT.—The amount referred to in para-
10 graph (1) is, with respect to an eligible dairy oper-
11 ation, the amount equal to—
12 (A) the production volume of such dairy
13 operation for the 2019 milk marketing year;
14 minus
15 (B) the dairy margin coverage production
16 history of such dairy operation established
17 under section 1405 of the Agricultural Act of
18 2014 (7 U.S.C. 9055).
19 (d) COVERAGE PERCENTAGE.—
20 (1) IN GENERAL.—For purposes of calculating
21 payments to be issued under this section during a
22 calendar year, an eligible dairy operation’s coverage
23 percentage shall be equal to the coverage percentage
24 selected by such eligible dairy operation with respect
December 21, 2020 (9:35 a.m.)

443
1 to such calendar year under section 1406 of the Ag-
2 ricultural Act of 2014 (7 U.S.C. 9056).
3 (2) 5 MILLION POUND LIMITATION.—
4 (A) IN GENERAL.—The Secretary shall not

5 provide supplemental dairy margin coverage on
6 an eligible dairy operation’s actual production
7 for a calendar year such that the total covered
8 production history of such dairy operation ex-
9 ceeds 5,000,000 pounds.
10 (B) DETERMINATION OF AMOUNT.—In cal-
11 culating the total covered production history of
12 an eligible dairy operation under subparagraph
13 (A), the Secretary shall multiply the coverage
14 percentage selected by such operation under
15 section 1406 of the Agricultural Act of 2014 (7
16 U.S.C. 9056) by the sum of—
17 (i) the supplemental production his-
18 tory calculated under subsection (c) with
19 respect to such dairy operation; and
20 (ii) the dairy margin coverage produc-
21 tion history described in subsection
22 (c)(2)(B) with respect to such dairy oper-
23 ation.
December 21, 2020 (9:35 a.m.)

444
1 (e) PREMIUM COST.—The premium cost for an eligi-
2 ble dairy operation under this section for a calendar year
3 shall be equal to the product of multiplying—
4 (1) the Tier I premium cost calculated with re-
5 spect to such dairy operation for such year under
6 section 1407(b) of the Agricultural Act of 2014 (7
7 U.S.C. 9057(b)); by
8 (2) the supplemental production history with re-
9 spect to such dairy operation calculated under sub-
10 section (c) (such that total covered production his-
11 tory does not exceed 5,000,000 pounds).
12 (f) REGULATIONS.—Not later than 45 days after the
13 date of the enactment of this section, the Secretary shall
14 issue regulations to carry out this section.
15 (g) PROHIBITION WITH RESPECT TO DAIRY MARGIN
16 COVERAGE ENROLLMENT.—
17 (1) IN GENERAL.—The Secretary may not re-
18 open or otherwise provide a special enrollment for
19 dairy margin coverage (as defined in section 1401 of
20 the Agricultural Act of 2014 (7 U.S.C. 9051)) for
21 purposes of establishing eligibility for supplemental
22 dairy margin coverage payments under this section.
23 (2) CLARIFICATION WITH RESPECT TO SUPPLE-
24 MENTAL DAIRY MARGIN COVERAGE PAYMENTS.—The
December 21, 2020 (9:35 a.m.)

445
1 Secretary may open a special enrollment for supple-
2 mental dairy margin coverage under this section.
3 (h) APPLICATION FOR CALENDAR YEAR 2021.—The
4 Secretary shall make payments under this section to eligi-
5 ble dairy operations described in subsection (b)(1) for
6 months after and including January, 2021.
7 (i) SUNSET.—The authority to make payments under
8 this section shall terminate on December 31, 2023.
9 (j) FUNDING.—There is appropriated, out of any
10 funds in the Treasury not otherwise appropriated, to carry
11 out this section such sums as necessary, to remain avail-
12 able until the date specified in subsection (i).
13 SEC. 762. DAIRY DONATION PROGRAM.

15 (1) ELIGIBLE DAIRY ORGANIZATION.—The term
16 ‘‘eligible dairy organization’’ has the meaning given
17 the term in section 1431(a) of the Agricultural Act
18 of 2014 (7 U.S.C. 9071(a)).
19 (2) ELIGIBLE DAIRY PRODUCT.—The term ‘‘eli-
20 gible dairy product’’ means a product primarily
21 made from milk, including fluid milk, that is pro-
22 duced and processed in the United States.
23 (3) ELIGIBLE DISTRIBUTOR.—The term ‘‘eligi-
24 ble distributor’’ means a public or private nonprofit
December 21, 2020 (9:35 a.m.)

446
1 organization that distributes donated eligible dairy
2 products to recipient individuals and families.
3 (4) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
4 ble partnership’’ means a partnership between an el-
5 igible dairy organization and an eligible distributor.
6 (b) ESTABLISHMENT AND PURPOSES.—Not later
7 than 60 days after the date of enactment of this Act, the
8 Secretary shall establish and administer a dairy donation
9 program for the purposes of—
10 (1) facilitating the timely donation of eligible
11 dairy products; and
12 (2) preventing and minimizing food waste.
13 (c) DONATION AND DISTRIBUTION PLANS.—
14 (1) IN GENERAL.—To be eligible to receive re-
15 imbursement under subsection (d), an eligible part-
16 nership shall submit to the Secretary a donation and
17 distribution plan that describes the process that the
18 eligible partnership will use for the donation, proc-
19 essing, transportation, temporary storage, and dis-
20 tribution of eligible dairy products.
21 (2) REVIEW AND APPROVAL.—
22 (A) IN GENERAL.—Not later than 15 busi-

23 ness days after receiving a plan described in
25 (i) review that plan; and
December 21, 2020 (9:35 a.m.)

447
1 (ii) issue an approval or disapproval
2 of that plan.
3 (B) EMERGENCY AND DISASTER-RELATED
4 PRIORITIZATION.—
5 (i) IN GENERAL.—In receiving and re-

6 viewing a donation and distribution plan
7 submitted under paragraph (1), the Sec-
8 retary shall determine whether an emer-
9 gency or disaster was a substantial factor
10 in the submission, including—
11 (I) a declared or renewed public
12 health emergency under section 319
13 of the Public Health Service Act (42
14 U.S.C. 247d); and
15 (II) a disaster designated by the
16 Secretary.
17 (ii) PRIORITY REVIEW.—On making
18 an affirmative determination under clause
19 (i) with respect to a donation and distribu-
20 tion plan submitted under paragraph (1),
21 the Secretary shall give priority to the ap-
22 proval or disapproval of that plan.
23 (d) REIMBURSEMENT.—
24 (1) IN GENERAL.—On receipt of appropriate
25 documentation under paragraph (3), the Secretary
December 21, 2020 (9:35 a.m.)

448
1 shall reimburse an eligible dairy organization that is
2 a member of an eligible partnership for which the
3 Secretary has approved a donation and distribution
4 plan under subsection (c)(2)(A)(ii) at a rate equal to
5 the product obtained by multiplying—
6 (A) the current reimbursement price de-
7 scribed in paragraph (2); and
8 (B) the volume of milk required to make
9 the donated eligible dairy product.
10 (2) REIMBURSEMENT PRICE.—The Secretary—
11 (A) shall set the reimbursement price re-
12 ferred to in paragraph (1)(A) at a value that
13 shall—
14 (i) be representative of the cost of the
15 milk required to make the donated eligible
16 dairy product;
17 (ii) be between the lowest and highest
18 of the class I, II, III, or IV milk prices on
19 the date of the production of the eligible
20 dairy product;
21 (iii) be sufficient to avoid food waste;
22 and
23 (iv) not interfere with the commercial
24 marketing of milk or dairy products;
December 21, 2020 (9:35 a.m.)

449
1 (B) may set appropriate reimbursement
2 prices under subparagraph (A) for different eli-
3 gible dairy products by class and region for the
4 purpose of—
5 (i) encouraging the donation of sur-
6 plus eligible dairy products;
7 (ii) facilitating the orderly marketing
8 of milk;
9 (iii) reducing volatility relating to sig-
10 nificant market disruptions;
11 (iv) maintaining traditional price rela-
12 tionships between classes of milk; or
13 (v) stabilizing on-farm milk prices.
14 (3) DOCUMENTATION.—
15 (A) IN GENERAL.—An eligible dairy orga-
16 nization shall submit to the Secretary such doc-
17 umentation as the Secretary may require to
18 demonstrate—
19 (i) the production of the eligible dairy
20 product; and
21 (ii) the donation of the eligible dairy
22 product to an eligible distributor.
23 (B) VERIFICATION.—The Secretary may
24 verify the accuracy of documentation submitted
25 under subparagraph (A).
December 21, 2020 (9:35 a.m.)

450
1 (4) RETROACTIVE REIMBURSEMENT.—In pro-
2 viding reimbursements under paragraph (1), the
3 Secretary may provide reimbursements for eligible
4 dairy product costs incurred before the date on
5 which the donation and distribution plan for the ap-
6 plicable participating partnership was approved by
7 the Secretary under subsection (c)(2)(A)(ii).
8 (5) EMERGENCY AND DISASTER-RELATED
9 PRIORITIZATION.—In providing reimbursements

10 under paragraph (1), the Secretary shall give pri-
11 ority to reimbursements to eligible dairy organiza-
12 tions covered by a donation and distribution plan for
13 which the Secretary makes an affirmative deter-
14 mination under subsection (c)(2)(B)(i).
15 (e) PROHIBITION ON RESALE OF PRODUCTS.—
16 (1) IN GENERAL.—An eligible distributor that
17 receives eligible dairy products donated under this
18 section may not sell the eligible dairy products into
19 commercial markets.
20 (2) PROHIBITION ON FUTURE PARTICIPA-
21 TION.—An eligible distributor that the Secretary de-

22 termines has violated paragraph (1) shall not be eli-
23 gible for any future participation in the program es-
24 tablished under this section.
December 21, 2020 (9:35 a.m.)

451
1 (f) REVIEWS.—The Secretary shall conduct appro-
2 priate reviews or audits to ensure the integrity of the pro-
3 gram established under this section.
4 (g) PUBLICATION OF DONATION ACTIVITY.—The
5 Secretary, acting through the Administrator of the Agri-
6 cultural Marketing Service, shall publish on the publicly
7 accessible website of the Agricultural Marketing Service
8 periodic reports describing donation activity under this
9 section.
10 (h) SUPPLEMENTAL REIMBURSEMENTS.—
11 (1) IN GENERAL.—The Secretary shall make a
12 supplemental reimbursement to an eligible dairy or-
13 ganization that received a reimbursement under the
14 milk donation program established under section
15 1431 of the Agricultural Act of 2014 (7 U.S.C.
16 9071) during the period beginning on January 1,
17 2020, and ending on the date on which amounts
18 made available under subsection (i) are no longer
19 available.
20 (2) REIMBURSEMENT CALCULATION.—A sup-
21 plemental reimbursement described in paragraph (1)
22 shall be an amount equal to—
23 (A) the reimbursement calculated under
24 subsection (d); minus
December 21, 2020 (9:35 a.m.)

452
1 (B) the reimbursement under the milk do-
2 nation program described in paragraph (1).
3 (i) FUNDING.—Out of any amounts of the Treasury
4 not otherwise appropriated, there is appropriated to the
5 Secretary to carry out this section $400,000,000, to re-
7 SEC. 763. ESTABLISHMENT OF TRUST FOR BENEFIT OF UN-
8 PAID CASH SELLERS OF LIVESTOCK.
9 The Packers and Stockyards Act, 1921, is amended

10 by inserting after section 317 (7 U.S.C. 217a) the fol-
11 lowing new section:
12 ‘‘SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER.
13 ‘‘(a) ESTABLISHMENT.—
14 ‘‘(1) IN GENERAL.—All livestock purchased by
15 a dealer in cash sales and all inventories of, or re-
16 ceivables or proceeds from, such livestock shall be
17 held by such dealer in trust for the benefit of all un-
18 paid cash sellers of such livestock until full payment
19 has been received by such unpaid cash sellers.
20 ‘‘(2) EXEMPTION.—Any dealer whose average
21 annual purchases of livestock do not exceed
22 $100,000 shall be exempt from the provisions of this
23 section.
24 ‘‘(3) EFFECT OF DISHONORED INSTRU-
25 MENTS.—For purposes of determining full payment
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453
1 under paragraph (1), a payment to an unpaid cash
2 seller shall not be considered to have been made if
3 the unpaid cash seller receives a payment instrument
4 that is dishonored.
5 ‘‘(b) PRESERVATION OF TRUST.—An unpaid cash
6 seller shall lose the benefit of a trust under subsection (a)
7 if the unpaid cash seller has not preserved the trust by
8 giving written notice to the dealer involved and filing such
9 notice with the Secretary—
10 ‘‘(1) within 30 days of the final date for mak-
11 ing a payment under section 409 in the event that
12 a payment instrument has not been received; or
13 ‘‘(2) within 15 business days after the date on
14 which the seller receives notice that the payment in-
15 strument promptly presented for payment has been
16 dishonored.
17 ‘‘(c) NOTICE TO LIEN HOLDERS.—When a dealer re-
18 ceives notice under subsection (b) of the unpaid cash sell-
19 er’s intent to preserve the benefits of the trust, the dealer
20 shall, within 15 business days, give notice to all persons
21 who have recorded a security interest in, or lien on, the
22 livestock held in such trust.
23 ‘‘(d) CASH SALES DEFINED.—For the purpose of
24 this section, a cash sale means a sale in which the seller
25 does not expressly extend credit to the buyer.
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454
1 ‘‘(e) PURCHASE OF LIVESTOCK SUBJECT TO
2 TRUST.—
3 ‘‘(1) IN GENERAL.—A person purchasing live-
4 stock subject to a dealer trust shall receive good title
5 to the livestock if the person receives the livestock—
6 ‘‘(A) in exchange for payment of new
7 value; and
8 ‘‘(B) in good faith without notice that the
9 transfer is a breach of trust.
10 ‘‘(2) DISHONORED PAYMENT INSTRUMENT.—
11 Payment shall not be considered to have been made

12 if a payment instrument given in exchange for the
13 livestock is dishonored.
14 ‘‘(3) TRANSFER IN SATISFACTION OF ANTE-
15 CEDENT DEBT.—A transfer of livestock subject to a

16 dealer trust is not for value if the transfer is in sat-
17 isfaction of an antecedent debt or to a secured party
18 pursuant to a security agreement.
19 ‘‘(f) ENFORCEMENT.—Whenever the Secretary has
20 reason to believe that a dealer subject to this section has
21 failed to perform the duties required by this section or
22 whenever the Secretary has reason to believe that it will
23 be in the best interest of unpaid cash sellers, the Secretary
24 shall do one or more of the following—
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455
1 ‘‘(1) appoint an independent trustee to carry
2 out the duties required by this section, preserve
3 trust assets, and enforce the trust;
4 ‘‘(2) serve as independent trustee, preserve
5 trust assets, and enforce the trust; or
6 ‘‘(3) file suit in the United States district court
7 for the district in which the dealer resides to enjoin
8 the dealer’s failure to perform the duties required by
9 this section, preserve trust assets, and to enforce the
10 trust. Attorneys employed by the Secretary may,
11 with the approval of the Attorney General, represent
12 the Secretary in any such suit. Nothing herein shall
13 preclude unpaid sellers from filing suit to preserve
14 or enforce the trust.’’.
15 SEC. 764. GRANTS FOR IMPROVEMENTS TO MEAT AND
16 POULTRY FACILITIES TO ALLOW FOR INTER-
17 STATE SHIPMENT.
18 (a) IN GENERAL.—The Secretary shall make grants

19 to meat and poultry slaughter and processing facilities de-
20 scribed in subsection (b) (including such facilities oper-
21 ating under State inspection or such facilities that are ex-
22 empt from Federal inspection) to assist such facilities with
23 respect to costs incurred in making improvements to such
24 facilities and carrying out other planning activities nec-
25 essary—
December 21, 2020 (9:35 a.m.)

456
1 (1) to obtain a Federal grant of inspection
2 under the Federal Meat Inspection Act (21 U.S.C.
3 601 et seq.) or the Poultry Products Inspection Act
4 (21 U.S.C. 451 et seq.), as applicable; or
5 (2) to operate as a State-inspected facility that
6 is compliant with—
7 (A) the Federal Meat Inspection Act (21
8 U.S.C. 601 et seq.) under the cooperative inter-
9 state shipment program established under sec-
10 tion 501 of that Act (21 U.S.C. 683); or
11 (B) the Poultry Products Inspection Act
12 (21 U.S.C. 451 et seq.) under the cooperative
13 interstate shipment program established under
14 section 31 of that Act (21 U.S.C. 472).
15 (b) ELIGIBLE FACILITIES.—To be eligible for a grant
16 under this section, a meat or poultry slaughter or proc-
17 essing facility shall be—
18 (1) in operation as of the date on which the fa-
19 cility submits to the Secretary an application for the
20 grant; and
21 (2) seeking—
22 (A) to obtain a Federal grant of inspection
23 described in subsection (a)(1); or
24 (B) to be eligible for inspection under a co-
25 operative interstate shipment program described
December 21, 2020 (9:35 a.m.)

457
1 in subparagraph (A) or (B), as applicable, of
2 subsection (a)(2), in a State that participates in
3 that program.
4 (c) ELIGIBLE ACTIVITIES.—A facility that receives a
5 grant under this section may use the grant amount for—
6 (1) the modernization or expansion of existing
7 facilities;
8 (2) the modernization of equipment;
9 (3) compliance with packaging and labeling re-
10 quirements under applicable law;
11 (4) compliance with safety requirements under
12 applicable law;
13 (5) the development of processes to ensure food
14 safety; and
15 (6) such other purposes as the Secretary deter-
16 mines to be appropriate.
17 (d) GRANT REQUIREMENTS.—
18 (1) AMOUNT.—The amount of a grant under
19 this section shall not exceed $200,000.
20 (2) CONDITION.—As a condition of receiving a
21 grant under this section, a grant recipient shall
22 agree that the grant recipient shall make a payment
23 (or payments) to the Secretary in an amount equal
24 to the amount of the grant if the recipient, within
25 36 months of receiving such grant—
December 21, 2020 (9:35 a.m.)

458
1 (A) as applicable—
2 (i) is not subject to inspection under
3 the Federal Meat Inspection Act (21
4 U.S.C. 601 et seq.) or the Poultry Prod-
5 ucts Inspection Act (21 U.S.C. 451 et
6 seq.), as applicable; or
7 (ii) is not eligible for inspection under
8 a cooperative interstate shipment program
9 described in subparagraph (A) or (B), as
10 applicable, of subsection (a)(2); or
11 (B) is not making a good faith effort to be
12 subject to such inspection or to be eligible
13 under such a cooperative interstate shipment
14 program, as applicable.
15 (3) MATCHING FUNDS.—
16 (A) IN GENERAL.—The Secretary shall re-

17 quire a recipient of a grant under this section
18 to provide matching non-Federal funds in an
19 amount equal to the amount of the grant.
20 (B) EXCEPTION.—The Secretary shall not
21 require any recipient of a grant under this sec-
22 tion to provide matching funds with respect to
23 a grant awarded in fiscal year 2021.
24 (e) REPORTS.—
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459
1 (1) REPORTS ON GRANTS MADE.—Beginning
2 not later than 1 year after the date on which the

3 first grant is awarded under this section, and con-
4 tinuing annually thereafter through the year that is
5 10 years after the date on which the final grant is
6 awarded under this section, the Secretary shall sub-
7 mit to the Committee on Agriculture and the Com-
8 mittee on Appropriations of the House of Represent-
9 atives and the Committee on Agriculture, Nutrition,
10 and Forestry and the Committee on Appropriations
11 of the Senate a report on grants made under this
12 section, including—
13 (A) any facilities that used a grant award-
14 ed under this section to carry out eligible activi-
15 ties described in subsection (c) during the year
16 covered by the report; and
17 (B) the operational status of facilities that
18 were awarded grants under this section.
19 (2) REPORT ON THE COOPERATIVE INTERSTATE
20 SHIPMENT PROGRAM.—Beginning not later than 1

21 year after the date of the enactment of this section,
22 the Secretary shall submit to the Committee on Ag-
23 riculture and the Committee on Appropriations of
24 the House of Representatives and the Committee on
25 Agriculture, Nutrition, and Forestry and the Com-
December 21, 2020 (9:35 a.m.)

460
1 mittee on Appropriations of the Senate a report de-
2 scribing any recommendations, developed in con-
3 sultation with all States, for possible improvements
4 to the cooperative interstate shipment programs
5 under section 501 of the Federal Meat Inspection
6 Act (21 U.S.C. 683) and section 31 of the Poultry
7 Products Inspection Act (21 U.S.C. 472).
8 (f) FUNDING.—Of the funds of the Treasury not oth-
9 erwise appropriated, there is appropriated to carry out
10 this section $60,000,000 for the period of fiscal years
11 2021 through 2023, to remain available until expended.
12 SEC. 765. MEAT AND POULTRY PROCESSING STUDY AND
13 REPORT.
14 (a) STUDY AND REPORT ON FINANCIAL ASSISTANCE

15 AVAILABILITY.—
16 (1) STUDY REQUIRED.—The Secretary shall
17 conduct a study on the availability and effectiveness
18 of—
19 (A) Federal loan programs, Federal loan
20 guarantee programs, and grant programs for
21 which—
22 (i) facilities that slaughter or other-
23 wise process meat and poultry in the
24 United States, which are in operation and
25 subject to inspection under the Federal
December 21, 2020 (9:35 a.m.)

461
1 Meat Inspection Act (21 U.S.C. 601 et
2 seq.) or the Poultry Products Inspection
3 Act (21 U.S.C. 451 et seq.), as of the date
4 of the enactment of this section, and
5 (ii) entities seeking to establish such a
6 facility in the United States,
7 may be eligible; and
8 (B) Federal grant programs intended to
9 support—
10 (i) business activities relating to in-
11 creasing the slaughter or processing capac-
12 ity in the United States; and
13 (ii) feasibility or marketing studies on
14 the practicality and viability of specific new
15 or expanded projects to support additional
16 slaughter or processing capacity in the
17 United States.
18 (2) REPORT TO CONGRESS.—Not later than 60
19 days after the date of the enactment of this section,
20 the Secretary, in consultation with applicable Fed-
21 eral agencies, shall submit a report to the Com-
22 mittee on Agriculture of the House of Representa-
23 tives and the Committee on Agriculture, Nutrition,
24 and Forestry of the Senate that includes the results
25 of the study required under paragraph (1).
December 21, 2020 (9:35 a.m.)

462
1 (3) PUBLICATION.—Not later than 90 days
2 after the date of the enactment of this section, the
3 Secretary shall make publicly available on the
4 website of the Food Safety and Inspection Service of
5 the Department of Agriculture a list of each loan
6 program, loan guarantee program, and grant pro-
7 gram identified under paragraph (1).
8 (b) FUNDING.—There is appropriated, out of the
9 funds of the Treasury not otherwise appropriated,
10 $2,000,000 to carry out this section.
11 SEC. 766. SUPPORT FOR FARM STRESS PROGRAMS.
12 (a) IN GENERAL.—The Secretary shall make grants

13 to State departments of agriculture (or such equivalent
14 department) to expand or sustain stress assistance pro-
15 grams for individuals who are engaged in farming, ranch-
16 ing, and other agriculture-related occupations, including—
17 (1) programs that meet the criteria specified in
18 section 7522(b)(1) of the Food, Conservation, and
19 Energy Act of 2008 (7 U.S.C. 5936(b)(1)); and
20 (2) any State initiatives carried out as of the
21 date of the enactment of this Act that provide stress
22 assistance for such individuals.
23 (b) GRANT TIMING AND AMOUNT.—In making grants
24 under subsection (a), not later than 60 days after the date
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463
1 of the enactment of this Act and subject to subsection (c),
2 the Secretary shall—
3 (1) make awards to States submitting State
4 plans that meet the criteria specified in paragraph
5 (1) of such subsection within the time period speci-
6 fied by the Secretary; and
7 (2) of the amounts made available under sub-
8 section (f), allocate among such States, an amount
9 to be determined by the Secretary, which in no case
10 may exceed $500,000 for each State.
11 (c) STATE PLAN.—
12 (1) IN GENERAL.—A State department of agri-
13 culture seeking a grant under subsection (a) shall
14 submit to the Secretary a State plan to expand or
15 sustain stress assistance programs described in that
16 subsection that includes—
17 (A) a description of each activity and the
18 estimated amount of funding to support each
19 program and activity carried out through such
20 a program;
21 (B) an estimated timeline for the operation
22 of each such program and activity;
23 (C) the total amount of funding sought;
24 and
December 21, 2020 (9:35 a.m.)

464
1 (D) an assurance that the State depart-
2 ment of agriculture will comply with the report-
3 ing requirement under subsection (e).
4 (2) GUIDANCE.—Not later than 20 days after
5 the date of the enactment of this Act, the Secretary
6 shall issue guidance for States with respect to the
7 submission of a State plan under paragraph (1) and
8 the allocation criteria under subsection (b).
9 (3) REALLOCATION.—If, after the first grants
10 are awarded pursuant to allocation under subsection
11 (b), any funds made available under subsection (f)
12 to carry out this subsection remain unobligated, the
13 Secretary shall—
14 (A) inform States that submit plans as de-
15 scribed in subsection (b), of such availability;
16 and
17 (B) reallocate such funds among such
18 States, as the Secretary determines to be ap-
19 propriate and equitable.
20 (d) COLLABORATION.—The Secretary may issue
21 guidance to encourage State departments of agriculture
22 to use funds provided under this section to support pro-
23 grams described in subsection (a) that are operated by—
December 21, 2020 (9:35 a.m.)

465
1 (1) Indian tribes (as defined in section 4 of the
2 Indian Self-Determination and Education Assistance
3 Act (25 U.S.C. 5304));
4 (2) State cooperative extension services; and
5 (3) nongovernmental organizations.
6 (e) REPORTING.—Not later than 180 days after the
7 COVID–19 public health emergency ends, each State re-
8 ceiving additional grants under subsection (b) shall submit
9 a report to the Secretary describing—
10 (1) the activities conducted using such funds;
11 (2) the amount of funds used to support each
12 such activity; and
13 (3) the estimated number of individuals served
14 by each such activity.
15 (f) FUNDING.—Out of the funds of the Treasury not
16 otherwise appropriated, there is appropriated to carry out
17 this section $28,000,000, to remain available until ex-
18 pended.
19 (g) STATE DEFINED.—In this section, the term
20 ‘‘State’’ means—
21 (1) a State;
22 (2) the District of Columbia;
23 (3) the Commonwealth of Puerto Rico; and
24 (4) any other territory or possession of the
25 United States.
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466
1 TITLE VIII—UNITED STATES
2 POSTAL SERVICE
3 SEC. 801. COVID–19 FUNDING FOR THE UNITED STATES
4 POSTAL SERVICE.
5 Section 6001 of the CARES Act (39 U.S.C. 101 note;

6 Public Law 116–136) is amended—
7 (1) in the section heading, by striking ‘‘BOR-
8 ROWING AUTHORITY’’ and inserting ‘‘FUNDING’’;
9 (2) by redesignating subsection (c) as sub-
10 section (d); and
11 (3) by inserting after subsection (b) the fol-
12 lowing:
13 ‘‘(c) NO REPAYMENT REQUIRED.—Notwithstanding
14 any other provision of law, including subsection (b) of this
15 section, or any agreement entered into between the Sec-
16 retary of the Treasury and the Postal Service under that
17 subsection, the Postal Service shall not be required to
18 repay the amounts borrowed under that subsection.’’.
19 SEC. 802. TEMPORARY ACCEPTANCE OF CERTAIN LOW-RISK
20 POSTAL SHIPMENTS.
21 Section 343(a)(3)(K)(vii) of the Trade Act of 2002

22 (19 U.S.C. 1415(a)(3)(K)(vii)) is amended—
23 (1) in subclause (I), by striking ‘‘subclause
24 (II)’’ and inserting ‘‘subclause (II) or (III)’’; and
December 21, 2020 (9:35 a.m.)

467
1 ‘‘(III) Notwithstanding subclause (I), dur-
2 ing the period beginning on January 1, 2021,
3 through March 15, 2021, the Postmaster Gen-
4 eral may accept a shipment without trans-
5 mission of the information described in para-
6 graphs (1) and (2) if the Commissioner deter-
7 mines, or concurs with the determination of the
8 Postmaster General, that the shipment presents
9 a low risk of violating any relevant United
10 States statutes or regulations, including stat-
11 utes or regulations relating to the importation
12 of controlled substances such as fentanyl and
13 other synthetic opioids.’’.
14 TITLE IX—BROADBAND
15 INTERNET ACCESS SERVICE
16 SEC. 901. AMENDMENTS TO THE SECURE AND TRUSTED
17 COMMUNICATIONS NETWORK REIMBURSE-
18 MENT PROGRAM.
19 The Secure and Trusted Communications Networks

20 Act of 2019 (47 U.S.C. 1601 et seq.) is amended—
21 (1) in section 4 (47 U.S.C. 1603)—
22 (A) in subsection (b)(1), by striking
23 ‘‘2,000,000’’ and inserting ‘‘10,000,000’’;
24 (B) in subsection (c)—
25 (i) in paragraph (1)(A)—
December 21, 2020 (9:35 a.m.)

468
1 (I) in the matter preceding clause
2 (i), by striking ‘‘before’’;
3 (II) by amending clause (i) to
4 read as follows:
5 ‘‘(i) as defined in the Report and
6 Order of the Commission in the matter of
7 Protecting Against National Security
8 Threats to the Communications Supply
9 Chain Through FCC Programs (FCC 19–
10 121; WC Docket No. 18–89; adopted No-
11 vember 22, 2019) (in this section referred
12 to as the ‘Report and Order’); or’’; and
13 (III) by amending clause (ii) to
14 read as follows:
15 ‘‘(ii) as determined to be covered by
16 both the process of the Report and Order
17 and the Designation Orders of the Com-
18 mission on June 30, 2020 (DA 20–690;
19 PS Docket No. 19–351; adopted June 30,
20 2020) (DA 20–691; PS Docket No. 19–
21 352; adopted June 30, 2020) (in this sec-
22 tion collectively referred to as the ‘Des-
23 ignation Orders’);’’; and
24 (ii) in paragraph (2)(A), by amending
25 clauses (i) and (ii) to read as follows:
December 21, 2020 (9:35 a.m.)

469
1 ‘‘(i) publication of the Report and
2 Order; or
3 ‘‘(ii) in the case of covered commu-
4 nications equipment that only became cov-
5 ered pursuant to the Designation Orders,
6 June 30, 2020; or’’;
7 (C) in subsection (d)(5)—
9 ‘‘The Commission’’ and inserting ‘‘Subject
10 to subparagraph (C), the Commission’’;
11 and
12 (ii) by adding at the end the fol-
13 lowing:
14 ‘‘(C) PRIORITY FOR ALLOCATION.—On and
15 after the date of enactment of this subpara-
16 graph, the Commission shall allocate sufficient
17 reimbursement funds—
18 ‘‘(i) first, to approved applicants that
19 have 2,000,000 or fewer customers, for re-
20 moval and replacement of covered commu-
21 nications equipment, as defined in section
22 9 or as designated by the process set forth
23 in the Report and Order;
24 ‘‘(ii) after funds have been allocated
25 to all applicants described in clause (i), to
December 21, 2020 (9:35 a.m.)

470
1 approved applicants that are accredited
2 public or private non-commercial edu-
3 cational institutions providing their own
4 facilities-based educational broadband serv-
5 ice, as defined in section 27.4 of title 47,
6 Code of Federal Regulations, or any suc-
7 cessor regulation, for removal and replace-
8 ment of covered communications equip-
9 ment, as defined in section 9 or as des-
10 ignated by the process set forth in the Re-
11 port and Order; and
12 ‘‘(iii) after funds have been allocated
13 to all applicants described in clause (ii), to
14 any remaining approved applicants deter-
15 mined to be eligible for reimbursement
16 under the Program.’’; and
17 (D) by adding at the end the following:
18 ‘‘(k) LIMITATION.—In carrying out this section, the
19 Commission may not expend more than $1,900,000,000.’’;
20 and
21 (2) in section 9 (47 U.S.C. 1608), by amending
22 paragraph (10) to read as follows:
23 ‘‘(10) PROVIDER OF ADVANCED COMMUNICA-
24 TIONS SERVICE.—The term ‘provider of advanced

25 communications service’—
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471
1 ‘‘(A) means a person who provides ad-
2 vanced communications service to United States
3 customers; and
4 ‘‘(B) includes—
5 ‘‘(i) accredited public or private non-
6 commercial educational institutions, pro-
7 viding their own facilities-based edu-
8 cational broadband service, as defined in
9 section 27.4 of title 47, Code of Federal
10 Regulations, or any successor regulation;
11 and
12 ‘‘(ii) health care providers and librar-
13 ies providing advanced communications
14 service.’’.
15 SEC. 902. CONNECTING MINORITY COMMUNITIES.

17 (1) ANCHOR COMMUNITY.—
18 (A) IN GENERAL.—The term ‘‘anchor com-

19 munity’’ means any area that—
20 (i) except as provided in subparagraph
21 (B), is not more than 15 miles from a his-
22 torically Black college or university, a
23 Tribal College or University, or a Minority-
24 serving institution; and
December 21, 2020 (9:35 a.m.)

472
1 (ii) has an estimated median annual
2 household income of not more than 250
3 percent of the poverty line, as that term is
4 defined in section 673(2) of the Commu-
5 nity Services Block Grant Act (42 U.S.C.
6 9902(2)).
7 (B) CERTAIN TRIBAL COLLEGES OR UNI-
8 VERSITIES.—With respect to a Tribal College or

9 University that is located on land held in trust
10 by the United States, the Assistant Secretary,
11 in consultation with the Secretary of the Inte-
12 rior, may establish a different maximum dis-
13 tance for the purposes of subparagraph (A)(i) if
14 the Assistant Secretary is able to ensure that,
15 in establishing that different maximum dis-
16 tance, each anchor community that is estab-
17 lished as a result of that action is statistically
18 comparable to other anchor communities de-
19 scribed in subparagraph (A).
20 (2) ASSISTANT SECRETARY.—The term ‘‘Assist-
21 ant Secretary’’ means the Assistant Secretary of
22 Commerce for Communications and Information.
23 (3) BROADBAND INTERNET ACCESS SERVICE.—
24 The term ‘‘broadband internet access service’’ has

25 the meaning given the term in section 8.1(b) of title
December 21, 2020 (9:35 a.m.)

473
1 47, Code of Federal Regulations, or any successor
2 regulation.
3 (4) COMMISSION.—The term ‘‘Commission’’
4 means the Federal Communications Commission.
5 (5) CONNECTED DEVICE.—The term ‘‘con-
6 nected device’’ means a laptop computer, tablet com-
7 puter, or similar device that is capable of connecting
8 to broadband internet access service.
9 (6) DIRECTOR.—The term ‘‘Director’’ means
10 the Director of the Office.
11 (7) ELIGIBLE EQUIPMENT.—The term ‘‘eligible
12 equipment’’ means—
13 (A) a Wi-Fi hotspot;
14 (B) a modem;
15 (C) a router;
16 (D) a device that combines a modem and
17 router;
18 (E) a connected device; or
19 (F) any other equipment used to provide
20 access to broadband internet access service.
21 (8) ELIGIBLE RECIPIENT.—The term ‘‘eligible
22 recipient’’ means—
23 (A) a historically Black college or univer-
24 sity;
25 (B) a Tribal College or University;
December 21, 2020 (9:35 a.m.)

474
1 (C) a Minority-serving institution; or
2 (D) a consortium that is led by a histori-
3 cally Black college or university, a Tribal Col-
4 lege or University, or a Minority-serving institu-
5 tion and that also includes—
6 (i) a minority business enterprise; or
7 (ii) an organization described in sec-
8 tion 501(c)(3) of the Internal Revenue
9 Code of 1986 and exempt from tax under
10 section 501(a) of such Code.
11 (9) HISTORICALLY BLACK COLLEGE OR UNI-
12 VERSITY.—The term ‘‘historically Black college or

13 university’’ has the meaning given the term ‘‘part B
14 institution’’ in section 322 of the Higher Education
15 Act of 1965 (20 U.S.C. 1061).
16 (10) MINORITY-SERVING INSTITUTION.—The
17 term ‘‘Minority-serving institution’’ means any of

18 the following:
19 (A) An Alaska Native-serving institution,
20 as that term is defined in section 317(b) of the
21 Higher Education Act of 1965 (20 U.S.C.
22 1059d(b)).
23 (B) A Native Hawaiian-serving institution,
24 as that term is defined in section 317(b) of the
December 21, 2020 (9:35 a.m.)

475
2 1059d(b)).
3 (C) A Hispanic-serving institution, as that
4 term is defined in section 502(a) of the Higher
5 Education Act of 1965 (20 U.S.C. 1101a(a)).
6 (D) A Predominantly Black institution, as
7 that term is defined in section 371(c) of the
9 1067q(c)).
10 (E) An Asian American and Native Amer-
11 ican Pacific Islander-serving institution, as that
12 term is defined in section 320(b) of the Higher
13 Education Act of 1965 (20 U.S.C. 1059g(b)).
14 (F) A Native American-serving, nontribal
15 institution, as that term is defined in section
16 319(b) of the Higher Education Act of 1965
17 (20 U.S.C. 1059f(b)).
18 (11) MINORITY BUSINESS ENTERPRISE.—The
19 term ‘‘minority business enterprise’’ has the mean-

20 ing given the term in section 1400.2 of title 15,
21 Code of Federal Regulations, or any successor regu-
22 lation.
23 (12) OFFICE.—The term ‘‘Office’’ means the
24 Office of Minority Broadband Initiatives established
25 pursuant to subsection (b)(1).
December 21, 2020 (9:35 a.m.)

476
1 (13) PILOT PROGRAM.—The term ‘‘Pilot Pro-
2 gram’’ means the Connecting Minority Communities
3 Pilot Program established under the rules promul-
4 gated by the Assistant Secretary under subsection
5 (c)(1).
6 (14) TRIBAL COLLEGE OR UNIVERSITY.—The
7 term ‘‘Tribal College or University’’ has the meaning

8 given the term in section 316(b) of the Higher Edu-
9 cation Act of 1965 (20 U.S.C. 1059c(b)).
10 (15) WI-FI.—The term ‘‘Wi-Fi’’ means a wire-
11 less networking protocol based on Institute of Elec-
12 trical and Electronics Engineers standard 802.11, or
13 any successor standard.
14 (16) WI-FI HOTSPOT.—The term ‘‘Wi-Fi
15 hotspot’’ means a device that is capable of—
16 (A) receiving broadband internet access
17 service; and
18 (B) sharing broadband internet access
19 service with another device through the use of
20 Wi-Fi.
21 (b) OFFICE OF MINORITY BROADBAND INITIA-
22 TIVES.—
23 (1) ESTABLISHMENT.—Not later than 180 days

24 after the date of enactment of this Act, the Assist-
25 ant Secretary shall establish within the National
December 21, 2020 (9:35 a.m.)

477
1 Telecommunications and Information Administration
2 the Office of Minority Broadband Initiatives.
3 (2) DIRECTOR.—The Office shall be headed by
4 the Director of the Office of Minority Broadband
5 Initiatives, who shall be appointed by the Assistant
6 Secretary.
7 (3) DUTIES.—The Office, acting through the
8 Director, shall—
9 (A) collaborate with Federal agencies that
10 carry out broadband internet access service sup-
11 port programs to determine how to expand ac-
12 cess to broadband internet access service and
13 other digital opportunities in anchor commu-
14 nities;
15 (B) collaborate with State, local, and Trib-
16 al governments, historically Black colleges or
17 universities, Tribal Colleges or Universities, Mi-
18 nority-serving institutions, and stakeholders in
19 the communications, education, business, and
20 technology fields to—
21 (i) promote—
22 (I) initiatives relating to
23 broadband internet access service
24 connectivity for anchor communities;
25 and
December 21, 2020 (9:35 a.m.)

478
1 (II) digital opportunities for an-
2 chor communities;
3 (ii) develop recommendations to pro-
4 mote the rapid, expanded deployment of
5 broadband internet access service to
6 unserved historically Black colleges or uni-
7 versities, Tribal Colleges or Universities,
8 Minority-serving institutions, and anchor
9 communities, including to—
10 (I) students, faculty, and staff of
11 historically Black colleges or univer-
12 sities, Tribal Colleges or Universities,
13 and Minority-serving institutions; and
14 (II) senior citizens and veterans
15 who live in anchor communities;
16 (iii) promote activities that would ac-
17 celerate the adoption of broadband internet
18 access service (including any associated
19 equipment or personnel necessary to access
20 and use that service, such as modems,
21 routers, devices that combine a modem and
22 a router, Wi-Fi hotspots, and connected
23 devices)—
24 (I) by students, faculty, and staff
25 of historically Black colleges or uni-
December 21, 2020 (9:35 a.m.)

479
1 versities, Tribal Colleges or Univer-
2 sities, and Minority-serving institu-
3 tions; and
4 (II) within anchor communities;
5 (iv) upon request, provide assistance
6 to historically Black colleges or univer-
7 sities, Tribal Colleges or Universities, Mi-
8 nority-serving institutions, and leaders
9 from anchor communities with respect to
10 navigating Federal programs dealing with
11 broadband internet access service;
12 (v) promote digital literacy skills, in-
13 cluding by providing opportunities for vir-
14 tual or in-person digital literacy training
15 and education;
16 (vi) promote professional development
17 opportunity partnerships between industry
18 and historically Black colleges or univer-
19 sities, Tribal Colleges or Universities, and
20 Minority-serving institutions to help ensure
21 that information technology personnel and
22 students of historically Black colleges or
23 universities, Tribal Colleges or Univer-
24 sities, and Minority-serving institutions
25 have the skills needed to work with new
December 21, 2020 (9:35 a.m.)

480
1 and emerging technologies with respect to
2 broadband internet access service; and
3 (vii) explore how to leverage invest-
4 ment in infrastructure with respect to
5 broadband internet access service to—
6 (I) expand connectivity with re-
7 spect to that service in anchor com-
8 munities and by students, faculty, and
9 staff of historically Black colleges or
10 universities, Tribal Colleges or Uni-
11 versities, and Minority-serving institu-
12 tions;
13 (II) encourage investment in
14 communities that have been des-
15 ignated as qualified opportunity zones
16 under section 1400Z–1 of the Internal
17 Revenue Code of 1986; and
18 (III) serve as a catalyst for adop-
19 tion of that service, so as to promote
20 job growth and economic development
21 and deployment of advanced tech-
22 nologies; and
23 (C) assume any functions carried out
24 under the Minority Broadband Initiative of the
25 National Telecommunications and Information
December 21, 2020 (9:35 a.m.)

481
1 Administration, as of the day before the date of
3 (4) REPORTS.—
4 (A) IN GENERAL.—Not later than 1 year
5 after the date on which the Assistant Secretary
6 establishes the Office under paragraph (1), and
7 annually thereafter, the Assistant Secretary
8 shall submit to the Committee on Commerce,
9 Science, and Transportation of the Senate and
10 the Committee on Energy and Commerce of the
11 House of Representatives a report that—
12 (i) for the year covered by the report,
13 details the work of the Office in expanding
14 access to fixed and mobile broadband
15 internet access service—
16 (I) at historically Black colleges
17 or universities, Tribal Colleges or Uni-
19 tions, including by expanding that ac-
20 cess to students, faculty, and staff of
21 historically Black colleges or univer-
22 sities, Tribal Colleges or Universities,
23 and Minority-serving institutions; and
24 (II) within anchor communities;
25 and
December 21, 2020 (9:35 a.m.)

482
1 (ii) identifies barriers to providing ac-
2 cess to broadband internet access service—
3 (I) at historically Black colleges
6 tions, including to students, faculty,
7 and staff of historically Black colleges
10 tions; and
11 (II) within anchor communities.
12 (B) PUBLIC AVAILABILITY.—Not later
13 than 30 days after the date on which the As-
14 sistant Secretary submits a report under sub-
15 paragraph (A), the Assistant Secretary shall, to
16 the extent feasible, make that report publicly
17 available.
18 (c) CONNECTING MINORITY COMMUNITIES PILOT
19 PROGRAM.—
20 (1) RULES REQUIRED.—
21 (A) IN GENERAL.—Not later than 45 days

22 after the date of enactment of this Act, the As-
23 sistant Secretary shall promulgate rules estab-
24 lishing the Connecting Minority Communities
25 Pilot Program, the purpose of which shall be to
December 21, 2020 (9:35 a.m.)

483
1 provide grants to eligible recipients in anchor
2 communities for the purchase of broadband
3 internet access service or any eligible equip-
4 ment, or to hire and train information tech-
5 nology personnel—
6 (i) in the case of an eligible recipient
7 described in subparagraph (A), (B), or (C)
8 of subsection (a)(8), to facilitate edu-
9 cational instruction and learning, including
10 through remote instruction;
11 (ii) in the case of an eligible recipient
12 described in subsection (a)(8)(D)(i), to op-
13 erate the minority business enterprise; or
14 (iii) in the case of an eligible recipient
15 described in subsection (a)(8)(D)(ii), to op-
16 erate the organization.
17 (B) CONTENT.—The rules promulgated
18 under subparagraph (A) shall—
19 (i) establish a method for identifying
20 which eligible recipients in anchor commu-
21 nities have the greatest unmet financial
22 needs;
23 (ii) ensure that grants under the Pilot
24 Program are made—
December 21, 2020 (9:35 a.m.)

484
1 (I) to eligible recipients identified
2 under the method established under
3 clause (i); and
4 (II) in a manner that best
5 achieves the purposes of the Pilot
6 Program;
7 (iii) require that an eligible recipient
8 described in subparagraph (A), (B), or (C)
9 of subsection (a)(8) that receives a grant
10 to provide broadband internet access serv-
11 ice or eligible equipment to students
12 prioritizes students who—
13 (I) are eligible to receive a Fed-
14 eral Pell Grant under section 401 of
15 the Higher Education Act of 1965 (20
16 U.S.C. 1070a);
17 (II) are recipients of any other
18 need-based financial aid from the
19 Federal Government, a State, or that
20 eligible recipient;
21 (III) are qualifying low-income
22 consumers for the purposes of the
23 program carried out under subpart E
24 of part 54 of title 47, Code of Federal
December 21, 2020 (9:35 a.m.)

485
1 Regulations, or any successor regula-
2 tions;
3 (IV) are low-income individuals,
4 as that term is defined in section
5 312(g) of the Higher Education Act
6 of 1965 (20 U.S.C. 1058(g)); or
7 (V) have been approved to receive
8 unemployment insurance benefits
9 under any Federal or State law since
10 March 1, 2020;
11 (iv) provide that a recipient of a grant
12 under the Pilot Program—
13 (I) shall use eligible equipment
14 for a purpose that the recipient con-
15 siders to be appropriate, subject to
16 any restriction provided in those rules
17 (or any successor rules);
18 (II) if the recipient lends, or oth-
19 erwise provides, eligible equipment to
20 students or patrons, shall prioritize
21 lending or providing to such individ-
22 uals that the recipient believes do not
23 have access to that equipment, subject
24 to any restriction provided in those
25 rules (or any successor rules); and
December 21, 2020 (9:35 a.m.)

486
1 (III) may not sell or otherwise
2 transfer eligible equipment in ex-
3 change for any thing (including a
4 service) of value;
5 (v) include audit requirements that—
6 (I) ensure that a recipient of a
7 grant made under the Pilot Program
8 uses grant funds in compliance with
9 the requirements of this section and
10 the overall purpose of the Pilot Pro-
11 gram; and
12 (II) prevent waste, fraud, and
13 abuse in the operation of the Pilot
14 Program;
15 (vi) provide that not less than 40 per-
16 cent of the amount of the grants made
17 under the Pilot Program are made to His-
18 torically Black colleges or universities; and
19 (vii) provide that not less than 20 per-
20 cent of the amount of the grants made
21 under the Pilot Program are made to eligi-
22 ble recipients described in subparagraphs
23 (A), (B), and (C) of subsection (a)(8) to
24 provide broadband internet access service
December 21, 2020 (9:35 a.m.)

487
1 or eligible equipment to students of those
2 eligible recipients.
3 (2) FUND.—
4 (A) ESTABLISHMENT.—There is estab-
5 lished in the Treasury of the United States a
6 fund to be known as the Connecting Minority
7 Communities Fund.
8 (B) USE OF FUND.—Amounts in the Con-
9 necting Minority Communities Fund established
10 under subparagraph (A) shall be available to
11 the Assistant Secretary to provide support
12 under the rules promulgated under paragraph
13 (1).
14 (3) INTERAGENCY COORDINATION.—When mak-
15 ing grants under the Pilot Program, the Assistant
16 Secretary shall coordinate with other Federal agen-
17 cies, including the Commission, the National Science
18 Foundation, and the Department of Education, to
19 ensure the efficient expenditure of Federal funds, in-
20 cluding by preventing multiple expenditures of Fed-
21 eral funds for the same purpose.
22 (4) AUDITS.—
23 (A) IN GENERAL.—For each of fiscal years
24 2021 and 2022, the Inspector General of the
25 Department of Commerce shall conduct an
December 21, 2020 (9:35 a.m.)

488
1 audit of the Pilot Program according to the re-
2 quirements established under paragraph
3 (1)(B)(v).
4 (B) REPORT.—After completing each audit
5 conducted under subparagraph (A), the Inspec-
6 tor General of the Department of Commerce
7 shall submit to the Committee on Commerce,
10 House of Representatives a report that details
11 the findings of the audit.
12 (5) DIRECT APPROPRIATION.—There is appro-
13 priated, out of amounts in the Treasury not other-
14 wise appropriated, for the fiscal year ending Sep-
15 tember 30, 2021, to remain available until expended,
16 $285,000,000 to the Connecting Minority Commu-
17 nities Fund established under paragraph (2).
18 (6) TERMINATION.—Except with respect to the
19 report required under paragraph (7) and the author-
20 ity of the Secretary of Commerce and the Inspector
21 General of the Department of Commerce described
22 in paragraph (8), the Pilot Program, including all
23 reporting requirements under this section, shall ter-
24 minate on the date on which the amounts made
December 21, 2020 (9:35 a.m.)

489
1 available to carry out the Pilot Program are fully ex-
2 pended.
3 (7) REPORT.—Not later than 90 days after the
4 date on which the Pilot Program terminates under
5 paragraph (6), the Assistant Secretary, after con-
6 sulting with eligible recipients that received grants
7 under the Pilot Program, shall submit to the Com-
8 mittee on Commerce, Science, and Transportation of
9 the Senate and the Committee on Energy and Com-
10 merce of the House of Representatives a report
11 that—
12 (A) describes the manner in which the
13 Pilot Program was carried out;
14 (B) identifies each eligible recipient that
15 received a grant under the Pilot Program; and
16 (C) contains information regarding the ef-
17 fectiveness of the Pilot Program, including les-
18 sons learned in carrying out the Pilot Program
19 and recommendations for future action.
20 (8) SAVINGS PROVISION.—The termination of
21 the Pilot Program under paragraph (6) shall not
22 limit, alter, or affect the ability of the Secretary of
23 Commerce or the Inspector General of the Depart-
24 ment of Commerce to—
December 21, 2020 (9:35 a.m.)

490
1 (A) investigate waste, fraud, and abuse
2 with respect to the Pilot Program; or
3 (B) recover funds that are misused under
4 the Pilot Program.
5 SEC. 903. FCC COVID–19 TELEHEALTH PROGRAM.

7 (1) the term ‘‘appropriate congressional com-
8 mittees’’ means—
9 (A) the Committee on Commerce, Science,
10 and Transportation of the Senate; and
11 (B) the Committee on Energy and Com-
12 merce of the House of Representatives;
13 (2) the term ‘‘Commission’’ means the Federal
14 Communications Commission; and
15 (3) the term ‘‘COVID–19 Telehealth Program’’
16 or ‘‘Program’’ means the COVID–19 Telehealth
17 Program established by the Commission under the
18 authority provided under the heading ‘‘SALARIES
19 AND EXPENSES’’ under the heading ‘‘FEDERAL
20 COMMUNICATIONS COMMISSION’’ under the heading
21 ‘‘INDEPENDENT AGENCIES’’ in title V of divi-
22 sion B of the CARES Act (Public Law 116–136;
23 134 Stat. 531).
24 (b) ADDITIONAL APPROPRIATION.—Out of amounts
25 in the Treasury not otherwise appropriated, there is ap-
December 21, 2020 (9:35 a.m.)

491
1 propriated $249,950,000 in additional funds for the
2 COVID–19 Telehealth Program, of which $50,000 shall
3 be transferred by the Commission to the Inspector General
4 of the Commission for oversight of the COVID–19 Tele-
5 health Program.
6 (c) ADMINISTRATIVE PROVISIONS.—
7 (1) EVALUATION OF APPLICATIONS.—
8 (A) PUBLIC NOTICE.—Not later than 10

9 days after the date of enactment of this Act,
10 the Commission shall issue a Public Notice es-
11 tablishing a 10-day period during which the
12 Commission will seek comments on—
13 (i) the metrics the Commission should
14 use to evaluate applications for funding
15 under this section; and
16 (ii) how the Commission should treat
17 applications filed during the funding
18 rounds for awards from the COVID-19
19 Telehealth Program using amounts appro-
20 priated under the CARES Act (Public Law
21 116–36; 134 Stat. 281).
22 (B) CONGRESSIONAL NOTICE.—After the
23 end of the comment period under subparagraph
24 (A), and not later than 15 days before the
25 Commission first commits funds under this sec-
December 21, 2020 (9:35 a.m.)

492
1 tion, the Commission shall provide notice to the
2 appropriate congressional committees of the
3 metrics the Commission plans to use to evaluate
4 applications for those funds.
5 (2) EQUITABLE DISTRIBUTION.—To the extent
6 feasible, the Commission shall ensure, in providing
7 assistance under the COVID–19 Telehealth Program
8 from amounts made available under subsection (b),
9 that not less than 1 applicant in each of the 50
10 States and the District of Columbia has received
11 funding from the Program since the inception of the
12 Program, unless there is no such applicant eligible
13 for such assistance in a State or in the District of
14 Columbia, as the case may be.
15 (3) PREVIOUS APPLICANTS.—The Commission
16 shall allow an applicant who filed an application dur-
17 ing the funding rounds for awards from the
18 COVID–19 Telehealth Program using amounts ap-
19 propriated under the CARES Act (Public Law 116-
20 36; 134 Stat. 281) the opportunity to update or
21 amend that application as necessary.
22 (4) INFORMATION.—To the extent feasible, the
23 Commission shall provide each applicant for funding
24 from the COVID–19 Telehealth Program, if re-
25 quested, with—
December 21, 2020 (9:35 a.m.)

493
1 (A) information on the status of the appli-
2 cation; and
3 (B) a rationale for the final funding deci-
4 sion for the application, after making that deci-
5 sion.
6 (5) DENIAL.—If the Commission chooses to
7 deny an application for funding from the COVID–
8 19 Telehealth Program, the Commission shall—
9 (A) issue notice to the applicant of the in-
10 tent of the Commission to deny the application
11 and the grounds for that decision;
12 (B) provide the applicant with 10 days to
13 submit any supplementary information that the
14 applicant determines relevant; and
15 (C) consider any supplementary informa-
16 tion submitted under subparagraph (B) in mak-
17 ing any final decision with respect to the appli-
18 cation.
19 (d) REPORT TO CONGRESS.—Not later than 90 days
20 after the date of enactment of this Act, and every 30 days
21 thereafter until all funds made available under this section
22 have been expended, the Commission shall submit to the
23 appropriate congressional committees a report on the dis-
24 tribution of funds appropriated for the COVID–19 Tele-
25 health Program under the CARES Act (Public Law 116–
December 21, 2020 (9:35 a.m.)

494
1 36; 134 Stat. 281) or under this section, which shall in-
2 clude—
3 (1) non-identifiable and aggregated data on de-
4 ficient and rejected applications;
5 (2) non-identifiable and aggregated data on ap-
6 plications for which no award determination was
7 made;
8 (3) information on the total number of appli-
9 cants;
10 (4) information on the total dollar amount of
11 requests for awards made under this section; and
12 (5) information on applicant outreach and tech-
13 nical assistance.
14 (e) PAPERWORK REDUCTION ACT REQUIREMENTS.—
15 A collection of information conducted or sponsored under
16 any regulations required to implement this section shall
17 not constitute a collection of information for the purposes
18 of subchapter I of chapter 35 of title 44, United States
19 Code (commonly referred to as the ‘‘Paperwork Reduction
20 Act’’).
21 SEC. 904. BENEFIT FOR BROADBAND SERVICE DURING
22 EMERGENCY PERIOD RELATING TO COVID–
23 19.
December 21, 2020 (9:35 a.m.)

495
1 (1) BROADBAND INTERNET ACCESS SERVICE.—
2 The term ‘‘broadband internet access service’’ has

3 the meaning given such term in section 8.1(b) of
4 title 47, Code of Federal Regulations, or any suc-
5 cessor regulation.
6 (2) BROADBAND PROVIDER.—The term
7 ‘‘broadband provider’’ means a provider of
8 broadband internet access service.
11 (4) CONNECTED DEVICE.—The term ‘‘con-
12 nected device’’ means a laptop or desktop computer
13 or a tablet.
14 (5) DESIGNATED AS AN ELIGIBLE TELE-
15 COMMUNICATIONS CARRIER.—The term ‘‘designated

16 as an eligible telecommunications carrier’’, with re-
17 spect to a broadband provider, means the broadband
18 provider is designated as an eligible telecommuni-
19 cations carrier under section 214(e) of the Commu-
20 nications Act of 1934 (47 U.S.C. 214(e)).
21 (6) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible
22 household’’ means, regardless of whether the house-
23 hold or any member of the household receives sup-
24 port under subpart E of part 54 of title 47, Code
25 of Federal Regulations (or any successor regulation),
December 21, 2020 (9:35 a.m.)

496
1 and regardless of whether any member of the house-
2 hold has any past or present arrearages with a
3 broadband provider, a household in which—
4 (A) at least one member of the household
5 meets the qualifications in subsection (a) or (b)
6 of section 54.409 of title 47, Code of Federal
7 Regulations (or any successor regulation);
8 (B) at least one member of the household
9 has applied for and been approved to receive
10 benefits under the free and reduced price lunch
11 program under the Richard B. Russell National
12 School Lunch Act (42 U.S.C. 1751 et seq.) or
13 the school breakfast program under section 4 of
15 1773);
16 (C) at least one member of the household
17 has experienced a substantial loss of income
18 since February 29, 2020, that is documented by
19 layoff or furlough notice, application for unem-
20 ployment insurance benefits, or similar docu-
21 mentation or that is otherwise verifiable
22 through the National Verifier or National Life-
23 line Accountability Database;
24 (D) at least one member of the household
25 has received a Federal Pell Grant under section
December 21, 2020 (9:35 a.m.)

497
1 401 of the Higher Education Act of 1965 (20
2 U.S.C. 1070a) in the current award year, if
3 such award is verifiable through the National
4 Verifier or National Lifeline Accountability
5 Database or the participating provider verifies
6 eligibility under subsection (a)(2)(B); or
7 (E) at least one member of the household
8 meets the eligibility criteria for a participating
9 provider’s existing low-income or COVID–19
10 program, subject to the requirements of sub-
11 section (a)(2)(B) and any other eligibility re-
12 quirements the Commission may consider nec-
13 essary for the public interest.
14 (7) EMERGENCY BROADBAND BENEFIT.—The
15 term ‘‘emergency broadband benefit’’ means a

16 monthly discount for an eligible household applied to
17 the actual amount charged to such household, which
18 shall be no more than the standard rate for an inter-
19 net service offering and associated equipment, in an
20 amount equal to such amount charged, but not more
21 than $50, or, if an internet service offering is pro-
22 vided to an eligible household on Tribal land, not
23 more than $75.
24 (8) EMERGENCY PERIOD.—The term ‘‘emer-
25 gency period’’ means the period that—
December 21, 2020 (9:35 a.m.)

498
1 (A) begins on the date of the enactment of
2 this Act; and
3 (B) ends on the date that is 6 months
4 after the date on which the determination by
5 the Secretary of Health and Human Services
6 pursuant to section 319 of the Public Health
7 Service Act (42 U.S.C. 247d) that a public
8 health emergency exists as a result of COVID–
9 19, including any renewal thereof, terminates.
10 (9) INTERNET SERVICE OFFERING.—The term
11 ‘‘internet service offering’’ means, with respect to a
12 broadband provider, broadband internet access serv-
13 ice provided by such provider to a household, offered
14 in the same manner, and on the same terms, as de-
15 scribed in any of such provider’s offerings for
16 broadband internet access service to such household,
17 as on December 1, 2020.
18 (10) NATIONAL LIFELINE ACCOUNTABILITY
19 DATABASE.—The term ‘‘National Lifeline Account-

20 ability Database’’ has the meaning given such term
21 in section 54.400 of title 47, Code of Federal Regu-
22 lations (or any successor regulation).
23 (11) NATIONAL VERIFIER.—The term ‘‘Na-
24 tional Verifier’’ has the meaning given such term in
December 21, 2020 (9:35 a.m.)

499
1 section 54.400 of title 47, Code of Federal Regula-
2 tions, or any successor regulation.
3 (12) PARTICIPATING PROVIDER.—The term
4 ‘‘participating provider’’ means a broadband pro-
5 vider that—
6 (A)(i) is designated as an eligible tele-
7 communications carrier; or
8 (ii) meets requirements established by the
9 Commission for participation in the Emergency
10 Broadband Benefit Program and is approved by
11 the Commission under subsection (d)(2); and
12 (B) elects to participate in the Emergency
13 Broadband Benefit Program.
14 (13) STANDARD RATE.—The term ‘‘standard
15 rate’’ means the monthly retail rate for the applica-
16 ble tier of broadband internet access service as of
17 December 1, 2020, excluding any taxes or other gov-
18 ernmental fees.
19 (b) EMERGENCY BROADBAND BENEFIT PROGRAM.—
20 (1) ESTABLISHMENT.—The Commission shall
21 establish a program, to be known as the ‘‘Emer-
22 gency Broadband Benefit Program’’, under which
23 the Commission shall, in accordance with this sec-
24 tion, reimburse, using funds from the Emergency
25 Broadband Connectivity Fund established in sub-
December 21, 2020 (9:35 a.m.)

500
1 section (i), a participating provider for an emergency
2 broadband benefit, or an emergency broadband ben-
3 efit and a connected device, provided to an eligible
4 household during the emergency period.
5 (2) VERIFICATION OF ELIGIBILITY.—To verify
6 whether a household is an eligible household, a par-
7 ticipating provider shall—
8 (A) use the National Verifier or National
9 Lifeline Accountability Database;
10 (B) rely upon an alternative verification
11 process of the participating provider, if—
12 (i) the participating provider submits
13 information as required by the Commission
14 regarding the alternative verification proc-
15 ess prior to seeking reimbursement; and
16 (ii) not later than 7 days after receiv-
17 ing the information required under clause
18 (i), the Commission—
19 (I) determines that the alter-
20 native verification process will be suf-
21 ficient to avoid waste, fraud, and
22 abuse; and
23 (II) notifies the participating
24 provider of the determination under
25 subclause (I); or
December 21, 2020 (9:35 a.m.)

501
1 (C) rely on a school to verify the eligibility
2 of a household based on the participation of the
3 household in the free and reduced price lunch
4 program or the school breakfast program de-
5 scribed in subsection (a)(6)(B).
6 (3) USE OF NATIONAL VERIFIER AND NA-
7 TIONAL LIFELINE ACCOUNTABILITY DATABASE.—
8 The Commission shall—

9 (A) expedite the ability of all participating
10 providers to access the National Verifier and
11 National Lifeline Accountability Database for
12 purposes of determining whether a household is
13 an eligible household, without regard to whether
14 a participating provider is designated as an eli-
15 gible telecommunications carrier; and
16 (B) ensure that the National Verifier and
17 National Lifeline Accountability Database ap-
18 prove an eligible household to receive the emer-
19 gency broadband benefit not later than 2 days
20 after the date of the submission of information
21 necessary to determine if such household is an
22 eligible household.
23 (4) REIMBURSEMENT.—From the Emergency
25 section (i), the Commission shall reimburse a partici-
December 21, 2020 (9:35 a.m.)

502
1 pating provider in an amount equal to the emer-
2 gency broadband benefit with respect to an eligible
3 household that receives such benefit from such par-
4 ticipating provider during the emergency period.
5 (5) REIMBURSEMENT FOR CONNECTED DE-
6 VICE.—A participating provider that, during the

7 emergency period, in addition to providing the emer-
8 gency broadband benefit to an eligible household,
9 supplies such household with a connected device may
10 be reimbursed up to $100 from the Emergency
12 section (i) for such connected device, if the charge
13 to such eligible household is more than $10 but less
14 than $50 for such connected device, except that a
15 participating provider may receive reimbursement
16 for no more than 1 connected device per eligible
17 household.
18 (6) CERTIFICATION REQUIRED.—To receive a
19 reimbursement under paragraph (4) or (5), a par-
20 ticipating provider shall certify to the Commission
21 the following:
22 (A) That the amount for which the partici-
23 pating provider is seeking reimbursement from
24 the Emergency Broadband Connectivity Fund
25 established in subsection (i) for providing an
December 21, 2020 (9:35 a.m.)

503
1 internet service offering to an eligible household
2 is not more than the standard rate.
3 (B) That each eligible household for which
4 the participating provider is seeking reimburse-
5 ment for providing an internet service offering
6 discounted by the emergency broadband ben-
7 efit—
8 (i) has not been and will not be
9 charged—
10 (I) for such offering, if the stand-
11 ard rate for such offering is less than
12 or equal to the amount of the emer-
13 gency broadband benefit for such
14 household; or
15 (II) more for such offering than
16 the difference between the standard
17 rate for such offering and the amount
18 of the emergency broadband benefit
19 for such household;
20 (ii) will not be required to pay an
21 early termination fee if such eligible house-
22 hold elects to enter into a contract to re-
23 ceive such internet service offering if such
24 household later terminates such contract;
December 21, 2020 (9:35 a.m.)

504
1 (iii) was not, after the date of the en-
2 actment of this Act, subject to a manda-
3 tory waiting period for such internet serv-
4 ice offering based on having previously re-
5 ceived broadband internet access service
6 from such participating provider; and
7 (iv) will otherwise be subject to the
8 participating provider’s generally applica-
9 ble terms and conditions as applied to
10 other customers.
11 (C) That each eligible household for which
12 the participating provider is seeking reimburse-
13 ment for supplying such household with a con-
14 nected device has not been and will not be
15 charged $10 or less or $50 or more for such de-
16 vice.
17 (D) A description of the process used by
18 the participating provider to verify that a
19 household is an eligible household, if the pro-
20 vider elects an alternative verification process
21 under paragraph (2)(B), and that such
22 verification process was designed to avoid
23 waste, fraud, and abuse.
24 (7) AUDIT REQUIREMENTS.—The Commission
25 shall adopt audit requirements to ensure that par-
December 21, 2020 (9:35 a.m.)

505
1 ticipating providers are in compliance with the re-
2 quirements of this section and to prevent waste,
3 fraud, and abuse in the Emergency Broadband Ben-
4 efit Program. A finding of waste, fraud, or abuse or
5 an improper payment (as such term is defined in
6 section 2(d) of the Improper Payments Information
7 Act of 2002 (31 U.S.C. 3321 note)) identified by the
8 Commission or the Inspector General of the Com-
9 mission shall include the following:
10 (A) The name of the participating pro-
11 vider.
12 (B) The amount of funding made available
13 from the Emergency Broadband Connectivity
14 Fund to the participating provider.
15 (C) The amount of funding determined to
16 be an improper payment to a participating pro-
17 vider.
18 (D) A description of to what extent fund-
19 ing made available from the Emergency
20 Broadband Connectivity Fund that was an im-
21 proper payment was used for a reimbursement
22 for a connected device or a reimbursement for
23 an internet service offering.
December 21, 2020 (9:35 a.m.)

506
1 (E) Whether, in the case of a connected
2 device, such device, or the value thereof, has
3 been recovered.
4 (F) Whether any funding from the Emer-
5 gency Broadband Connectivity Fund was made
6 available to a participating provider for an
7 emergency broadband benefit for a person out-
8 side the eligible household.
9 (G) Whether any funding from the Emer-
10 gency Broadband Connectivity Fund was made
11 available to reimburse a participating provider
12 for an emergency broadband benefit made avail-
13 able to an eligible household in which all mem-
14 bers of such household necessary to satisfy the
15 eligibility requirements described in subsection
16 (a)(6) were deceased.
17 (8) RANDOM AUDIT REQUIRED.—Not later than
18 1 year after the date of the enactment of this Act,
19 the Inspector General of the Commission shall con-
20 duct an audit of a representative sample of partici-
21 pating providers receiving reimbursements under the
22 Emergency Broadband Benefit Program.
23 (9) NOTIFICATION OF AUDIT FINDINGS.—Not
24 later than 7 days after a finding made by the Com-

25 mission under the requirements of paragraph (7),
December 21, 2020 (9:35 a.m.)

507
1 the Commission shall notify the Committee on En-
2 ergy and Commerce of the House of Representatives
3 and the Committee on Commerce, Science, and
4 Transportation of the Senate with any information
5 described in such paragraph that the Commission
6 has obtained.
7 (10) EXPIRATION OF PROGRAM.—At the conclu-
8 sion of the Emergency Broadband Benefit Program,
9 any participating eligible households shall be subject
10 to a participating provider’s generally applicable
11 terms and conditions.
12 (c) REGULATIONS REQUIRED.—
14 the date of the enactment of this Act, the Commis-
15 sion shall promulgate regulations to implement this
16 section.
17 (2) COMMENT PERIODS.—As part of the rule-
18 making under paragraph (1), the Commission
19 shall—
20 (A) provide a 20-day public comment pe-
21 riod that begins not later than 5 days after the
22 date of the enactment of this Act;
23 (B) provide a 20-day public reply comment
24 period that immediately follows the period
25 under subparagraph (A); and
December 21, 2020 (9:35 a.m.)

508
1 (C) during the comment periods under
2 subparagraphs (A) and (B), seek comment
3 on—
4 (i) the provision of assistance from
5 the Emergency Broadband Connectivity
6 Fund established in subsection (i) con-
7 sistent with this section; and
8 (ii) other related matters.
9 (d) ELIGIBILITY OF PROVIDERS.—
10 (1) RELATION TO ELIGIBLE TELECOMMUNI-
11 CATIONS CARRIER DESIGNATION.—The Commission

12 may not require a broadband provider to be des-
13 ignated as an eligible telecommunications carrier in
14 order to be a participating provider.
15 (2) EXPEDITED APPROVAL PROCESS.—
16 (A) IN GENERAL.—The Commission shall

17 establish an expedited process by which the
18 Commission approves as participating providers
19 broadband providers that are not designated as
20 eligible telecommunications carriers and elect to
21 participate in the Emergency Broadband Ben-
22 efit Program.
23 (B) EXCEPTION.—Notwithstanding sub-
24 paragraph (A), the Commission shall automati-
25 cally approve as a participating provider a
December 21, 2020 (9:35 a.m.)

509
1 broadband provider that has an established pro-
2 gram as of April 1, 2020, that is widely avail-
3 able and offers internet service offerings to eli-
4 gible households and maintains verification
5 processes that are sufficient to avoid fraud,
6 waste, and abuse.
7 (e) RULE OF CONSTRUCTION.—Nothing in this sec-
8 tion shall affect the collection, distribution, or administra-
9 tion of the Lifeline Assistance Program governed by the
10 rules set forth in subpart E of part 54 of title 47, Code
11 of Federal Regulations (or any successor regulation).
12 (f) PART 54 REGULATIONS.—Nothing in this section
13 shall be construed to prevent the Commission from pro-
14 viding that the regulations in part 54 of title 47, Code
15 of Federal Regulations, or any successor regulation, shall
16 apply in whole or in part to the Emergency Broadband
17 Benefit Program, shall not apply in whole or in part to
18 such Program, or shall be modified in whole or in part
19 for purposes of application to such Program.
20 (g) ENFORCEMENT.—A violation of this section or a
21 regulation promulgated under this section shall be treated
22 as a violation of the Communications Act of 1934 (47
23 U.S.C. 151 et seq.) or a regulation promulgated under
24 such Act. The Commission shall enforce this section and
25 the regulations promulgated under this section in the same
December 21, 2020 (9:35 a.m.)

510
1 manner, by the same means, and with the same jurisdic-
2 tion, powers, and duties as though all applicable terms and
3 provisions of the Communications Act of 1934 were incor-
4 porated into and made a part of this section.
5 (h) EXEMPTIONS.—
6 (1) CERTAIN RULEMAKING REQUIREMENTS.—
7 Section 553 of title 5, United States Code, shall not

8 apply to a regulation promulgated under subsection
9 (c) or a rulemaking proceeding to promulgate such
10 a regulation.
11 (2) PAPERWORK REDUCTION ACT REQUIRE-
12 MENTS.—A collection of information conducted or

13 sponsored under the regulations required by sub-
14 section (c) shall not constitute a collection of infor-
15 mation for the purposes of subchapter I of chapter
16 35 of title 44, United States Code (commonly re-
17 ferred to as the Paperwork Reduction Act).
18 (i) EMERGENCY BROADBAND CONNECTIVITY
19 FUND.—
20 (1) ESTABLISHMENT.—There is established in
21 the Treasury of the United States a fund to be
22 known as the Emergency Broadband Connectivity
23 Fund.
24 (2) APPROPRIATION.—There is appropriated to
25 the Emergency Broadband Connectivity Fund, out
December 21, 2020 (9:35 a.m.)

511
1 of any money in the Treasury not otherwise appro-
2 priated, $3,200,000,000 for fiscal year 2021, to re-
4 (3) USE OF FUNDS.—Amounts in the Emer-
5 gency Broadband Connectivity Fund shall be avail-
6 able to the Commission for reimbursements to par-
7 ticipating providers under this section, and the Com-
8 mission may use not more than 2 percent of such
9 amounts to administer the Emergency Broadband
10 Benefit Program.
11 (4) RELATIONSHIP TO UNIVERSAL SERVICE
12 CONTRIBUTIONS.—Reimbursements provided under

13 this section shall be provided from amounts made
14 available under this subsection and not from con-
15 tributions under section 254(d) of the Communica-
16 tions Act of 1934 (47 U.S.C. 254(d)).
17 (5) USE OF UNIVERSAL SERVICE ADMINISTRA-
18 TIVE COMPANY PERMITTED.—The Commission shall

19 have the authority to avail itself of the services of
20 the Universal Service Administrative Company to
21 implement the Emergency Broadband Benefit Pro-
22 gram, including developing and processing reim-
23 bursements and distributing funds to participating
24 providers.
December 21, 2020 (9:35 a.m.)

512
1 (j) SAFE HARBOR.—The Commission may not en-
2 force a violation of this section under section 501, 502,
3 or 503 of the Communications Act of 1934 (47 U.S.C.
4 501; 502; 503), or any rules of the Commission promul-
5 gated under such sections of such Act, if a participating
6 provider demonstrates to the Commission that such pro-
7 vider relied in good faith on information provided to such
8 provider to make the verification required by subsection
9 (b)(2).
10 SEC. 905. GRANTS FOR BROADBAND CONNECTIVITY.

12 (1) ASSISTANT SECRETARY.—The term ‘‘Assist-
13 ant Secretary’’ means the Assistant Secretary of
14 Commerce for Communications and Information.
15 (2) BROADBAND OR BROADBAND SERVICE.—
16 The term ‘‘broadband’’ or ‘‘broadband service’’ has

17 the meaning given the term ‘‘broadband internet ac-
18 cess service’’ in section 8.1(b) of title 47, Code of
19 Federal Regulations, or any successor regulation.
22 (4) COVERED BROADBAND PROJECT.—The
23 term ‘‘covered broadband project’’ means a competi-

24 tively and technologically neutral project for the de-
25 ployment of fixed broadband service that provides
December 21, 2020 (9:35 a.m.)

513
1 qualifying broadband service in an eligible service
2 area.
3 (5) COVERED PARTNERSHIP.—The term ‘‘cov-
4 ered partnership’’ means a partnership between—
5 (A) a State, or 1 or more political subdivi-
6 sions of a State; and
7 (B) a provider of fixed broadband service.
8 (6) DEPARTMENT.—The term ‘‘Department’’
9 means the Department of Commerce.
10 (7) ELIGIBLE SERVICE AREA.—The term ‘‘eligi-
11 ble service area’’ means a census block in which
12 broadband service is not available at 1 or more
13 households or businesses in the census block, as de-
14 termined by the Assistant Secretary on the basis
15 of—
16 (A) the maps created under section
17 802(c)(1) of the Communications Act of 1934
18 (47 U.S.C. 642(c)(1)); or
19 (B) if the maps described in subparagraph
20 (A) are not available, the most recent informa-
21 tion available to the Assistant Secretary, includ-
22 ing information provided by the Commission.
23 (8) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
24 ty’’ means—
25 (A) a Tribal Government;
December 21, 2020 (9:35 a.m.)

514
1 (B) a Tribal College or University;
2 (C) the Department of Hawaiian Home
3 Lands on behalf of the Native Hawaiian Com-
4 munity, including Native Hawaiian Education
5 Programs;
6 (D) a Tribal organization; or
7 (E) a Native Corporation.
8 (9) NATIVE CORPORATION.—The term ‘‘Native
9 Corporation’’ has the meaning given the term in sec-
10 tion 3 of the Alaska Native Claims Settlement Act
11 (43 U.S.C. 1602).
12 (10) NATIVE HAWAIIAN.—The term ‘‘Native
13 Hawaiian’’ has the meaning given the term in sec-
14 tion 801 of the Native American Housing Assistance
15 and Self-Determination Act of 1996 (25 U.S.C.
16 4221).
17 (11) QUALIFYING BROADBAND SERVICE.—The
18 term ‘‘qualifying broadband service’’ means

19 broadband service with—
20 (A) a download speed of not less than 25
21 megabits per second;
22 (B) an upload speed of not less than 3
23 megabits per second; and
24 (C) a latency sufficient to support real-
25 time, interactive applications.
December 21, 2020 (9:35 a.m.)

515
1 (12) TRIBAL GOVERNMENT.—The term ‘‘Tribal
2 Government’’ means the governing body of any In-
3 dian or Alaska Native Tribe, band, nation, pueblo,
4 village, community, component band, or component
5 reservation, individually recognized (including par-
6 enthetically) in the list published most recently as of
7 the date of enactment of this Act pursuant to sec-
8 tion 104 of the Federally Recognized Indian Tribe
9 List Act of 1994 (25 U.S.C. 5131).
10 (13) TRIBAL LAND.—The term ‘‘Tribal land’’
11 means—
12 (A) any land located within the boundaries
13 of—
14 (i) an Indian reservation, pueblo, or
15 rancheria; or
16 (ii) a former reservation within Okla-
17 homa;
18 (B) any land not located within the bound-
19 aries of an Indian reservation, pueblo, or
20 rancheria, the title to which is held—
21 (i) in trust by the United States for
22 the benefit of an Indian Tribe or an indi-
23 vidual Indian;
24 (ii) by an Indian Tribe or an indi-
25 vidual Indian, subject to restriction against
December 21, 2020 (9:35 a.m.)

516
1 alienation under laws of the United States;
2 or
3 (iii) by a dependent Indian commu-
4 nity;
5 (C) any land located within a region estab-
6 lished pursuant to section 7(a) of the Alaska
7 Native Claims Settlement Act (43 U.S.C.
8 1606(a));
9 (D) Hawaiian Home Lands, as defined in
10 section 801 of the Native American Housing
11 Assistance and Self-Determination Act of 1996
12 (25 U.S.C. 4221); or
13 (E) those areas or communities designated
14 by the Assistant Secretary of Indian Affairs of
15 the Department of the Interior that are near,
16 adjacent, or contiguous to reservations where fi-
17 nancial assistance and social service programs
18 are provided to Indians because of their status
19 as Indians.
20 (14) UNSERVED.—The term ‘‘unserved’’, with
21 respect to a household, means—
22 (A) the household lacks access to quali-
23 fying broadband service; and
24 (B) no broadband provider has been se-
25 lected to receive, or is otherwise receiving, Fed-
December 21, 2020 (9:35 a.m.)

517
1 eral or State funding subject to enforceable
2 build out commitments to deploy qualifying
3 broadband service in the specific area where the
4 household is located by dates certain, even if
5 such service is not yet available, provided that
6 the Federal or State agency providing the fund-
7 ing has not deemed the service provider to be
8 in default of its buildout obligations under the
9 applicable Federal or State program.
10 (b) DIRECT APPROPRIATION.—There is appropriated
11 to the Assistant Secretary, out of amounts in the Treasury
12 not otherwise appropriated, for the fiscal year ending Sep-
13 tember 30, 2021, to remain available until expended—
14 (1) $1,000,000,000 for grants under subsection
15 (c); and
16 (2) $300,000,000 for grants under subsection
17 (d).
18 (c) TRIBAL BROADBAND CONNECTIVITY PRO-
19 GRAM.—
20 (1) TRIBAL BROADBAND CONNECTIVITY
21 GRANTS.—The Assistant Secretary shall use the

22 funds made available under subsection (b)(1) to im-
23 plement a program to make grants to eligible enti-
24 ties to expand access to and adoption of—
25 (A) broadband service on Tribal land; or
December 21, 2020 (9:35 a.m.)

518
1 (B) remote learning, telework, or telehealth
2 resources during the COVID–19 pandemic.
3 (2) GRANTS.—From the amounts appropriated
4 under subsection (b)(1), the Assistant Secretary
5 shall award a grant to each eligible entity that sub-
6 mits an application that the Assistant Secretary ap-
7 proves after consultation with the Commission to
8 prevent duplication of funding.
9 (3) ALLOCATIONS.—
10 (A) EQUITABLE DISTRIBUTION.—The
11 amounts appropriated under subsection (b)(1)

12 shall be made available to eligible entities on an
13 equitable basis, and not less than 3 percent of
14 those amounts shall be made available for the
15 benefit of Native Hawaiians.
16 (B) ADMINISTRATIVE EXPENSES OF AS-
17 SISTANT SECRETARY.—The Assistant Secretary

18 may use not more than 2 percent of amounts
19 appropriated under subsection (b)(1) for admin-
20 istrative purposes, including the provision of
21 technical assistance to Tribal Governments to
22 help those Governments take advantage of the
23 program established under this subsection.
24 (4) USE OF GRANT FUNDS.—
25 (A) COMMITMENT DEADLINE.—
December 21, 2020 (9:35 a.m.)

519
1 (i) IN GENERAL.—Not later than 180
2 days after receiving grant funds under this
3 subsection, an eligible entity shall commit
4 the funds in accordance with the approved
5 application of the entity.
6 (ii) REVERSION OF FUNDS.—Any
7 grant funds not committed by an eligible

8 entity by the deadline under clause (i) shall
9 revert to the general fund of the Treasury.
10 (B) EXPENDITURE DEADLINE.—

12 year after receiving grant funds under this
13 subsection, an eligible entity shall expend
14 the grant funds.
15 (ii) EXTENSIONS FOR INFRASTRUC-
16 TURE PROJECTS.—The Assistant Secretary

17 may extend the period under clause (i) for
18 an eligible entity that proposes to use the
19 grant funds for construction of broadband
20 infrastructure if the eligible entity certifies
21 that—
22 (I) the eligible entity has a plan
23 for use of the grant funds;
24 (II) the construction project is
25 underway; or
December 21, 2020 (9:35 a.m.)

520
1 (III) extenuating circumstances
2 require an extension of time to allow
3 the project to be completed.
4 (iii) REVERSION OF FUNDS.—Any
5 grant funds not expended by an eligible en-

6 tity by the deadline under clause (i) shall
7 be made available to other eligible entities
8 for the purposes provided in this sub-
9 section.
10 (5) ELIGIBLE USES.—An eligible entity may
11 use grant funds made available under this subsection
12 for—
13 (A) broadband infrastructure deployment,
14 including support for the establishment of car-
15 rier-neutral submarine cable landing stations;
16 (B) affordable broadband programs, in-
17 cluding—
18 (i) providing free or reduced-cost
19 broadband service; and
20 (ii) preventing disconnection of exist-
21 ing broadband service;
22 (C) distance learning;
23 (D) telehealth;
24 (E) digital inclusion efforts; and
25 (F) broadband adoption activities.
December 21, 2020 (9:35 a.m.)

521
1 (6) ADMINISTRATIVE EXPENSES OF ELIGIBLE
2 ENTITIES.—An eligible entity may use not more

3 than 2 percent of grant funds received under this
4 subsection for administrative purposes.
5 (7) SUBGRANTEES.—
6 (A) IN GENERAL.—An eligible entity may
7 enter into a contract with a subgrantee, includ-
8 ing a non-Tribal entity, as part of its use of
9 grant funds pursuant to this subsection.
10 (B) REQUIREMENTS.—An eligible entity
11 that enters into a contract with a subgrantee
12 for use of grant funds received under this sub-
13 section shall—
14 (i) before entering into the contract,
15 after a reasonable investigation, make a
16 determination that the subgrantee—
17 (I) is capable of carrying out the
18 project for which grant funds will be
19 provided in a competent manner in
20 compliance with all applicable laws;
21 (II) has the financial capacity to
22 meet the obligations of the project
23 and the requirements of this sub-
24 section; and
December 21, 2020 (9:35 a.m.)

522
1 (III) has the technical and oper-
2 ational capability to carry out the
3 project; and
4 (ii) stipulate in the contract reason-
5 able provisions for recovery of funds for
6 nonperformance.
7 (8) BROADBAND INFRASTRUCTURE DEPLOY-
8 MENT.—In using grant funds received under this

9 subsection for new construction of broadband infra-
10 structure, an eligible entity shall prioritize projects
11 that deploy broadband infrastructure to unserved
12 households.
13 (d) BROADBAND INFRASTRUCTURE PROGRAM.—
14 (1) BROADBAND INFRASTRUCTURE DEPLOY-
15 MENT GRANTS.—The Assistant Secretary shall use

16 the funds made available under subsection (b)(2) to
17 implement a program under which the Assistant
18 Secretary makes grants on a competitive basis to
19 covered partnerships for covered broadband projects.
20 (2) MAPPING.—
21 (A) DATA FROM COMMISSION.—Not less
22 frequently than annually, the Commission shall,
23 through the process established under section
24 802(b)(7)) of the Communications Act of 1934
25 (47 U.S.C. 642(b)(7)), provide the Assistant
December 21, 2020 (9:35 a.m.)

523
1 Secretary any data collected by the Commission
2 pursuant to title VIII of that Act (47 U.S.C.
3 641 et seq.).
4 (B) USE BY ASSISTANT SECRETARY.—The
5 Assistant Secretary shall rely on the data pro-

6 vided under subparagraph (A) in carrying out
7 this subsection to the greatest extent prac-
8 ticable.
9 (3) ELIGIBILITY REQUIREMENTS.—To be eligi-
10 ble for a grant under this subsection, a covered part-
11 nership shall submit an application at such time, in
12 such manner, and containing such information as
13 the Assistant Secretary may require, which applica-
14 tion shall, at a minimum, include a description of—
15 (A) the covered partnership;
16 (B) the covered broadband project to be
17 funded by the grant, including—
18 (i) the speed or speeds at which the
19 covered partnership plans to offer
20 broadband service; and
21 (ii) the cost of the project;
22 (C) the area to be served by the covered
23 broadband project (in this paragraph referred
24 to as the ‘‘proposed service area’’);
December 21, 2020 (9:35 a.m.)

524
1 (D) any support provided to the provider
2 of broadband service that is part of the covered
3 partnership through—
4 (i) any grant, loan, or loan guarantee
5 provided by a State to the provider of
6 broadband service for the deployment of
7 broadband service in the proposed service
8 area;
9 (ii) any grant, loan, or loan guarantee
10 with respect to the proposed service area
11 provided by the Secretary of Agriculture—
12 (I) under title VI of the Rural
13 Electrification Act of 1936 (7 U.S.C.
14 950bb et seq.), including—
15 (aa) any program to provide
16 grants, loans, or loan guarantees
17 under sections 601 through 603
18 of that Act (7 U.S.C. 950bb et
19 seq.); and
20 (bb) the Community Con-
21 nect Grant Program established
22 under section 604 of that Act (7
23 U.S.C. 950bb–3); or
24 (II) the broadband loan and
25 grant pilot program known as the
December 21, 2020 (9:35 a.m.)

525
1 ‘‘Rural eConnectivity Pilot Program’’
2 or the ‘‘ReConnect Program’’ author-
3 ized under section 779 of division A of
4 the Consolidated Appropriations Act,
5 2018 (Public Law 115–141; 132 Stat.
6 348);
7 (iii) any high-cost universal service
8 support provided under section 254 of the
9 Communications Act of 1934 (47 U.S.C.
10 254);
11 (iv) any grant provided under section
12 6001 of the American Recovery and Rein-
13 vestment Act of 2009 (47 U.S.C. 1305);
14 (v) amounts made available for the
15 Education Stabilization Fund under the
16 heading ‘‘DEPARTMENT OF EDU-
17 CATION’’ in title VIII of division B of the
18 CARES Act (Public Law 116–136; 134
19 Stat. 564); or
20 (vi) any other grant, loan, or loan
21 guarantee provided by the Federal Govern-
22 ment for the provision of broadband serv-
23 ice.
24 (4) PRIORITY.—In awarding grants under this
25 subsection, the Assistant Secretary shall give pri-
December 21, 2020 (9:35 a.m.)

526
1 ority to applications for covered broadband projects
2 as follows, in decreasing order of priority:
3 (A) Covered broadband projects designed
4 to provide broadband service to the greatest
5 number of households in an eligible service
6 area.
7 (B) Covered broadband projects designed
8 to provide broadband service in an eligible serv-
9 ice area that is wholly within any area other
10 than—
11 (i) a county, city, or town that has a
12 population of more than 50,000 inhab-
13 itants; and
14 (ii) the urbanized area contiguous and
15 adjacent to a city or town described in
16 clause (i).
17 (C) Covered broadband projects that are
18 the most cost-effective, prioritizing such
19 projects in areas that are the most rural.
20 (D) Covered broadband projects designed
21 to provide broadband service with a download
22 speed of not less than 100 megabits per second
23 and an upload speed of not less than 20 mega-
24 bits per second.
December 21, 2020 (9:35 a.m.)

527
1 (E) Any other covered broadband project
2 that meets the requirements of this subsection.
3 (5) EXPENDITURE DEADLINE.—
4 (A) IN GENERAL.—Not later than 1 year

5 after receiving grant funds under this sub-
6 section, a covered partnership shall expend the
7 grant funds.
8 (B) EXTENSIONS.—The Assistant Sec-
9 retary may extend the period under subpara-
10 graph (A) for a covered partnership that pro-
11 poses to use the grant funds for construction of
12 broadband infrastructure if the covered partner-
13 ship certifies that—
14 (i) the covered partnership has a plan
15 for use of the grant funds;
16 (ii) the construction project is under-
17 way; or
18 (iii) extenuating circumstances require
19 an extension of time to allow the project to
20 be completed.
21 (C) REVERSION OF FUNDS.—Any grant
22 funds not expended by an covered partnership
23 by the deadline under subparagraph (A) shall
24 be made available to other covered partnerships
25 for the purposes provided in this subsection.
December 21, 2020 (9:35 a.m.)

528
1 (6) GRANT CONDITIONS.—
2 (A) PROHIBITIONS.—As a condition of re-

3 ceiving a grant under this subsection, the As-
4 sistant Secretary shall prohibit a provider of
5 broadband service that is part of a covered
6 partnership receiving the grant—
7 (i) from using the grant amounts to
8 repay, or make any other payment relating
9 to, a loan made by any public or private
10 lender;
11 (ii) from using grant amounts as col-
12 lateral for a loan made by any public or
13 private lender; and
14 (iii) from using more than $50,000 of
15 the grant amounts to pay for the prepara-
16 tion of the grant.
17 (B) NONDISCRIMINATION.—The Assistant
18 Secretary may not require a provider of
19 broadband service that is part of a covered
20 partnership to be designated as an eligible tele-
21 communications carrier pursuant to section
22 214(e) of the Communications Act of 1934 (47
23 U.S.C. 214(e)) to be eligible to receive a grant
24 under this subsection or as a condition of re-
25 ceiving a grant under this subsection.
December 21, 2020 (9:35 a.m.)

529
1 (e) IMPLEMENTATION.—
2 (1) REQUIREMENTS; OUTREACH.—Not earlier
3 than 30 days, and not later than 60 days, after the
4 date of enactment of this Act, the Assistant Sec-
5 retary shall—
6 (A) issue a notice inviting eligible entities
7 and covered partnerships to submit applications
8 for grants under this section, which shall con-
9 tain details about how awarding decisions will
10 be made; and
11 (B) outline—
12 (i) the requirements for applications
13 for grants under this section; and
14 (ii) the allowed uses of grant funds
15 awarded under this section.
16 (2) APPLICATIONS.—
17 (A) SUBMISSION.—During the 90-day pe-
18 riod beginning on the date on which the Assist-
19 ant Secretary issues the notice under paragraph
20 (1), an eligible entity or covered partnership
21 may submit an application for a grant under
22 this section.
23 (B) PROCESSING.—
25 days after receiving an application under
December 21, 2020 (9:35 a.m.)

530
1 subparagraph (A), the Assistant Secretary
2 shall approve or deny the application.
3 (ii) DENIAL.—The Assistant Sec-
4 retary may deny an application submitted
5 under subparagraph (A) only if—
6 (I) the Assistant Secretary pro-
7 vides the applicant an opportunity to
8 cure any defects in the application;
9 and
10 (II) after receiving the oppor-
11 tunity under subclause (I), the appli-
12 cant still fails to meet the require-
13 ments of this section.
14 (C) SINGLE APPLICATION.—An eligible en-
15 tity or covered partnership may submit only 1
16 application under this paragraph.
17 (D) PROPOSED USE OF FUNDS.—An appli-
18 cation submitted by an eligible entity or a cov-
19 ered partnership under this paragraph shall de-
20 scribe each proposed use of grant funds.
21 (E) ALLOCATION OF FUNDS.—Not later
22 than 14 days after approving an application for
23 a grant under this paragraph, the Assistant
24 Secretary shall allocate the grant funds to the
25 eligible entity or covered partnership.
December 21, 2020 (9:35 a.m.)

531
1 (F) TREATMENT OF UNALLOCATED
2 FUNDS.—
3 (i) IN GENERAL.—If an eligible entity

4 or covered partnership does not submit an
5 application by the deadline under subpara-
6 graph (A), or the Assistant Secretary does
7 not approve an application submitted by an
8 eligible entity or a covered partnership
9 under that subparagraph, the Assistant
10 Secretary shall make the amounts allocated
11 for, as applicable—
12 (I) the eligible entity under sub-
13 section (c) available to other eligible
14 entities on an equitable basis; or
15 (II) the covered partnership
16 under subsection (d) to other covered
17 partnerships.
18 (ii) SECOND PROCESS.—The Assistant
19 Secretary shall initiate a second notice and
20 application process described in this sub-
21 section to reallocate any funds made avail-
22 able to other eligible entities or covered
23 partnerships under clause (i).
24 (3) TRANSPARENCY, ACCOUNTABILITY, AND
25 OVERSIGHT REQUIRED.—In implementing this sec-
December 21, 2020 (9:35 a.m.)

532
1 tion, the Assistant Secretary shall adopt measures,
2 including audit requirements, to—
3 (A) ensure sufficient transparency, ac-
4 countability, and oversight to provide the public
5 with information regarding the award and use
6 of grant funds under this section;
7 (B) ensure that a recipient of a grant
8 under this section uses the grant funds in com-
9 pliance with the requirements of this section
10 and the overall purpose of the applicable grant
11 program under this section; and
12 (C) deter waste, fraud, and abuse of grant
13 funds.
14 (4) PROHIBITION ON USE FOR COVERED COM-
15 MUNICATIONS EQUIPMENT OR SERVICES.—An eligi-

16 ble entity or covered partnership may not use grant
17 funds received under this section to purchase or sup-
18 port any covered communications equipment or serv-
19 ice (as defined in section 9 of the Secure and Trust-
20 ed Communications Networks Act of 2019 (47
21 U.S.C. 1608)).
22 (5) UNAUTHORIZED USE OF FUNDS.—To the
23 extent that the Assistant Secretary or the Inspector
24 General of the Department determines that an eligi-
25 ble entity or covered partnership has expended grant
December 21, 2020 (9:35 a.m.)

533
1 funds received under this section in violation of this
2 section, the Assistant Secretary shall recover the
3 amount of funds that were so expended.
4 (f) REPORTING.—
5 (1) ELIGIBLE ENTITIES AND COVERED PART-
6 NERSHIPS.—
7 (A) ANNUAL REPORT.—Not later than 1

8 year after receiving grant funds under this sec-
9 tion, and annually thereafter until the funds
10 have been expended, an eligible entity or cov-
11 ered partnership shall submit to the Assistant
12 Secretary a report, with respect to the 1-year
13 period immediately preceding the report date,
14 that—
15 (i) describes how the eligible entity or
16 covered partnership expended the funds;
17 (ii) certifies that the eligible entity or
18 covered partnership complied with the re-
19 quirements of this section and with any
20 additional reporting requirements pre-
21 scribed by the Assistant Secretary, includ-
22 ing—
23 (I) a description of each service
24 provided with the grant funds; and
December 21, 2020 (9:35 a.m.)

534
1 (II) the number of locations or
2 geographic areas at which broadband
3 service was provided using the grant
4 funds; and
5 (iii) identifies each subgrantee that re-
6 ceived a subgrant from the eligible entity
7 or covered partnership and a description of
8 the specific project for which grant funds
9 were provided.
10 (B) PROVISION OF INFORMATION TO FCC
11 AND USDA.—The Assistant Secretary shall pro-

12 vide the information collected under subpara-
13 graph (A) to the Commission and the Depart-
14 ment of Agriculture to be used when deter-
15 mining whether to award funds for the deploy-
16 ment of broadband under any program adminis-
17 tered by those agencies.
18 (C) TRANSMISSION OF REPORTS TO CON-
19 GRESS.—Not later than 5 days after receiving

20 a report from an eligible entity under subpara-
21 graph (A), the Assistant Secretary shall trans-
22 mit the report to the Committee on Commerce,
25 House of Representatives.
December 21, 2020 (9:35 a.m.)

535
1 (2) INSPECTOR GENERAL AND GAO.—Not later
2 than 6 months after the date on which the first
3 grant is awarded under this section, and every 6
4 months thereafter until all of the grant funds award-
5 ed under this section are expended, the Inspector
6 General of the Department and the Comptroller
7 General of the United States shall each submit to
8 the Committee on Commerce, Science, and Trans-
9 portation of the Senate and the Committee on En-
10 ergy and Commerce of the House of Representatives
11 a report that reviews the grants awarded under this
12 section during the preceding 6-month period. Each
13 such report shall include recommendations to ad-
14 dress waste, fraud, and abuse, if any.
15 (g) IMPACT ON OTHER FEDERAL BROADBAND PRO-
16 GRAMS.—The use of grant funds received under this sec-
17 tion by an eligible entity, covered partnership, or sub-
18 grantee shall not impact the eligibility of, or otherwise dis-
19 advantage, the eligible entity, covered partnership, or sub-
20 grantee with respect to participation in any other Federal
21 broadband program.
22 SEC. 906. APPROPRIATIONS FOR FEDERAL COMMUNICA-
23 TIONS COMMISSION ACTIVITIES.
24 There is appropriated to the Federal Communica-

25 tions Commission, out of amounts in the Treasury not oth-
December 21, 2020 (9:35 a.m.)

536
1 erwise appropriated, for fiscal year 2021, to remain avail-
2 able until expended—
3 (1) $65,000,000 to carry out title VIII of the
4 Communications Act of 1934 (47 U.S.C. 641 et
5 seq.); and
6 (2) $1,900,000,000 to carry out the Secure and
7 Trusted Communications Networks Act of 2019 (47
8 U.S.C. 1601 et seq.), of which $1,895,000,000 shall
9 be used to carry out the program established under
10 section 4 of that Act (47 U.S.C. 1603).
11 TITLE X—MISCELLANEOUS
12 SEC. 1001. CORONAVIRUS RELIEF FUND EXTENSION.
13 Section 601(d)(3) of the Social Security Act (42

14 U.S.C. 801(d)(3)) is amended by striking ‘‘December 30,
15 2020’’ and inserting ‘‘December 31, 2021’’.
16 SEC. 1002. CONTRACTOR PAY.
17 Section 3610 of division A of the CARES Act (Public

18 Law 116–136) shall be applied by substituting ‘‘March 31,
19 2021’’ for ‘‘September 30, 2020’’.
20 SEC. 1003. RESCISSIONS.
21 (a) EXCHANGE STABILIZATION FUND.—

22 (1) IMMEDIATE RESCISSION.—Of the unobli-
23 gated balances made available under section 4027 of
24 the CARES Act (15 U.S.C. 9061),
December 21, 2020 (9:35 a.m.)

537
1 $429,000,000,000 shall be permanently rescinded on
3 (2) SUBSEQUENT RESCISSION OF REMAINING
4 FUNDS.—
5 (A) IN GENERAL.—Except as provided in

6 subparagraph (C), any remaining unobligated
7 balances made available under section 4027 of
8 the CARES Act (15 U.S.C. 9061) shall be per-
9 manently rescinded on January 9, 2021.
10 (B) APPLICABILITY.—Notwithstanding the
11 Federal Credit Reform Act of 1990 (2 U.S.C.
12 661 et seq.) or any other provision of law, the
13 rescission in subparagraph (A) shall apply to—
14 (i) the obligated but not disbursed
15 credit subsidy cost of all loans, loan guar-
16 antees, and other investments that the Sec-
17 retary of the Treasury has made or com-
18 mitted to make under section 4003(b)(4)
19 of the CARES Act (15 U.S.C. 9042(b)(4));
20 and
21 (ii) the obligated and disbursed credit
22 subsidy cost of all loans, loan guarantees,
23 and other investments that—
24 (I) the Secretary of the Treasury
25 has made or committed to make
December 21, 2020 (9:35 a.m.)

538
1 under section 4003(b)(4) of the
2 CARES Act (15 U.S.C. 9042(b)(4));
3 and
4 (II) are not needed to meet the
5 commitments, as of January 9, 2021,
6 of the programs and facilities estab-
7 lished under section 13(3) of the Fed-
8 eral Reserve Act (12 U.S.C. 343(3))
9 in which the Secretary of the Treas-
10 ury has made or committed to make
11 a loan, loan guarantee, or other in-
12 vestment using funds appropriated
13 under section 4027 of the CARES Act
14 (15 U.S.C. 9061).
15 (C) EXCEPTIONS.—
16 (i) ADMINISTRATIVE EXPENSES.—The
17 $100,000,000 made available under section

18 4003(f) of the CARES Act (15 U.S.C.
19 9042(f)) to pay costs and administrative
20 expenses—
21 (I) shall not be rescinded under
22 this paragraph; and
23 (II) shall be used exclusively for
24 the specific purposes described in that
25 section.
December 21, 2020 (9:35 a.m.)

539
1 (ii) SPECIAL INSPECTOR GENERAL
2 FOR PANDEMIC RECOVERY.—The
3 $25,000,000 made available under section

4 4018(g) of the CARES Act (15 U.S.C.
5 9053(g)) for the Special Inspector General
6 for Pandemic Recovery—
10 the specific purposes described in that
11 section.
12 (iii) CONGRESSIONAL OVERSIGHT
13 COMMISSION.—Of the amounts made avail-

14 able under section 4027 of the CARES Act
15 (15 U.S.C. 9061) for the Congressional
16 Oversight Commission established under
17 section 4020 of that Act (15 U.S.C. 9055),
18 $5,000,000—
22 the expenses of the Congressional
23 Oversight Commission set forth in
24 section 4020(g)(2) of that Act.
December 21, 2020 (9:35 a.m.)

540
1 (b) LOANS, LOAN GUARANTEES, AND OTHER IN-
2 VESTMENTS.—
3 (1) IN GENERAL.—Effective on January 9,

4 2021, section 4003 of the CARES Act (15 U.S.C.
5 9042) is amended—
6 (A) in subsection (a), by striking ‘‘
7 $500,000,000,000’’ and inserting ‘‘ $0’’; and
8 (B) in subsection (b)—
9 (i) in paragraph (1), by striking
10 ‘‘25,000,000,000’’ and inserting ‘‘0’’;
11 (ii) in paragraph (2), by striking ‘‘
12 $4,000,000,000’’ and inserting ‘‘0’’;
13 (iii) in paragraph (3), by striking ‘‘
14 $17,000,000,000’’ and inserting ‘‘0’’; and
15 (iv) in paragraph (4), in the matter
16 preceding subparagraph (A), by striking ‘‘
17 $454,000,000,000’’ and inserting ‘‘ $0’’.
18 (2) RULE OF CONSTRUCTION.—The amend-
19 ments made under paragraph (1) shall not be con-
20 strued to affect obligations incurred by the Depart-
21 ment of the Treasury before January 1, 2021.
22 SEC. 1004. EMERGENCY RELIEF AND TAXPAYER PROTEC-
23 TIONS.
24 Section 4003(e) of the CARES Act (15 U.S.C.

25 9042(e)) is amended, in the matter preceding paragraph
December 21, 2020 (9:35 a.m.)

541
1 (1), by striking ‘‘Amounts’’ and inserting ‘‘Notwith-
2 standing any other provision of law, amounts’’.
3 SEC. 1005. TERMINATION OF AUTHORITY.

5 is amended—
6 (1) in subsection (a), by striking ‘‘new’’;
7 (2) in subsection (b)(1), in the matter pre-
8 ceding subparagraph (A), by striking ‘‘, loan guar-
9 antee, or other investment’’ and inserting ‘‘or loan
10 guarantee made under paragraph (1), (2), or (3) of
11 section 4003(b)’’; and
13 ‘‘(c) FEDERAL RESERVE PROGRAMS OR FACILI-
14 TIES.—
15 ‘‘(1) IN GENERAL.—After December 31, 2020,

16 the Board of Governors of the Federal Reserve Sys-
17 tem and the Federal Reserve banks shall not make
18 any loan, purchase any obligation, asset, security, or
19 other interest, or make any extension of credit
20 through any program or facility established under
21 section 13(3) of the Federal Reserve Act (12 U.S.C.
22 343(3)) in which the Secretary made a loan, loan
23 guarantee, or other investment pursuant to section
24 4003(b)(4), other than a loan submitted, on or be-
25 fore December 14, 2020, to the Main Street Lend-
December 21, 2020 (9:35 a.m.)

542
1 ing Program’s lender portal for the sale of a partici-
2 pation interest in such loan, provided that the Main
3 Street Lending Program purchases a participation
4 interest in such loan on or before January 8, 2021
5 and under the terms and conditions of the Main
6 Street Lending Program as in effect on the date the
7 loan was submitted to the Main Street Lending Pro-
8 gram’s lender portal for the sale of a participation
9 interest in such loan.
10 ‘‘(2) NO MODIFICATION.—After December 31,
11 2020, the Board of Governors of the Federal Re-
12 serve System and the Federal Reserve banks—
13 ‘‘(A) shall not modify the terms and condi-
14 tions of any program or facility established
15 under section 13(3) of the Federal Reserve Act
16 (12 U.S.C. 343(3)) in which the Secretary
17 made a loan, loan guarantee, or other invest-
18 ment pursuant to section 4003(b)(4), including
19 by authorizing transfer of such funds to a new
20 program or facility established under section
21 13(3) of the Federal Reserve Act (12 U.S.C.
22 343(3)); and
23 ‘‘(B) may modify or restructure a loan, ob-
24 ligation, asset, security, other interest, or exten-
December 21, 2020 (9:35 a.m.)

543
1 sion of credit made or purchased through any
2 such program or facility provided that—
3 ‘‘(i) the loan, obligation, asset, secu-
4 rity, other interest, or extension of credit is
5 an eligible asset or for an eligible business,
6 including an eligible nonprofit organiza-
7 tion, each as defined by such program or
8 facility; and
9 ‘‘(ii) the modification or restructuring
10 relates to an eligible asset or single and
11 specific eligible business, including an eligi-
12 ble nonprofit organization, each as defined
13 by such program or facility; and
14 ‘‘(iii) the modification or restructuring
15 is necessary to minimize costs to taxpayers
16 that could arise from a default on the loan,
17 obligation, asset, security, other interest,
18 or extension of credit.
19 ‘‘(3) USE OF FUNDS.—
20 ‘‘(A) IN GENERAL.—Except as provided in

21 subparagraph (B), the Secretary is permitted to
22 use the fund established under section 5302 of
23 title 31, United States Code, for any purpose
24 permitted under that section.
December 21, 2020 (9:35 a.m.)

544
1 ‘‘(B) EXCEPTION.—The fund established
2 under section 5302 of title 31, United States
3 Code, shall not be available for any program or
4 facility established under section 13(3) of the
5 Federal Reserve Act (12 U.S.C. 343(3)) that is
6 the same as any such program or facility in
7 which the Secretary made an investment pursu-
8 ant to section 4003(b)(4), except the Term
9 Asset-Backed Securities Loan Facility.’’.
10 SEC. 1006. RULE OF CONSTRUCTION.
11 Except as expressly set forth in paragraphs (1) and

12 (2) of subsection (c) of section 4029 of the CARES Act,
13 as added by this Act, nothing in this Act shall be con-
14 strued to modify or limit the authority of the Board of
15 Governors of the Federal Reserve System under section
16 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) as
17 of the day before the date of enactment of the CARES
18 Act (Public Law 116–136).
December 21, 2020 (9:35 a.m.)

U:\2021OMNI\14OMNI\DivO-FF.xml SEN. APPRO.
1 DIVISION O—EXTENSIONS AND

2 TECHNICAL CORRECTIONS
3 TITLE I
4 IMMIGRATION EXTENSIONS
5 SEC. 101. Section 401(b) of the Illegal Immigration
6 Reform and Immigrant Responsibility Act of 1996 (8
7 U.S.C. 1324a note) shall be applied by substituting ‘‘Sep-
9 SEC. 102. Subclauses (II) and (III) of section
10 101(a)(27)(C)(ii) of the Immigration and Nationality Act
11 (8 U.S.C. 1101(a)(27)(C)(ii)) shall be applied by sub-
12 stituting ‘‘September 30, 2021’’ for ‘‘September 30,
13 2015’’.
14 SEC. 103. Section 220(c) of the Immigration and Na-
15 tionality Technical Corrections Act of 1994 (8 U.S.C.
16 1182 note) shall be applied by substituting ‘‘September
17 30, 2021’’ for ‘‘September 30, 2015’’.
18 SEC. 104. Section 610(b) of the Departments of
19 Commerce, Justice, and State, the Judiciary, and Related
20 Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note)
21 shall be applied by substituting ‘‘June 30, 2021’’ for
22 ‘‘September 30, 2015’’.
23 SEC. 105. Notwithstanding the numerical limitation
24 set forth in section 214(g)(1)(B) of the Immigration and
December 21, 2020 (7:54 a.m.)

2
1 Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary
2 of Homeland Security, after consultation with the Sec-
3 retary of Labor, and upon the determination that the
4 needs of American businesses cannot be satisfied in fiscal
5 year 2021 with United States workers who are willing,
6 qualified, and able to perform temporary nonagricultural
7 labor, may increase the total number of aliens who may
8 receive a visa under section 101(a)(15)(H)(ii)(b) of such
9 Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year
10 above such limitation by not more than the highest num-
11 ber of H–2B nonimmigrants who participated in the H–
12 2B returning worker program in any fiscal year in which
13 returning workers were exempt from such numerical limi-
14 tation.
15 TITLE II—COMMISSION ON
16 BLACK MEN AND BOYS COR-
17 RECTIONS
18 SEC. 201. TECHNICAL CORRECTIONS TO THE COMMISSION
19 ON THE SOCIAL STATUS OF BLACK MEN AND
20 BOYS ACT.
21 Section 2(b)(3) of the Commission on the Social Sta-

22 tus of Black Men and Boys Act (Public Law 116–156)
23 is amended by striking ‘‘House of Representatives major-
24 ity leader’’ and inserting ‘‘Speaker of the House of Rep-
25 resentatives’’.
December 21, 2020 (7:54 a.m.)

3
1 TITLE III—U.S. CUSTOMS AND
2 BORDER PROTECTION AU-
3 THORITY TO ACCEPT DONA-
4 TIONS EXTENSION
5 SEC. 301. EXTENSION OF U.S. CUSTOMS AND BORDER PRO-
6 TECTION AUTHORITY TO ACCEPT DONA-
7 TIONS.
8 Section 482(b)(4)(A) of the Homeland Security Act

9 of 2002 (6 U.S.C. 301a(b)(4)(A)) is amended by striking
10 ‘‘4 years after December 16, 2016’’ and inserting ‘‘De-
11 cember 16, 2021’’.
12 TITLE IV—LIVESTOCK MANDA-
13 TORY REPORTING EXTEN-
14 SION
15 SEC. 401. MANDATORY LIVESTOCK REPORTING.
16 Section 260 of the Agricultural Marketing Act of

17 1946 (7 U.S.C. 1636i) and section 942 of the Livestock
18 Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note;
19 Public Law 106–78) shall be applied by substituting ‘‘Sep-
December 21, 2020 (7:54 a.m.)

4
1 TITLE V—SOIL HEALTH AND IN-
2 COME PROTECTION PILOT
3 PROGRAM EXTENSION
4 SEC. 501. SOIL HEALTH AND INCOME PROTECTION PILOT
5 PROGRAM MODIFICATION.
6 Section 1231C(b)(2)(B) of the Food Security Act of

7 1985 (16 U.S.C. 3831c(b)(2)(B)) shall be applied by sub-
8 stituting ‘‘September 30, 2021’’ for ‘‘December 31,
9 2020’’.
10 TITLE VI—UNITED STATES-MEX-
11 ICO-CANADA AGREEMENT IM-
12 PLEMENTATION ACT TECH-
13 NICAL CORRECTIONS
14 SEC. 601. TECHNICAL CORRECTIONS TO THE UNITED
15 STATES-MEXICO-CANADA AGREEMENT IM-
16 PLEMENTATION ACT.
17 (a) ENVIRONMENT COOPERATION COMMISSIONS;

18 NORTH AMERICAN DEVELOPMENT BANK.—
19 (1) IN GENERAL.—Section 601 of the United
20 States-Mexico-Canada Agreement Implementation
21 Act (Public Law 116–113; 134 Stat. 78) shall not
22 apply to the provisions specified in paragraph (2)
23 and such provisions shall be restored and revived as
24 if such section had not been enacted.
December 21, 2020 (7:54 a.m.)

5
1 (2) PROVISIONS SPECIFIED.—The provisions
2 specified in this paragraph are the following:
3 (A) Sections 532 and 533 of the North
4 American Free Trade Agreement Implementa-
5 tion Act.
6 (B) Part 2 of subtitle D of title V of such
7 Act (as amended by section 831 of the United
8 States-Mexico-Canada Agreement Implementa-
9 tion Act).
10 (3) NORTH AMERICAN DEVELOPMENT BANK:
11 LIMITATION ON CALLABLE CAPITAL SUBSCRIP-
12 TIONS.—The Secretary of the Treasury may sub-

13 scribe without fiscal year limitation to the callable
14 capital portion of the United States share of capital
15 stock of the North American Development Bank in
16 an amount not to exceed $1,020,000,000. The au-
17 thority in the preceding sentence shall be in addition
18 to any other authority provided by previous Acts.
19 (b) RULES OF ORIGIN.—Section 202 of the United
20 States-Mexico-Canada Agreement Implementation Act (19
21 U.S.C. 4531) is amended—
22 (1) in subsection (c), by adding at the end the
23 following:
24 ‘‘(3) SPECIAL RULE FOR FOREIGN-TRADE
25 ZONES.—Paragraph (1)(B) shall not apply to a good
December 21, 2020 (7:54 a.m.)

6
1 produced in a foreign-trade zone or subzone estab-
2 lished pursuant to the Act of June 18, 1934 (com-
3 monly known as the ‘Foreign Trade Zones Act’) (19
4 U.S.C. 81a et seq.) that is entered for consumption
5 in the customs territory of the United States.’’; and
6 (2) in subsection (f)(2)(E), by striking ‘‘head-
7 ing 1507, 1508,’’ and inserting ‘‘any of headings
8 1501 through 1508’’.
9 (c) DRAWBACKS.—
10 (1) IN GENERAL.—Section 208 of the United
12 Act (19 U.S.C. 4534) is amended by adding at the
14 ‘‘(e) ACTION ON CLAIM.—
15 ‘‘(1) IN GENERAL.—If the Commissioner of
16 U.S. Customs and Border Protection determines
17 that a claim of preferential tariff treatment has been
18 made with respect to an article for which a claim de-
19 scribed in paragraph (2) has been made, the Com-
20 missioner may make such adjustments regarding the
21 previous customs treatment of the article as may be
22 warranted.
23 ‘‘(2) CLAIMS DESCRIBED.—A claim described in
24 this paragraph is a claim for—
December 21, 2020 (7:54 a.m.)

7
1 ‘‘(A) a refund, waiver, or reduction of
2 duty, under any applicable provision of law; or
3 ‘‘(B) a credit against a bond under section
4 312(d)(1) of the Tariff Act of 1930 (19 U.S.C.
5 1312(d)(1)).’’.
6 (2) CONFORMING AMENDMENTS.—
7 (A) TARIFF ACT OF 1930.—The Tariff Act

8 of 1930 is amended—
9 (i) in section 311 (19 U.S.C. 1311),
10 in the 11th undesignated paragraph, by
11 striking ‘‘(subject to section
12 508(b)(2)(B))’’ and inserting ‘‘(subject to
13 section 208(e) of that Act)’’;
14 (ii) in section 312 (19 U.S.C. 1312),
15 by striking ‘‘(subject to section
16 508(b)(2)(B))’’ each place it appears and
17 inserting ‘‘(subject to section 208(e) of
18 that Act)’’;
19 (iii) in section 313(n)(1)(C) (19
20 U.S.C. 1313(n)(1)(C)), by striking ‘‘sec-
21 tion 508(b)(2)(B)’’ and inserting ‘‘section
22 208(e) of that Act’’; and
23 (iv) in section 562(2)(B) (19 U.S.C.
24 1562(2)(B)), in the matter preceding
25 clause (i), by striking ‘‘(subject to section
December 21, 2020 (7:54 a.m.)

8
1 508(b)(2)(B))’’ and inserting ‘‘(subject to
2 section 208(e) of that Act)’’.
3 (B) FOREIGN TRADE ZONES ACT.—Section
4 3(a) of the Act of June 18, 1934 (commonly

5 known as the ‘‘Foreign Trade Zones Act’’) (19
6 U.S.C. 81c(a)) is amended in the seventh pro-
7 viso by striking ‘‘(subject to section
8 508(b)(2)(B) of the Tariff Act of 1930)’’ and
9 inserting ‘‘(subject to section 208(e) of that
10 Act)’’.
11 (d) RETENTION OF RECORDS.—
12 (1) IN GENERAL.—Section 508 of the Tariff
13 Act of 1930 (19 U.S.C. 1508) is amended by insert-
14 ing after subsection (b) the following:
15 ‘‘(c) PERIOD OF TIME.—The records required by sub-
16 section (a) shall be kept for such periods of time as the
17 Secretary shall prescribe, except that—
18 ‘‘(1) no period of time for the retention of the
19 records required under subsection (a) may exceed 5
20 years from the date of entry, filing of a reconcili-
21 ation, or exportation, as appropriate; and
22 ‘‘(2) records for any drawback claim shall be
23 kept until the 3rd anniversary of the date of liquida-
24 tion of the claim.’’.
December 21, 2020 (7:54 a.m.)

9
1 (2) CONFORMING AMENDMENT.—Section
2 313(r)(3)(B) of the Tariff Act of 1930 (19 U.S.C.

3 1313(r)(3)(B)) is amended by striking ‘‘section
4 508(c)(3)’’ and inserting ‘‘section 508(c)(2)’’.
5 (e) RELIQUIDATION OF ENTRIES.—Section 520(d) of
6 the Tariff Act of 1930 (19 U.S.C. 1520(d)) is amended
7 by striking ‘‘(except with respect to any merchandise proc-
8 essing fees)’’.
9 (f) PROTECTIVE ORDERS.—Section 777(f) of the
10 Tariff Act of 1930 (19 U.S.C. 1677f(f)) is amended—
11 (1) in the subsection heading, by striking ‘‘THE
12 THE’’ and inserting ‘‘THE’’; and
13 (2) in paragraph (1), by striking subparagraph
14 (A) and inserting the following:
15 ‘‘(A) IN GENERAL.—If binational panel re-
16 view of a determination under this title is re-
17 quested pursuant to article 1904 of the United
18 States-Canada Agreement or article 10.12 of
19 the USMCA, or an extraordinary challenge
20 committee is convened under Annex 1904.13 of
21 the United States-Canada Agreement or chap-
22 ter 10 of the USMCA, the administering au-
23 thority or the Commission, as appropriate, may
24 make available to authorized persons, under a
25 protective order described in paragraph (2), a
December 21, 2020 (7:54 a.m.)

10
1 copy of all proprietary material in the adminis-
2 trative record made during the proceeding in
3 question. If the administering authority or the
4 Commission claims a privilege as to a document
5 or portion of a document in the administrative
6 record of the proceeding in question and a bina-
7 tional panel or extraordinary challenge com-
8 mittee finds that in camera inspection or lim-
9 ited disclosure of that document or portion
10 thereof is required by United States law, the
11 administering authority or the Commission, as
12 appropriate, may restrict access to such docu-
13 ment or portion thereof to the authorized per-
14 sons identified by the panel or committee as re-
15 quiring access and may require such persons to
16 obtain access under a protective order described
17 in paragraph (2).’’.
18 (g) DISPUTE SETTLEMENT.—The table of contents
19 for the United States-Mexico-Canada Agreement Imple-
20 mentation Act (Public Law 116–113; 134 Stat. 11) is
21 amended by striking the item relating to section 414 and
22 inserting the following:
‘‘Sec. 414. Requests for review of determinations by competent investigating
authorities.’’.
December 21, 2020 (7:54 a.m.)

11
1 (h) EFFECTIVE DATE.—This section and the amend-
2 ments made by this section shall take effect on July 1,
3 2020.
4 SEC. 602. TECHNICAL CORRECTIONS TO OTHER LAWS.
5 (a) AFRICAN GROWTH AND OPPORTUNITY ACT.—

6 The African Growth and Opportunity Act is amended—
7 (1) in section 112 (19 U.S.C. 3721)—
8 (A) in subsection (b)(5)(A), by striking
9 ‘‘Annex 401 to the NAFTA’’ and inserting
10 ‘‘Annex 4–B of the USMCA’’; and
11 (B) in subsection (f), by striking para-
12 graph (3) and inserting the following:
13 ‘‘(3) USMCA.—The term ‘USMCA’ has the
14 meaning given that term in section 3 of the United
16 Act (19 U.S.C. 4502).’’; and
17 (2) in section 113(b) (19 U.S.C. 3722(b))—
20 ‘‘Article 502(1) of the NAFTA’’ and in-
21 serting ‘‘article 5.4.1 of the USMCA’’; and
22 (ii) in subparagraph (B)(i), in the
23 matter following subclause (II), by striking
24 ‘‘chapter 5 of the NAFTA’’ and inserting
25 ‘‘chapter 5 of the USMCA’’; and
December 21, 2020 (7:54 a.m.)

12
1 (B) in paragraph (2), by striking ‘‘Article
2 503 of the NAFTA’’ and inserting ‘‘article 5.5
3 of the USMCA’’.
4 (b) CARIBBEAN BASIN ECONOMIC RECOVERY ACT.—
5 The Caribbean Basin Economic Recovery Act is amend-
6 ed—
7 (1) in section 212(a)(1) (19 U.S.C.
8 2702(a)(1)), by striking subparagraph (D) and in-
9 serting the following:
10 ‘‘(D) The term ‘USMCA’ has the meaning
11 given that term in section 3 of the United States-
12 Mexico-Canada Agreement Implementation Act (19
13 U.S.C. 4502).’’;
14 (2) in section 213(b) (19 U.S.C. 2703(b))—
16 (i) in subparagraph (A)—
17 (I) in clause (v)(I), by striking
18 ‘‘Annex 401 of the NAFTA’’ and in-
19 serting ‘‘Annex 4–B of the USMCA’’;
20 and
21 (II) in clause (vii)(IV)—
22 (aa) by striking ‘‘from a
23 country’’ and inserting the fol-
24 lowing: ‘‘from—
25 ‘‘(aa) a country’’;
December 21, 2020 (7:54 a.m.)

13
1 (bb) by striking the period
2 at the end and inserting ‘‘; or’’;
3 and
4 (cc) by adding at the end
5 the following:
6 ‘‘(bb) a USMCA country (as
7 defined in section 3 of the United
8 States-Mexico-Canada Agreement
9 Implementation Act (19 U.S.C.
10 4502)).’’; and
11 (ii) in subparagraph (C), by striking
12 ‘‘section 2.3(a), (b), or (c) of the Annex or
13 Appendix 3.1.B.11 of the Annex’’ and in-
14 serting ‘‘article 6.2 of the USMCA’’;
15 (B) in paragraph (3)(A)(i), by striking
16 ‘‘Annex 302.2 of the NAFTA’’ and inserting
17 ‘‘Annex 2–B of the USMCA’’;
18 (C) in paragraph (4)—
19 (i) in subparagraph (A)—
20 (I) in clause (i), by striking ‘‘Ar-
21 ticle 502(1) of the NAFTA’’ and in-
22 serting ‘‘article 5.4.1 of the USMCA’’;
23 and
24 (II) in clause (ii)(I), in the mat-
25 ter following item (bb), by striking
December 21, 2020 (7:54 a.m.)

14
1 ‘‘chapter 5 of the NAFTA’’ and in-
2 serting ‘‘chapter 5 of the USMCA’’;
3 and
4 (ii) in subparagraph (B), by striking
5 ‘‘Article 503 of the NAFTA’’ and inserting
6 ‘‘article 5.5 of the USMCA’’; and
7 (D) in paragraph (5)—
9 ‘‘NAFTA’’ and inserting ‘‘North American
10 Free Trade Agreement entered into be-
11 tween the United States, Mexico, and Can-
12 ada on December 17, 1992’’; and
13 (ii) in subparagraph (C), by striking
14 ‘‘NAFTA’’ each place it appears and in-
15 serting ‘‘USMCA’’; and
16 (3) in section 213A(b) (19 U.S.C. 2703a(b))—
17 (A) in paragraph (1)(B)(vii)(I)(aa), by
18 striking ‘‘Annex 401 of the NAFTA’’ and in-
19 serting ‘‘Annex 4–B of the USMCA’’; and
20 (B) in paragraph (5)(A)(i), by striking
21 ‘‘Annex 401 of the NAFTA’’ and inserting
22 ‘‘Annex 4–B of the USMCA’’.
23 (c) TRADE FACILITATION AND TRADE ENFORCE-
24 MENT ACT OF 2015.—Section 403 of the Trade Facilita-
25 tion and Trade Enforcement Act of 2015 (19 U.S.C.
December 21, 2020 (7:54 a.m.)

15
1 4362) is amended by striking ‘‘article 1902 of the North
2 American Free Trade Agreement and section 408 of the
3 North American Free Trade Agreement Implementation
4 Act (19 U.S.C. 3438)’’ and inserting ‘‘article 10.10 of the
5 USMCA (as defined in section 3 of the United States-
6 Mexico-Canada Agreement Implementation Act (19
7 U.S.C. 4502)) and section 418 of the United States-Mex-
8 ico-Canada Agreement Implementation Act (19 U.S.C.
9 4588)’’.
10 (d) TITLE 35, UNITED STATES CODE.—Section 11
11 of title 35, United States Code, is amended—
12 (1) by striking ‘‘The Director’’ and inserting
13 ‘‘(a) IN GENERAL.—The Director’’;
14 (2) by striking ‘‘other than a NAFTA country’’
15 and inserting ‘‘other than a USMCA country’’; and
16 (3) by striking the third sentence and inserting
17 the following:
18 ‘‘(b) DEFINITIONS.—In this section—
19 ‘‘(1) the term ‘USMCA country’ has the mean-
20 ing given that term in section 3 of the United
22 Act (19 U.S.C. 4502); and
23 ‘‘(2) the term ‘WTO member country’ has the
24 meaning given that term in section 2(10) of the
December 21, 2020 (7:54 a.m.)

16
1 Uruguay Round Agreements Act (19 U.S.C.
2 3501(10)).’’.
3 (e) ENERGY POLICY ACT OF 1992.—Section 1011(b)
4 of the Energy Policy Act of 1992 (42 U.S.C. 2296b(b))
5 is amended by striking ‘‘North American Free Trade
6 Agreement’’ and inserting ‘‘USMCA (as defined in section
7 3 of the United States-Mexico-Canada Agreement Imple-
8 mentation Act (19 U.S.C. 4502))’’.
9 (f) TRADE AGREEMENTS ACT OF 1979.—Section
10 493(a)(5)(D) of the Trade Agreements Act of 1979 (19
11 U.S.C. 2578b(a)(5)(D)) is amended by striking ‘‘the
12 NAFTA countries (as defined in section 2(4) of the North
13 American Free Trade Agreement Implementation Act)’’
14 and inserting ‘‘the USMCA countries (as defined in sec-
15 tion 3 of the United States-Mexico-Canada Agreement Im-
16 plementation Act (19 U.S.C. 4502))’’.
17 (g) EFFECTIVE DATE.—This section and the amend-
18 ments made by this section shall take effect on July 1,
19 2020.
20 TITLE VII—DEPUTY ARCHITECT
21 OF THE CAPITOL AMENDMENTS
22 SEC. 701. ARCHITECT OF THE CAPITOL.
23 (a) DELEGATION OF AUTHORITY.—The matter under

24 the heading ‘‘OFFICE OF THE ARCHITECT OF THE CAP-
25 ITOL’’ under the heading ‘‘ARCHITECT OF THE CAP-
December 21, 2020 (7:54 a.m.)

17
1 ITOL’’ of the Legislative Appropriation Act, 1956 (2
2 U.S.C. 1803) is amended by striking ‘‘delegate to the as-
3 sistants’’ and all that follows through ‘‘2003’’ and insert-
4 ing ‘‘delegate the duties and authorities of the Architect
5 to officers and employees of the Office of the Architect
6 of the Capitol, as the Architect determines appropriate’’.
7 (b) DEPUTY ARCHITECT OF THE CAPITOL.—Section
8 1203 of title I of division H of the Consolidated Appro-
9 priations Resolution, 2003 (2 U.S.C. 1805) is amended—
10 (1) in the section heading, by striking ‘‘CAP-
11 ITOL/CHIEF OPERATING OFFICER’’ and inserting
12 ‘‘CAPITOL’’;
13 (2) in subsection (a), by striking ‘‘There shall
14 be’’ and all that follows and inserting ‘‘The Archi-
15 tect of the Capitol shall appoint a suitable individual
16 to be the Deputy Architect of the Capitol. The Ar-
17 chitect may delegate to the Deputy Architect such
18 duties as the Architect determines are necessary or
19 appropriate.’’;
20 (3) by striking subsections (b) through (g);
21 (4) by redesignating subsection (h) as sub-
22 section (b); and
23 (5) by striking subsections (i) and (j).
December 21, 2020 (7:54 a.m.)

18
1 TITLE VIII—PANDEMIC RE-
2 SPONSE ACCOUNTABILITY
3 COMMITTEE AMENDMENTS
4 SEC. 801. AMENDMENTS TO THE PANDEMIC RESPONSE AC-
5 COUNTABILITY COMMITTEE.
6 (a) APPROPRIATIONS.—
7 (1) IN GENERAL.—Title V of division B of the
8 Coronavirus Aid, Relief, and Economic Security Act
9 (Public Law 116–136) is amended in the matter
10 under the heading ‘‘PANDEMIC RESPONSE AC-
11 COUNTABILITY COMMITTEE’’ under the heading
12 ‘‘INDEPENDENT AGENCIES’’ by striking ‘‘funds
13 provided in’’ and inserting ‘‘covered funds and the
14 Coronavirus response as provided in section 15010
15 of’’.
16 (2) EMERGENCY DESIGNATION.—The amounts
17 repurposed in this section that were previously des-
18 ignated by the Congress as an emergency require-
19 ment pursuant to the Balanced Budget and Emer-
22 to section 251(b)(2)(A)(i) of the Balanced Budget
24 (b) DEFINITION OF COVERED FUNDS.—Section
25 15010(a)(6) of division B of the Coronavirus, Aid, Relief,
December 21, 2020 (7:54 a.m.)

19
1 and Economic Security Act (Public Law 116–136) is
2 amended—
3 (1) in subparagraph (A), by striking ‘‘this Act’’
4 and inserting ‘‘the Coronavirus Aid, Relief, and Eco-
5 nomic Security Act (divisions A and B)’’;
6 (2) in subparagraph (C), by striking ‘‘or’’ at
7 the end; and
8 (3) by striking subparagraph (D) and inserting
9 the following:
10 ‘‘(D) the Paycheck Protection Program
11 and Health Care Enhancement Act (Public Law
12 116–139); or
13 ‘‘(E) divisions M and N of the Consoli-
14 dated Appropriations Act, 2021; and’’.
15 TITLE IX—ADJUSTMENT OF STA-
16 TUS FOR LIBERIAN NATION-
17 ALS EXTENSION
18 SEC. 901. EXTENSION OF PERIOD FOR ADJUSTMENT OF
19 STATUS FOR CERTAIN LIBERIAN NATIONALS.
20 Section 7611(b)(1)(A) of the National Defense Au-

22 92) is amended by striking ‘‘1 year’’ and inserting ‘‘2
23 years’’.
December 21, 2020 (7:54 a.m.)

20
1 TITLE X—CLEAN UP THE CODE
2 ACT OF 2019
4 This title may be cited as the ‘‘Clean Up the Code

5 Act of 2019’’.
6 SEC. 1002. REPEALS.
7 The following provisions of title 18, United States

8 Code, are repealed:
9 (1) Section 46 relating to transportation of
10 water hyacinths.
11 (2) Section 511A relating to unauthorized ap-
12 plication of theft prevention decal or device.
13 (3) Section 707 relating to 4–H club emblem
14 fraudulently used.
15 (4) Section 708 relating to Swiss Confederation
16 coat of arms.
17 (5) Section 711 relating to ‘‘Smokey Bear’’
18 character or name.
19 (6) Section 711a relating to ‘‘Woodsy Owl’’
20 character, name, or slogan.
21 (7) Section 715 relating to ‘‘The Golden Eagle
22 Insignia’’.
23 (8) Chapter 89—Professions and Occupations.
24 (9) Section 1921 relating to receiving Federal
25 employees’ compensation after marriage.
December 21, 2020 (7:54 a.m.)

21
1 SEC. 1003. CLERICAL AMENDMENTS.
2 (a) TABLE OF CHAPTERS FOR PART I OF TITLE

3 18.—The table of chapters for part I of title 18, United
4 States Code, is amended by striking the item relating to
5 chapter 89.
6 (b) TABLE OF SECTIONS FOR CHAPTER 3.—The
7 table of sections for chapter 3 of title 18, United States
8 Code, is amended by striking the item relating to section
9 46.
10 (c) TABLE OF SECTIONS FOR CHAPTER 25.—The
13 511A.
14 (d) TABLE OF SECTIONS FOR CHAPTER 33.—The
16 Code, is amended—
17 (1) by striking the item relating to section 707;
20 (4) by striking the item relating to section
21 711a; and
22 (5) by striking the item relating to section 715.
23 (e) TABLE OF SECTIONS FOR CHAPTER 93.—The
26 1921.
December 21, 2020 (7:54 a.m.)

22
1 TITLE XI—AMENDMENTS TO
2 PROVISIONS RELATING TO
3 CHILD CARE CENTERS
4 SEC. 1101. PROVISIONS RELATING TO CHILD CARE CEN-
5 TERS.
6 (a) SENATE EMPLOYEE CHILD CARE CENTER.—Sec-

7 tion 19001 of the Coronavirus Aid, Relief, and Economic
8 Security Act (2 U.S.C. 2063 note) is amended—
9 (1) by striking ‘‘The Secretary’’ and all that
10 follows through ‘‘per month,’’ and inserting the fol-
11 lowing:
12 ‘‘(a) REIMBURSEMENTS.—During the period begin-
13 ning on July 1, 2020 and ending on the termination date
14 of the public health emergency declared pursuant to sec-
15 tion 319 of the Public Health Service Act (42 U.S.C.
16 247d) resulting from the COVID–19 pandemic, the Sec-
17 retary of the Senate shall reimburse the Senate Employee
18 Child Care Center for expenses, due to measures taken
19 in the Capitol complex to combat coronavirus, as cal-
20 culated under subsection (b) and’’; and
22 ‘‘(b) AMOUNT.—The amount of the reimbursement
23 under this section for each month of the period described
24 in subsection (a) shall be equal to the difference between—
25 ‘‘(1) the lesser of—
December 21, 2020 (7:54 a.m.)

23
1 ‘‘(A) the amount of the operating costs (in-
2 cluding payroll, general, and administrative ex-
3 penses) of the Center for such month; or
4 ‘‘(B) $105,000; and
5 ‘‘(2) the amount of tuition payments collected
6 by the Center for such month.’’.
7 (b) LITTLE SCHOLARS CHILD DEVELOPMENT CEN-
8 TER.—Section 19004 of the Coronavirus Aid, Relief, and
9 Economic Security Act (2 U.S.C. 162b note) is amend-
10 ed—
11 (1) by striking ‘‘The Library of Congress’’ and
12 all that follows through ‘‘per month,’’ and inserting
13 the following:
15 ning on the date of enactment of the Consolidated Appro-
16 priations Act, 2021 and ending on the termination date
19 247d) resulting from the COVID–19 pandemic, the Li-
20 brary of Congress shall reimburse the Little Scholars
21 Child Development Center for expenses, due to measures
22 taken in the Capitol complex to combat coronavirus, as
23 calculated under subsection (b) and’’; and
December 21, 2020 (7:54 a.m.)

24
8 ‘‘(B) $118,500; and
11 (3) TINY FINDINGS CHILD DEVELOPMENT CEN-
12 TER.—Section 19009 of the Coronavirus Aid, Relief,

13 and Economic Security Act (Public Law 116–136;
14 134 Stat. 579) is amended—
15 (A) by striking ‘‘The Government’’ and all
16 that follows through ‘‘per month,’’ and insert-
19 ning on the date of enactment of the Consolidated Appro-
20 priations Act, 2021 and ending on the termination date
23 247d) resulting from the COVID–19 pandemic, the Gov-
24 ernment Accountability Office shall reimburse the Tiny
25 Findings Child Development Center for expenses, due to
December 21, 2020 (7:54 a.m.)

25
1 measures taken in the Capitol complex to combat
2 coronavirus, as calculated under subsection (b) and’’; and
11 ‘‘(B) $162,500; and
14 TITLE XII—ALASKA NATIVES
15 EXTENSION
16 SEC. 1201. ALASKA NATIVES.
17 Section 424(a) of the Consolidated Appropriations

18 Act, 2014 (Public Law 113–76), as amended by section
19 428 of the Consolidated Appropriations Act, 2018 (Public
20 Law 115–141), shall be applied by substituting ‘‘October
21 1, 2022’’ for ‘‘October 1, 2019’’.
December 21, 2020 (7:54 a.m.)

26
1 TITLE XIII—OPEN TECHNOLOGY
2 FUND OPPORTUNITY TO CON-
3 TEST PROPOSED DEBARMENT
4 SEC. 1301. OPEN TECHNOLOGY FUND OPPORTUNITY TO
5 CONTEST PROPOSED DEBARMENT.
6 (a) EFFECTIVE DATE.—Section 1299Q of the Wil-

7 liam M. (Mac) Thornberry National Defense Authoriza-
8 tion Act for Fiscal Year 2021 is amended by adding at
10 ‘‘(g) EFFECTIVE DATE.—This section and the
11 amendments made by this section shall take effect on the
12 date that is 90 days after the date of the enactment of
13 this Act.’’.
14 (b) OPEN TECHNOLOGY FUND OPPORTUNITY TO
15 CONTEST PROPOSED DEBARMENT.—Notwithstanding any

16 provision of law or regulation, including section 513.313
17 of title 22, Code of Federal Regulations, in any debarment
18 proceeding concerning the Open Technology Fund that is
19 initiated prior to the date of enactment of this Act, the
20 Open Technology Fund shall have 90 calendar days after
21 receipt of any notice of proposed debarment to submit, in
22 person, in writing, or through a representative, informa-
23 tion and argument in opposition to the proposed debar-
24 ment, before such proposed debarment may proceed to ad-
25 ditional proceedings or decision.
December 21, 2020 (7:54 a.m.)

27
1 TITLE XIV—BUDGETARY
2 EFFECTS
3 SEC. 1401. BUDGETARY EFFECTS.
4 (a) STATUTORY PAYGO SCORECARDS.—The budg-

5 etary effects of division N, this division, and each suc-
6 ceeding division, except for title VIII of division O and
7 title XIII of division FF, shall not be entered on either
8 PAYGO scorecard maintained pursuant to section 4(d) of
9 the Statutory Pay-As-You-Go Act of 2010.
10 (b) SENATE PAYGO SCORECARDS.—The budgetary
11 effects of division N, this division, and each succeeding
12 division, except for title VIII of division O and title XIII
13 of division FF, shall not be entered on any PAYGO score-
14 card maintained for purposes of section 4106 of H. Con.
15 Res. 71 (115th Congress).
16 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—
17 Notwithstanding Rule 3 of the Budget Scorekeeping
18 Guidelines set forth in the joint explanatory statement of
19 the committee of conference accompanying Conference Re-
20 port 105–217 and section 250(c)(8) of the Balanced
21 Budget and Emergency Deficit Control Act of 1985, the
22 budgetary effects of division N, this division, and each suc-
23 ceeding division, except for title VIII of division O and
24 title XIII of division FF, shall not be estimated—
25 (1) for purposes of section 251 of such Act; and
December 21, 2020 (7:54 a.m.)

28
1 (2) for purposes of paragraph (4)(C) of section
2 3 of the Statutory Pay-As-You-Go Act of 2010 as
3 being included in an appropriation Act.
4 (d) BALANCES ON THE PAYGO SCORECARDS.—Ef-
5 fective on the date of the adjournment of the second ses-
6 sion of the 116th Congress, and for the purposes of the
7 annual report issued pursuant to section 5 of the Statu-
8 tory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) after
9 such adjournment and for determining whether a seques-
10 tration order is necessary under such section, the balances
11 on the PAYGO scorecards established pursuant to para-
12 graphs (4) and (5) of section 4(d) of such Act shall be
13 zero.
December 21, 2020 (7:54 a.m.)

29
1 DIVISION P—NATIONAL BIO AND
2 AGRO-DEFENSE FACILITY
3 ACT OF 2020
5 This division may be cited as the ‘‘National Bio and

6 Agro-Defense Facility Act of 2020’’.
8 In this Act:
9 (1) ANIMAL.—The term ‘‘animal’’ has the
10 meaning given the term in section 10403 of the Ani-
11 mal Health Protection Act (7 U.S.C. 8302).
12 (2) TRANSBOUNDARY DISEASE.—The term
13 ‘‘transboundary disease’’ has the meaning given the
14 term in section 12203(a) of the Agriculture Im-
15 provement Act of 2018 (7 U.S.C. 8914(a)).
16 (3) VETERINARY COUNTERMEASURE.—The
17 term ‘‘veterinary countermeasure’’ has the meaning

18 given the term in section 10403 of the Animal
19 Health Protection Act (7 U.S.C. 8302).
20 SEC. 3. NATIONAL BIO AND AGRO-DEFENSE FACILITY.
21 (a) IN GENERAL.—The National Bio and Agro-De-

22 fense Facility shall be a national security laboratory asset
23 to provide integrated research, development, and test and
24 evaluation infrastructure to improve preparedness and re-
25 sponse capabilities to prevent, detect, respond to, or miti-
December 21, 2020 (7:54 a.m.)

30
1 gate harm resulting from animal pests or diseases and
2 zoonotic diseases for the purpose of defending the United
3 States against bio- and agro-threats, whether naturally oc-
4 curring or intentional.
5 (b) MISSION.—Pursuant to subsection (a), the mis-
6 sion of the National Bio and Agro-Defense Facility shall
7 be to protect the food supply, agriculture, and public
8 health of the United States, including by—
9 (1) integrating agricultural, zoonotic disease,
10 and other research, as appropriate;
11 (2) addressing threats from high-consequence
12 zoonotic disease agents, emerging foreign animal dis-
13 eases, and animal transboundary diseases;
14 (3) addressing biological threats;
15 (4) ensuring that research conducted at the Na-
16 tional Bio and Agro-Defense Facility addresses gaps
17 that fall between the ongoing animal and zoonotic
18 disease research efforts across the Federal Govern-
19 ment and does not duplicate those ongoing efforts;
20 (5) facilitating, integrating, and coordinating
21 the development and implementation of the strategic
22 plan for research under section 4(a)(2), relating to
23 protection of the food supply, agriculture, and public
24 health of the United States;
December 21, 2020 (7:54 a.m.)

31
1 (6) providing appropriate education and train-
2 ing to prepare for and respond to bio- and agro-de-
3 fense threats;
4 (7) sharing data and related information with
5 appropriate Federal departments or agencies, as re-
6 quested by the heads of those departments or agen-
7 cies, or as necessary, to support biological material
8 threat assessments; and
9 (8) sharing data and related information, and
10 developing strategic partnerships, to enhance the
11 carrying out of the duties of the National Bio and
12 Agro-Defense Facility for the development of pri-
13 ority zoonotic animal disease diagnostics, vaccines,
14 drugs, and other countermeasures.
15 SEC. 4. EVALUATION AND RESEARCH PLAN.
16 (a) IN GENERAL.—Not less frequently than bienni-

17 ally, the Secretary of Agriculture, in coordination with the
18 Secretary of Homeland Security and the heads of other
19 appropriate Federal departments and agencies, shall—
20 (1) evaluate the work of the National Bio and
21 Agro-Defense Facility;
22 (2) develop, biennially update, and publish a
23 strategic plan for research at the National Bio and
24 Agro-Defense Facility based on priority risk and
25 threat assessments, including strategies to—
December 21, 2020 (7:54 a.m.)

32
1 (A) develop veterinary countermeasures for
2 emerging foreign animal diseases and animal
3 transboundary diseases;
4 (B) provide advanced testing, diagnostic,
5 and evaluation capabilities for threat detection,
6 vulnerability assessments of animal and
7 zoonotic diseases, and veterinary counter-
8 measures for animal and zoonotic diseases;
9 (C) assist, as appropriate, with the devel-
10 opment, and address vulnerability assessments,
11 of the agriculture and food sectors;
12 (D) address gaps in the ongoing animal
13 and zoonotic disease research efforts across the
14 Federal Government, ensuring not to duplicate
15 those ongoing efforts; and
16 (E) be used for such other purposes as the
17 Secretary of Agriculture, in consultation with
18 the Secretary of Homeland Security and the
19 heads of other appropriate Federal departments
20 and agencies, determines to be appropriate; and
21 (3) submit to the Committee on Agriculture,
22 Nutrition, and Forestry of the Senate, the Com-
23 mittee on Homeland Security and Governmental Af-
24 fairs of the Senate, the Committee on Agriculture of
25 the House of Representatives, and the Committee on
December 21, 2020 (7:54 a.m.)

33
1 Homeland Security of the House of Representatives,
2 the strategic plan for research described in para-
3 graph (2).
4 (b) CLASSIFIED INFORMATION.—The strategic plan
5 for research required under subsection (a)(2)—
6 (1) shall be published in an unclassified format
7 that is publicly available;
8 (2) shall be submitted under subsection (a)(3)
9 in unclassified form; and
10 (3) may include in the submission under sub-
11 section (a)(3) a classified annex for any sensitive or
12 classified information, as necessary.
13 SEC. 5. AVAILABILITY OF DATA AND CONGRESSIONAL
14 BRIEFINGS.
15 (a) IN GENERAL.—Every 6 months until the date de-

16 scribed in subsection (b), the Secretary of Agriculture, the
17 Secretary of Homeland Security, and the heads of other
18 appropriate Federal departments and agencies, as appro-
19 priate, shall provide to the Committees on Agriculture,
20 Nutrition, and Forestry and Homeland Security and Gov-
21 ernmental Affairs of the Senate and the Committees on
22 Agriculture and Homeland Security of the House of Rep-
23 resentatives a report and briefing describing—
24 (1) progress under each phase described in the
25 memorandum of agreement entitled ‘‘Memorandum
December 21, 2020 (7:54 a.m.)

34
1 of Agreement Between the U.S. Department of Agri-
2 culture Marketing and Regulatory Programs, the
3 U.S. Department of Agriculture Research, Edu-
4 cation, and Economics, and the Department of
5 Homeland Security Science and Technology Direc-
6 torate’’ and dated June 20, 2019, that is not com-
7 pleted as of the date of enactment of this Act;
8 (2) the status of the actions taken pursuant to
9 the areas of collaborative opportunity and respon-
10 sibilities as described in the memorandum of under-
11 standing entitled ‘‘Memorandum of Understanding
12 Between the U.S. Department of Agriculture Mar-
13 keting and Regulatory Programs, the U.S. Depart-
14 ment of Agriculture Research, Education, and Eco-
15 nomics, and the Department of Homeland Security
16 Science and Technology Directorate for National Bio
17 and Agro-Defense Facility Collaboration’’ and dated
18 January 7, 2020; and
19 (3) the operations and mission of the National
20 Bio and Agro-Defense Facility, including the coordi-
21 nation and carrying out of—
22 (A) the memorandum of agreement and
23 memorandum of understanding described in
24 paragraphs (1) and (2), respectively;
December 21, 2020 (7:54 a.m.)

35
1 (B) any successor memoranda of agree-
2 ment or understanding to the memorandum of
3 agreement and memorandum of understanding
4 described in paragraphs (1) and (2), respec-
5 tively;
6 (C) any similar joint agreement or under-
7 standing between the Department of Agri-
8 culture and the Department of Homeland Secu-
9 rity, or other relevant agencies, that documents
10 the biodefense mission of the National Bio and
11 Agro-Defense Facility; and
12 (D) research, including a description of the
13 users of the National Bio and Agro-Defense
14 Facility.
15 (b) TERMINATION.—The reporting and briefing re-
16 quirements under subsection (a) shall terminate on the
17 date that is 5 years after the date on which the National
18 Bio and Agro-Defense Facility attains full operating capa-
19 bility.
20 SEC. 6. BUDGET AND REPORT.
21 (a) BUDGET.—Concurrently with each budget sub-

22 mission to the Director of the Office of Management and
23 Budget, the Secretary of Agriculture, the Secretary of
24 Homeland Security, and the heads of other appropriate
25 Federal departments and agencies, as required by Home-
December 21, 2020 (7:54 a.m.)

36
1 land Security Presidential Directive 9, shall jointly submit
2 to the Director of the Office of Management and Budget
3 an integrated budget plan for the defense and protection
4 of the food supply of the United States, including the op-
5 eration and use of the National Bio and Agro-Defense Fa-
6 cility.
7 (b) REPORT.—Not later than 60 days after the date
8 on which the budget of the United States Government is
9 submitted by the President under section 1105 of title 31,
10 United States Code, for each fiscal year, the Secretary of
11 Agriculture, the Secretary of Homeland Security, and the
12 heads of other appropriate Federal departments and agen-
13 cies shall jointly submit to Congress a report describing
14 an integrated budget plan described in subsection (a),
15 which shall be consistent with the budget submission of
16 the President under that section for the defense and pro-
17 tection of the food supply of the United States, including
18 the operation and use of the National Bio and Agro-De-
19 fense Facility.
20 SEC. 7. EFFECT ON OTHER AUTHORITIES.
21 Nothing in this Act affects the authority of the Sec-

22 retary of Agriculture or the Secretary of Homeland Secu-
23 rity under any other provision of law or program relating
24 to the protection of food supplies, agriculture, or public
25 health.
December 21, 2020 (7:54 a.m.)

37
1 DIVISION Q—FINANCIAL SERV-
2 ICES PROVISIONS AND INTEL-
3 LECTUAL PROPERTY
4 TITLE I—FINANCIAL SERVICES
5 PROVISIONS
6 SEC. 101. CARBON MONOXIDE ALARMS OR DETECTORS IN
7 FEDERALLY ASSISTED HOUSING.
8 (a) FINDINGS.—Congress finds that—

9 (1) carbon monoxide alarms are not required by
10 federally assisted housing programs, when not re-
11 quired by State or local codes;
12 (2) numerous federally assisted housing resi-
13 dents have lost their lives due to carbon monoxide
14 poisoning;
15 (3) the effects of carbon monoxide poisoning
16 occur immediately and can result in death in a mat-
17 ter of minutes;
18 (4) carbon monoxide exposure can cause perma-
19 nent brain damage, life-threatening cardiac com-
20 plications, fetal death or miscarriage, and death,
21 among other harmful health conditions;
22 (5) carbon monoxide poisoning is especially
23 dangerous for unborn babies, children, elderly indi-
24 viduals, and individuals with cardiovascular disease,
25 among others with chronic health conditions;
December 21, 2020 (7:54 a.m.)

38
1 (6) the majority of the 4,600,000 families re-
2 ceiving Federal housing assistance are families with
3 young children, elderly individuals, or individuals
4 with disabilities, making them especially vulnerable
5 to carbon monoxide poisoning;
6 (7) more than 400 people die and 50,000 addi-
7 tional people visit the emergency room annually as
8 a result of carbon monoxide poisoning;
9 (8) carbon monoxide poisoning is entirely pre-
10 ventable and early detection is possible with the use
11 of carbon monoxide alarms;
12 (9) the Centers for Disease Control and Preven-
13 tion warns that carbon monoxide poisoning is en-
14 tirely preventable and recommends the installation
15 of carbon monoxide alarms;
16 (10) the Office of Lead Hazard Control and
17 Healthy Homes of the Department of Housing and
18 Urban Development recommends the installation of
19 carbon monoxide alarms as a best practice to keep
20 families and individuals safe and to protect health;
21 and
22 (11) in order to safeguard the health and well-
23 being of tenants in federally assisted housing, the
24 Federal Government should consider best practices
December 21, 2020 (7:54 a.m.)

39
1 for primary prevention of carbon monoxide-related
2 incidents.
3 (b) PUBLIC HOUSING, TENANT-BASED ASSISTANCE,
4 AND PROJECT-BASED ASSISTANCE.—The United States
5 Housing Act of 1937 (42 U.S.C. 1437 et seq.) is amend-
6 ed—
7 (1) in section 3(a) (42 U.S.C. 1437a(a)), by
9 ‘‘(8) CARBON MONOXIDE ALARMS.—Each public
10 housing agency shall ensure that carbon monoxide
11 alarms or detectors are installed in each dwelling
12 unit in public housing owned or operated by the
13 public housing agency in a manner that meets or ex-
14 ceeds—
15 ‘‘(A) the standards described in chapters 9
16 and 11 of the 2018 publication of the Inter-
17 national Fire Code, as published by the Inter-
18 national Code Council; or
19 ‘‘(B) any other standards as may be adopt-
20 ed by the Secretary, including any relevant up-
21 dates to the International Fire Code, through a
22 notice published in the Federal Register.’’; and
23 (2) in section 8 (42 U.S.C. 1437f)—
24 (A) by inserting after subsection (i) the
25 following:
December 21, 2020 (7:54 a.m.)

40
1 ‘‘(j) CARBON MONOXIDE ALARMS.—Each owner of a
2 dwelling unit receiving project-based assistance under this
3 section shall ensure that carbon monoxide alarms or detec-
4 tors are installed in the dwelling unit in a manner that
5 meets or exceeds—
6 ‘‘(1) the standards described in chapters 9 and
7 11 of the 2018 publication of the International Fire
8 Code, as published by the International Code Coun-
9 cil; or
10 ‘‘(2) any other standards as may be adopted by
11 the Secretary, including any relevant updates to the
12 International Fire Code, through a notice published
13 in the Federal Register.’’; and
14 (B) in subsection (o), by adding at the end
15 the following:
16 ‘‘(21) CARBON MONOXIDE ALARMS.—Each
17 dwelling unit receiving tenant-based assistance or

18 project-based assistance under this subsection shall
19 have carbon monoxide alarms or detectors installed
20 in the dwelling unit in a manner that meets or ex-
21 ceeds—
December 21, 2020 (7:54 a.m.)

41
4 notice published in the Federal Register.’’.
5 (c) SUPPORTIVE HOUSING FOR THE ELDERLY.—Sec-
6 tion 202(j) of the Housing Act of 1959 (12 U.S.C.
7 1701q(j)) is amended by adding at the end the following:
8 ‘‘(9) CARBON MONOXIDE ALARMS.—Each owner
9 of a dwelling unit assisted under this section shall
10 ensure that carbon monoxide alarms or detectors are
11 installed in the dwelling unit in a manner that meets
12 or exceeds—
21 (d) SUPPORTIVE HOUSING FOR PERSONS WITH DIS-
22 ABILITIES.—Section 811(j) of the Cranston-Gonzalez Na-
23 tional Affordable Housing Act (42 U.S.C. 8013(j)) is
December 21, 2020 (7:54 a.m.)

42
1 ‘‘(7) CARBON MONOXIDE ALARMS.—Each dwell-
2 ing unit assisted under this section shall contain in-
3 stalled carbon monoxide alarms or detectors that
4 meet or exceed—
13 (e) HOUSING OPPORTUNITIES FOR PERSONS WITH
14 AIDS.—Section 856 of the Cranston-Gonzalez National
15 Affordable Housing Act (42 U.S.C. 12905) is amended by
16 adding at the end the following new subsection:
17 ‘‘(i) CARBON MONOXIDE ALARMS.—
18 Each dwelling unit assisted under this sub-

19 title shall contain installed carbon mon-
20 oxide alarms or detectors that meet or ex-
21 ceed—
25 cil; or
December 21, 2020 (7:54 a.m.)

43
2 the Secretary, including any relevant updates to the
3 International Fire Code, through a notice published
4 in the Federal Register.’’.
5 (f) RURAL HOUSING.—Title V of the Housing Act
6 of 1949 (42 U.S.C. 1471 et seq.) is amended—
7 (1) in section 514 (42 U.S.C. 1484), by adding
9 ‘‘(j) Housing and related facilities constructed with
10 loans under this section shall contain installed carbon
11 monoxide alarms or detectors that meet or exceed—
15 cil; or
17 the Secretary, in collaboration with the Secretary of
18 Housing and Urban Development, including any rel-
19 evant updates to the International Fire Code,
20 through a notice published in the Federal Register.’’;
21 and
22 (2) in section 515(m) (42 U.S.C. 1485(m))—
23 (A) by inserting ‘‘(1)’’ before ‘‘The Sec-
24 retary shall establish’’; and
December 21, 2020 (7:54 a.m.)

44
1 ‘‘(2) Housing and related facilities rehabilitated
2 or repaired with amounts received under a loan
3 made or insured under this section shall contain in-
4 stalled carbon monoxide alarms or detectors that
5 meet or exceed—
11 ed by the Secretary, in collaboration with the
12 Secretary of Housing and Urban Development,
13 including any relevant updates to the Inter-
14 national Fire Code, through a notice published
15 in the Federal Register.’’.
16 (g) GUIDANCE.—The Secretary of Housing and
17 Urban Development shall provide guidance to public hous-
18 ing agencies (as defined in section 3(b)(6) of the United
19 States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)) on
20 how to educate tenants on health hazards in the home,
21 including to carbon monoxide poisoning, lead poisoning,
22 asthma induced by housing-related allergens, and other
23 housing-related preventable outcomes, to help advance pri-
24 mary prevention and prevent future deaths and other
25 harms.
December 21, 2020 (7:54 a.m.)

45
1 (h) EFFECTIVE DATE.—The amendments made by
2 subsections (b) through (e) shall take effect on the date
3 that is 2 years after the date of enactment of this Act.
4 (i) AUTHORIZATION OF APPROPRIATIONS.—There is
5 authorized to be appropriated to carry out this section and
6 the amendments made by this section, $101,400,000 per
7 year for each of fiscal years 2021, 2022, and 2023.
8 (j) NO PREEMPTION.—Nothing in the amendments
9 made by this section shall be construed to preempt or limit
10 the applicability of any State or local law relating to the
11 installation and maintenance of carbon monoxide alarms
12 or detectors in housing that requires standards that are
13 more stringent than the standards described in the amend-
14 ments made by this section.
15 (k) STUDY ON INCLUSION OF CARBON MONOXIDE
16 ALARMS OR DETECTORS IN OTHER UNITS.—The Sec-
17 retary of Housing and Urban Development, in consulta-
18 tion with the Consumer Product Safety Commission, shall
19 conduct a study and issue a publicly available report on
20 requiring carbon monoxide alarms or detectors in federally
21 assisted housing that is not covered in the amendments
22 made by this section.
December 21, 2020 (7:54 a.m.)

46
1 SEC. 102. PARTICIPATION OF INDIAN TRIBES AND TRIB-
2 ALLY DESIGNATED HOUSING ENTITIES IN
3 CONTINUUM OF CARE PROGRAM.
4 (a) IN GENERAL.—Title IV of the McKinney-Vento

5 Homeless Assistance Act (42 U.S.C. 11360 et seq.) is
6 amended—
7 (1) in section 401 (42 U.S.C. 11360)—
8 (A) by redesignating paragraphs (10)
9 through (33) as paragraphs (12) through (35),
10 respectively;
11 (B) by redesignating paragraphs (8) and
12 (9) as paragraphs (9) and (10), respectively;
13 (C) by inserting after paragraph (7) the
14 following:
15 ‘‘(8) FORMULA AREA.—The term ‘formula area’
16 has the meaning given the term in section 1000.302
17 of title 24, Code of Federal Regulations, or any suc-
18 cessor regulation.’’;
19 (D) in paragraph (9), as so redesignated,
20 by inserting ‘‘a formula area,’’ after ‘‘non-
21 entitlement area,’’; and
22 (E) by inserting after paragraph (10), as
23 so redesignated, the following:
24 ‘‘(11) INDIAN TRIBE.—The term ‘Indian Tribe’
25 has the meaning given the term ‘Indian tribe’ in sec-
26 tion 4 of the Native American Housing Assistance
December 21, 2020 (7:54 a.m.)

47
1 and Self-Determination Act of 1996 (25 U.S.C.
2 4103).’’; and
3 (2) in subtitle C (42 U.S.C. 11381 et seq.), by
5 ‘‘SEC. 435. INDIAN TRIBES AND TRIBALLY DESIGNATED
6 HOUSING ENTITIES.
7 ‘‘Notwithstanding any other provision of this title, for

8 purposes of this subtitle, an Indian Tribe or tribally des-
9 ignated housing entity (as defined in section 4 of the Na-
10 tive American Housing Assistance and Self-Determination
11 Act of 1996 (25 U.S.C. 4103)) may—
12 ‘‘(1) be a collaborative applicant or eligible enti-
13 ty; or
14 ‘‘(2) receive grant amounts from another entity
15 that receives a grant directly from the Secretary,
16 and use the amounts in accordance with this sub-
17 title.’’.
18 (b) TECHNICAL AND CONFORMING AMENDMENT.—
19 The table of contents in section 101(b) of the McKinney-
20 Vento Homeless Assistance Act (Public Law 100–77; 101
21 Stat. 482) is amended by inserting after the item relating
22 to section 434 the following:
‘‘Sec. 435. Indian Tribes and tribally designated housing entities.’’.
December 21, 2020 (7:54 a.m.)

48
1 SEC. 103. FOSTERING STABLE HOUSING OPPORTUNITIES.
2 (a) DEFINITION OF FAMILY.—Subparagraph (A) of

3 section 3(b)(3) of the United States Housing Act of 1937
4 (42 U.S.C. 1437a(b)(3)(A)) is amended—
5 (1) in the first sentence—
6 (A) by striking ‘‘(v)’’ and inserting ‘‘(vi)’’;
7 and
8 (B) by inserting after ‘‘tenant family,’’ the
9 following: ‘‘(v) a youth described in section
10 8(x)(2)(B),’’; and
11 (2) in the second sentence, by inserting ‘‘or
12 (vi)’’ after ‘‘clause (v)’’.
13 (b) HOUSING CHOICE VOUCHERS FOR FOSTERING
14 STABLE HOUSING OPPORTUNITIES.—
15 (1) ASSISTANCE FOR YOUTH AGING OUT OF
16 FOSTER CARE.—Section 8(x) of the United States

17 Housing Act of 1937 (42 U.S.C. 1437f(x)) is
18 amended—
19 (A) in paragraph (2), by inserting ‘‘subject
20 to paragraph (5),’’ after ‘‘(B)’’;
22 (i) By striking ‘‘(3) ALLOCATION.—
23 The’’ and inserting the following:
24 ‘‘(3) ALLOCATION.—
25 ‘‘(A) IN GENERAL.—The’’; and
December 21, 2020 (7:54 a.m.)

49
2 new subparagraph:
3 ‘‘(B) ASSISTANCE FOR YOUTH AGING OUT
4 OF FOSTER CARE.—Notwithstanding any other

5 provision of law, the Secretary shall, subject
6 only to the availability of funds, allocate such
7 assistance to any public housing agencies that
8 (i) administer assistance pursuant to paragraph
9 (2)(B), or seek to administer such assistance,
10 consistent with procedures established by the
11 Secretary, (ii) have requested such assistance so
12 that they may provide timely assistance to eligi-
13 ble youth, and (iii) have submitted to the Sec-
14 retary a statement describing how the agency
15 will connect assisted youths with local commu-
16 nity resources and self-sufficiency services, to
17 the extent they are available, and obtain refer-
18 rals from public child welfare agencies regard-
19 ing youths in foster care who become eligible
20 for such assistance.’’;
21 (C) by redesignating paragraph (5) as
22 paragraph (6); and
23 (D) by inserting after paragraph (4) the
24 following new paragraph:
December 21, 2020 (7:54 a.m.)

50
1 ‘‘(5) REQUIREMENTS FOR ASSISTANCE FOR
2 YOUTH AGING OUT OF FOSTER CARE.—Assistance
3 provided under this subsection for an eligible youth

4 pursuant to paragraph (2)(B) shall be subject to the
6 ‘‘(A) REQUIREMENTS TO EXTEND ASSIST-
7 ANCE.—
8 ‘‘(i) PARTICIPATION IN FAMILY SELF-
9 SUFFICIENCY.—In the case of a public

10 housing agency that is providing such as-
11 sistance under this subsection on behalf of
12 an eligible youth and that is carrying out
13 a family self-sufficiency program under
14 section 23, the agency shall, subject only
15 to the availability of such assistance, ex-
16 tend the provision of such assistance for
17 up to 24 months beyond the period re-
18 ferred to in paragraph (2)(B), but only
19 during such period that the youth is in
20 compliance with the terms and conditions
21 applicable under section 23 and the regula-
22 tions implementing such section to a per-
23 son participating in a family self-suffi-
24 ciency program.
December 21, 2020 (7:54 a.m.)

51
1 ‘‘(ii) EDUCATION, WORKFORCE DE-
2 VELOPMENT, OR EMPLOYMENT.—In the

3 case of a public housing agency that is
4 providing such assistance under this sub-
5 section on behalf of an eligible youth and
6 that is not carrying out a family self-suffi-
7 ciency program under section 23, or is car-
8 rying out such a program in which the
9 youth has been unable to enroll, the agency
10 shall, subject only to the availability of
11 such assistance, extend the provision of
12 such assistance for two successive 12-
13 month periods, after the period referred to
14 in paragraph (2)(B), but only if for not
15 less than 9 months of the 12-month period
16 preceding each such extension the youth
17 was—
18 ‘‘(I) engaged in obtaining a rec-
19 ognized postsecondary credential or a
20 secondary school diploma or its recog-
21 nized equivalent;
22 ‘‘(II) enrolled in an institution of
23 higher education, as such term is de-
24 fined in section 101(a) of the Higher
25 Education Act of 1965 (20 U.S.C.
December 21, 2020 (7:54 a.m.)

52
1 1001(a)) and including the institu-
2 tions described in subparagraphs (A)
3 and (B) of section 102(a)(1) of such
4 Act (20 U.S.C. 1002(a)(1)); or
5 ‘‘(III) participating in a career
6 pathway, as such term is defined in
7 section 3 of the Workforce Innovation
8 and Opportunity Act (29 U.S.C.
9 3102).
10 Notwithstanding any other provision of
11 this clause, a public housing agency shall
12 consider employment as satisfying the re-
13 quirements under this subparagraph.
14 ‘‘(iii) EXCEPTIONS.—Notwithstanding
15 clauses (i) and (ii), a public housing agen-
16 cy that is providing such assistance under
17 this subsection on behalf of an eligible
18 youth shall extend the provision of such as-
19 sistance for up to 24 months beyond the
20 period referred to in paragraph (2)(B),
21 and clauses (i) and (ii) of this subpara-
22 graph shall not apply, if the eligible youth
23 certifies that he or she is—
24 ‘‘(I) a parent or other household
25 member responsible for the care of a
December 21, 2020 (7:54 a.m.)

53
1 dependent child under the age of 6 or
2 for the care of an incapacitated per-
3 son;
4 ‘‘(II) a person who is regularly
5 and actively participating in a drug
6 addiction or alcohol treatment and re-
7 habilitation program; or
8 ‘‘(III) a person who is incapable
9 of complying with the requirement
10 under clause (i) or (ii), as applicable,
11 due to a documented medical condi-
12 tion.
13 ‘‘(iv) VERIFICATION OF COMPLI-
14 ANCE.—The Secretary shall require the

15 public housing agency to verify compliance
16 with the requirements under this subpara-
17 graph by each eligible youth on whose be-
18 half the agency provides such assistance
19 under this subsection on an annual basis
20 in conjunction with reviews of income for
21 purposes of determining income eligibility
22 for such assistance.
23 ‘‘(B) SUPPORTIVE SERVICES.—
24 ‘‘(i) ELIGIBILITY.—Each eligible

25 youth on whose behalf such assistance
December 21, 2020 (7:54 a.m.)

54
1 under this subsection is provided shall be
2 eligible for any supportive services (as such
3 term is defined in section 3 of the Work-
4 force Innovation and Opportunity Act (29
5 U.S.C. 3102)) made available, in connec-
6 tion with any housing assistance program
7 of the agency, by or through the public
8 housing agency providing such assistance.
9 ‘‘(ii) INFORMATION.—Upon the initial
10 provision of such assistance under this
11 subsection on behalf of any eligible youth,
12 the public housing agency shall inform
13 such eligible youth of the existence of any
14 programs or services referred to in clause
15 (i) and of their eligibility for such pro-
16 grams and services.
17 ‘‘(C) APPLICABILITY TO MOVING TO WORK
18 AGENCIES.—Notwithstanding any other provi-

19 sion of law, the requirements of this paragraph
20 shall apply to assistance under this subsection
21 pursuant to paragraph (2)(B) made available
22 by each public housing agency participating in
23 the Moving to Work Program under section 204
24 of the Departments of Veterans Affairs and
25 Housing and Urban Development, and Inde-
December 21, 2020 (7:54 a.m.)

55
1 pendent Agencies Appropriations Act, 1996 (42
2 U.S.C. 1437f note), except that in lieu of com-
3 pliance with clause (i) or (ii) of subparagraph
4 (A) of this paragraph, such an agency may
5 comply with the requirements under such
6 clauses by complying with such terms, condi-
7 tions, and requirements as may be established
8 by the agency for persons on whose behalf such
9 rental assistance under this subsection is pro-
10 vided.
11 ‘‘(D) TERMINATION OF VOUCHERS UPON
12 TURN-OVER.—A public housing agency shall not

13 reissue any such assistance made available from
14 appropriated funds when assistance for the
15 youth initially assisted is terminated, unless
16 specifically authorized by the Secretary.
17 ‘‘(E) REPORTS.—
18 ‘‘(i) IN GENERAL.—The Secretary
19 shall require each public housing agency
20 that provides such assistance under this
21 subsection in any fiscal year to submit a
22 report to the Secretary for such fiscal year
23 that—
24 ‘‘(I) specifies the number of per-
25 sons on whose behalf such assistance
December 21, 2020 (7:54 a.m.)

56
1 under this subsection was provided
2 during such fiscal year;
3 ‘‘(II) specifies the number of per-
4 sons who applied during such fiscal
5 year for such assistance under this
6 subsection, but were not provided
7 such assistance, and provides a brief
8 identification in each instance of the
9 reason why the public housing agency
10 was unable to award such assistance;
11 and
12 ‘‘(III) describes how the public
13 housing agency communicated or col-
14 laborated with public child welfare
15 agencies to collect such data.
16 ‘‘(ii) INFORMATION COLLECTIONS.—
17 The Secretary shall, to the greatest extent

18 possible, utilize existing information collec-
19 tions, including the voucher management
20 system (VMS), the Inventory Management
21 System/PIH Information Center (IMS/
22 PIC), or the successors of those systems,
23 to collect information required under this
24 subparagraph.
December 21, 2020 (7:54 a.m.)

57
1 ‘‘(F) CONSULTATION.—The Secretary shall
2 consult with the Secretary of Health and
3 Human Services to provide such information
4 and guidance to the Secretary of Health and
5 Human Services as may be necessary to facili-
6 tate such Secretary in informing States and
7 public child welfare agencies on how to correctly
8 and efficiently implement and comply with the
9 requirements of this subsection relating to as-
10 sistance provided pursuant to paragraph
11 (2)(B).’’.
12 (2) APPLICABILITY TO FOSTERING STABLE
13 HOUSING OPPORTUNITIES PROGRAM.—Subparagraph
14 (A) of section 8(x)(4) of the United States Housing

15 Act of 1937 (42 U.S.C. 1437f(x)(4)(A)) is amended
16 by inserting before the semicolon at the end the fol-
17 lowing: ‘‘and establishing a point of contact at public
18 housing agencies to ensure that public housing agen-
19 cies receive appropriate referrals regarding eligible
20 recipients’’.
21 (3) PHA ADMINISTRATIVE FEES.—Subsection
22 (q) of section 8 of the United States Housing Act

23 of 1937 (42 U.S.C. 1437f(q)) is amended by adding
24 at the end the following new paragraph:
December 21, 2020 (7:54 a.m.)

58
1 ‘‘(5) SUPPLEMENTS FOR ADMINISTERING AS-
2 SISTANCE FOR YOUTH AGING OUT OF FOSTER
3 CARE.—The Secretary may provide supplemental

4 fees under this subsection to the public housing
5 agency for the cost of administering any assistance
6 for foster youth under subsection (x)(2)(B), in an
7 amount determined by the Secretary, but only if the
8 agency waives for such eligible youth receiving as-
9 sistance any residency requirement that it has other-
10 wise established pursuant to subsection
11 (r)(1)(B)(i).’’.
12 (c) EXCEPTIONS TO LIMITATIONS FOR PROJECT-
13 BASED VOUCHER ASSISTANCE.—
14 (1) PERCENTAGE LIMITATION.—The first sen-
15 tence of clause (ii) of section 8(o)(13)(B) of the
16 United States Housing Act of 1937 (42 U.S.C.
17 1437f(o)(13)(B)(ii)), as amended by section
18 106(a)(2) of the Housing Opportunity Through
19 Modernization Act of 2016 (Public Law 114-201), is
20 further amended by inserting before ‘‘or that’’ the
21 following: ‘‘that house eligible youths receiving as-
22 sistance pursuant to subsection (x)(2)(B),’’.
23 (2) INCOME-MIXING REQUIREMENT.—Subclause
24 (I) of section 8(o)(13)(D)(ii) of the United States

25 Housing Act of 1937 (42 U.S.C.
December 21, 2020 (7:54 a.m.)

59
1 1437f(o)(13)(D)(ii)(I)), as amended by section
2 106(a)(3) of the Housing Opportunity Through
3 Modernization Act of 2016 (Public Law 114-201), is
4 further amended by inserting after ‘‘elderly families’’
5 the following: ‘‘, to eligible youths receiving assist-
6 ance pursuant to subsection (x)(2)(B),’’.
7 (d) APPLICABILITY.—The amendments made by this
8 section shall not apply to housing choice voucher assist-
9 ance made available pursuant to section 8(x) of the United
10 States Housing Act of 1937 (42 U.S.C. 1437f(x)) that is
11 in use on behalf of an assisted family as of the date of
12 the enactment of this Act.
13 SEC. 104. HOMELESS ASSISTANCE GRANTS.
14 (a) RENEWAL OF CONTINUUM OF CARE

15 PROJECTS.—In allocating and awarding amounts pro-
16 vided for the Continuum of Care program under subtitle
17 C of title IV of the McKinney-Vento Homeless Assistance
18 Act (42 U.S.C. 11381 et seq.), the Secretary of Housing
19 and Urban Development shall renew for one 12-month pe-
20 riod, without additional competition, all projects with ex-
21 isting grants expiring during calendar year 2021, includ-
22 ing youth homelessness demonstration projects and shelter
23 plus care projects expiring during calendar year 2021, not-
24 withstanding any inconsistent provisions in subtitle C of
December 21, 2020 (7:54 a.m.)

60
1 title IV of the McKinney-Vento Homeless Assistance Act
2 or any other Act.
3 (b) PLANNING AND UNIFIED FUNDING AGENCY
4 AWARDS.—Continuum of Care planning and Unified
5 Funding Agency awards expiring in calendar year 2021
6 may also be renewed and the Continuum of Care may des-
7 ignate a new collaborative applicant to receive the award
8 in accordance with the existing process established by the
9 Secretary of Housing and Urban Development.
10 (c) NOTICE.—The Secretary of Housing and Urban
11 Development shall publish a notice that identifies and lists
12 all projects and awards eligible for such noncompetitive
13 renewal, prescribes the format and process by which the
14 projects and awards from the list will be renewed, makes
15 adjustments to the renewal amount based on changes to
16 the fair market rent, and establishes a maximum amount
17 for the renewal of planning and Unified Funding Agency
18 awards notwithstanding the requirement that such max-
19 imum amount be established in a notice of funding avail-
20 ability.
21 SEC. 105. IMPROVEMENTS TO LOAN GUARANTEES FOR IN-
22 DIAN HOUSING.
23 (a) FINDINGS.—Congress finds that—

24 (1) the extended timelines for approving lend-
25 ers’ applications to participate in the program estab-
December 21, 2020 (7:54 a.m.)

61
1 lished under section 184 of the Housing and Com-
2 munity Development Act of 1992 (12 U.S.C. 1715z–
3 13a) are unacceptably long;
4 (2) those extended timelines inhibit the ability
5 of lenders to provide needed mortgage loans on Na-
6 tive American reservations; and
7 (3) it can take a significant amount of time for
8 certain Bureau of Indian Affairs Land Title and
9 Records Offices to issue final certified title status re-
10 ports for mortgages issued on Indian trust land
11 under section 184 of the Housing and Community
12 Development Act of 1992 (12 U.S.C. 1715z–13a),
13 which delays the guarantee of the loan by the De-
14 partment of Housing and Urban Development.
15 (b) DOCUMENTATION REQUIRED FOR INDIAN TRUST
16 LAND.—Section 184(c) of the Housing and Community
17 Development Act of 1992 (12 U.S.C. 1715z–13a(c)) is
19 ‘‘(5) TRAILING DOCUMENTS.—
20 ‘‘(A) IN GENERAL.—The Secretary may

21 issue a certificate of guarantee under this sub-
22 section for a loan involving a security interest
23 in Indian trust land before the Secretary re-
24 ceives the trailing documents required by the
25 Secretary from the Bureau of Indian Affairs,
December 21, 2020 (7:54 a.m.)

62
1 including the final certified title status report
2 showing the recordation by the Bureau of In-
3 dian Affairs of the mortgage relating to the
4 loan, if the originating lender agrees to indem-
5 nify the Secretary for any losses that may re-
6 sult when—
7 ‘‘(i) a claim payment is presented to
8 the Secretary due to the default of the bor-
9 rower on the loan; and
10 ‘‘(ii) the required trailing documents
11 are outstanding.
12 ‘‘(B) TERMINATION OF INDEMNIFICATION
13 AGREEMENT.—An indemnification agreement

14 between an originating lender and the Secretary
15 described in subparagraph (A) shall only termi-
16 nate upon receipt by the Secretary of the trail-
17 ing documents described in that subparagraph
18 in a form and manner that is acceptable to the
19 Secretary.
20 ‘‘(C) RULE OF CONSTRUCTION.—Nothing
21 in this paragraph shall be construed as author-

22 izing the Bureau of Indian Affairs to delay the
23 issuance of a final certified title status report
24 and recorded mortgage relating to a loan closed
25 on Indian trust land.’’.
December 21, 2020 (7:54 a.m.)

63
1 (c) REPORTING.—The Secretary of Housing and
2 Urban Development shall—
3 (1) report to the Committee on Banking, Hous-
4 ing, and Urban Affairs and the Committee on In-
5 dian Affairs of the Senate and the Committee on Fi-
6 nancial Services and the Committee on Natural Re-
7 sources of the House of Representatives on a semi-
8 annual basis on the progress that the Secretary is
9 making to accelerate the processing of loan applica-
10 tions on fee simple and Indian trust land under sec-
11 tion 184 of the Housing and Community Develop-
12 ment Act of 1992 (12 U.S.C. 1715z–13a); and
13 (2) if there is no improvement in accelerating
14 those processing timelines, submit to the committees
15 described in paragraph (1) a report explaining the
16 lack of improvement.
17 SEC. 106. STUDY ON THE PROVISION OF AND RELIANCE
18 UPON INVESTMENT RESEARCH INTO SMALL
19 ISSUERS.
20 (a) STUDY REQUIRED.—The Securities and Ex-

21 change Commission shall conduct a study to evaluate the
22 issues affecting the provision of and reliance upon invest-
23 ment research into small issuers, including emerging
24 growth companies and companies considering initial public
25 offerings.
December 21, 2020 (7:54 a.m.)

64
1 (b) CONTENTS OF STUDY.—The study required
2 under subsection (a) shall consider—
3 (1) factors related to the demand for such re-
4 search by institutional and retail investors;
5 (2) the availability of such research, includ-
6 ing—
7 (A) the number and types of firms who
8 provide such research;
9 (B) the volume of such research over time;
10 and
11 (C) competition in the research market;
12 (3) conflicts of interest relating to the produc-
13 tion and distribution of investment research;
14 (4) the costs of such research;
15 (5) the impacts of different payment mecha-
16 nisms for investment research into small issuers, in-
17 cluding whether such research is paid for by—
18 (A) hard-dollar payments from research
19 clients;
20 (B) payments directed from the client’s
21 commission income (i.e., ‘‘soft dollars’’); or
22 (C) payments from the issuer that is the
23 subject of such research;
December 21, 2020 (7:54 a.m.)

65
1 (6) any unique challenges faced by minority-
2 owned, women-owned, and veteran-owned small
3 issuers in obtaining research coverage; and
4 (7) the impact on the availability of research
5 coverage for small issuers due to—
6 (A) investment adviser concentration and
7 consolidation, including any potential impacts of
8 fund-size on demand for investment research of
9 small issuers;
10 (B) broker and dealer concentration and
11 consolidation, including any relationships be-
12 tween the size of the firm and allocation of re-
13 sources for investment research into small
14 issuers;
15 (C) Securities and Exchange Commission
16 rules;
17 (D) registered national securities associa-
18 tion rules;
19 (E) State and Federal liability concerns;
20 (F) the settlement agreements referenced
21 in Securities and Exchange Commission Litiga-
22 tion Release No. 18438 (i.e., the ‘‘Global Re-
23 search Analyst Settlement’’); and
24 (G) Directive 2014/65/EU of the European
25 Parliament and of the Council of 15 May 2014
December 21, 2020 (7:54 a.m.)

66
1 on markets in financial instruments and
2 amending Directive 2002/92/EC and Directive
3 2011/61/EU, as implemented by the European
4 Union (‘‘EU’’) member states (‘‘MiFID II’’).
5 (c) REPORT REQUIRED.—Not later than 180 days
6 after the date of the enactment of this Act, the Securities
7 and Exchange Commission shall submit to Congress a re-
8 port that includes—
9 (1) the results of the study required by sub-
10 section (a); and
11 (2) recommendations to increase the demand
12 for, volume of, and quality of investment research
13 into small issuers, including emerging growth com-
14 panies and companies considering initial public of-
15 ferings.
16 SEC. 107. STUDY ON THRESHOLD LIMITS APPLICABLE TO
17 DIVERSIFIED COMPANIES.
18 (a) IN GENERAL.—The Securities and Exchange

19 Commission shall carry out a study of the 10 per centum
20 threshold limitation applicable to the definition of a diver-
21 sified company under section 5(b)(1) of the Investment
22 Company Act of 1940 (15 U.S.C. 80a–5(b)(1)) and deter-
23 mine the impacts of such threshold limits upon the protec-
24 tion of investors, efficiency, competition, and capital for-
25 mation.
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67
1 (b) CONSIDERATIONS.—In carrying out the study re-
2 quired under subsection (a), the Commission shall con-
3 sider the following:
4 (1) The size and number of diversified compa-
5 nies that are currently restricted in their ability to
6 own more than 10 percent of the voting shares in an
7 individual company.
8 (2) How the investing preferences of diversified
9 companies have shifted over time with respect to
10 companies with smaller market capitalizations and
11 companies in industries where competition may be
12 limited.
13 (3) The expected impact to small and emerging
14 growth companies regarding the availability of cap-
15 ital, related impacts on investor confidence and risk,
16 and impacts on competition, if the threshold is in-
17 creased or otherwise changed.
18 (4) The ability of registered funds to manage li-
19 quidity risk.
20 (5) Any other consideration that the Commis-
21 sion considers necessary and appropriate for the pro-
22 tection of investors.
23 (c) SOLICITATION OF PUBLIC COMMENTS.—In car-
24 rying out the study required under subsection (a), the
25 Commission may solicit public comments.
December 21, 2020 (7:54 a.m.)

68
1 (d) REPORT.—Not later than the end of the 180-day
2 period beginning on the date of enactment of this Act, the
3 Commission shall issue a report to the Congress, and
4 make such report publicly available on the website of the
5 Commission, containing—
6 (1) all findings and determinations made in car-
7 rying out the study required under subsection (a);
8 and
9 (2) any legislative recommendations of the
10 Commission.
11 SEC. 108. CYBERSECURITY AND FINANCIAL SYSTEM RESIL-
12 IENCE REPORT.
13 (a) IN GENERAL.—Not later than the end of the 180-

14 day period beginning on the date of enactment of this Act,
15 and annually thereafter, each banking regulator shall sub-
16 mit a report to the Committee on Financial Services of
17 the House of Representatives and the Committee on
18 Banking, Housing, and Urban Affairs of the Senate that
19 provides a detailed explanation of measures undertaken to
20 strengthen cybersecurity within the financial services sec-
21 tor and with respect to the functions of the regulator, in-
22 cluding the supervision and regulation of financial institu-
23 tions and, where applicable, third-party service providers.
24 Each such report shall specifically include a detailed anal-
25 ysis of—
December 21, 2020 (7:54 a.m.)

69
1 (1) policies and procedures (including those de-
2 scribed under section 3554(b) of title 44, United
3 States Code) to detect, defend against, and respond
4 to—
5 (A) efforts to deny access to or degrade,
6 disrupt, or destroy any information and com-
7 munications technology system or network, or
8 exfiltrate information from such a system or
9 network without authorization;
10 (B) destructive malware attacks;
11 (C) denial of service activities; and
12 (D) any other efforts that may threaten
13 the functions of the banking regulator or enti-
14 ties overseen by the regulator by undermining
15 cybersecurity and the resilience of the financial
16 system;
17 (2) activities to ensure the effective implemen-
18 tation of policies and procedures described under
19 paragraph (1), including—
20 (A) the appointment of qualified staff, the
21 provision of staff training, the use of account-
22 ability measures to support staff performance,
23 and the designation, if any, of senior appointed
24 leadership to strengthen accountability for over-
December 21, 2020 (7:54 a.m.)

70
1 sight of cybersecurity measures within each
2 banking regulator and among regulated entities;
3 (B) deployment of adequate resources and
4 technologies;
5 (C) efforts of the banking regulators to re-
6 spond to cybersecurity-related findings and rec-
7 ommendations of the Inspector General of the
8 banking regulator or the independent evaluation
9 described under section 3555 of title 42, United
10 States Code;
11 (D) industry efforts to respond to cyberse-
12 curity-related findings and recommendations of
13 the banking regulators;
14 (E) as appropriate, efforts to strengthen
15 cybersecurity in coordination with other Federal
16 departments and agencies, domestic and foreign
17 financial institutions, and other partners, in-
18 cluding the development and dissemination of
19 best practices regarding cybersecurity and the
20 sharing of threat information; and
21 (3) any current or emerging threats that are
22 likely to pose a risk to the resilience of the financial
23 system.
December 21, 2020 (7:54 a.m.)

71
1 (b) FORM OF REPORT.—The report required under
2 subsection (a) shall be submitted in unclassified form, but
3 may include a classified annex, if appropriate.
4 (c) CONGRESSIONAL BRIEFING.—Upon request, the
5 head of each banking regulator shall provide a detailed
6 briefing to the appropriate Members of Congress on each
7 report submitted pursuant to subsection (a), except—
8 (1) the Chairman of the Board of Governors of
9 the Federal Reserve System may designate another
10 member of the Board of Governors of the Federal
11 Reserve System to provide such briefing;
12 (2) the Chairperson of the Federal Deposit In-
13 surance Corporation may designate another member
14 of the Board of Directors of the Corporation to pro-
15 vide such briefing; and
16 (3) the Chairman of the National Credit Union
17 Administration may designate another member of
18 the National Credit Union Administration Board to
19 provide such briefing.
20 (d) DEFINITIONS.—For the purposes of this section:
21 (1) APPROPRIATE MEMBERS OF CONGRESS.—
22 The term ‘‘appropriate Members of Congress’’

23 means the following:
December 21, 2020 (7:54 a.m.)

72
1 (A) The Chairman and Ranking Member
2 of the Committee on Financial Services of the
3 House of Representatives.
4 (B) The Chairman and Ranking Member
5 of the Committee on Banking, Housing, and
6 Urban Affairs of the Senate.
7 (2) BANKING REGULATOR.—The term ‘‘banking
8 regulator’’ means the Board of Governors of the
9 Federal Reserve System, the Comptroller of the Cur-
10 rency, the Federal Deposit Insurance Corporation,
11 and the National Credit Union Administration.
12 (3) SENIOR APPOINTED LEADERSHIP.—With
13 respect to a banking regulator, the term ‘‘senior ap-

14 pointed leadership’’ means a position that requires
15 Senate confirmation.
16 (e) SUNSET.—The provisions of this section shall
17 have no force or effect on or after the date that is 7 years
18 after the date of enactment of this Act.
19 TITLE II—INTELLECTUAL
20 PROPERTY
21 Subtitle A—Copyrights
22 SEC. 211. UNAUTHORIZED STREAMING.
23 (a) AMENDMENT.—Chapter 113 of title 18, United

24 States Code, is amended by inserting after section 2319B
25 the following:
December 21, 2020 (7:54 a.m.)

73
1 ‘‘§ 2319C. Illicit digital transmission services
2 ‘‘(a) DEFINITIONS.—In this section—
3 ‘‘(1) the terms ‘audiovisual work’, ‘computer
4 program’, ‘copies’, ‘copyright owner’, ‘digital trans-
5 mission’, ‘financial gain’, ‘motion picture’, ‘motion
6 picture exhibition facility’, ‘perform’, ‘phonorecords’,
7 ‘publicly’ (with respect to performing a work),
8 ‘sound recording’, and ‘transmit’ have the meanings
9 given those terms in section 101 of title 17;
10 ‘‘(2) the term ‘digital transmission service’
11 means a service that has the primary purpose of
12 publicly performing works by digital transmission;
13 ‘‘(3) the terms ‘publicly perform’ and ‘public
14 performance’ refer to the exclusive rights of a copy-
15 right owner under paragraphs (4) and (6) of section
16 106 (relating to exclusive rights in copyrighted
17 works) of title 17, as limited by sections 107
18 through 122 of title 17; and
19 ‘‘(4) the term ‘work being prepared for com-
20 mercial public performance’ means—
21 ‘‘(A) a computer program, a musical work,
22 a motion picture or other audiovisual work, or
23 a sound recording, if, at the time of unauthor-
24 ized public performance—
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74
1 ‘‘(i) the copyright owner has a reason-
2 able expectation of commercial public per-
3 formance; and
4 ‘‘(ii) the copies or phonorecords of the
5 work have not been commercially publicly
6 performed in the United States by or with
7 the authorization of the copyright owner;
8 or
9 ‘‘(B) a motion picture, if, at the time of
10 unauthorized public performance, the motion
11 picture—
12 ‘‘(i)(I) has been made available for
13 viewing in a motion picture exhibition facil-
14 ity; and
15 ‘‘(II) has not been made available in
16 copies for sale to the general public in the
17 United States by or with the authorization
18 of the copyright owner in a format in-
19 tended to permit viewing outside a motion
20 picture exhibition facility; or
21 ‘‘(ii) had not been commercially pub-
22 licly performed in the United States by or
23 with the authorization of the copyright
24 owner more than 24 hours before the un-
25 authorized public performance.
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75
1 ‘‘(b) PROHIBITED ACT.—It shall be unlawful for a
2 person to willfully, and for purposes of commercial advan-
3 tage or private financial gain, offer or provide to the public
4 a digital transmission service that—
5 ‘‘(1) is primarily designed or provided for the
6 purpose of publicly performing works protected
7 under title 17 by means of a digital transmission
8 without the authority of the copyright owner or the
9 law;
10 ‘‘(2) has no commercially significant purpose or
11 use other than to publicly perform works protected
12 under title 17 by means of a digital transmission
13 without the authority of the copyright owner or the
14 law; or
15 ‘‘(3) is intentionally marketed by or at the di-
16 rection of that person to promote its use in publicly
17 performing works protected under title 17 by means
18 of a digital transmission without the authority of the
19 copyright owner or the law.
20 ‘‘(c) PENALTIES.—Any person who violates sub-
21 section (b) shall be, in addition to any penalties provided
22 for under title 17 or any other law—
23 ‘‘(1) fined under this title, imprisoned not more
24 than 3 years, or both;
December 21, 2020 (7:54 a.m.)

76
2 than 5 years, or both, if—
3 ‘‘(A) the offense was committed in connec-
4 tion with 1 or more works being prepared for
5 commercial public performance; and
6 ‘‘(B) the person knew or should have
7 known that the work was being prepared for
8 commercial public performance; and
10 than 10 years, or both, if the offense is a second or
11 subsequent offense under this section or section
12 2319(a).
13 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
14 tion shall be construed to—
15 ‘‘(1) affect the interpretation of any other pro-
16 vision of civil copyright law, including the limitations
17 of liability set forth in section 512 of title 17, or
18 principles of secondary liability; or
19 ‘‘(2) prevent any Federal or State authority
20 from enforcing cable theft or theft of service laws
21 that are not subject to preemption under section 301
22 of title 17.’’.
23 (b) TABLE OF SECTIONS AMENDMENT.—The table of
24 section for chapter 113 of title 18, United States Code,
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77
1 is amended by inserting after the item relating to section
2 2319B the following:
‘‘2319C. Illicit digital transmission services.’’.
3 SEC. 212. COPYRIGHT SMALL CLAIMS.
4 (a) SHORT TITLE.—This section may be cited as the

5 ‘‘Copyright Alternative in Small-Claims Enforcement Act
6 of 2020’’ or the ‘‘CASE Act of 2020’’.
7 (b) AMENDMENT.—Title 17, United States Code, is
9 ‘‘CHAPTER 15—COPYRIGHT SMALL
10 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.
11 ‘‘§ 1501. Definitions

12 ‘‘In this chapter—
13 ‘‘(1) the term ‘claimant’ means the real party
14 in interest that commences a proceeding before the
15 Copyright Claims Board under section 1506(e), pur-
16 suant to a permissible claim of infringement brought
17 under section 1504(c)(1), noninfringement brought
18 under section 1504(c)(2), or misrepresentation
19 brought under section 1504(c)(3);
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78
1 ‘‘(2) the term ‘counterclaimant’ means a re-
2 spondent in a proceeding before the Copyright
3 Claims Board that—
4 ‘‘(A) asserts a permissible counterclaim
5 under section 1504(c)(4) against the claimant
6 in the proceeding; and
7 ‘‘(B) is the real party in interest with re-
8 spect to the counterclaim described in subpara-
9 graph (A);
10 ‘‘(3) the term ‘party’—
11 ‘‘(A) means a party; and
12 ‘‘(B) includes the attorney of a party, as
13 applicable; and
14 ‘‘(4) the term ‘respondent’ means any person
15 against whom a proceeding is brought before the
16 Copyright Claims Board under section 1506(e), pur-
17 suant to a permissible claim of infringement brought
18 under section 1504(c)(1), noninfringement brought
19 under section 1504(c)(2), or misrepresentation
20 brought under section 1504(c)(3).
21 ‘‘§ 1502. Copyright Claims Board
22 ‘‘(a) IN GENERAL.—There is established in the Copy-
23 right Office the Copyright Claims Board, which shall serve
24 as an alternative forum in which parties may voluntarily
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79
1 seek to resolve certain copyright claims regarding any cat-
2 egory of copyrighted work, as provided in this chapter.
3 ‘‘(b) OFFICERS AND STAFF.—
4 ‘‘(1) COPYRIGHT CLAIMS OFFICERS.—The Reg-
5 ister of Copyrights shall recommend 3 full-time
6 Copyright Claims Officers to serve on the Copyright
7 Claims Board in accordance with paragraph (3)(A).
8 The Officers shall be appointed by the Librarian of
9 Congress to such positions after consultation with
10 the Register of Copyrights.
11 ‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—The
12 Register of Copyrights shall hire not fewer than 2

13 full-time Copyright Claims Attorneys to assist in the
14 administration of the Copyright Claims Board.
15 ‘‘(3) QUALIFICATIONS.—
16 ‘‘(A) COPYRIGHT CLAIMS OFFICERS.—
17 ‘‘(i) IN GENERAL.—Each Copyright

18 Claims Officer shall be an attorney who
19 has not fewer than 7 years of legal experi-
20 ence.
21 ‘‘(ii) EXPERIENCE.—Two of the Copy-
22 right Claims Officers shall—
23 ‘‘(I) have substantial experience
24 in the evaluation, litigation, or adju-
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80
1 dication of copyright infringement
2 claims; and
3 ‘‘(II) between those 2 Officers,
4 have represented or presided over a
5 diversity of copyright interests, includ-
6 ing those of both owners and users of
7 copyrighted works.
8 ‘‘(iii) ALTERNATIVE DISPUTE RESOLU-
9 TION.—The Copyright Claims Officer not

10 described in clause (ii) shall have substan-
11 tial familiarity with copyright law and ex-
12 perience in the field of alternative dispute
13 resolution, including the resolution of liti-
14 gation matters through that method of res-
15 olution.
16 ‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.—
17 Each Copyright Claims Attorney shall be an at-

18 torney who has not fewer than 3 years of sub-
19 stantial experience in copyright law.
20 ‘‘(4) COMPENSATION.—
21 ‘‘(A) COPYRIGHT CLAIMS OFFICERS.—
22 ‘‘(i) DEFINITION.—In this subpara-

23 graph, the term ‘senior level employee of
24 the Federal Government’ means an em-
25 ployee, other than an employee in the Sen-
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81
1 ior Executive Service, the position of whom
2 is classified above GS–15 of the General
3 Schedule.
4 ‘‘(ii) PAY RANGE.—Each Copyright
5 Claims Officer shall be compensated at a
6 rate of pay that is not less than the min-
7 imum, and not more than the maximum,
8 rate of pay payable for senior level employ-
9 ees of the Federal Government, including
10 locality pay, as applicable.
11 ‘‘(B) COPYRIGHT CLAIMS ATTORNEYS.—
12 Each Copyright Claims Attorney shall be com-

13 pensated at a rate of pay that is not more than
14 the maximum rate of pay payable for level 10
15 of GS–15 of the General Schedule, including lo-
16 cality pay, as applicable.
17 ‘‘(5) TERMS.—
19 graph (B), a Copyright Claims Officer shall
20 serve for a renewable term of 6 years.
21 ‘‘(B) INITIAL TERMS.—The terms for the
22 first Copyright Claims Officers appointed under
23 this chapter shall be as follows:
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82
1 ‘‘(i) The first such Copyright Claims
2 Officer appointed shall be appointed for a
3 term of 4 years.
4 ‘‘(ii) The second Copyright Claims Of-
5 ficer appointed shall be appointed for a
6 term of 5 years.
7 ‘‘(iii) The third Copyright Claims Of-
8 ficer appointed shall be appointed for a
9 term of 6 years.
10 ‘‘(6) VACANCIES AND INCAPACITY.—
11 ‘‘(A) VACANCY.—
12 ‘‘(i) IN GENERAL.—If a vacancy oc-
13 curs in the position of a Copyright Claims
14 Officer, the Librarian of Congress shall,
15 upon the recommendation of, and in con-
16 sultation with, the Register of Copyrights,
17 act expeditiously to appoint a Copyright
18 Claims Officer for that position.
19 ‘‘(ii) VACANCY BEFORE EXPIRA-
20 TION.—An individual appointed to fill a

21 vacancy occurring before the expiration of
22 the term for which the predecessor of the
23 individual was appointed shall be appointed
24 to serve a 6-year term.
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83
1 ‘‘(B) INCAPACITY.—If a Copyright Claims
2 Officer is temporarily unable to perform the du-
3 ties of the Officer, the Librarian of Congress
4 shall, upon recommendation of, and in consulta-
5 tion with, the Register of Copyrights, act expe-
6 ditiously to appoint an interim Copyright
7 Claims Officer to perform such duties during
8 the period of such incapacity.
9 ‘‘(7) SANCTION OR REMOVAL.—Subject to sec-
10 tion 1503(b), the Librarian of Congress may sanc-
11 tion or remove a Copyright Claims Officer.
12 ‘‘(8) ADMINISTRATIVE SUPPORT.—The Register
13 of Copyrights shall provide the Copyright Claims Of-
14 ficers and Copyright Claims Attorneys with nec-
15 essary administrative support, including techno-
16 logical facilities, to carry out the duties of the Offi-
17 cers and Attorneys under this chapter.
18 ‘‘(9) LOCATION OF COPYRIGHT CLAIMS
19 BOARD.—The offices and facilities of the Copyright

20 Claims Officers and Copyright Claims Attorneys
21 shall be located at the Copyright Office.
22 ‘‘§ 1503. Authority and duties of the Copyright Claims
23 Board
24 ‘‘(a) FUNCTIONS.—
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84
1 ‘‘(1) COPYRIGHT CLAIMS OFFICERS.—Subject
2 to the provisions of this chapter and applicable regu-

3 lations, the functions of the Copyright Claims Offi-
4 cers shall be as follows:
5 ‘‘(A) To render determinations on the civil
6 copyright claims, counterclaims, and defenses
7 that may be brought before the Officers under
8 this chapter.
9 ‘‘(B) To ensure that claims, counterclaims,
10 and defenses are properly asserted and other-
11 wise appropriate for resolution by the Copyright
12 Claims Board.
13 ‘‘(C) To manage the proceedings before the
14 Officers and render rulings pertaining to the
15 consideration of claims, counterclaims, and de-
16 fenses, including with respect to scheduling, dis-
17 covery, evidentiary, and other matters.
18 ‘‘(D) To request, from participants and
19 nonparticipants in a proceeding, the production
20 of information and documents relevant to the
21 resolution of a claim, counterclaim, or defense.
22 ‘‘(E) To conduct hearings and conferences.
23 ‘‘(F) To facilitate the settlement by the
24 parties of claims and counterclaims.
25 ‘‘(G) To—
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85
1 ‘‘(i) award monetary relief; and
2 ‘‘(ii) include in the determinations of
3 the Officers a requirement that certain ac-
4 tivities under section 1504(e)(2) cease or
5 be mitigated, if the party to undertake the
6 applicable measure has so agreed.
7 ‘‘(H) To provide information to the public
8 concerning the procedures and requirements of
9 the Copyright Claims Board.
10 ‘‘(I) To maintain records of the pro-
11 ceedings before the Officers, certify official
12 records of such proceedings as needed, and, as
13 provided in section 1506(t), make the records
14 in such proceedings available to the public.
15 ‘‘(J) To carry out such other duties as are
16 set forth in this chapter.
17 ‘‘(K) When not engaged in performing the
18 duties of the Officers set forth in this chapter,
19 to perform such other duties as may be as-
20 signed by the Register of Copyrights.
21 ‘‘(2) COPYRIGHT CLAIMS ATTORNEYS.—Subject
22 to the provisions of this chapter and applicable regu-

23 lations, the functions of the Copyright Claims Attor-
24 neys shall be as follows:
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86
1 ‘‘(A) To provide assistance to the Copy-
2 right Claims Officers in the administration of
3 the duties of those Officers under this chapter.
4 ‘‘(B) To provide assistance to members of
5 the public with respect to the procedures and
6 requirements of the Copyright Claims Board.
7 ‘‘(C) To provide information to potential
8 claimants contemplating bringing a permissible
9 action before the Copyright Claims Board about
10 obtaining a subpoena under section 512(h) for
11 the sole purpose of identifying a potential re-
12 spondent in such an action.
13 ‘‘(D) When not engaged in performing the
14 duties of the Attorneys set forth in this chapter,
15 to perform such other duties as may be as-
16 signed by the Register of Copyrights.
17 ‘‘(b) INDEPENDENCE IN DETERMINATIONS.—
18 ‘‘(1) IN GENERAL.—The Copyright Claims
19 Board shall render the determinations of the Board
20 in individual proceedings independently on the basis
21 of the records in the proceedings before it and in ac-
22 cordance with the provisions of this title, judicial
23 precedent, and applicable regulations of the Register
24 of Copyrights.
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1 ‘‘(2) CONSULTATION.—The Copyright Claims
2 Officers and Copyright Claims Attorneys—
3 ‘‘(A) may consult with the Register of
4 Copyrights on general issues of law; and
5 ‘‘(B) subject to section 1506(x), may not
6 consult with the Register of Copyrights with re-
7 spect to—
8 ‘‘(i) the facts of any particular matter
9 pending before the Officers and the Attor-
10 neys; or
11 ‘‘(ii) the application of law to the
12 facts described in clause (i).
13 ‘‘(3) PERFORMANCE APPRAISALS.—Notwith-
14 standing any other provision of law or any regula-

15 tion or policy of the Library of Congress or Register
16 of Copyrights, any performance appraisal of a Copy-
17 right Claims Officer or Copyright Claims Attorney
18 may not consider the substantive result of any indi-
19 vidual determination reached by the Copyright
20 Claims Board as a basis for appraisal except to the
21 extent that the result may relate to any actual or al-
22 leged violation of an ethical standard of conduct.
23 ‘‘(c) DIRECTION BY REGISTER.—Subject to sub-
24 section (b), the Copyright Claims Officers and Copyright
25 Claims Attorneys shall, in the administration of their du-
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88
1 ties, be under the general direction of the Register of
2 Copyrights.
3 ‘‘(d) INCONSISTENT DUTIES BARRED.—A Copyright
4 Claims Officer or Copyright Claims Attorney may not un-
5 dertake any duty that conflicts with the duties of the Offi-
6 cer or Attorney in connection with the Copyright Claims
7 Board.
8 ‘‘(e) RECUSAL.—A Copyright Claims Officer or Copy-
9 right Claims Attorney shall recuse himself or herself from
10 participation in any proceeding with respect to which the
11 Copyright Claims Officer or Copyright Claims Attorney,
12 as the case may be, has reason to believe that he or she
13 has a conflict of interest.
14 ‘‘(f) EX PARTE COMMUNICATIONS.—Except as may
15 otherwise be permitted by applicable law, any party to a
16 proceeding before the Copyright Claims Board shall re-
17 frain from ex parte communications with the Copyright
18 Claims Officers and the Register of Copyrights concerning
19 the substance of any active or pending proceeding before
21 ‘‘(g) JUDICIAL REVIEW.—Actions of the Copyright
22 Claims Officers and Register of Copyrights under this
23 chapter in connection with the rendering of any deter-
24 mination are subject to judicial review as provided under
25 section 1508(c) and not under chapter 7 of title 5.
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1 ‘‘§ 1504. Nature of proceedings
2 ‘‘(a) VOLUNTARY PARTICIPATION.—Participation in
3 a Copyright Claims Board proceeding shall be on a vol-
4 untary basis in accordance with this chapter, and the right
5 of any party to instead pursue a claim, counterclaim, or
6 defense in a district court of the United States, any other
7 court, or any other forum, and to seek a jury trial, shall
8 be preserved. The rights, remedies, and limitations under
9 this section may not be waived except in accordance with
10 this chapter.
11 ‘‘(b) STATUTE OF LIMITATIONS.—
12 ‘‘(1) IN GENERAL.—A proceeding may not be
13 maintained before the Copyright Claims Board un-
14 less the proceeding is commenced, in accordance
15 with section 1506(e), before the Copyright Claims
16 Board not later than 3 years after the claim ac-
17 crued.
18 ‘‘(2) TOLLING.—Subject to section 1507(a), a
19 proceeding commenced before the Copyright Claims
20 Board shall toll the time permitted under section
21 507(b) for the commencement of an action on the
22 same claim in a district court of the United States
23 during the period in which the proceeding is pend-
24 ing.
25 ‘‘(c) PERMISSIBLE CLAIMS, COUNTERCLAIMS, AND
26 DEFENSES.—The Copyright Claims Board may render de-
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90
1 terminations with respect to the following claims, counter-
2 claims, and defenses, subject to such further limitations
3 and requirements, including with respect to particular
4 classes of works, as may be set forth in regulations estab-
5 lished by the Register of Copyrights:
6 ‘‘(1) A claim for infringement of an exclusive
7 right in a copyrighted work provided under section
8 106 by the legal or beneficial owner of the exclusive
9 right at the time of the infringement for which the
10 claimant seeks damages, if any, within the limita-
11 tions set forth in subsection (e)(1).
12 ‘‘(2) A claim for a declaration of noninfringe-
13 ment of an exclusive right in a copyrighted work
14 provided under section 106, consistent with section
15 2201 of title 28.
16 ‘‘(3) A claim under section 512(f) for misrepre-
17 sentation in connection with a notification of claimed
18 infringement or a counter notification seeking to re-
19 place removed or disabled material, except that any
20 remedies relating to such a claim in a proceeding be-
21 fore the Copyright Claims Board shall be limited to
22 those available under this chapter.
23 ‘‘(4) A counterclaim that is asserted solely
24 against the claimant in a proceeding—
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91
1 ‘‘(A) pursuant to which the counterclaim-
2 ant seeks damages, if any, within the limita-
3 tions set forth in subsection (e)(1); and
4 ‘‘(B) that—
5 ‘‘(i) arises under section 106 or sec-
6 tion 512(f) and out of the same trans-
7 action or occurrence that is the subject of
8 a claim of infringement brought under
9 paragraph (1), a claim of noninfringement
10 brought under paragraph (2), or a claim of
11 misrepresentation brought under para-
12 graph (3); or
13 ‘‘(ii) arises under an agreement per-
14 taining to the same transaction or occur-
15 rence that is the subject of a claim of in-
16 fringement brought under paragraph (1),
17 if the agreement could affect the relief
18 awarded to the claimant.
19 ‘‘(5) A legal or equitable defense under this title
20 or otherwise available under law, in response to a
21 claim or counterclaim asserted under this subsection.
22 ‘‘(6) A single claim or multiple claims permitted
23 under paragraph (1), (2), or (3) by 1 or more claim-
24 ants against 1 or more respondents, but only if all
25 claims asserted in any 1 proceeding arise out of the
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92
1 same allegedly infringing activity or continuous
2 course of infringing activities and do not, in the ag-
3 gregate, result in the recovery of such claim or
4 claims for damages that exceed the limitations under
5 subsection (e)(1).
6 ‘‘(d) EXCLUDED CLAIMS.—The following claims and
7 counterclaims are not subject to determination by the
8 Copyright Claims Board:
9 ‘‘(1) A claim or counterclaim that is not a per-
10 missible claim or counterclaim under subsection (c).
11 ‘‘(2) A claim or counterclaim that has been fi-
12 nally adjudicated by a court of competent jurisdic-
13 tion or that is pending before a court of competent
14 jurisdiction, unless that court has granted a stay to
15 permit that claim or counterclaim to proceed before
17 ‘‘(3) A claim or counterclaim by or against a
18 Federal or State governmental entity.
19 ‘‘(4) A claim or counterclaim asserted against a
20 person or entity residing outside of the United
21 States, except in a case in which the person or entity
22 initiated the proceeding before the Copyright Claims
23 Board and is subject to counterclaims under this
24 chapter.
25 ‘‘(e) PERMISSIBLE REMEDIES.—
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1 ‘‘(1) MONETARY RECOVERY.—
2 ‘‘(A) ACTUAL DAMAGES, PROFITS, AND
3 STATUTORY DAMAGES FOR INFRINGEMENT.—
4 With respect to a claim or counterclaim for in-

5 fringement of copyright, and subject to the limi-
6 tation on total monetary recovery under sub-
7 paragraph (D), the Copyright Claims Board
8 may award either of the following:
9 ‘‘(i) Actual damages and profits deter-
10 mined in accordance with section 504(b),
11 with that award taking into consideration,
12 in appropriate cases, whether the infring-
13 ing party has agreed to cease or mitigate
14 the infringing activity under paragraph
15 (2).
16 ‘‘(ii) Statutory damages, which shall
17 be determined in accordance with section
18 504(c), subject to the following conditions:
19 ‘‘(I) With respect to works timely
20 registered under section 412, so that
21 the works are eligible for an award of
22 statutory damages in accordance with
23 that section, the statutory damages
24 may not exceed $15,000 for each
25 work infringed.
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94
1 ‘‘(II) With respect to works not
2 timely registered under section 412,
3 but eligible for an award of statutory
4 damages under this section, statutory
5 damages may not exceed $7,500 per
6 work infringed, or a total of $15,000
7 in any 1 proceeding.
8 ‘‘(III) The Copyright Claims
9 Board may not make any finding
10 that, or consider whether, the in-
11 fringement was committed willfully in
12 making an award of statutory dam-
13 ages.
14 ‘‘(IV) The Copyright Claims
15 Board may consider, as an additional
16 factor in awarding statutory damages,
17 whether the infringer has agreed to
18 cease or mitigate the infringing activ-
19 ity under paragraph (2).
20 ‘‘(B) ELECTION OF DAMAGES.—With re-
21 spect to a claim or counterclaim of infringe-
22 ment, at any time before final determination is
23 rendered, and notwithstanding the schedule es-
24 tablished by the Copyright Claims Board under
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95
1 section 1506(k), the claimant or counterclaim-
2 ant shall elect—
3 ‘‘(i) to recover actual damages and
4 profits or statutory damages under sub-
5 paragraph (A); or
6 ‘‘(ii) not to recover damages.
7 ‘‘(C) DAMAGES FOR OTHER CLAIMS.—
8 Damages for claims and counterclaims other

9 than infringement claims, such as those
10 brought under section 512(f), shall be subject
11 to the limitation under subparagraph (D).
12 ‘‘(D) LIMITATION ON TOTAL MONETARY
13 RECOVERY.—Notwithstanding any other provi-

14 sion of law, a party that pursues any 1 or more
15 claims or counterclaims in any single pro-
16 ceeding before the Copyright Claims Board may
17 not seek or recover in that proceeding a total
18 monetary recovery that exceeds the sum of
19 $30,000, exclusive of any attorneys’ fees and
20 costs that may be awarded under section
21 1506(y)(2).
22 ‘‘(2) AGREEMENT TO CEASE CERTAIN ACTIV-
23 ITY.—In a determination of the Copyright Claims

24 Board, the Board shall include a requirement to
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96
1 cease conduct if, in the proceeding relating to the
2 determination—
3 ‘‘(A) a party agrees—
4 ‘‘(i) to cease activity that is found to
5 be infringing, including removing or dis-
6 abling access to, or destroying, infringing
7 materials; or
8 ‘‘(ii) to cease sending a takedown no-
9 tice or counter notice under section 512 to
10 the other party regarding the conduct at
11 issue before the Board if that notice or
12 counter notice was found to be a knowing
13 material misrepresentation under section
14 512(f); and
15 ‘‘(B) the agreement described in subpara-
16 graph (A) is reflected in the record for the pro-
17 ceeding.
18 ‘‘(3) ATTORNEYS’ FEES AND COSTS.—Notwith-
19 standing any other provision of law, except in the

20 case of bad faith conduct as provided in section
21 1506(y)(2), the parties to proceedings before the
22 Copyright Claims Board shall bear their own attor-
23 neys’ fees and costs.
24 ‘‘(f) JOINT AND SEVERAL LIABILITY.—Parties to a
25 proceeding before the Copyright Claims Board may be
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97
1 found jointly and severally liable if all such parties and
2 relevant claims or counterclaims arise from the same ac-
3 tivity or activities.
4 ‘‘(g) PERMISSIBLE NUMBER OF CASES.—The Reg-
5 ister of Copyrights may establish regulations relating to
6 the permitted number of proceedings each year by the
7 same claimant under this chapter, in the interests of jus-
8 tice and the administration of the Copyright Claims
9 Board.
10 ‘‘§ 1505. Registration requirement
11 ‘‘(a) APPLICATION OR CERTIFICATE.—A claim or
12 counterclaim alleging infringement of an exclusive right
13 in a copyrighted work may not be asserted before the
14 Copyright Claims Board unless—
15 ‘‘(1) the legal or beneficial owner of the copy-
16 right has first delivered a completed application, a
17 deposit, and the required fee for registration of the
18 copyright to the Copyright Office; and
19 ‘‘(2) a registration certificate has either been
20 issued or has not been refused.
21 ‘‘(b) CERTIFICATE OF REGISTRATION.—Notwith-
22 standing any other provision of law, a claimant or counter-
23 claimant in a proceeding before the Copyright Claims
24 Board shall be eligible to recover actual damages and prof-
25 its or statutory damages under this chapter for infringe-
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98
1 ment of a work if the requirements of subsection (a) have
2 been met, except that—
3 ‘‘(1) the Copyright Claims Board may not
4 render a determination in the proceeding until—
5 ‘‘(A) a registration certificate with respect
6 to the work has been issued by the Copyright
7 Office, submitted to the Copyright Claims
8 Board, and made available to the other parties
9 to the proceeding; and
10 ‘‘(B) the other parties to the proceeding
11 have been provided an opportunity to address
12 the registration certificate;
13 ‘‘(2) if the proceeding may not proceed further
14 because a registration certificate for the work is
15 pending, the proceeding shall be held in abeyance
16 pending submission of the certificate to the Copy-
17 right Claims Board, except that, if the proceeding is
18 held in abeyance for more than 1 year, the Copy-
19 right Claims Board may, upon providing written no-
20 tice to the parties to the proceeding, and 30 days to
21 the parties to respond to the notice, dismiss the pro-
22 ceeding without prejudice; and
23 ‘‘(3) if the Copyright Claims Board receives no-
24 tice that registration with respect to the work has
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99
1 been refused, the proceeding shall be dismissed with-
2 out prejudice.
3 ‘‘(c) PRESUMPTION.—In a case in which a registra-
4 tion certificate shows that registration with respect to a
5 work was issued not later than 5 years after the date of
6 the first publication of the work, the presumption under
7 section 410(c) shall apply in a proceeding before the Copy-
8 right Claims Board, in addition to relevant principles of
9 law under this title.
10 ‘‘(d) REGULATIONS.—In order to ensure that actions
11 before the Copyright Claims Board proceed in a timely
12 manner, the Register of Copyrights shall establish regula-
13 tions allowing the Copyright Office to make a decision,
14 on an expedited basis, to issue or deny copyright registra-
15 tion for an unregistered work that is at issue before the
16 Board.
17 ‘‘§ 1506. Conduct of proceedings
18 ‘‘(a) IN GENERAL.—
19 ‘‘(1) APPLICABLE LAW.—Proceedings of the
20 Copyright Claims Board shall be conducted in ac-
21 cordance with this chapter and regulations estab-
22 lished by the Register of Copyrights under this chap-
23 ter, in addition to relevant principles of law under
24 this title.
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100
1 ‘‘(2) CONFLICTING PRECEDENT.—If it appears
2 that there may be conflicting judicial precedent on
3 an issue of substantive copyright law that cannot be
4 reconciled, the Copyright Claims Board shall follow
5 the law of the Federal jurisdiction in which the ac-
6 tion could have been brought if filed in a district
7 court of the United States, or, if the action could
8 have been brought in more than 1 such jurisdiction,
9 the jurisdiction that the Copyright Claims Board de-
10 termines has the most significant ties to the parties
11 and conduct at issue.
12 ‘‘(b) RECORD.—The Copyright Claims Board shall
13 maintain records documenting the proceedings before the
14 Board.
15 ‘‘(c) CENTRALIZED PROCESS.—Proceedings before
16 the Copyright Claims Board shall—
17 ‘‘(1) be conducted at the offices of the Copy-
18 right Claims Board without the requirement of in-
19 person appearances by parties or others; and
20 ‘‘(2) take place by means of written submis-
21 sions, hearings, and conferences carried out through
22 internet-based applications and other telecommuni-
23 cations facilities, except that, in cases in which phys-
24 ical or other nontestimonial evidence material to a
25 proceeding cannot be furnished to the Copyright
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101
1 Claims Board through available telecommunications
2 facilities, the Copyright Claims Board may make al-
3 ternative arrangements for the submission of such
4 evidence that do not prejudice any other party to the
5 proceeding.
6 ‘‘(d) REPRESENTATION.—A party to a proceeding be-
7 fore the Copyright Claims Board may be, but is not re-
8 quired to be, represented by—
9 ‘‘(1) an attorney; or
10 ‘‘(2) a law student who is qualified under appli-
11 cable law governing representation by law students
12 of parties in legal proceedings and who provides
13 such representation on a pro bono basis.
14 ‘‘(e) COMMENCEMENT OF PROCEEDING.—In order to
15 commence a proceeding under this chapter, a claimant
16 shall, subject to such additional requirements as may be
17 prescribed in regulations established by the Register of
18 Copyrights, file a claim with the Copyright Claims Board,
19 that—
20 ‘‘(1) includes a statement of material facts in
21 support of the claim;
22 ‘‘(2) is certified under subsection (y)(1); and
23 ‘‘(3) is accompanied by a filing fee in such
24 amount as may be prescribed in regulations estab-
25 lished by the Register of Copyrights.
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102
1 ‘‘(f) REVIEW OF CLAIMS AND COUNTERCLAIMS.—
2 ‘‘(1) CLAIMS.—Upon the filing of a claim under
3 subsection (e), the claim shall be reviewed by a
4 Copyright Claims Attorney to ensure that the claim
5 complies with this chapter and applicable regula-
6 tions, subject to the following:
7 ‘‘(A) If the claim is found to comply, the
8 claimant shall be notified regarding that com-
9 pliance and instructed to proceed with service of
10 the claim under subsection (g).
11 ‘‘(B) If the claim is found not to comply,
12 the claimant shall be notified that the claim is
13 deficient and be permitted to file an amended
14 claim not later than 30 days after the date on
15 which the claimant receives the notice, without
16 the requirement of an additional filing fee. If
17 the claimant files a compliant claim within that
18 30-day period, the claimant shall be so notified
19 and be instructed to proceed with service of the
20 claim. If the claim is refiled within that 30-day
21 period and still fails to comply, the claimant
22 shall again be notified that the claim is defi-
23 cient and shall be provided a second oppor-
24 tunity to amend the claim not later than 30
25 days after the date of that second notice, with-
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103
1 out the requirement of an additional filing fee.
2 If the claim is refiled again within that second
3 30-day period and is compliant, the claimant
4 shall be so notified and shall be instructed to
5 proceed with service of the claim, but if the
6 claim still fails to comply, upon confirmation of
7 such noncompliance by a Copyright Claims Of-
8 ficer, the proceeding shall be dismissed without
9 prejudice. The Copyright Claims Board shall
10 also dismiss without prejudice any proceeding
11 in which a compliant claim is not filed within
12 the applicable 30-day period.
13 ‘‘(C)(i) Subject to clause (ii), for purposes
14 of this paragraph, a claim against an online
15 service provider for infringement by reason of
16 the storage of or referral or linking to infring-
17 ing material that may be subject to the limita-
18 tions on liability set forth in subsection (b), (c),
19 or (d) of section 512 shall be considered non-
20 compliant unless the claimant affirms in the
21 statement required under subsection (e)(1) of
22 this section that the claimant has previously no-
23 tified the service provider of the claimed in-
24 fringement in accordance with subsection
25 (b)(2)(E), (c)(3), or (d)(3) of section 512, as
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104
1 applicable, and the service provider failed to re-
2 move or disable access to the material expedi-
3 tiously upon the provision of such notice.
4 ‘‘(ii) If a claim is found to be noncompliant
5 under clause (i), the Copyright Claims Board
6 shall provide the claimant with information con-
7 cerning the service of such a notice under the
8 applicable provision of section 512.
9 ‘‘(2) COUNTERCLAIMS.—Upon the filing and
10 service of a counterclaim, the counterclaim shall be
11 reviewed by a Copyright Claims Attorney to ensure
12 that the counterclaim complies with the provisions of
13 this chapter and applicable regulations. If the coun-
14 terclaim is found not to comply, the counterclaimant
15 and the other parties to the proceeding shall be noti-
16 fied that the counterclaim is deficient, and the
17 counterclaimant shall be permitted to file and serve
18 an amended counterclaim not later than 30 days
19 after the date of such notice. If the counterclaimant
20 files and serves a compliant counterclaim within that
21 30-day period, the counterclaimant and such other
22 parties shall be so notified. If the counterclaim is
23 refiled and served within that 30-day period but still
24 fails to comply, the counterclaimant and such other
25 parties shall again be notified that the counterclaim
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105
1 is deficient, and the counterclaimant shall be pro-
2 vided a second opportunity to amend the counter-
3 claim not later than 30 days after the date of the
4 second notice. If the counterclaim is refiled and
5 served again within that second 30-day period and
6 is compliant, the counterclaimant and such other
7 parties shall be so notified, but if the counterclaim
8 still fails to comply, upon confirmation of such non-
9 compliance by a Copyright Claims Officer, the coun-
10 terclaim, but not the proceeding, shall be dismissed
11 without prejudice.
12 ‘‘(3) DISMISSAL FOR UNSUITABILITY.—The
13 Copyright Claims Board shall dismiss a claim or

14 counterclaim without prejudice if, upon reviewing
15 the claim or counterclaim, or at any other time in
16 the proceeding, the Copyright Claims Board con-
17 cludes that the claim or counterclaim is unsuitable
18 for determination by the Copyright Claims Board,
19 including on account of any of the following:
20 ‘‘(A) The failure to join a necessary party.
21 ‘‘(B) The lack of an essential witness, evi-
22 dence, or expert testimony.
23 ‘‘(C) The determination of a relevant issue
24 of law or fact that could exceed either the num-
25 ber of proceedings the Copyright Claims Board
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106
1 could reasonably administer or the subject mat-
2 ter competence of the Copyright Claims Board.
3 ‘‘(g) SERVICE OF NOTICE AND CLAIMS.—In order to
4 proceed with a claim against a respondent, a claimant
5 shall, not later than 90 days after receiving notification
6 under subsection (f) to proceed with service, file with the
7 Copyright Claims Board proof of service on the respond-
8 ent. In order to effectuate service on a respondent, the
9 claimant shall cause notice of the proceeding and a copy
10 of the claim to be served on the respondent, either by per-
11 sonal service or pursuant to a waiver of personal service,
12 as prescribed in regulations established by the Register of
13 Copyrights. Such regulations shall include the following
14 requirements:
15 ‘‘(1) The notice of the proceeding shall adhere
16 to a prescribed form and shall set forth the nature
17 of the Copyright Claims Board and proceeding, the
18 right of the respondent to opt out, and the con-
19 sequences of opting out and not opting out, includ-
20 ing a prominent statement that, by not opting out
21 within 60 days after receiving the notice, the re-
22 spondent—
23 ‘‘(A) loses the opportunity to have the dis-
24 pute decided by a court created under article
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107
1 III of the Constitution of the United States;
2 and
3 ‘‘(B) waives the right to a jury trial re-
4 garding the dispute.
5 ‘‘(2) The copy of the claim served on the re-
6 spondent shall be the same as the claim that was
7 filed with the Copyright Claims Board.
8 ‘‘(3) Personal service of a notice and claim may
9 be effected by an individual who is not a party to
10 the proceeding and is older than 18 years of age.
11 ‘‘(4) An individual, other than a minor or in-
12 competent individual, may be served by—
13 ‘‘(A) complying with State law for serving
14 a summons in an action brought in courts of
15 general jurisdiction in the State where service is
16 made;
17 ‘‘(B) delivering a copy of the notice and
18 claim to the individual personally;
19 ‘‘(C) leaving a copy of the notice and claim
20 at the individual’s dwelling or usual place of
21 abode with someone of suitable age and discre-
22 tion who resides there; or
23 ‘‘(D) delivering a copy of the notice and
24 claim to an agent designated by the respondent
25 to receive service of process or, if not so des-
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108
1 ignated, an agent authorized by appointment or
2 by law to receive service of process.
3 ‘‘(5)(A) A corporation, partnership, or unincor-
4 porated association that is subject to suit in courts
5 of general jurisdiction under a common name shall
6 be served by delivering a copy of the notice and
7 claim to its service agent. If such service agent has
8 not been designated, service shall be accomplished—
9 ‘‘(i) by complying with State law for serv-
10 ing a summons in an action brought in courts
11 of general jurisdiction in the State where serv-
12 ice is made; or
13 ‘‘(ii) by delivering a copy of the notice and
14 claim to an officer, a managing or general
15 agent, or any other agent authorized by ap-
16 pointment or by law to receive service of proc-
17 ess in an action brought in courts of general ju-
18 risdiction in the State where service is made
19 and, if the agent is one authorized by statute
20 and the statute so requires, by also mailing a
21 copy of the notice and claim to the respondent.
22 ‘‘(B) A corporation, partnership, or unincor-
23 porated association that is subject to suit in courts
24 of general jurisdiction under a common name may
25 elect to designate a service agent to receive notice of
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109
1 a claim against it before the Copyright Claims
2 Board by complying with requirements that the Reg-
3 ister of Copyrights shall establish by regulation. The
4 Register of Copyrights shall maintain a current di-
5 rectory of service agents that is available to the pub-
6 lic for inspection, including through the internet,
7 and may require such corporations, partnerships,
8 and unincorporated associations designating such
9 service agents to pay a fee to cover the costs of
10 maintaining the directory.
11 ‘‘(6) In order to request a waiver of personal
12 service, the claimant may notify a respondent, by
13 first class mail or by other reasonable means, that
14 a proceeding has been commenced, such notice to be
15 made in accordance with regulations established by
16 the Register of Copyrights, subject to the following:
17 ‘‘(A) Any such request shall be in writing,
18 shall be addressed to the respondent, and shall
19 be accompanied by a prescribed notice of the
20 proceeding, a copy of the claim as filed with the
21 Copyright Claims Board, a prescribed form for
22 waiver of personal service, and a prepaid or
23 other means of returning the form without cost.
24 ‘‘(B) The request shall state the date on
25 which the request is sent, and shall provide the
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1 respondent a period of 30 days, beginning on
2 the date on which the request is sent, to return
3 the waiver form signed by the respondent. The
4 signed waiver form shall, for purposes of this
5 subsection, constitute acceptance and proof of
6 service as of the date on which the waiver is
7 signed.
8 ‘‘(7)(A) A respondent’s waiver of personal serv-
9 ice shall not constitute a waiver of the respondent’s
10 right to opt out of the proceeding.
11 ‘‘(B) A respondent who timely waives personal
12 service under paragraph (6) and does not opt out of
13 the proceeding shall be permitted a period of 30
14 days, in addition to the period otherwise permitted
15 under the applicable procedures of the Copyright
16 Claims Board, to submit a substantive response to
17 the claim, including any defenses and counterclaims.
18 ‘‘(8) A minor or an incompetent individual may
19 only be served by complying with State law for serv-
20 ing a summons or like process on such an individual
21 in an action brought in the courts of general juris-
22 diction of the State where service is made.
23 ‘‘(9) Service of a claim and waiver of personal
24 service may only be effected within the United
25 States.
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1 ‘‘(h) NOTIFICATION BY COPYRIGHT CLAIMS
2 BOARD.—The Register of Copyrights shall establish regu-
3 lations providing for a written notification to be sent by,
4 or on behalf of, the Copyright Claims Board to notify the
5 respondent of a pending proceeding against the respond-
6 ent, as set forth in those regulations, which shall—
7 ‘‘(1) include information concerning the re-
8 spondent’s right to opt out of the proceeding, the
9 consequences of opting out and not opting out, and
10 a prominent statement that, by not opting out with-
11 in 60 days after the date of service under subsection
12 (g), the respondent loses the opportunity to have the
13 dispute decided by a court created under article III
14 of the Constitution of the United States and waives
15 the right to a jury trial regarding the dispute; and
16 ‘‘(2) be in addition to, and separate and apart
17 from, the notice requirements under subsection (g).
18 ‘‘(i) OPT-OUT PROCEDURE.—Upon being properly
19 served with a notice and claim, a respondent who chooses
20 to opt out of the proceeding shall have a period of 60 days,
21 beginning on the date of service, in which to provide writ-
22 ten notice of such choice to the Copyright Claims Board,
23 in accordance with regulations established by the Register
24 of Copyrights. If proof of service has been filed by the
25 claimant and the respondent does not submit an opt-out
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112
1 notice to the Copyright Claims Board within that 60-day
2 period, the proceeding shall be deemed an active pro-
3 ceeding and the respondent shall be bound by the deter-
4 mination in the proceeding to the extent provided under
5 section 1507(a). If the respondent opts out of the pro-
6 ceeding during that 60-day period, the proceeding shall
7 be dismissed without prejudice, except that, in exceptional
8 circumstances and upon written notice to the claimant, the
9 Copyright Claims Board may extend that 60-day period
10 in the interests of justice.
11 ‘‘(j) SERVICE OF OTHER DOCUMENTS.—Documents
12 submitted or relied upon in a proceeding, other than the
13 notice and claim, shall be served in accordance with regu-
14 lations established by the Register of Copyrights.
15 ‘‘(k) SCHEDULING.—Upon confirmation that a pro-
16 ceeding has become an active proceeding, the Copyright
17 Claims Board shall issue a schedule for the future conduct
18 of the proceeding. The schedule shall not specify a time
19 that a claimant or counterclaimant is required make an
20 election of damages that is inconsistent with section
21 1504(e). A schedule issued by the Copyright Claims Board
22 may be amended by the Copyright Claims Board in the
23 interests of justice.
24 ‘‘(l) CONFERENCES.—One or more Copyright Claims
25 Officers may hold a conference to address case manage-
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113
1 ment or discovery issues in a proceeding, which shall be
2 noted upon the record of the proceeding and may be re-
3 corded or transcribed.
4 ‘‘(m) PARTY SUBMISSIONS.—A proceeding of the
5 Copyright Claims Board may not include any formal mo-
6 tion practice, except that, subject to applicable regulations
7 and procedures of the Copyright Claims Board—
8 ‘‘(1) the parties to the proceeding may make re-
9 quests to the Copyright Claims Board to address
10 case management and discovery matters, and submit
11 responses thereto; and
12 ‘‘(2) the Copyright Claims Board may request
13 or permit parties to make submissions addressing
14 relevant questions of fact or law, or other matters,
15 including matters raised sua sponte by the Copy-
16 right Claims Officers, and offer responses thereto.
17 ‘‘(n) DISCOVERY.—Discovery in a proceeding shall be
18 limited to the production of relevant information and doc-
19 uments, written interrogatories, and written requests for
20 admission, as provided in regulations established by the
21 Register of Copyrights, except that—
22 ‘‘(1) upon the request of a party, and for good
23 cause shown, the Copyright Claims Board may ap-
24 prove additional relevant discovery, on a limited
25 basis, in particular matters, and may request spe-
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114
1 cific information and documents from participants in
2 the proceeding and voluntary submissions from non-
3 participants, consistent with the interests of justice;
4 ‘‘(2) upon the request of a party, and for good
5 cause shown, the Copyright Claims Board may issue
6 a protective order to limit the disclosure of docu-
7 ments or testimony that contain confidential infor-
8 mation; and
9 ‘‘(3) after providing notice and an opportunity
10 to respond, and upon good cause shown, the Copy-
11 right Claims Board may apply an adverse inference
12 with respect to disputed facts against a party who
13 has failed to timely provide discovery materials in
14 response to a proper request for materials that could
15 be relevant to such facts.
16 ‘‘(o) EVIDENCE.—The Copyright Claims Board may
17 consider the following types of evidence in a proceeding,
18 and such evidence may be admitted without application
19 of formal rules of evidence:
20 ‘‘(1) Documentary and other nontestimonial
21 evidence that is relevant to the claims, counter-
22 claims, or defenses in the proceeding.
23 ‘‘(2) Testimonial evidence, submitted under
24 penalty of perjury in written form or in accordance
25 with subsection (p), limited to statements of the par-
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115
1 ties and nonexpert witnesses, that is relevant to the
2 claims, counterclaims, and defenses in a proceeding,
3 except that, in exceptional cases, expert witness tes-
4 timony or other types of testimony may be permitted
5 by the Copyright Claims Board for good cause
6 shown.
7 ‘‘(p) HEARINGS.—The Copyright Claims Board may
8 conduct a hearing to receive oral presentations on issues
9 of fact or law from parties and witnesses to a proceeding,
10 including oral testimony, subject to the following:
11 ‘‘(1) Any such hearing shall be attended by not
12 fewer than 2 of the Copyright Claims Officers.
13 ‘‘(2) The hearing shall be noted upon the record
14 of the proceeding and, subject to paragraph (3), may
15 be recorded or transcribed as deemed necessary by
17 ‘‘(3) A recording or transcript of the hearing
18 shall be made available to any Copyright Claims Of-
19 ficer who is not in attendance.
20 ‘‘(q) VOLUNTARY DISMISSAL.—
21 ‘‘(1) BY CLAIMANT.—Upon the written request
22 of a claimant that is received before a respondent
23 files a response to the claim in a proceeding, the
24 Copyright Claims Board shall dismiss the pro-
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116
1 ceeding, or a claim or respondent, as requested,
2 without prejudice.
3 ‘‘(2) BY COUNTERCLAIMANT.—Upon written re-
4 quest of a counterclaimant that is received before a
5 claimant files a response to the counterclaim, the
6 Copyright Claims Board shall dismiss the counter-
7 claim, such dismissal to be without prejudice.
8 ‘‘(3) CLASS ACTIONS.—Any party in an active
9 proceeding before the Copyright Claims Board who
10 receives notice of a pending or putative class action,
11 arising out of the same transaction or occurrence, in
12 which that party is a class member may request in
13 writing dismissal of the proceeding before the Board.
14 Upon notice to all claimants and counterclaimants,
15 the Copyright Claims Board shall dismiss the pro-
16 ceeding without prejudice.
17 ‘‘(r) SETTLEMENT.—
18 ‘‘(1) IN GENERAL.—At any time in an active
19 proceeding, some or all of the parties may—
20 ‘‘(A) jointly request a conference with a
21 Copyright Claims Officer for the purpose of fa-
22 cilitating settlement discussions; or
23 ‘‘(B) submit to the Copyright Claims
24 Board an agreement providing for settlement
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1 and dismissal of some or all of the claims and
2 counterclaims in the proceeding.
3 ‘‘(2) ADDITIONAL REQUEST.—A submission
4 under paragraph (1)(B) may include a request that
5 the Copyright Claims Board adopt some or all of the
6 terms of the parties’ settlement in a final determina-
7 tion in the proceeding.
8 ‘‘(s) FACTUAL FINDINGS.—Subject to subsection
9 (n)(3), the Copyright Claims Board shall make factual
10 findings based upon a preponderance of the evidence.
11 ‘‘(t) DETERMINATIONS.—
12 ‘‘(1) NATURE AND CONTENTS.—A determina-
13 tion rendered by the Copyright Claims Board in a
14 proceeding shall—
15 ‘‘(A) be reached by a majority of the Copy-
16 right Claims Board;
17 ‘‘(B) be in writing, and include an expla-
18 nation of the factual and legal basis of the de-
19 termination;
20 ‘‘(C) set forth any terms by which a re-
21 spondent or counterclaim respondent has
22 agreed to cease infringing activity under section
23 1504(e)(2);
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1 ‘‘(D) to the extent requested under sub-
2 section (r)(2), set forth the terms of any settle-
3 ment agreed to under subsection (r)(1); and
4 ‘‘(E) include a clear statement of all dam-
5 ages and other relief awarded, including under
6 subparagraphs (C) and (D).
7 ‘‘(2) DISSENT.—A Copyright Claims Officer
8 who dissents from a decision contained in a deter-
9 mination under paragraph (1) may append a state-
10 ment setting forth the grounds for that dissent.
11 ‘‘(3) PUBLICATION.—Each final determination
12 of the Copyright Claims Board shall be made avail-
13 able on a publicly accessible website. The Register
14 shall establish regulations with respect to the publi-
15 cation of other records and information relating to
16 such determinations, including the redaction of
17 records to protect confidential information that is
18 the subject of a protective order under subsection
19 (n)(2).
20 ‘‘(4) FREEDOM OF INFORMATION ACT.—All in-
21 formation relating to proceedings of the Copyright
22 Claims Board under this chapter is exempt from dis-
23 closure to the public under section 552(b)(3) of title
24 5, except for determinations, records, and informa-
25 tion published under paragraph (3).
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1 ‘‘(u) RESPONDENT’S DEFAULT.—If a proceeding has
2 been deemed an active proceeding but the respondent has
3 failed to appear or has ceased participating in the pro-
4 ceeding, as demonstrated by the respondent’s failure,
5 without justifiable cause, to meet 1 or more deadlines or
6 requirements set forth in the schedule adopted by the
7 Copyright Claims Board under subsection (k), the Copy-
8 right Claims Board may enter a default determination, in-
9 cluding the dismissal of any counterclaim asserted by the
10 respondent, as follows and in accordance with such other
11 requirements as the Register of Copyrights may establish
12 by regulation:
13 ‘‘(1) The Copyright Claims Board shall require
14 the claimant to submit relevant evidence and other
15 information in support of the claimant’s claim and
16 any asserted damages and, upon review of such evi-
17 dence and any other requested submissions from the
18 claimant, shall determine whether the materials so
19 submitted are sufficient to support a finding in favor
20 of the claimant under applicable law and, if so, the
21 appropriate relief and damages, if any, to be award-
22 ed.
23 ‘‘(2) If the Copyright Claims Board makes an
24 affirmative determination under paragraph (1), the
25 Copyright Claims Board shall prepare a proposed
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120
1 default determination, and shall provide written no-
2 tice to the respondent at all addresses, including
3 email addresses, reflected in the records of the pro-
4 ceeding before the Copyright Claims Board, of the
5 pendency of a default determination by the Copy-
6 right Claims Board and of the legal significance of
7 such determination. Such notice shall be accom-
8 panied by the proposed default determination and
9 shall provide that the respondent has a period of 30
10 days, beginning on the date of the notice, to submit
11 any evidence or other information in opposition to
12 the proposed default determination.
13 ‘‘(3) If the respondent responds to the notice
14 provided under paragraph (2) within the 30-day pe-
15 riod provided in such paragraph, the Copyright
16 Claims Board shall consider the respondent’s sub-
17 missions and, after allowing the other parties to ad-
18 dress such submissions, maintain, or amend its pro-
19 posed determination as appropriate, and the result-
20 ing determination shall not be a default determina-
21 tion.
22 ‘‘(4) If the respondent fails to respond to the
23 notice provided under paragraph (2), the Copyright
24 Claims Board shall proceed to issue the default de-
25 termination as a final determination. Thereafter, the
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121
1 respondent may only challenge such determination to
2 the extent permitted under section 1508(c), except
3 that, before any additional proceedings are initiated
4 under section 1508, the Copyright Claims Board
5 may, in the interests of justice, vacate the default
6 determination.
7 ‘‘(v) CLAIMANT’S FAILURE TO PROCEED.—
8 ‘‘(1) FAILURE TO COMPLETE SERVICE.—If a
9 claimant fails to complete service on a respondent
10 within the 90-day period required under subsection
11 (g), the Copyright Claims Board shall dismiss that
12 respondent from the proceeding without prejudice. If
13 a claimant fails to complete service on all respond-
14 ents within that 90-day period, the Copyright Claims
15 Board shall dismiss the proceeding without preju-
16 dice.
17 ‘‘(2) FAILURE TO PROSECUTE.—If a claimant
18 fails to proceed in an active proceeding, as dem-
19 onstrated by the claimant’s failure, without justifi-
20 able cause, to meet 1 or more deadlines or require-
21 ments set forth in the schedule adopted by the Copy-
22 right Claims Board under subsection (k), the Copy-
23 right Claims Board may, upon providing written no-
24 tice to the claimant and a period of 30 days, begin-
25 ning on the date of the notice, to respond to the no-
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122
1 tice, and after considering any such response, issue
2 a determination dismissing the claimant’s claims,
3 which shall include an award of attorneys’ fees and
4 costs, if appropriate, under subsection (y)(2). There-
5 after, the claimant may only challenge such deter-
6 mination to the extent permitted under section
7 1508(c), except that, before any additional pro-
8 ceedings are initiated under section 1508, the Copy-
9 right Claims Board may, in the interests of justice,
10 vacate the determination of dismissal.
11 ‘‘(w) REQUEST FOR RECONSIDERATION.—A party
12 may, not later than 30 days after the date on which the
13 Copyright Claims Board issues a final determination in
14 a proceeding under this chapter, submit a written request
15 for reconsideration of, or an amendment to, such deter-
16 mination if the party identifies a clear error of law or fact
17 material to the outcome, or a technical mistake. After pro-
18 viding the other parties an opportunity to address such
19 request, the Copyright Claims Board shall either deny the
20 request or issue an amended final determination.
21 ‘‘(x) REVIEW BY REGISTER.—If the Copyright
22 Claims Board denies a party a request for reconsideration
23 of a final determination under subsection (w), that party
24 may, not later than 30 days after the date of such denial,
25 request review of the final determination by the Register
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123
1 of Copyrights in accordance with regulations established
2 by the Register. Such request shall be accompanied by a
3 reasonable filing fee, as provided in such regulations. The
4 review by the Register shall be limited to consideration
5 of whether the Copyright Claims Board abused its discre-
6 tion in denying reconsideration of the determination. After
7 providing the other parties an opportunity to address the
8 request, the Register shall either deny the request for re-
9 view, or remand the proceeding to the Copyright Claims
10 Board for reconsideration of issues specified in the remand
11 and for issuance of an amended final determination. Such
12 amended final determination shall not be subject to fur-
13 ther consideration or review, other than under section
14 1508(c).
15 ‘‘(y) CONDUCT OF PARTIES AND ATTORNEYS.—
16 ‘‘(1) CERTIFICATION.—The Register of Copy-
17 rights shall establish regulations requiring certifi-
18 cation of the accuracy and truthfulness of state-
19 ments made by participants in proceedings before
21 ‘‘(2) BAD FAITH CONDUCT.—Notwithstanding
22 any other provision of law, in any proceeding in

23 which a determination is rendered and it is estab-
24 lished that a party pursued a claim, counterclaim, or
25 defense for a harassing or other improper purpose,
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1 or without a reasonable basis in law or fact, then,
2 unless inconsistent with the interests of justice, the
3 Copyright Claims Board shall in such determination
4 award reasonable costs and attorneys’ fees to any
5 adversely affected party of in an amount of not more
6 than $5,000, except that—
7 ‘‘(A) if an adversely affected party ap-
8 peared pro se in the proceeding, the award to
9 that party shall be for costs only, in an amount
10 of not more than $2,500; and
11 ‘‘(B) in extraordinary circumstances, such
12 as where a party has demonstrated a pattern or
13 practice of bad faith conduct as described in
14 this paragraph, the Copyright Claims Board
15 may, in the interests of justice, award costs and
16 attorneys’ fees in excess of the limitations
17 under this paragraph.
18 ‘‘(3) ADDITIONAL PENALTY.—If the Board
19 finds that on more than 1 occasion within a 12-
20 month period a party pursued a claim, counterclaim,
21 or defense before the Copyright Claims Board for a
22 harassing or other improper purpose, or without a
23 reasonable basis in law or fact, that party shall be
24 barred from initiating a claim before the Copyright
25 Claims Board under this chapter for a period of 12
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125
1 months beginning on the date on which the Board
2 makes such a finding. Any proceeding commenced
3 by that party that is still pending before the Board
4 when such a finding is made shall be dismissed with-
5 out prejudice, except that if a proceeding has been
6 deemed active under subsection (i), the proceeding
7 shall be dismissed under this paragraph only if the
8 respondent provides written consent thereto.
9 ‘‘(z) REGULATIONS FOR SMALLER CLAIMS.—The
10 Register of Copyrights shall establish regulations to pro-
11 vide for the consideration and determination, by not fewer
12 than 1 Copyright Claims Officer, of any claim under this
13 chapter in which total damages sought do not exceed
14 $5,000 (exclusive of attorneys’ fees and costs). A deter-
15 mination issued under this subsection shall have the same
16 effect as a determination issued by the entire Copyright
17 Claims Board.
18 ‘‘(aa) OPT-OUT FOR LIBRARIES AND ARCHIVES.—
19 ‘‘(1) IN GENERAL.—The Register of Copyrights
20 shall establish regulations allowing for a library or
21 archives that does not wish to participate in pro-
22 ceedings before the Copyright Claims Board to pre-
23 emptively opt out of such proceedings.
24 ‘‘(2) PROCEDURES.—The regulations estab-
25 lished under paragraph (1) shall—
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126
1 ‘‘(A) set forth procedures for preemptively
2 opting out of proceedings before the Copyright
3 Claims Board; and
4 ‘‘(B) require that the Copyright Office
5 compile and maintain a publicly available list of
6 the libraries and archives that have successfully
7 opted out of proceedings in accordance with the
8 procedures described in subparagraph (A).
9 ‘‘(3) NO FEE OR RENEWAL REQUIRED.—The
10 Register of Copyrights may not—

11 ‘‘(A) charge a library or archives a fee to
12 preemptively opt out of proceedings under this
13 subsection; or
14 ‘‘(B) require a library or archives to renew
15 a decision to preemptively opt out of pro-
16 ceedings under this subsection.
17 ‘‘(4) DEFINITIONS.—For purposes of this sub-
18 section, the terms ‘library’ and ‘archives’ mean any
19 library or archives, respectively, that qualifies for the
20 limitations on exclusive rights under section 108.
21 ‘‘§ 1507. Effect of proceeding
22 ‘‘(a) DETERMINATION.—Subject to the reconsider-
23 ation and review processes provided under subsections (w)
24 and (x) of section 1506 and section 1508(c), the issuance
25 of a final determination by the Copyright Claims Board
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127
1 in a proceeding, including a default determination or de-
2 termination based on a failure to prosecute, shall, solely
3 with respect to the parties to such determination, preclude
4 relitigation before any court or tribunal, or before the
5 Copyright Claims Board, of the claims and counterclaims
6 asserted and finally determined by the Board, and may
7 be relied upon for such purpose in a future action or pro-
8 ceeding arising from the same specific activity or activi-
9 ties, subject to the following:
10 ‘‘(1) A determination of the Copyright Claims
11 Board shall not preclude litigation or relitigation as
12 between the same or different parties before any
13 court or tribunal, or the Copyright Claims Board, of
14 the same or similar issues of fact or law in connec-
15 tion with claims or counterclaims not asserted or not
16 finally determined by the Copyright Claims Board.
17 ‘‘(2) A determination of ownership of a copy-
18 righted work for purposes of resolving a matter be-
19 fore the Copyright Claims Board may not be relied
20 upon, and shall not have any preclusive effect, in
21 any other action or proceeding before any court or
22 tribunal, including the Copyright Claims Board.
23 ‘‘(3) Except to the extent permitted under this
24 subsection and section 1508, any determination of
25 the Copyright Claims Board may not be cited or re-
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128
1 lied upon as legal precedent in any other action or
2 proceeding before any court or tribunal, including
4 ‘‘(b) CLASS ACTIONS NOT AFFECTED.—
5 ‘‘(1) IN GENERAL.—A proceeding before the
6 Copyright Claims Board shall not have any effect on
7 a class action proceeding in a district court of the
8 United States, and section 1509(a) shall not apply
9 to a class action proceeding in a district court of the
10 United States.
11 ‘‘(2) NOTICE OF CLASS ACTION.—Any party to
12 an active proceeding before the Copyright Claims
13 Board who receives notice of a pending class action,
14 arising out of the same transaction or occurrence as
15 the proceeding before the Copyright Claims Board,
16 in which the party is a class member shall either—
17 ‘‘(A) opt out of the class action, in accord-
18 ance with regulations established by the Reg-
19 ister of Copyrights; or
20 ‘‘(B) seek dismissal under section
21 1506(q)(3) of the proceeding before the Copy-
22 right Claims Board.
23 ‘‘(c) OTHER MATERIALS IN PROCEEDING.—Except
24 as permitted under this section and section 1508, a sub-
25 mission or statement of a party or witness made in connec-
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129
1 tion with a proceeding before the Copyright Claims Board,
2 including a proceeding that is dismissed, may not be cited
3 or relied upon in, or serve as the basis of, any action or
4 proceeding concerning rights or limitations on rights
5 under this title before any court or tribunal, including the
6 Copyright Claims Board.
7 ‘‘(d) APPLICABILITY OF SECTION 512(g).—A claim
8 or counterclaim before the Copyright Claims Board that
9 is brought under subsection (c)(1) or (c)(4) of section
10 1504, or brought under subsection (c)(6) of section 1504
11 and that relates to a claim under subsection (c)(1) or
12 (c)(4) of such section, qualifies as an action seeking an
13 order to restrain a subscriber from engaging in infringing
14 activity under section 512(g)(2)(C) if—
15 ‘‘(1) notice of the commencement of the Copy-
16 right Claims Board proceeding is provided by the
17 claimant to the service provider’s designated agent
18 before the service provider replaces the material fol-
19 lowing receipt of a counter notification under section
20 512(g); and
21 ‘‘(2) the claim brought alleges infringement of
22 the material identified in the notification of claimed
23 infringement under section 512(c)(1)(C).
24 ‘‘(e) FAILURE TO ASSERT COUNTERCLAIM.—The
25 failure or inability to assert a counterclaim in a proceeding
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130
1 before the Copyright Claims Board shall not preclude the
2 assertion of that counterclaim in a subsequent court action
3 or proceeding before the Copyright Claims Board.
4 ‘‘(f) OPT-OUT OR DISMISSAL OF PARTY.—If a party
5 has timely opted out of a proceeding under section 1506(i)
6 or is dismissed from a proceeding before the Copyright
7 Claims Board issues a final determination in the pro-
8 ceeding, the determination shall not be binding upon and
9 shall have no preclusive effect with respect to that party.
10 ‘‘§ 1508. Review and confirmation by district court
11 ‘‘(a) IN GENERAL.—In any proceeding in which a
12 party has failed to pay damages, or has failed otherwise
13 to comply with the relief, awarded in a final determination
14 of the Copyright Claims Board, including a default deter-
15 mination or a determination based on a failure to pros-
16 ecute, the aggrieved party may, not later than 1 year after
17 the date on which the final determination is issued, any
18 reconsideration by the Copyright Claims Board or review
19 by the Register of Copyrights is resolved, or an amended
20 final determination is issued, whichever occurs last, apply
21 to the United States District Court for the District of Co-
22 lumbia or any other appropriate district court of the
23 United States for an order confirming the relief awarded
24 in the final determination and reducing such award to
25 judgment. The court shall grant such order and direct
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131
1 entry of judgment unless the determination is or has been
2 vacated, modified, or corrected under subsection (c). If the
3 United States District Court for the District of Columbia
4 or other district court of the United States, as the case
5 may be, issues an order confirming the relief awarded by
6 the Copyright Claims Board, the court shall impose on the
7 party who failed to pay damages or otherwise comply with
8 the relief, the reasonable expenses required to secure such
9 order, including attorneys’ fees, that were incurred by the
10 aggrieved party.
11 ‘‘(b) FILING PROCEDURES.—
12 ‘‘(1) APPLICATION TO CONFIRM DETERMINA-
13 TION.—Notice of the application under subsection

14 (a) for confirmation of a determination of the Copy-
15 right Claims Board and entry of judgment shall be
16 provided to all parties to the proceeding before the
17 Copyright Claims Board that resulted in the deter-
18 mination, in accordance with the procedures applica-
19 ble to service of a motion in the district court of the
20 United States where the application is made.
21 ‘‘(2) CONTENTS OF APPLICATION.—The appli-
22 cation under subsection (a) shall include the fol-
23 lowing:
24 ‘‘(A) A certified copy of the final or
25 amended final determination of the Copyright
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132
1 Claims Board, as reflected in the records of the
2 Copyright Claims Board, following any process
3 of reconsideration or review by the Register of
4 Copyrights, to be confirmed and rendered to
5 judgment.
6 ‘‘(B) A declaration by the applicant, under
7 penalty of perjury—
8 ‘‘(i) that the copy is a true and cor-
9 rect copy of such determination;
10 ‘‘(ii) stating the date the determina-
11 tion was issued;
12 ‘‘(iii) stating the basis for the chal-
13 lenge under subsection (c)(1); and
14 ‘‘(iv) stating whether the applicant is
15 aware of any other proceedings before the
16 court concerning the same determination
17 of the Copyright Claims Board.
18 ‘‘(c) CHALLENGES TO THE DETERMINATION.—
19 ‘‘(1) BASES FOR CHALLENGE.—Not later than
20 90 days after the date on which the Copyright
21 Claims Board issues a final or amended final deter-
22 mination in a proceeding, or not later than 90 days
23 after the date on which the Register of Copyrights
24 completes any process of reconsideration or review of
25 the determination, whichever occurs later, a party
December 21, 2020 (7:54 a.m.)

133
1 may seek an order from a district court of the
2 United States vacating, modifying, or correcting the
3 determination of the Copyright Claims Board in the
4 following cases:
5 ‘‘(A) If the determination was issued as a
6 result of fraud, corruption, misrepresentation,
7 or other misconduct.
8 ‘‘(B) If the Copyright Claims Board ex-
9 ceeded its authority or failed to render a final
10 determination concerning the subject matter at
11 issue.
12 ‘‘(C) In the case of a default determination
13 or determination based on a failure to pros-
14 ecute, if it is established that the default or fail-
15 ure was due to excusable neglect.
16 ‘‘(2) PROCEDURE TO CHALLENGE.—
17 ‘‘(A) NOTICE OF APPLICATION.—Notice of

18 the application to challenge a determination of
19 the Copyright Claims Board shall be provided
20 to all parties to the proceeding before the Copy-
21 right Claims Board, in accordance with the pro-
22 cedures applicable to service of a motion in the
23 court where the application is made.
24 ‘‘(B) STAYING OF PROCEEDINGS.—For
25 purposes of an application under this sub-
December 21, 2020 (7:54 a.m.)

134
1 section, any judge who is authorized to issue an
2 order to stay the proceedings in another action
3 brought in the same court may issue an order,
4 to be served with the notice of application, stay-
5 ing proceedings to enforce the award while the
6 challenge is pending.
7 ‘‘§ 1509. Relationship to other district court actions
8 ‘‘(a) STAY OF DISTRICT COURT PROCEEDINGS.—
9 Subject to section 1507(b), a district court of the United
10 States shall issue a stay of proceedings or such other relief
11 as the court determines appropriate with respect to any
12 claim brought before the court that is already the subject
13 of a pending or active proceeding before the Copyright
14 Claims Board.
15 ‘‘(b) ALTERNATIVE DISPUTE RESOLUTION PROC-
16 ESS.—A proceeding before the Copyright Claims Board
17 under this chapter shall qualify as an alternative dispute
18 resolution process under section 651 of title 28 for pur-
19 poses of referral of eligible cases by district courts of the
20 United States upon the consent of the parties.
21 ‘‘§ 1510. Implementation by Copyright Office
22 ‘‘(a) REGULATIONS.—
23 ‘‘(1) IMPLEMENTATION GENERALLY.—The Reg-
24 ister of Copyrights shall establish regulations to
25 carry out this chapter. Such regulations shall include
December 21, 2020 (7:54 a.m.)

135
1 the fees prescribed under subsections (e) and (x) of
2 section 1506. The authority to issue such fees shall
3 not limit the authority of the Register of Copyrights
4 to establish fees for services under section 708. All
5 fees received by the Copyright Office in connection
6 with the activities under this chapter shall be depos-
7 ited by the Register of Copyrights and credited to
8 the appropriations for necessary expenses of the Of-
9 fice in accordance with section 708(d). In estab-
10 lishing regulations under this subsection, the Reg-
11 ister of Copyrights shall provide for the efficient ad-
12 ministration of the Copyright Claims Board, and for
13 the ability of the Copyright Claims Board to timely
14 complete proceedings instituted under this chapter,
15 including by implementing mechanisms to prevent
16 harassing or improper use of the Copyright Claims
17 Board by any party.
18 ‘‘(2) LIMITS ON MONETARY RELIEF.—

20 graph (B), not earlier than 3 years after the
21 date on which Copyright Claims Board issues
22 the first determination of the Copyright Claims
23 Board, the Register of Copyrights may, in order
24 to further the goals of the Copyright Claims
25 Board, conduct a rulemaking to adjust the lim-
December 21, 2020 (7:54 a.m.)

136
1 its on monetary recovery or attorneys’ fees and
2 costs that may be awarded under this chapter.
3 ‘‘(B) EFFECTIVE DATE OF ADJUST-
4 MENT.—Any rule under subparagraph (A) that

5 makes an adjustment shall take effect at the
6 end of the 120-day period beginning on the
7 date on which the Register of Copyrights sub-
8 mits the rule to Congress and only if Congress
9 does not, during that 120-day period, enact a
10 law that provides in substance that Congress
11 does not approve the rule.
12 ‘‘(b) NECESSARY FACILITIES.—Subject to applicable
13 law, the Register of Copyrights may retain outside vendors
14 to establish internet-based, teleconferencing, and other fa-
15 cilities required to operate the Copyright Claims Board.
16 ‘‘(c) FEES.—Any filing fees, including the fee to com-
17 mence a proceeding under section 1506(e), shall be pre-
18 scribed in regulations established by the Register of Copy-
19 rights. The sum total of such filing fees shall be in an
20 amount of not less than $100, may not exceed the cost
21 of filing an action in a district court of the United States,
22 and shall be fixed in amounts that further the goals of
December 21, 2020 (7:54 a.m.)

137
1 ‘‘§ 1511. Funding
2 ‘‘There are authorized to be appropriated such sums
3 as may be necessary to pay the costs incurred by the Copy-
4 right Office under this chapter that are not covered by
5 fees collected for services rendered under this chapter, in-
6 cluding the costs of establishing and maintaining the
7 Copyright Claims Board and its facilities.’’.
8 (c) CLERICAL AMENDMENT.—The table of chapters
9 for title 17, United States Code, is amended by adding
‘‘15. Copyright Small Claims ........................................................ 1501’’.
11 (d) IMPLEMENTATION.—
13 graph (2), not later than 1 year after the date of en-
14 actment of this Act, the Copyright Claims Board es-
15 tablished under section 1502 of title 17, United
16 States Code, as added by subsection (b) of this sec-
17 tion, shall begin operations.
18 (2) EXTENSION.—The Register of Copyrights
19 may, for good cause, extend the deadline under
20 paragraph (1) by not more than 180 days if the
21 Register of Copyrights provides notice of the exten-
22 sion to the public and to Congress.
23 (e) STUDY.—Not later than 3 years after the date
24 on which the Copyright Claims Board issues the first de-
25 termination of the Copyright Claims Board under chapter
December 21, 2020 (7:54 a.m.)

138
1 15 of title 17, United States Code, as added by subsection
2 (b) of this section, the Register of Copyrights shall con-
3 duct, and report to Congress on, a study that addresses
4 the following:
5 (1) The use and efficacy of the Copyright
6 Claims Board in resolving copyright claims, includ-
7 ing the number of proceedings the Copyright Claims
8 Board could reasonably administer.
9 (2) Whether adjustments to the authority of the
10 Copyright Claims Board are necessary or advisable,
11 including with respect to—
12 (A) eligible claims, such as claims under
13 section 1202 of title 17, United States Code;
14 and
15 (B) works and applicable damages limita-
16 tions.
17 (3) Whether greater allowance should be made
18 to permit awards of attorneys’ fees and costs to pre-
19 vailing parties, including potential limitations on
20 such awards.
21 (4) Potential mechanisms to assist copyright
22 owners with small claims in ascertaining the identity
23 and location of unknown online infringers.
24 (5) Whether the Copyright Claims Board
25 should be expanded to offer mediation or other non-
December 21, 2020 (7:54 a.m.)

139
1 binding alternative dispute resolution services to in-
2 terested parties.
3 (6) Such other matters as the Register of Copy-
4 rights believes may be pertinent concerning the
5 Copyright Claims Board.
6 (f) SEVERABILITY.—If any provision of this section,
7 an amendment made by this section, or the application
8 of such provision or amendment to any person or cir-
9 cumstance is held to be unconstitutional, the remainder
10 of this section and the amendments made by this section,
11 and the application of the provision or the amendment to
12 any other person or circumstance, shall not be affected.
13 Subtitle B—Trademarks
14 SEC. 221. SHORT TITLE; TABLE OF CONTENTS.
15 (a) SHORT TITLE.—This subtitle may be cited as the

16 ‘‘Trademark Modernization Act of 2020’’ or the ‘‘TM Act
17 of 2020’’.
18 (b) TABLE OF CONTENTS.—The table of contents for
19 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 can-
cellation.
Sec. 226. Rebuttable presumption of irreparable harm.
Sec. 227. Report on decluttering initiatives.
Sec. 228. Amendments to confirm authority of the Director.
December 21, 2020 (7:54 a.m.)

140
2 In this subtitle:
3 (1) DIRECTOR.—The term ‘‘Director’’ means
4 the Under Secretary of Commerce for Intellectual
5 Property and Director of the United States Patent
6 and Trademark Office.
7 (2) TRADEMARK ACT OF 1946.—The term
8 ‘‘Trademark Act of 1946’’ means the Act entitled
9 ‘‘An Act to provide for the registration and protec-
10 tion of trademarks used in commerce, to carry out
11 the provisions of certain international conventions,
12 and for other purposes’’, approved July 5, 1946 (15
13 U.S.C. 1051 et. seq) (commonly referred to as the
14 ‘‘Trademark Act of 1946’’ or the ‘‘Lanham Act’’).
15 SEC. 223. PROVIDING FOR THIRD-PARTY SUBMISSION OF
16 EVIDENCE DURING EXAMINATION.
17 (a) AMENDMENT.—Section 1 of the Trademark Act

18 of 1946 (15 U.S.C. 1051) is amended by adding at the
20 ‘‘(f) A third party may submit for consideration for
21 inclusion in the record of an application evidence relevant
22 to a ground for refusal of registration. The third-party
23 submission shall identify the ground for refusal and in-
24 clude a concise description of each piece of evidence sub-
25 mitted in support of each identified ground for refusal.
26 Not later than 2 months after the date on which the sub-
December 21, 2020 (7:54 a.m.)

141
1 mission is filed, the Director shall determine whether the
2 evidence should be included in the record of the applica-
3 tion. The Director shall establish by regulation appro-
4 priate procedures for the consideration of evidence sub-
5 mitted by a third party under this subsection and may
6 prescribe a fee to accompany the submission. If the Direc-
7 tor determines that the third-party evidence should be in-
8 cluded in the record of the application, only the evidence
9 and the ground for refusal to which the evidence relates
10 may be so included. Any determination by the Director
11 whether or not to include evidence in the record of an ap-
12 plication shall be final and non-reviewable, and a deter-
13 mination to include or to not include evidence in the record
14 shall not prejudice any party’s right to raise any issue and
15 rely on any evidence in any other proceeding.’’.
16 (b) DEADLINE FOR PROCEDURES.—Not later than 1
17 year after the date of enactment of this Act, the Director
18 shall establish the appropriate procedures described in sec-
19 tion 1(f) of the Trademark Act of 1946, as added by sub-
20 section (a).
21 (c) EFFECTIVE DATE.—The amendment made by
22 subsection (a) shall take effect 1 year after the date of
December 21, 2020 (7:54 a.m.)

142
1 SEC. 224. PROVIDING FOR FLEXIBLE RESPONSE PERIODS.
2 Section 12(b) of the Trademark Act of 1946 (15

3 U.S.C. 1062(b)) is amended to read as follows:
4 ‘‘(b)(1) If the applicant is found not entitled to reg-
5 istration, the examiner shall notify the applicant thereof
6 and of the reasons therefor. The applicant may reply or
7 amend the application, which shall then be reexamined.
8 This procedure may be repeated until the examiner finally
9 refuses registration of the mark or the application is aban-
10 doned as described in paragraph (2).
11 ‘‘(2) After notification under paragraph (1), the ap-
12 plicant shall have a period of 6 months in which to reply
13 or amend the application, or such shorter time that is not
14 less than 60 days, as prescribed by the Director by regula-
15 tion. If the applicant fails to reply or amend or appeal
16 within the relevant time period, including any extension
17 under paragraph (3), the application shall be deemed to
18 have been abandoned, unless it can be shown to the satis-
19 faction of the Director that the delay in responding was
20 unintentional, in which case the application may be revived
21 and such time may be extended. The Director may pre-
22 scribe a fee to accompany any request to revive.
23 ‘‘(3) The Director shall provide, by regulation, for ex-
24 tensions of time to respond to the examiner for any time
25 period under paragraph (2) that is less than 6 months.
26 The Director shall allow the applicant to obtain extensions
December 21, 2020 (7:54 a.m.)

143
1 of time to reply or amend aggregating 6 months from the
2 date of notification under paragraph (1) when the appli-
3 cant so requests. However, the Director may set by regula-
4 tion the time for individual periods of extension, and pre-
5 scribe a fee, by regulation, for any extension request. Any
6 request for extension shall be filed on or before the date
7 on which a reply or amendment is due under paragraph
8 (1).’’.
9 SEC. 225. EX PARTE EXPUNGEMENT; EX PARTE REEXAM-
10 INATION; NEW GROUNDS FOR CANCELLA-
11 TION.
12 (a) EX PARTE EXPUNGEMENT.—The Trademark Act

13 of 1946 is amended by inserting after section 16 (15
14 U.S.C. 1066) the following:
15 ‘‘SEC. 16A. EX PARTE EXPUNGEMENT.
16 ‘‘(a) PETITION.—Notwithstanding sections 7(b) and

17 22, and subsections (a) and (b) of section 33, any person
18 may file a petition to expunge a registration of a mark
19 on the basis that the mark has never been used in com-
20 merce on or in connection with some or all of the goods
21 or services recited in the registration.
22 ‘‘(b) CONTENTS OF PETITION.—A petition filed
23 under subsection (a), together with any supporting docu-
24 ments, shall—
December 21, 2020 (7:54 a.m.)

144
1 ‘‘(1) identify the registration that is the subject
2 of the petition;
3 ‘‘(2) identify each good or service recited in the
4 registration for which it is alleged that the mark has
5 never been used in commerce;
6 ‘‘(3) include a verified statement that sets
7 forth—
8 ‘‘(A) the elements of the reasonable inves-
9 tigation the petitioner conducted to determine
10 that the mark has never been used in commerce
11 on or in connection with the goods and services
12 identified in the petition; and
13 ‘‘(B) any additional facts that support the
14 allegation that the mark has never been used in
15 commerce on or in connection with the identi-
16 fied goods and services;
17 ‘‘(4) include any supporting evidence on which
18 the petitioner relies; and
19 ‘‘(5) be accompanied by the fee prescribed by
20 the Director.
21 ‘‘(c) INITIAL DETERMINATION; INSTITUTION.—
22 ‘‘(1) PRIMA FACIE CASE DETERMINATION, IN-
23 STITUTION, AND NOTIFICATION.—The Director

24 shall, for each good or service identified under sub-
25 section (b)(2), determine whether the petition sets
December 21, 2020 (7:54 a.m.)

145
1 forth a prima facie case of the mark having never
2 been used in commerce on or in connection with
3 each such good or service, institute an ex parte
4 expungement proceeding for each good or service for
5 which the Director determines that a prima facie
6 case has been set forth, and provide a notice to the
7 registrant and petitioner of the determination of
8 whether or not the proceeding was instituted. Such
9 notice shall include a copy of the petition and any
10 supporting documents and evidence that were in-
11 cluded with the petition.
12 ‘‘(2) REASONABLE INVESTIGATION GUID-
13 ANCE.—The Director shall promulgate regulations

14 regarding what constitutes a reasonable investigation
15 under subsection (b)(3) and the general types of evi-
16 dence that could support a prima facie case that a
17 mark has never been used in commerce, but the Di-
18 rector shall retain the discretion to determine wheth-
19 er a prima facie case is set out in a particular pro-
20 ceeding.
21 ‘‘(3) DETERMINATION BY DIRECTOR.—Any de-
22 termination by the Director whether or not to insti-
23 tute a proceeding under this section shall be final
24 and non-reviewable, and shall not prejudice any par-
25 ty’s right to raise any issue and rely on any evidence
December 21, 2020 (7:54 a.m.)

146
1 in any other proceeding, except as provided in sub-
2 section (j).
3 ‘‘(d) EX PARTE EXPUNGEMENT PROCEDURES.—The
4 procedures for ex parte expungement shall be the same
5 as the procedures for examination under section 12(b), ex-
6 cept that the Director shall promulgate regulations estab-
7 lishing and governing a proceeding under this section,
8 which may include regulations that—
9 ‘‘(1) set response and extension times particular
10 to this type of proceeding, which, notwithstanding
11 section 12(b)(3), need not be extendable to 6
12 months;
13 ‘‘(2) set limits governing the timing and num-
14 ber of petitions filed for a particular registration or
15 by a particular petitioner or real parties in interest;
16 and
17 ‘‘(3) define the relation of a proceeding under
18 this section to other proceedings concerning the
19 mark.
20 ‘‘(e) REGISTRANT’S EVIDENCE OF USE.—A reg-
21 istrant’s documentary evidence of use shall be consistent
22 with when a mark shall be deemed to be in use in com-
23 merce under the definition of ‘use in commerce’ in section
24 45, but shall not be limited in form to that of specimens
25 as provided in section 1(a).
December 21, 2020 (7:54 a.m.)

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U:\2021OMNI\Final\H133JLHS—68.

RULES COMMITTEE PRINT 116–68

SENATE AMENDMENT TO H.R. 133

In lieu of the matter proposed to be inserted by the

2 This Act may be cited as the ‘‘Consolidated Appro-

Sec. 1. Short title.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND

Title I—Agricultural Programs

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED

December 21, 2020 (10:27 a.m.)

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,

Title I—Military Personnel

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED

Title I—Corps of Engineers—Civil

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT

Title I—Department of the Treasury

DIVISION F—DEPARTMENT OF HOMELAND SECURITY

Title I—Departmental Management, Operations, Intelligence, and Oversight

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT,

Title I—Department of the Interior

December 21, 2020 (10:27 a.m.)

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN

Title I—Department of Labor

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021

Title I—Legislative Branch

DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND

Title I—Department of Defense

DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS,

Title I—Department of State and Related Agency

DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOP-

Title I—Department of Transportation

DIVISION M—CORONAVIRUS RESPONSE AND RELIEF

DIVISION N—ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF

DIVISION O—EXTENSIONS AND TECHNICAL CORRECTIONS

Title I—Immigration Extensions

December 21, 2020 (10:27 a.m.)

DIVISION P—NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT

DIVISION Q—FINANCIAL SERVICES PROVISIONS AND

DIVISION R—PROTECTING OUR INFRASTRUCTURE OF PIPELINES

DIVISION S—INNOVATION FOR THE ENVIRONMENT

DIVISION T—SMITHSONIAN AMERICAN WOMEN’S HISTORY MU-

DIVISION U—HOMELAND SECURITY AND GOVERNMENTAL

DIVISION V—AIRCRAFT CERTIFICATION, SAFETY, AND

DIVISION W—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

DIVISION X—SUPPORTING FOSTER YOUTH AND FAMILIES

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

DIVISION CC—HEALTH EXTENDERS

DIVISION DD—MONTANA WATER RIGHTS PROTECTION ACT

DIVISION EE—TAXPAYER CERTAINTY AND DISASTER TAX

DIVISION FF—OTHER MATTER

December 21, 2020 (10:27 a.m.)

2 Except as expressly provided otherwise, any reference

7 The explanatory statement regarding this Act, print-

December 21, 2020 (10:27 a.m.)

2 The following sums in this Act are appropriated, out

6 (a) Each amount designated in this Act by the Con-