Bill Summary
This legislation covers the budget and allocation of funds for various departments and programs within the Department of Defense, including provisions for the operation and maintenance of the military, procurement of equipment and weapons, and research and development. It also appropriates funds for the Department of Commerce, Department of Justice, National Science Foundation, and National Aeronautics and Space Administration. The legislation also allocates funds for initiatives in energy, nuclear energy, and environmental cleanup, as well as for various government agencies and programs. It also outlines the use of funds for education programs and amendments to the Higher Education Act. Additionally, the legislation addresses housing and community development programs, salaries and grants for public housing agencies, and designates funds for various agencies and programs.
Possible Impacts
1. The legislation sets restrictions and guidelines for the use of funds in the Department of Defense, prohibiting certain actions and reducing military assets, which will affect the operation and maintenance of the military and procurement of equipment and weapons.
2. The allocation of funds for various programs within the Department of Commerce, including the National Telecommunications and Information Administration and the National Oceanic and Atmospheric Administration, will have an impact on research and development activities and economic and statistical analysis programs.
3. The section of legislation designating over $3 billion for initiatives such as grid modernization and energy storage projects will have a direct effect on the development and advancement of these technologies, potentially benefiting US manufacturers and promoting more sustainable energy practices.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7617 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
2d Session
H. R. 7617
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 12, 2020
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2021, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense, Commerce, Justice, Science,
Energy and Water Development, Financial Services and General
Government, Labor, Health and Human Services, Education,
Transportation, Housing, and Urban Development Appropriations Act,
2021''.
SEC. 2. REFERENCES TO ACT.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 3. REFERENCES TO REPORT.
(a) Any reference to a ``report accompanying this Act'' contained
in division A of this Act shall be treated as a reference to House
Report 116-453. The effect of such Report shall be limited to division
A and shall apply for purposes of determining the allocation of funds
provided by, and the implementation of, division A.
(b) Any reference to a ``report accompanying this Act'' contained
in division B of this Act shall be treated as a reference to House
Report 116-455. The effect of such Report shall be limited to division
B and shall apply for purposes of determining the allocation of funds
provided by, and the implementation of, division B.
(c) Any reference to a ``report accompanying this Act'' contained
in division C of this Act shall be treated as a reference to House
Report 116-449. The effect of such Report shall be limited to division
C and shall apply for purposes of determining the allocation of funds
provided by, and the implementation of, division C.
(d) Any reference to a ``report accompanying this Act'' contained
in division D of this Act shall be treated as a reference to House
Report 116-456. The effect of such Report shall be limited to division
D and shall apply for purposes of determining the allocation of funds
provided by, and the implementation of, division D.
(e) Any reference to a ``report accompanying this Act'' contained
in division E of this Act shall be treated as a reference to House
Report 116-450. The effect of such Report shall be limited to division
E and shall apply for purposes of determining the allocation of funds
provided by, and the implementation of, division E.
(f) Any reference to a ``report accompanying this Act'' contained
in division F of this Act shall be treated as a reference to House
Report 116-452. The effect of such Report shall be limited to division
F and shall apply for purposes of determining the allocation of funds
provided by, and the implementation of, division F.
SEC. 4. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) Each amount designated in this Act by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 shall be available (or rescinded, if applicable) only if
the President subsequently so designates all such amounts and transmits
such designations to the Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2021, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $44,936,603,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $33,757,999,000
(reduced by $2,000,000) (increased by $2,000,000).
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $14,534,551,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $32,675,965,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 7038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $5,025,216,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,223,690,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$857,394,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,179,763,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$8,639,005,000 (increased by $10,000,000) (reduced by $10,000,000).
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$4,525,466,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$40,424,428,000 (increased by $500,000) (reduced by $5,000,000)
(increased by $2,000,000) (reduced by $1,000,000) (increased by
$1,000,000): Provided, That not to exceed $12,478,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Army, and payments may be made on
his certificate of necessity for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $49,248,117,000 (reduced by $1,500,000) (increased
by $2,000,000) (reduced by $1,000,000) (increased by $1,000,000):
Provided, That not to exceed $15,055,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or authority
of the Secretary of the Navy, and payments may be made on his
certificate of necessity for confidential military purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$7,512,336,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$33,595,328,000 (increased by $2,000,000) (reduced by $20,000,000)
(increased by $10,000,000): Provided, That not to exceed $7,699,000 can
be used for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Air Force, and
payments may be made on his certificate of necessity for confidential
military purposes.
Operation and Maintenance, Space Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by law,
$2,498,544,000 (reduced by $5,000,000) (reduced by $2,000,000).
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$38,967,817,000 (reduced by $7,700,000) (reduced by $4,000,000)
(reduced by $3,000,000) (increased by $3,000,000) (reduced by
$2,500,000) (reduced by $5,000,000) (reduced by $5,000,000) (reduced by
$5,000,000) (reduced by $4,000,000) (reduced by $500,000) (reduced by
$5,000,000) (reduced by $5,000,000) (reduced by $7,000,000) (reduced by
$31,306,000) (reduced by $4,000,000) (reduced by $382,084,000)
(increased by $382,084,000) (reduced by $4,000,000) (reduced by
$4,000,000) (reduced by $2,000,000) (reduced by $5,000,000) (increased
by $5,000,000) (reduced by $20,000,000) (reduced by $2,000,000)
(increased by $2,000,000) (reduced by $5,000,000) (reduced by
$1,000,000) (reduced by $15,000,000) (reduced by $6,000,000) (reduced
by $2,500,000) (increased by $2,500,000) (reduced by $10,000,000)
(reduced by $5,000,000) (reduced by $10,000,000): Provided, That not
more than $6,859,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States Code:
Provided further, That not to exceed $36,000,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of Defense, and payments may be made on
his certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this heading, not
less than $48,000,000 shall be made available for the Procurement
Technical Assistance Cooperative Agreement Program, of which not less
than $4,500,000 shall be available for centers defined in 10 U.S.C.
2411(1)(D): Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison office of the
Office of the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison office:
Provided further, That $17,732,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary of
Defense to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations to which
transferred: Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and maintenance
funds shall not apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this heading,
$659,225,000 (reduced by $5,000,000) (increased by $5,000,000), of
which $164,806,000 to remain available until September 30, 2022, shall
be available to provide support and assistance to foreign security
forces or other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of Defense
security cooperation programs; of which not less than $30,000,000 shall
be available for International Security Cooperation Programs with
countries in the United States Africa Command area of responsibility;
of which not less than $130,000,000 shall be available for
International Security Cooperation Programs with countries in the
United States Southern Command area of responsibility; and not to
exceed $21,814,000 shall be for Defense Security Cooperation Agency
headquarters expenses: Provided further, That the Secretary of Defense
shall notify the congressional defense committees in writing and not
fewer than 15 days prior to obligating funds for International Security
Cooperation Programs: Provided further, That the Secretary of Defense
shall provide quarterly reports to the Committees on Appropriations of
the House of Representatives and the Senate on the use and status of
funds provided under this heading: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,004,717,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,155,746,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $322,706,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,300,284,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,611,147,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $6,853,942,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $15,211,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $264,285,000 (reduced by
$5,000,000) (reduced by $10,000,000), to remain available until
transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $404,250,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $509,250,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,952,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $288,750,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $147,500,000, to remain available until
September 30, 2022: Provided, That such amounts shall not be subject to
the limitation in section 407(c)(3) of title 10, United States Code.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract or by
grants, under programs and activities of the Department of Defense
Cooperative Threat Reduction Program authorized under the Department of
Defense Cooperative Threat Reduction Act, $360,190,000, to remain
available until September 30, 2023.
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce Development
Account, $198,501,000, to remain available for obligation until
September 30, 2021: Provided, That no other amounts may be otherwise
credited or transferred to the Account, or deposited into the Account,
in fiscal year 2021 pursuant to section 1705(d) of title 10, United
States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,503,013,000 (increased by $5,500,000), to remain available
for obligation until September 30, 2023.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $3,419,333,000, to remain available for obligation until
September 30, 2023.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$3,696,263,000, to remain available for obligation until September 30,
2023.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $2,789,898,000, to remain available for
obligation until September 30, 2023.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes, $8,453,422,000
(reduced by $5,500,000) (reduced by $17,160,000) (increased by
$17,160,000) (increased by $5,000,000), to remain available for
obligation until September 30, 2023.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $17,710,109,000 (increased by $10,000,000), to
remain available for obligation until September 30, 2023.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $4,378,594,000, to remain available
for obligation until September 30, 2023.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $795,134,000 (increased by $5,000,000), to
remain available for obligation until September 30, 2023.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Columbia Class Submarine, $2,862,179,000;
Columbia Class Submarine (AP), $1,123,175,000;
Carrier Replacement Program (CVN-80), $904,800,000;
Carrier Replacement Program (CVN-81), $1,606,432,000;
Virginia Class Submarine, $4,603,213,000;
Virginia Class Submarine (AP), $2,173,187,000;
CVN Refueling Overhauls, $1,878,453,000;
CVN Refueling Overhauls (AP), $17,384,000;
DDG-1000 Program, $78,205,000;
DDG-51 Destroyer, $2,931,245,000;
DDG-51 Destroyer (AP), $29,297,000;
FFG-Frigate, $1,053,123,000;
LPD Flight II, $1,155,801,000;
TAO Fleet Oiler, $20,000,000;
Towing, Salvage, and Rescue Ship, $157,790,000;
LCU 1700, $87,395,000;
Service Craft, $244,147,000;
LCAC SLEP, $56,461,000;
For COVID-19 recovery for second, third, and fourth tier suppliers,
$100,000,000;
For outfitting, post delivery, conversions, and first destination
transportation, $806,539,000; and
Completion of Prior Year Shipbuilding Programs, $369,112,000.
In all: $22,257,938,000, to remain available for obligation until
September 30, 2025: Provided, That additional obligations may be
incurred after September 30, 2025, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards: Provided further, That funds
appropriated or otherwise made available by this Act for Columbia Class
Submarine (AP) may be available for the purposes authorized by
subsection (f), (g), (h) or (i) of section 2218a of title 10, United
States Code, only in accordance with the provisions of the applicable
subsection.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $9,986,796,000
(reduced by $5,000,000) (increased by $5,000,000), to remain available
for obligation until September 30, 2023: Provided, That such funds are
also available for the maintenance, repair, and modernization of
Pacific Fleet ships under a pilot program established for such
purposes.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $2,693,354,000 (increased by $31,306,000), to remain
available for obligation until September 30, 2023.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $19,587,853,000 (increased by $5,000,000), to
remain available for obligation until September 30, 2023.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,249,157,000, to remain
available for obligation until September 30, 2023.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $609,338,000, to remain available for
obligation until September 30, 2023.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; lease of passenger motor vehicles; and
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $23,603,470,000 (reduced by
$5,000,000), to remain available for obligation until September 30,
2023.
Procurement, Space Force
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories
therefor; ground handling equipment, and training devices; expansion of
public and private plants, Government-owned equipment and installation
thereof in such plants, erection of structures, and acquisition of
land, for the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $2,289,934,000, to remain
available for obligation until September 30, 2023.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $5,418,220,000, to remain available for obligation until
September 30, 2023.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
4518, 4531, 4532, and 4533), $191,931,000, to remain available until
expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$13,126,499,000 (reduced by $5,000,000) (reduced by $5,000,000)
(increased by $4,000,000) (increased by $5,000,000) (increased by
$4,000,000) (increased by $5,000,000) (reduced by $5,000,000)
(increased by $5,000,000) (increased by $3,000,000) (reduced by
$3,000,000) (increased by $4,000,000) (reduced by $5,000,000)
(increased by $5,000,000) (reduced by $4,000,000) (increased by
$4,000,000), to remain available for obligation until September 30,
2022.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$20,165,874,000 (increased by $7,700,000) (increased by $2,500,000)
(increased by $1,500,000) (increased by $5,000,000) (increased by
$4,000,000), to remain available for obligation until September 30,
2022: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$36,040,609,000 (increased by $5,000,000) (reduced by $250,000)
(increased by $250,000) (reduced by $2,500,000) (increased by
$2,500,000) (reduced by $5,000,000) (increased by $5,000,000)
(increased by $5,000,000) (increased by $20,000,000), to remain
available for obligation until September 30, 2022.
Research, Development, Test and Evaluation, Space Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$10,187,840,000 (increased by $4,000,000), to remain available until
September 30, 2022.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $24,617,177,000 (increased by
$5,000,000) (increased by $5,000,000) (reduced by $5,000,000)
(increased by $5,000,000) (increased by $5,000,000) (increased by
$5,000,000) (reduced by $5,000,000) (increased by $2,000,000) (reduced
by $3,000,000) (increased by $3,000,000) (increased by $20,000,000)
(increased by $5,000,000) (increased by $1,000,000) (increased by
$15,000,000) (increased by $5,000,000) (reduced by $5,000,000) (reduced
by $3,000,000) (increased by $3,000,000), to remain available for
obligation until September 30, 2022.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $210,090,000, to remain available for obligation
until September 30, 2022.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,348,910,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$33,297,902,000 (increased by $5,000,000) (reduced by $5,000,000)
(increased by $5,000,000) (increased by $10,000,000) (increased by
$2,000,000) (reduced by $4,000,000) (increased by $4,000,000)
(increased by $7,400,000) (reduced by $7,400,000); of which
$31,097,781,000 (reduced by $4,500,000) (reduced by $5,000,000)
(reduced by $5,000,000) (increased by $5,000,000), shall be for
operation and maintenance, of which not to exceed 1 percent shall
remain available for obligation until September 30, 2022, and of which
up to $16,024,715,000 may be available for contracts entered into under
the TRICARE program; of which $557,896,000, to remain available for
obligation until September 30, 2023, shall be for procurement; and of
which $1,642,225,000 (increased by $4,500,000) (increased by
$5,000,000) (increased by $5,000,000) (increased by $10,000,000)
(increased by $2,000,000), to remain available for obligation until
September 30, 2022, shall be for research, development, test and
evaluation: Provided, That, notwithstanding any other provision of law,
of the amount made available under this heading for research,
development, test and evaluation, not less than $8,000,000 shall be
available for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in African
nations: Provided further, That of the funds provided under this
heading for research, development, test and evaluation, not less than
$1,020,500,000 (increased by $4,500,000) (increased by $5,000,000)
(increased by $5,000,000) (increased by $10,000,000) (increased by
$2,000,000) shall be made available to the United States Army Medical
Research and Development Command to carry out the congressionally
directed medical research programs: Provided further, That the
Secretary of Defense shall submit to the Congressional defense
committees quarterly reports on the current status of the deployment of
the electronic health record: Provided further, That the Secretary of
Defense shall provide notice to the Congressional defense committees
not later than 10 business days after delaying the proposed timeline of
such deployment if such delay is longer than 1 week: Provided further,
That the Comptroller General of the United States shall perform
quarterly performance reviews of such deployment.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $889,500,000, of which $106,691,000 shall be
for operation and maintenance, of which no less than $51,009,000 shall
be for the Chemical Stockpile Emergency Preparedness Program,
consisting of $22,235,000 for activities on military installations and
$28,774,000, to remain available until September 30, 2022, to assist
State and local governments; $616,000 shall be for procurement, to
remain available until September 30, 2023, of which not less than
$616,000 shall be for the Chemical Stockpile Emergency Preparedness
Program to assist State and local governments; and $782,193,000, to
remain available until September 30, 2022, shall be for research,
development, test and evaluation, of which $775,699,000 shall only be
for the Assembled Chemical Weapons Alternatives program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $746,223,000, of which $421,029,000
shall be for counter-narcotics support; $123,704,000 (reduced by
$4,000,000) (increased by $4,000,000) shall be for the drug demand
reduction program; $195,979,000 (reduced by $4,000,000) (increased by
$4,000,000) shall be for the National Guard counter-drug program; and
$5,511,000 shall be for the National Guard counter-drug schools
program: Provided, That the funds appropriated under this heading shall
be available for obligation for the same time period and for the same
purpose as the appropriation to which transferred: Provided further,
That upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority contained
elsewhere in this Act: Provided further, That funds appropriated under
this heading for counter-narcotics support may only be transferred 15
days following written notification to the congressional defense
committees.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $387,696,000, of which $385,740,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; of which $858,000, to remain available for obligation until
September 30, 2023, shall be for procurement; and of which $1,098,000,
to remain available until September 30, 2022, shall be for research,
development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $619,728,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer not
to exceed $1,000,000,000 of working capital funds of the Department of
Defense or funds made available in this Act to the Department of
Defense for military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to be merged
with and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations of the House of Representatives and the
Senate for reprogramming of funds, unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, That a request for multiple reprogrammings of funds using
authority provided in this section shall be made prior to June 30,
2021: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2021: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement:
Provided, That this subsection shall not apply to transfers from the
following appropriations accounts:
``Environmental Restoration, Army'';
``Environmental Restoration, Navy'';
``Environmental Restoration, Air Force'';
``Environmental Restoration, Defense-Wide''; and
``Environmental Restoration, Formerly Used Defense Sites''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer: Provided
further, That except in amounts equal to the amounts appropriated to
working capital funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance
procurement activities in the fiscal year covered by the
budget, full funding of procurement of such unit in that fiscal
year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of title 10, United States Code, and
these obligations shall be reported as required by section 401(d) of
title 10, United States Code: Provided, That funds available for
operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized
by Public Law 99-239: Provided further, That upon a determination by
the Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on the basis
of any constraint or limitation in terms of man years, end strength,
full-time equivalent positions, or maximum number of employees, but are
to be managed primarily on the basis of, and in a manner consistent
with--
(1) the total force management policies and procedures
established under section 129a of title 10, United States Code;
(2) the workload required to carry out the functions and
activities of the Department; and
(3) the funds made available to the Department for such
fiscal year.
(b) None of the funds appropriated by this Act may be used to
reduce the civilian workforce programmed full time equivalent levels
absent the appropriate analysis of the impacts of these reductions on
workload, military force structure, lethality, readiness, operational
effectiveness, stress on the military force, and fully burdened costs.
(c) None of the funds appropriated by this Act may be used for term
or temporary hiring authorities for enduring functions.
(d) A projection of the number of full-time equivalent positions
shall not be considered a constraint or limitation for purposes of
subsection (a) and reducing funding for under-execution of such a
projection shall not be considered managing based on a constraint or
limitation for purposes of such subsection.
(e) The fiscal year 2022 budget request for the Department of
Defense, and any justification material and other documentation
supporting such request, shall be prepared and submitted to Congress as
if subsections (a) and (b) were effective with respect to such fiscal
year.
(f) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only to
active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States:
Provided further, That when adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis,
the Secretary of the Service responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that such an acquisition must be made in order to acquire
capability for national security purposes.
Sec. 8017. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That, in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law, unless the small arms ammunition or ammunition
components are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in this
Act, $25,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 1906 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8022. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That,
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8023. (a) The Secretary of Defense shall notify the
congressional defense committees in writing not more than 15 days after
the receipt of any contribution of funds received from the government
of a foreign country for any purpose relating to the stationing or
operations of the United States Armed Forces.
(b) Any notification submitted under subsection (a) shall include
the amount of the contribution; the purpose for which such contribution
was made; and the authority under which such contribution was accepted
by the Secretary of Defense.
(c) The Secretary of Defense shall, not fewer than 15 days prior to
obligating funds received pursuant to subsection (a), submit to the
congressional defense committees in writing a notification of the
details of any such obligation, including--
(1) the total amount of such contributions and the date
received;
(2) the account or accounts to which such contributions
were deposited and may be subsequently transferred;
(3) a description of the purpose for which such
contributions were made; any contributions expected in future
years from the foreign country; any agreement or memorandum of
understanding between the United States and such country
relating to such contributions; and any associated in-kind
contributions;
(4) the planned use of such contributions, including
whether such contributions would support existing or new
stationing or operations of the United States Armed Forces; and
(5) a list of any additional congressional action or
notification (other than the notification required by this
section) needed prior to the obligation or expenditure of such
contributions.
(d) Nothing in this section may be construed to authorize the
Secretary to accept contributions from a foreign country.
Sec. 8024. (a) Of the funds made available in this Act, not less
than $56,205,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $43,205,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-drug
activities, and drug demand reduction activities involving
youth programs;
(2) $11,200,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,800,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8025. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year:
Provided, That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during the current fiscal
year may be used by a defense FFRDC, through a fee or other payment
mechanism, for construction of new buildings not located on a military
installation, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2021, not more than
6,110 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That, of the specific amount referred to
previously in this subsection, not more than 1,148 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program and the Military Intelligence Program.
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2022 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby increased by
$21,834,000: Provided, That this subsection shall not apply to
appropriations for the National Intelligence Program (NIP) and the
Military Intelligence Program (MIP).
Sec. 8026. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy, or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That
these restrictions shall not apply to contracts which are in being as
of the date of the enactment of this Act.
Sec. 8027. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8028. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8029. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2021. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreements Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means chapter 83 of title 41, United States Code.
Sec. 8030. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8031. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian Tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota,
and Washington relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force
Base, Ellsworth Air Force Base, and Minot Air Force Base that are
excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian Tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within a
reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian Tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian Tribe'' means any recognized
Indian Tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8032. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8033. Up to $14,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the United States Indo-Pacific Command to execute Theater
Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising
with foreign security forces: Provided, That funds made available for
this purpose may be used, notwithstanding any other funding authorities
for humanitarian assistance, security assistance or combined exercise
expenses: Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited from
receiving such type of assistance under any other provision of law.
Sec. 8034. The Secretary of Defense shall issue regulations to
prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the local
community: Provided, That such regulations shall direct that the
prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
Sec. 8035. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2022 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2022 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2022 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8036. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2022: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947 (50
U.S.C. 3093) shall remain available until September 30, 2022: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for the construction, improvement, or alteration of
facilities, including leased facilities, to be used primarily by
personnel of the intelligence community shall remain available until
September 30, 2023.
Sec. 8037. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
Tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8038. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality competitive, and available in a timely fashion.
Sec. 8039. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and the Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary
Operations for the Department of Defense and authorized Federal
entities.
Sec. 8040. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by Department of Defense civilian
employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (section
8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals in
accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an Indian
Tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)),
or a Native Hawaiian Organization, as defined in section
8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism or as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended:
``Weapons and Tracked Combat Vehicles, Army'', 2019/2021,
$14,250,000;
``Other Procurement, Army'', 2019/2021, $12,953,000;
``Aircraft Procurement, Navy'', 2019/2021, $7,983,000;
``Other Procurement, Navy'', 2019/2021, $2,226,000;
``Aircraft Procurement, Air Force'', 2019/2021, $236,624,000;
``Other Procurement, Air Force'', 2019/2021, $12,400,000;
``Operation and Maintenance, Defense-Wide: Defense Security
Cooperation Agency'', 2020/2021, $20,000,000;
``Weapons and Tracked Combat Vehicles, Army'', 2020/2022,
$93,840,000;
``Other Procurement, Army'', 2020/2022, $10,878,000;
``Aircraft Procurement, Navy'', 2020/2022, $351,009,000;
``Shipbuilding and Conversation, Navy: CVN Refueling Overhauls'',
2020/2024, $13,100,000;
``Shipbuilding and Conversion, Navy: TAO Fleet Oiler (AP)'', 2020/
2024, $73,000,000;
``Other Procurement, Navy'', 2020/2022, $60,920,000;
``Procurement, Marine Corps'', 2020/2022, $33,539,000;
``Aircraft Procurement, Air Force'', 2020/2022, $439,458,000;
``Missile Procurement, Air Force'', 2020/2022, $24,500,000;
``Other Procurement, Air Force'', 2020/2022, $11,226,000;
``Research, Development, Test and Evaluation, Army'', 2020/2021,
$310,622,000;
``Research, Development, Test and Evaluation, Navy'', 2020/2021,
$70,000,000;
``Research, Development, Test and Evaluation, Air Force'', 2020/
2021, $219,341,000;
``Research, Development, Test and Evaluation, Defense-Wide'', 2020/
2021, $323,231,000; and
``Defense Counterintelligence and Security Agency Working Capital
Fund'', 2020/20XX, $150,000,000.
Sec. 8042. None of the funds available in this Act may be used to
reduce the authorized positions for military technicians (dual status)
of the Army National Guard, Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military
technicians (dual status), unless such reductions are a direct result
of a reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8044. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8045. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 103 of title 41, United States Code, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8047. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $47,500,000 is hereby
appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $22,500,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
Sec. 8048. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8049. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they
contribute to the extramural budget.
Sec. 8050. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8052. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account:
Provided, That the Under Secretary of Defense (Comptroller) shall
include with the budget of the President for fiscal year 2022 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code) a statement describing each instance if any, during each
of the fiscal years 2016 through 2021 in which the authority in this
section was exercised.
Sec. 8053. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
(including transfer of funds)
Sec. 8054. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $40,000,000 (increased by
$6,000,000) shall be for continued implementation and expansion of the
Sexual Assault Special Victims' Counsel Program: Provided, That the
funds are made available for transfer to the Department of the Army,
the Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with and
available for the same purposes and for the same time period as the
appropriations to which the funds are transferred: Provided further,
That this transfer authority is in addition to any other transfer
authority provided in this Act.
Sec. 8055. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That the Secretary
of Defense shall, at the time of the submittal to Congress of the
budget of the President for fiscal year 2022 pursuant to section 1105
of title 31, United States Code, submit to the congressional defense
committees a report detailing the use of funds requested in research,
development, test and evaluation accounts for end-items used in
development, prototyping and test activities preceding and leading to
acceptance for operational use: Provided further, That the report
shall set forth, for each end-item covered by the preceding proviso, a
detailed list of the statutory authorities under which amounts in the
accounts described in that proviso were used for such item: Provided
further, That this restriction does not apply to programs funded within
the National Intelligence Program: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8056. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8057. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8058. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 45 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees.
Sec. 8059. The Secretary of Defense shall continue to provide a
classified quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8060. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8061. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8062. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8063. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $137,724,000 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered
into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8064. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the
National Intelligence Program budget, including through
the creation of a new appropriation or new
appropriation account;
(2) how the National Intelligence Program budget
request is presented in the unclassified P-1, R-1, and
O-1 documents supporting the Department of Defense
budget request;
(3) the process by which the National Intelligence
Program appropriations are apportioned to the executing
agencies; or
(4) the process by which the National Intelligence
Program appropriations are allotted, obligated, and
disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such change
is otherwise in accordance with paragraphs (a)(1)-(3).
Sec. 8065. In addition to amounts provided elsewhere in this Act,
$5,000,000 (increased by $5,000,000) is hereby appropriated to the
Department of Defense, to remain available for obligation until
expended: Provided, That notwithstanding any other provision of law,
that upon the determination of the Secretary of Defense that it shall
serve the national interest, these funds shall be available only for a
grant to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
(including transfer of funds)
Sec. 8066. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8067. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command operational and administrative control of
United States Navy forces assigned to the Pacific fleet: Provided,
That the command and control relationships which existed on October 1,
2004, shall remain in force until a written modification has been
proposed to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the proposed
modification may be implemented 30 days after the notification unless
an objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall not
preclude the ability of the commander of United States Indo-Pacific
Command to meet operational requirements.
Sec. 8068. Any notice that is required to be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate under section 806(c)(4) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) after the
date of the enactment of this Act shall be submitted pursuant to that
requirement concurrently to the Subcommittees on Defense of the
Committees on Appropriations of the House of Representatives and the
Senate.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under the
headings ``Procurement, Defense-Wide'' and ``Research, Development,
Test and Evaluation, Defense-Wide'', $500,000,000 shall be for the
Israeli Cooperative Programs: Provided, That of this amount,
$73,000,000 shall be for the Secretary of Defense to provide to the
Government of Israel for the procurement of the Iron Dome defense
system to counter short-range rocket threats, subject to the U.S.-
Israel Iron Dome Procurement Agreement, as amended; $177,000,000 shall
be for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under the
SRBMD program, of which $50,000,000 shall be for co-production
activities of SRBMD systems in the United States and in Israel to meet
Israel's defense requirements consistent with each nation's laws,
regulations, and procedures, subject to the U.S.-Israeli co-production
agreement for SRBMD, as amended; $77,000,000 shall be for an upper-tier
component to the Israeli Missile Defense Architecture, of which
$77,000,000 shall be for co-production activities of Arrow 3 Upper Tier
systems in the United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations, and
procedures, subject to the U.S.-Israeli co-production agreement for
Arrow 3 Upper Tier, as amended; and $173,000,000 shall be for the Arrow
System Improvement Program including development of a long range,
ground and airborne, detection suite: Provided further, That the
transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $369,112,000 shall be
available until September 30, 2021, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion,
Navy'', 2008/2021: Carrier Replacement Program $71,000,000;
(2) Under the heading ``Shipbuilding and Conversion,
Navy'', 2015/2021: DDG-51 Destroyer $9,634,000;
(3) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2021: CVN Refueling Overhauls $198,000,000;
(4) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2021: LPD-17 $30,578,000;
(5) Under the heading ``Shipbuilding and Conversion,
Navy'', 2016/2021: TAO Fleet Oiler $42,500,000; and
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2021: TAO Fleet Oiler $17,400,000.
Sec. 8071. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 3094)
during fiscal year 2021 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2021.
Sec. 8072. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity,
unless the Secretary of Defense notifies the congressional defense
committees not less than 30 days in advance (or in an emergency, as far
in advance as practicable) that such program, project, or activity must
be undertaken immediately in the interest of national security and only
after written prior notification to the congressional defense
committees.
Sec. 8073. The budget of the President for fiscal year 2022
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That these
documents shall include a description of the funding requested for each
contingency operation, for each military service, including all Active
and Reserve components, and for each appropriations account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic data
including, but not limited to, troop strength for each Active and
Reserve component, and estimates of the major weapons systems deployed
in support of each contingency: Provided further, That these documents
shall include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the 2 preceding fiscal
years.
Sec. 8074. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8075. The Secretary of Defense may use up to $500,000,000 of
the amounts appropriated or otherwise made available in this Act to the
Department of Defense for the rapid acquisition and deployment of
supplies and associated support services pursuant to section 806 of the
Bob Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 10 U.S.C. 2302 note): Provided, That the
Secretary of Defense shall notify the congressional defense committees
promptly of all uses of such authority.
Sec. 8076. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow
the 53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8077. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8078. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8079. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2022.
Sec. 8080. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8081. (a) Not later than 60 days after the date of enactment
of this Act, the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2021: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8082. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by this
Act, for support to friendly foreign countries in connection with the
conduct of operations in which the United States is not participating,
pursuant to section 331(d) of title 10, United States Code, shall be
made in accordance with section 8005 or 9002 of this Act, as
applicable.
Sec. 8083. Any transfer of amounts appropriated to, credited to,
or deposited in the Department of Defense Acquisition Workforce
Development Account in or for fiscal year 2021 to a military department
or Defense Agency pursuant to section 1705(e)(1) of title 10, United
States Code, shall be covered by and subject to section 8005 or 9002 of
this Act, as applicable.
Sec. 8084. None of the funds made available by this Act for excess
defense articles, assistance under section 333 of title 10, United
States Code, or peacekeeping operations for the countries designated
annually to be in violation of the standards of the Child Soldiers
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be
used to support any military training or operation that includes child
soldiers, as defined by the Child Soldiers Prevention Act of 2008,
unless such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8085. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming or
transfer of funds in accordance with section 102A(d) of the National
Security Act of 1947 (50 U.S.C. 3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease
of the levels specified in the classified annex accompanying the Act
unless the congressional intelligence committees are notified 30 days
in advance of such reprogramming of funds; this notification period may
be reduced for urgent national security requirements.
Sec. 8086. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
(including transfer of funds)
Sec. 8087. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
Sec. 8088. None of the funds appropriated by this Act may be
available for the purpose of making remittances to the Department of
Defense Acquisition Workforce Development Account in accordance with
section 1705 of title 10, United States Code.
Sec. 8089. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 8090. (a) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract for an
amount in excess of $1,000,000, unless the contractor agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention;
or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available by
this Act may be expended for any Federal contract unless the contractor
certifies that it requires each covered subcontractor to agree not to
enter into, and not to take any action to enforce any provision of, any
agreement as described in paragraphs (1) and (2) of subsection (a),
with respect to any employee or independent contractor performing work
related to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract in excess
of $1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or
independent contractors that may not be enforced in a court of the
United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor for
the purposes of a particular contract or subcontract if the Secretary
or the Deputy Secretary personally determines that the waiver is
necessary to avoid harm to national security interests of the United
States, and that the term of the contract or subcontract is not longer
than necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the contract or
subcontract term selected, and shall state any alternatives considered
in lieu of a waiver and the reasons each such alternative would not
avoid harm to national security interests of the United States. The
Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8091. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$137,000,000, shall be available for transfer to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund in accordance with the provisions of section 1704 of
the National Defense Authorization Act for Fiscal Year 2010, Public Law
111-84: Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
as described by section 706 of Public Law 110-417: Provided further,
That additional funds may be transferred from funds appropriated for
operation and maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund upon written notification by the Secretary of
Defense to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 8092. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8093. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for
the physical security of personnel or for force protection purposes up
to a limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8094. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,000,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2021.
Sec. 8095. None of the funds made available by this Act may be
used in contravention of the War Powers Resolution (50 U.S.C. 1541 et
seq.).
Sec. 8096. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that--
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with respect
to a waiver issued by the Secretary of Defense pursuant to subsection
(b), and not later than 90 days after the date on which such a waiver
is issued by the Secretary of Defense, the Inspector General shall
submit to the congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
Sec. 8097. None of the funds made available in this Act may be
used for the purchase or manufacture of a flag of the United States
unless such flags are treated as covered items under section 2533a(b)
of title 10, United States Code.
Sec. 8098. The Secretary of Defense shall post grant awards on a
public website in a searchable format.
Sec. 8099. The Secretary of each military department, in reducing
each research, development, test and evaluation and procurement account
of the military department as required under paragraph (1) of section
828(d) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2430 note), as amended by section
825(a)(3) of the National Defense Authorization Act for Fiscal Year
2018, shall allocate the percentage reduction determined under
paragraph (2) of such section 828(d) proportionally from all programs,
projects, or activities under such account: Provided, That the
authority under section 804(d)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) to
transfer amounts available in the Rapid Prototyping Fund shall be
subject to section 8005 or 9002 of this Act, as applicable.
Sec. 8100. None of the funds made available by this Act may be
used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person from
a provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
Sec. 8101. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8102. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $436,029,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses related
to the National Defense Reserve Fleet.
Sec. 8103. None of the funds made available in this Act may be
obligated for activities authorized under section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support
to, foreign forces, irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance with the
direction contained in the classified annex accompanying this Act, not
less than 15 days before initiating such support: Provided, That none
of the funds made available in this Act may be used under section 1208
for any activity that is not in support of an ongoing military
operation being conducted by United States Special Operations Forces to
combat terrorism: Provided further, That the Secretary of Defense may
waive the prohibitions in this section if the Secretary determines that
such waiver is required by extraordinary circumstances and, by not
later than 72 hours after making such waiver, notifies the
congressional defense committees of such waiver.
Sec. 8104. (a) None of the funds provided in this Act for the TAO
Fleet Oiler program shall be used to award a new contract that provides
for the acquisition of the following components unless those components
are manufactured in the United States: Auxiliary equipment (including
pumps) for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes.
(b) None of the funds provided in this Act for the FFG(X) Frigate
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Air circuit breakers; gyrocompasses;
electronic navigation chart systems; steering controls; pumps;
propulsion and machinery control systems; totally enclosed lifeboats;
auxiliary equipment pumps; shipboard cranes; auxiliary chill water
systems; and propulsion propellers: Provided, That the Secretary of
the Navy shall incorporate United States manufactured propulsion
engines and propulsion reduction gears into the FFG(X) Frigate program
beginning not later than with the eleventh ship of the program.
Sec. 8105. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Account may be transferred to--
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8106. None of the funds made available by this Act may be
used for Government Travel Charge Card expenses by military or civilian
personnel of the Department of Defense for gaming, or for entertainment
that includes topless or nude entertainers or participants, as
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8107. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities, or for any activity necessary
for the national defense, including intelligence activities.
Sec. 8108. None of the funds appropriated by this Act may be made
available to deliver F-35 air vehicles or any other F-35 weapon system
equipment to the Republic of Turkey, except in accordance with section
1245 of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
Sec. 8109. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by this Act
to the Global Engagement Center established by section 1287 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 22 U.S.C. 2656 note) shall be made in accordance with section
8005 or 9002 of this Act, as applicable.
Sec. 8110. In addition to amounts provided elsewhere in this Act,
there is appropriated $270,000,000, for an additional amount for
``Operation and Maintenance, Defense-Wide'', to remain available until
expended: Provided, That such funds shall only be available to the
Secretary of Defense, acting through the Office of Economic Adjustment
of the Department of Defense, or for transfer to the Secretary of
Education, notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal funds to
construct, renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity or
facility condition deficiencies at such schools: Provided further,
That in making such funds available, the Office of Economic Adjustment
or the Secretary of Education shall give priority consideration to
those military installations with schools having the most serious
capacity or facility condition deficiencies as determined by the
Secretary of Defense: Provided further, That as a condition of
receiving funds under this section a local educational agency or State
shall provide a matching share as described in the notice titled
``Department of Defense Program for Construction, Renovation, Repair or
Expansion of Public Schools Located on Military Installations''
published by the Department of Defense in the Federal Register on
September 9, 2011 (76 Fed. Reg. 55883 et seq.): Provided further, That
these provisions apply to funds provided under this section, and to
funds previously provided by Congress to construct, renovate, repair,
or expand elementary and secondary public schools on military
installations in order to address capacity or facility condition
deficiencies at such schools to the extent such funds remain
unobligated on the date of enactment of this section.
Sec. 8111. In carrying out the program described in the memorandum
on the subject of ``Policy for Assisted Reproductive Services for the
Benefit of Seriously or Severely Ill/Injured (Category II or III)
Active Duty Service Members'' issued by the Assistant Secretary of
Defense for Health Affairs on April 3, 2012, and the guidance issued to
implement such memorandum, the Secretary of Defense shall apply such
policy and guidance, except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G) and in
part IV(H) of such memorandum shall not apply; and
(2) the term ``assisted reproductive technology'' shall
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
Sec. 8112. None of the funds provided for, or otherwise made
available, in this or any prior Act making appropriations to the
Department of Defense, may be obligated or expended by the Secretary of
Defense to provide motorized vehicles, aviation platforms, munitions
other than small arms and munitions appropriate for customary
ceremonial honors, operational military units, or operational military
platforms if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such units,
platforms, or equipment.
Sec. 8113. The Secretary of Defense may obligate and expend funds
made available under this Act for procurement or for research,
development, test and evaluation for the F-35 Joint Strike Fighter to
modify up to six F-35 aircraft, including up to two F-35 aircraft of
each variant, to a test configuration: Provided, That the Secretary of
Defense shall, with the concurrence of the Secretary of the Air Force
and the Secretary of the Navy, notify the congressional defense
committees not fewer than 30 days prior to obligating and expending
funds under this section: Provided further, That any transfer of funds
pursuant to the authority provided in this section shall be made in
accordance with section 8005 or 9002 of this Act, as appropriate, if
applicable: Provided further, That aircraft referred to previously in
this section are not additional to aircraft referred to in section 8135
of the Department of Defense Appropriations Act, 2019 and section 8126
of the Department of Defense Appropriations Act, 2020.
Sec. 8114. Amounts appropriated for ``Defense Health Program'' in
this Act and hereafter may be obligated to make death gratuity
payments, as authorized in subchapter II of chapter 75 of title 10,
United States Code, if no appropriation for ``Military Personnel'' is
available for obligation for such payments: Provided, That such
obligations may subsequently be recorded against appropriations
available for ``Military Personnel''.
Sec. 8115. (a) None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to any corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement with
the authority responsible for collecting such tax liability, provided
that the applicable Federal agency is aware of the unpaid Federal tax
liability.
(b) Subsection (a) shall not apply if the applicable Federal agency
has considered suspension or debarment of the corporation described in
such subsection and has made a determination that such suspension or
debarment is not necessary to protect the interests of the Federal
Government.
Sec. 8116. During fiscal year 2021, any advance billing for
background investigation services and related services purchased from
activities financed using Defense Working Capital Funds shall be
excluded from the calculation of cumulative advance billings under
section 2208(l)(3) of title 10, United States Code.
Sec. 8117. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National
Reconnaissance Office to the United States Space Force.
Sec. 8118. None of the funds appropriated or otherwise made
available by this Act may be used to transfer any element of the
Department of the Army, the Department of the Navy, or a Defense Agency
to the United States Space Force unless, not less than 60 days prior to
initiating such transfer, the Secretary of Defense certifies in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that such transfer is in the national security interest of
the United States and will not have an adverse impact on the Department
or agency from which such element is being transferred: Provided, That
such certification shall include a detailed description of the element
and timeline for such transfer.
Sec. 8119. Funds appropriated in titles I and IX of this Act under
the heading ``Military Personnel'' may be used for expenses described
therein for members of the United States Space Force on active duty:
Provided, that amounts appropriated under such headings may be used for
payments pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retirement
Fund.
Sec. 8120. Prior to the initial obligation of funds made available
in titles II and IX of this Act for the Defense Security Cooperation
Agency (DSCA), the Director of DSCA shall submit a spend plan by budget
activity and sub-activity to the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That for funds
planned for International Security Cooperation Programs, the Director
shall, in coordination with the commanders of each geographic combatant
command, include amounts planned for each combatant command and
country, and a comparison to such amounts provided in the previous 3
fiscal years: Provided further, That amounts in such plan shall only
reflect those amounts designated in the fiscal year 2021 budget
justification materials and modified by the fiscal year 2021
appropriations adjustments in this Act and in the table in the report
accompanying this Act: Provided further, That the Secretary of Defense
shall notify such Committees in writing and not fewer than 15 days
prior to obligating such funds for any proposed new projects or
activities, or transfer of funds between budget sub-activity groups:
Provided further, That such plan shall be updated and submitted to such
Committees upon notification of such funds to include a justification
for any changes: Provided further, That a similar plan shall be
provided to such Committees outlining funds requested for fiscal year
2022 with the submission of the fiscal year 2022 budget request.
Sec. 8121. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $436,000,000.
Sec. 8122. Notwithstanding any other provision of this Act, to
reflect savings due to lower than anticipated fuel costs, the total
amount appropriated in this Act is hereby reduced by $1,000,000,000.
Sec. 8123. None of the funds appropriated by this Act may be used
to exclude, or implement the exclusion of, the Department of Defense,
or any agency, activity, or subdivision thereof, from coverage under
section 7103(b)(1) or (2) of title 5, United States Code (commonly
referred to as the ``Federal Service Labor-Management Relations
Statute'').
Sec. 8124. Not later than 60 days after the date of enactment of
this Act, the Secretary of Defense, in coordination with the Secretary
of State, shall provide all relevant information and documents to the
appropriate judicial authorities in El Salvador investigating the
December 1981 massacre in El Mozote: Provided, That not later than 30
days following such action, the Secretary of Defense shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate describing the information and documents
provided and the authorities that received them.
Sec. 8125. (a) Funds appropriated under title IV of this Act may be
used for expenses for agile development, test and evaluation,
procurement, production and modification, and the operation and
maintenance for the following software pilot programs--
(1) Space Command and Control (PE1203614SF);
(2) Algorithmic Warfare Cross Functional Team
(PE0308588D8Z);
(3) Risk Management Information (PE0608013N);
(4) Maritime Tactical Command Control (PE0608231N);
(5) National Background Investigation Services
(PE0608197V);
(6) Global Command and Control System - Joint
(PE0308150K);
(7) Defensive Cyber Operations Army (PE0608041A);
and
(8) Acquisition Visibility (PE0608648D8Z).
(b) Not later than 30 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a plan
for carrying out each pilot program specified in subsection (a),
including goals and metrics for each program.
(c) Following the submission of the plan under subsection (b), the
Secretary of Defense shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a quarterly report on
the status of each pilot program specified in subsection (a).
Sec. 8126. (a) Not later than 30 days after the date of the
enactment of this Act, and quarterly thereafter, the Secretary of
Defense shall submit to the congressional defense committees a report
that includes--
(1) the number of members of the Armed Forces deployed by each
geographic combatant command (other than United States Northern
Command), set forth separately by each of the Armed Forces and whether
regular, National Guard, or Reserve;
(2) the number of Department of Defense civilian employees deployed
by each geographic combatant command (other than United States Northern
Command);
(3) the number of Department of Defense contractor employees
deployed by each geographic combatant command (other than United States
Northern Command); and
(4) for each category of personnel described in paragraphs (1)
through (3), the country and named operation to which such personnel
are assigned, if applicable; a description of the functions performed
by such personnel; and a comparison of the number of personnel to the
number of such personnel in reports previously submitted under this
section.
(b) Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Sec. 8127. Not more than 15 days before deploying a security force
assistance brigade of the United States Army to a friendly foreign
country to conduct a program to provide training or equipment to the
security forces of such country to build the capacity of such forces,
the Secretary of Defense shall submit to the congressional defense
committees a notification that includes--
(1) an identification of the United States Army brigade,
including the number of individuals to be deployed;
(2) a description of any education and training provided to
such brigade before deployment in order to conduct the program,
including on the language, cultural, and the social dynamics of
the friendly foreign country where the program would be
conducted;
(3) a description of the amount, type, and purpose of the
training or equipment to be provided under the program;
(4) the authority under which the program is authorized,
whether congressional notification (other than the notification
required by this section) is required to conduct the program
under such authority, and whether such notification has been
made;
(5) an identification of the foreign country in which the
program would be conducted, the specific security forces whose
capacity would be built under the program, and an evaluation of
the ability of such forces to absorb the training and equipment
to be provided under the program;
(6) the cost, implementation timeline, and delivery
schedule for the training and equipment to be provided under
the program, and the source of funds;
(7) a description of any arrangements made for sustainment
of the program;
(8) information, including the amount, type, and purpose,
of any prior assistance provided to the foreign country by any
security force assistance brigade of the United States Army;
(9) information, including the amount, type, and purpose,
on the security assistance provided to the foreign country
during the current and prior fiscal year under other train and
equip programs, and a description of how the training and
equipment to be provided under the program fits into the
overall objective of such programs; and
(10) a description of whether training and equipment to be
provided under the program could be provided pursuant to other
train and equip authorities.
Sec. 8128. Of funds made available by section 8102 of the
Department of Defense Appropriations Act, 2014 (division C of Public
Law 113-76) that remain unobligated as of the date of the enactment of
this Act, up to $13,000,000 shall be available for grants, cooperative
agreements, and to supplement other Federal funds for the following
authorized purposes: public healthcare professionals and public health
laboratory staff; laboratory and medical equipment; and medical
supplies: Provided, That the Secretary of Defense shall, not less than
15 days prior to obligating funds made available for such purposes,
notify the congressional defense committees in writing of the details
of any such obligation.
Sec. 8129. None of the funds provided in this Act for requirements
development, performance specification development, concept design and
development, ship configuration development, systems engineering, naval
architecture, marine engineering, operations research analysis,
industry studies, preliminary design, development of the Detailed
Design and Construction Request for Proposals solicitation package, or
related activities for the AS(X) Submarine Tender, T-ARC(X) Cable
Laying and Repair Ship, T-AGOS(X) Oceanographic Surveillance Ship,
Light Amphibious Warship, Next Generation Medium Amphibious Ship, or
Next Generation Medium Logistics Ship may be used to award a new
contract for such activities unless these contracts include
specifications that all hull, mechanical, and electrical components are
manufactured in the United States.
Sec. 8130. None of the funds made available by this Act may be
obligated or expended for the purpose of decommissioning any Navy
Littoral Combat Ships.
Sec. 8131. (a) Not later than 3 days after a significant deployment
or redeployment of members of the Armed Forces to a location outside
the United States, the Secretary of Defense shall submit to the
congressional defense committees a notification that includes--
(1) the number of members of the Armed Forces
deployed or redeployed;
(2) the name of each unit deployed or redeployed;
(3) the duration of the orders for the deployment
or redeployment;
(4) the location of the deployment or redeployment;
(5) the purpose for the deployment or redeployment;
(6) the estimated cost of the deployment or
redeployment over such timeline; and
(7) an explanation of how the Secretary intends to
pay the costs of such deployment or redeployment,
including identification of the specific accounts that
will be used to pay such costs for each fiscal year.
(b) Each notification under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Nothing in this section shall be construed to authorize a
deployment or redeployment.
Sec. 8132. None of the funds made available by this Act may be
obligated or expended in a manner that does not comply with the
requirements of section 365 of H.R. 7120, One Hundred Sixteenth
Congress, as passed by the House of Representatives on June 25, 2020.
Sec. 8133. None of the funds made available by this Act or any
prior Department of Defense Appropriations Acts may be used to conduct,
or make specific preparations for, any explosive nuclear weapons test
that produces any yield.
Sec. 8134. None of the funds appropriated or otherwise made
available by this Act or any prior Department of Defense Appropriations
Acts may be used to construct a wall, fence, border barriers, or border
security infrastructure along the southern land border of the United
States: Provided, That none of the funds appropriated or otherwise made
available under the heading ``Drug Interdiction and Counter-drug
Activities, Defense'' in title VI of this Act may be used for the
construction of fences pursuant to subsection (b)(7) of section 284 of
title 10, United States Code.
Sec. 8135. Notwithstanding any other provision of law, funds made
available to the Department of Defense for fiscal year 2020 that were
transferred by such Department on February 13, 2020, and remain
unobligated as of the date of the enactment of this Act shall be
returned to the original account or accounts and may not be used for
any purpose other than the original purposes for which they were
appropriated by the Department of Defense Appropriations Act, 2020
(division A of Public Law 116-93), notwithstanding the transfer
authority provided by section 8005 of such Act.
Sec. 8136. None of the funds made available by this Act may be
used for members of the Armed Forces serving on active duty in support
of security or immigration enforcement operations at the southern
border unless the agency requesting such support enters into an
agreement with the Secretary of Defense to reimburse the Department of
Defense for all costs incurred by the Department to provide such
services.
Sec. 8137. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Defense- Wide'', $50,000,000, to
remain available until September 30, 2022: Provided, That such funds
shall only be available to the Secretary of Defense, acting through the
Office of Economic Adjustment of the Department of Defense, to make
grants to communities impacted by military aviation noise for the
purpose of installing noise mitigating insulation at covered
facilities: Provided further, That, to be eligible to receive a grant
under the program, a community must enter into an agreement with the
Secretary under which the community prioritizes the use of funds for
the installation of noise mitigation at covered facilities in the
community: Provided further, That, in carrying out the program, the
Secretary of Defense shall coordinate and minimize duplication of
efforts with the noise mitigation program established under part 150 of
title 14, Code of Federal Regulations: Provided further, That, in this
section, the term ``covered facilities'' means hospitals, daycare
facilities, schools, facilities serving senior citizens, and private
residences that are located within one mile of a military installation
or another location at which military aircraft are stationed or are
located in an area impacted by excessive military aviation noise, as
determined by the Department of Defense's noise monitoring programs.
Sec. 8138. None of the funds appropriated or otherwise made
available by this Act or any prior Department of Defense Appropriations
Acts may be used to provide guidance on, review, prepare, approve, or
recommend budget request funding levels or initiatives for the
Department of Energy.
Sec. 8139. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Army'', $1,000,000 shall be made available
for expenses for the renaming of Army installations, facilities, roads,
and streets named after confederate leaders and officers.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,748,033,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$382,286,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$129,943,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,077,168,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$33,414,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,771,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$2,048,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$16,816,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$195,314,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $5,800,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$16,530,754,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$10,942,741,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,145,600,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $18,861,862,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance, Space
Force'', $77,115,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $6,169,693,000: Provided, That of the funds provided under
this heading, not to exceed $180,000,000, to remain available until
September 30, 2022, shall be for payments to reimburse key cooperating
nations for logistical, military, and other support, including access,
provided to United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and Syria:
Provided further, That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the Director of the Office
of Management and Budget, may determine, based on documentation
determined by the Secretary of Defense to adequately account for the
support provided, and such determination is final and conclusive upon
the accounting officers of the United States, and 15 days following
written notification to the appropriate congressional committees:
Provided further, That these funds may be used for the purpose of
providing specialized training and procuring supplies and specialized
equipment and providing such supplies and loaning such equipment on a
non-reimbursable basis to coalition forces supporting United States
military and stability operations in Afghanistan and to counter the
Islamic State of Iraq and Syria, and 15 days following written
notification to the appropriate congressional committees: Provided
further, That these funds may be used to support the Government of
Jordan in such amounts as the Secretary of Defense may determine, to
enhance the ability of the armed forces of Jordan to increase or
sustain security along its borders, upon 15 days prior written
notification to the congressional defense committees outlining the
amounts intended to be provided and the nature of the expenses
incurred: Provided further, That of the funds provided under this
heading, not to exceed $1,206,296,000, to remain available until
September 30, 2022, shall be available to provide support and
assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
other Department of Defense security cooperation programs, of which not
less than $130,000,000 shall be available for International Security
Cooperation Programs with countries in the United States Africa Command
area of responsibility: Provided further, That the Secretary of Defense
shall notify the congressional defense committees in writing and not
fewer than 15 days prior to obligating funds for International Security
Cooperation Programs: Provided further, That these funds may be used in
such amounts as the Secretary of Defense may determine to enhance the
border security of nations adjacent to conflict areas including Jordan,
Lebanon, Egypt, and Tunisia resulting from actions of the Islamic State
of Iraq and Syria: Provided further, That the Secretary of Defense
shall provide quarterly reports to the Committees on Appropriations of
the House of Representatives and the Senate on the use and status of
funds provided under this heading: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $33,399,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $21,492,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $8,707,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $30,090,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $79,792,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $175,642,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $3,047,612,000, to
remain available until September 30, 2022: Provided, That such funds
shall be available to the Secretary of Defense for the purpose of
allowing the Commander, Combined Security Transition Command--
Afghanistan, or the Secretary's designee, to provide assistance, with
the concurrence of the Secretary of State, to the security forces of
Afghanistan, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, construction,
and funding: Provided further, That the Secretary of Defense may
obligate and expend funds made available to the Department of Defense
in this title for additional costs associated with existing projects
previously funded with amounts provided under the heading ``Afghanistan
Infrastructure Fund'' in prior Acts: Provided further, That such costs
shall be limited to contract changes resulting from inflation, market
fluctuation, rate adjustments, and other necessary contract actions to
complete existing projects, and associated supervision and
administration costs and costs for design during construction:
Provided further, That the Secretary may not use more than $50,000,000
under the authority provided in this section: Provided further, That
the Secretary shall notify in advance such contract changes and
adjustments in annual reports to the congressional defense committees:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided further,
That the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such obligation:
Provided further, That the Secretary of Defense shall notify the
congressional defense committees in writing and not fewer than 15 days
prior to obligating funds for any proposed new projects or activities,
or transfer of funds between budget sub-activity groups in excess of
$10,000,000: Provided further, That the United States may accept
equipment procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of Afghanistan
and returned by such forces to the United States: Provided further,
That equipment procured using funds provided under this heading in this
or prior Acts, and not yet transferred to the security forces of
Afghanistan or transferred to the security forces of Afghanistan and
returned by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That of the funds
provided under this heading, not less than $20,000,000 shall be for
recruitment and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security personnel:
Provided further, That funds appropriated under this heading and made
available for the salaries and benefits of personnel of the Afghanistan
Security Forces may only be used for personnel who are enrolled in the
Afghanistan Personnel and Pay System: Provided further, That funds
appropriated under this heading for the Afghanistan Security Forces may
only be obligated if the Secretary of Defense, in consultation with the
Secretary of State, certifies in writing to the congressional defense
committees that such forces are controlled by a civilian,
representative government that is protecting human rights and women's
rights and preventing terrorists and terrorist groups from using the
territory of Afghanistan to threaten the security of the United States
and United States allies: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and Equip
Fund'', $700,000,000, to remain available until September 30, 2022:
Provided, That such funds shall be available to the Secretary of
Defense in coordination with the Secretary of State, to provide
assistance, including training; equipment; logistics support, supplies,
and services; stipends; infrastructure repair and renovation;
construction for facility fortification and humane treatment; and
sustainment, to foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria, and their affiliated or
associated groups: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and Syria, and following written
notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to obligating from this
appropriation account, notify the congressional defense committees in
writing of the details of any such obligation: Provided further, That
the Secretary of Defense may accept and retain contributions, including
assistance in-kind, from foreign governments, including the Government
of Iraq and other entities, to carry out assistance authorized under
this heading: Provided further, That contributions of funds for the
purposes provided herein from any foreign government or other entity
may be credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary of
Defense shall prioritize such contributions when providing any
assistance for construction for facility fortification: Provided
further, That the Secretary of Defense may waive a provision of law
relating to the acquisition of items and support services or sections
40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if
the Secretary determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such assistance and
a notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives: Provided further,
That the United States may accept equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train and
Equip Fund'' in prior Acts, that was transferred to security forces,
irregular forces, or groups participating, or preparing to participate
in activities to counter the Islamic State of Iraq and Syria and
returned by such forces or groups to the United States, and such
equipment may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided
further, That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior
Acts, and not yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and Syria may be treated as stocks of
the Department of Defense when determined by the Secretary to no longer
be required for transfer to such forces or groups and upon written
notification to the congressional defense committees: Provided
further, That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds provided
under this heading, including, but not limited to, the number of
individuals trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations for each
group, and the contributions of other countries, groups, or
individuals: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$595,112,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$865,992,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $15,225,000, to remain available until
September 30, 2023: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$110,668,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$875,666,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$33,241,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$5,572,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $77,424,000, to remain available until September 30,
2023: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$341,612,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$47,963,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$787,665,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$223,772,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $802,455,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$355,339,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$335,837,000, to remain available until September 30, 2023: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $1,000,000,000, to remain
available for obligation until September 30, 2023: Provided, That the
Chiefs of National Guard and Reserve components shall, not later than
30 days after enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective National Guard or Reserve component: Provided
further, That none of the funds made available by this paragraph may be
used to procure manned fixed wing aircraft, or procure or modify
missiles, munitions, or ammunition: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $175,824,000, to remain available until September
30, 2022: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $59,562,000, to remain available until September
30, 2022: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $5,304,000, to remain available until
September 30, 2022: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $80,818,000 (reduced by $6,000,000)
(increased by $6,000,000), to remain available until September 30,
2022: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$20,090,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$365,098,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,069,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2021.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $900,000,000 between the appropriations or funds made available to
the Department of Defense in this title: Provided, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance or
the ``Afghanistan Security Forces Fund'' provided in this Act and
executed in direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction contract is
awarded: Provided, That, for the purpose of this section, supervision
and administration costs and costs for design during construction
include all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the United States Central Command area of
responsibility: (1) passenger motor vehicles up to a limit of $75,000
per vehicle; and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $2,000,000 of the amounts appropriated by
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commanders' Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent,
small-scale, humanitarian relief and reconstruction requirements within
their areas of responsibility: Provided, That each project (including
any ancillary or related elements in connection with such project)
executed under this authority shall not exceed $1,000,000: Provided
further, That not later than 45 days after the end of each 6 months of
the fiscal year, the Secretary of Defense shall submit to the
congressional defense committees a report regarding the source of funds
and the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this section
or under any other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of each
fiscal year quarter, the Army shall submit to the congressional defense
committees quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less than 15 days
before making funds available pursuant to the authority provided in
this section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost for
completion of $500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing each of
the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government or
a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces of
the United States and coalition forces supporting military and
stability operations in Afghanistan and to counter the Islamic State of
Iraq and Syria: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq or Syria.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided, That the AROC
must approve the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-standard
equipment requirements in excess of $100,000,000 using ASFF: Provided
further, That the Department of Defense must certify to the
congressional defense committees that the AROC has convened and
approved a process for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the ASFF.
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, upon determination by the Secretary of Defense that such action
is necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by this Act
for the Defense Security Cooperation Agency in ``Operation and
Maintenance, Defense-Wide'' may be used to provide assistance to the
Government of Jordan to support the armed forces of Jordan and to
enhance security along its borders.
Sec. 9012. None of the funds made available by this Act under the
headings ``Afghanistan Security Forces Fund'' and ``Counter-ISIS Train
and Equip Fund'', and under the heading ``Operation and Maintenance,
Defense-Wide'' for Department of Defense security cooperation grant
programs, may be used to procure or transfer man-portable air defense
systems.
Sec. 9013. Of the amounts appropriated in this title under the
heading ``Operation and Maintenance, Defense-Wide'', for the Defense
Security Cooperation Agency, $275,000,000, of which $137,500,000 to
remain available until September 30, 2021, shall be for the Ukraine
Security Assistance Initiative: Provided, That such funds shall be
available to the Secretary of Defense, in coordination with the
Secretary of State, to provide assistance, including training;
equipment; lethal assistance; logistics support, supplies and services;
sustainment; and intelligence support to the military and national
security forces of Ukraine, and for replacement of any weapons or
articles provided to the Government of Ukraine from the inventory of
the United States: Provided further, That of the amounts made
available in this section, $50,000,000 shall be available only for
lethal assistance described in paragraphs (2) and (3) of section
1250(b) of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92): Provided further, That the Secretary of Defense
shall, not less than 15 days prior to obligating funds made available
in this section, notify the congressional defense committees in writing
of the details of any such obligation: Provided further, That the
Secretary of Defense shall, not more than 60 days after such
notification is made, inform such committees if such funds have not
been obligated and the reasons therefor: Provided further, That the
United States may accept equipment procured using funds made available
in this section in this or prior Acts that was transferred to the
security forces of Ukraine and returned by such forces to the United
States: Provided further, That equipment procured using funds made
available in this section in this or prior Acts, and not yet
transferred to the military or National Security Forces of Ukraine or
returned by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That,
notwithstanding any other provision of law, amounts made available in
this section shall be exempt from apportionment under chapter 15 of
title 31, United States Code.
Sec. 9014. Funds appropriated in this title shall be available for
replacement of funds for items provided to the Government of Ukraine
from the inventory of the United States to the extent specifically
provided for in section 9013 of this Act.
Sec. 9015. None of the funds made available by this Act may be
used to provide arms, training, or other assistance to the Azov
Battalion.
Sec. 9016. Equipment procured using funds provided in prior Acts
under the heading ``Counterterrorism Partnerships Fund'' for the
program authorized by section 1209 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291), or under the heading ``Iraq Train and Equip
Fund'' for the program authorized by section 1236 of such Act, and not
yet transferred to authorized recipients may be transferred to foreign
security forces, irregular forces, groups, or individuals, authorized
to receive assistance using amounts provided under the heading
``Counter-ISIS Train and Equip Fund'' in this Act: Provided, That such
equipment may be transferred 15 days following written notification to
the congressional defense committees.
Sec. 9017. (a) None of the funds appropriated or otherwise made
available by this Act under the headings ``Operation and Maintenance,
Defense-Wide'' and ``Counter-ISIS Train and Equip Fund'' for
reimbursement made to the Government of Pakistan under section 1226 of
the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C.
2151 note) may be made available unless the Secretary of Defense, in
coordination with the Secretary of State, certifies to the
congressional defense committees that the Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture of
IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary of
State, may waive the restriction in subsection (a) on a case-by-case
basis by certifying in writing to the congressional defense committees
that it is in the national security interest to do so: Provided, That
if the Secretary of Defense, in coordination with the Secretary of
State, exercises such waiver authority, the Secretaries shall report to
the congressional defense committees on both the justification for the
waiver and on the requirements of this section that the Government of
Pakistan was not able to meet: Provided further, That such report may
be submitted in classified form if necessary.
Sec. 9018. None of the funds made available by this Act may be
used with respect to Iraq in contravention of the War Powers Resolution
(50 U.S.C. 1541 et seq.), including for the introduction of United
States armed forces into hostilities in Iraq, into situations in Iraq
where imminent involvement in hostilities is clearly indicated by the
circumstances, or into Iraqi territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of such Resolution (50
U.S.C. 1542 and 1543).
Sec. 9019. None of the funds made available by this Act may be
used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction of
United States armed or military forces into hostilities in Syria, into
situations in Syria where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9020. None of the funds in this Act may be made available for
the transfer of additional C-130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force.
Sec. 9021. Funds made available by this Act under the heading
``Afghanistan Security Forces Fund'' may be used to provide limited
training, equipment, and other assistance that would otherwise be
prohibited by 10 U.S.C. 362 to a unit of the security forces of
Afghanistan only if the Secretary of Defense certifies to the
congressional defense committees, within 30 days of a decision to
provide such assistance, that (1) a denial of such assistance would
present significant risk to United States or coalition forces or
significantly undermine United States national security objectives in
Afghanistan; and (2) the Secretary has sought a commitment by the
Government of Afghanistan to take all necessary corrective steps:
Provided, That such certification shall be accompanied by a report
describing: (1) the information relating to the gross violation of
human rights; (2) the circumstances that necessitated the provision of
such assistance; (3) the Afghan security force unit involved; (4) the
assistance provided and the assistance withheld; and (5) the corrective
steps to be taken by the Government of Afghanistan: Provided further,
That every 120 days after the initial report an additional report shall
be submitted detailing the status of any corrective steps taken by the
Government of Afghanistan: Provided further, That if the Government of
Afghanistan has not initiated necessary corrective steps within 1 year
of the certification, the authority under this section to provide
assistance to such unit shall no longer apply: Provided further, That
the Secretary shall submit a report to such committees detailing the
final disposition of the case by the Government of Afghanistan.
Sec. 9022. None of the funds made available by this Act may be
made available for any member of the Taliban except to support a
reconciliation activity that includes the participation of members of
the Government of Afghanistan, does not restrict the participation of
women, and is authorized by section 1218 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
Sec. 9023. Nothing in this Act may be construed as authorizing the
use of force against Iran.
Sec. 9024. Not later than 15 days after the date on which any
foreign base that involves the stationing or operations of the United
States Armed Forces, including a temporary base, permanent base, or
base owned and operated by a foreign country, is opened or closed, the
Secretary of Defense shall notify the congressional defense committees
in writing of the opening or closing of such base: Provided, that such
notification shall also include information on any personnel changes,
costs, and savings associated with the opening or closing of such base.
(including transfer of funds)
Sec. 9025. In addition to amounts otherwise made available in this
Act, $250,000,000 is hereby appropriated to the Department of Defense
and made available for transfer only to the operation and maintenance,
military personnel, and procurement accounts, to improve near-term
intelligence, surveillance, and reconnaissance capabilities and related
processing, exploitation, and dissemination functions of the Department
of Defense: Provided, That the transfer authority provided in this
section is in addition to any other transfer authority provided
elsewhere in this Act: Provided further, That not later than 30 days
prior to exercising the transfer authority provided in this section,
the Secretary of Defense shall submit a report to the congressional
defense committees on the proposed uses of these funds: Provided
further, That the funds provided in this section may not be transferred
to any program, project, or activity specifically limited or denied by
this Act: Provided further, That such funds may not be obligated for
new start efforts: Provided further, That amounts made available by
this section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the authority to provide funding under this
section shall terminate on September 30, 2021.
(rescissions)
Sec. 9026. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``Aircraft Procurement, Air Force'', 2019/2021, $16,400,000;
``Operation and Maintenance, Defense-Wide: Defense Security
Cooperation Agency'', 2020/2021, $80,000,000;
``Afghanistan Security Forces Fund'', 2020/2021, $1,100,000,000;
and
``Counter-ISIS Train and Equip Fund'', 2020/2021, $250,000,000.
Sec. 9027. Effective 240 days after the date of the enactment of
this Act, the Authorization for Use of Military Force (Public Law 107-
40; 50 U.S.C. 1541 note) is hereby repealed.
Sec. 9028. The Authorization for Use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is
hereby repealed.
Sec. 9029. (a)(1) Except as provided in paragraph (2), none of the
funds appropriated or otherwise made available by this Act may be
obligated or expended for any use of military force in or against Iran
unless Congress has--
(A) declared war; or
(B) enacted specific statutory
authorization for such use of military force
after the date of the enactment of this Act
that meets the requirements of the War Powers
Resolution (50 U.S.C. 1541 et seq.).
(2) The prohibition under paragraph (1) shall not apply to a use of
military force that is consistent with section (2)(c) of the War Powers
Resolution.
(b) Nothing in this section may be construed--
(1) to prevent the President from using necessary and
appropriate force to defend United States allies and partners
if Congress enacts specific statutory authorization for such
use of force consistent with the requirements of the War Powers
Resolution (50 U.S.C. 1541 et seq.);
(2) to relieve the executive branch of restrictions on the
use of force, reporting, or consultation requirements set forth
in the War Powers Resolution (50 U.S.C. 1541 et seq.); or
(3) to authorize the use of military force.
Sec. 9030. None of the funds appropriated or otherwise made
available by this Act may be used to carry out or support any law
enforcement action, carried out by a member of the Armed Forces or
employee (including any contract employee) of the Department of Defense
deployed pursuant to section 253 of title 10, United States Code,
unless such individual wears a clearly visible identification that
indicates the first and last name of the individual, a unique
identifier or badge number, rank or title, and the Armed Force or
agency that vests such individual with authority to carry out or
support such action.
Sec. 9031. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the First
Amendment of the Constitution.
Sec. 9032. None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and Maintenance,
Defense-Wide'' may be used to require, support, or pay private sector
(as defined in Department of Defense Instruction 8000.01) manufacturers
(as used in Department of Defense Instruction 8500.2) of software and
hardware (as defined in Department of Defense Instruction 8510.01,
effective May 24, 2016) for consumers (as defined in section 106(1) of
the Electronic Signatures in Global and National Commerce Act (15
U.S.C. 7006(1))) to--
(1) intentionally add security vulnerabilities, as such
term is defined in section 102(17) of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501(17)) to their
items or services;
(2) remove any security function, mechanism, service, or
solution, as such term is used in Department of Defense
Directive 8500.01E (effective April 23, 2007) from their items
or services; or
(3) remove encryption end-to-end, as such term is used in
Department of Defense Instruction 8420.01 from their items or
services.
Sec. 9033. None of the funds made available by this Act may be
used to implement Directive-type Memorandum (DTM)-19-004, titled
``Military Service by Transgender Persons and Persons with Gender
Dysphoria'', and dated March 12, 2019 (effective date April 12, 2019).
Sec. 9034. None of the funds made available by this Act may be
used to reduce the number of KC-135 aircraft in the primary mission
aircraft inventory of the Air National Guard.
Sec. 9035. None of the funds made available by this Act may be
used to support the Badr Organization.
Sec. 9036. None of the funds available by this Act may be used to
support the Iraqi Popular Mobilization Forces.
This division may be cited as the ``Department of Defense
Appropriations Act, 2021''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2021, and for other purposes, namely:
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, to carry out activities
associated with facilitating, attracting, and retaining business
investment in the United States, and for engaging in trade promotional
activities abroad, including expenses of grants and cooperative
agreements for the purpose of promoting exports of United States firms,
without regard to sections 3702 and 3703 of title 44, United States
Code; full medical coverage for dependent members of immediate families
of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the International
Trade Administration between two points abroad, without regard to
section 40118 of title 49, United States Code; employment of citizens
of the United States and aliens by contract for services; rental of
space abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction of
temporary demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in foreign
countries; not to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; obtaining insurance on official
motor vehicles; and rental of tie lines, $542,428,000 (reduced by
$542,428,000) (increased by $542,428,000), of which $75,000,000 shall
remain available until September 30, 2022: Provided, That $11,000,000
is to be derived from fees to be retained and used by the International
Trade Administration, notwithstanding section 3302 of title 31, United
States Code: Provided further, That, of amounts provided under this
heading, not less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities: Provided
further, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in
carrying out these activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens by
contract for services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not to exceed
$13,500 for official representation expenses abroad; awards of
compensation to informers under the Export Control Reform Act of 2018
(subtitle B of title XVII of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019; Public Law 115-232; 132 Stat.
2208; 50 U.S.C. 4801 et seq.), and as authorized by section 1(b) of the
Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law,
$137,664,000, to remain available until expended: Provided, That the
provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as part of
such activities may be retained for use in covering the cost of such
activities, and for providing information to the public with respect to
the export administration and national security activities of the
Department of Commerce and other export control programs of the United
States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, for trade adjustment
assistance, and for grants authorized by sections 27 and 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and
3723), $314,000,000, to remain available until expended, of which
$35,000,000 shall be for grants under such section 27 and $4,500,000
shall be for grants under such section 28.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $42,000,000: Provided,
That funds provided under this heading may be used to monitor projects
approved pursuant to title I of the Public Works Employment Act of
1976, title II of the Trade Act of 1974, sections 27 and 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722 and
3723), and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprises, including
expenses of grants, contracts, and other agreements with public or
private organizations, $52,000,000, of which not more than $16,000,000
shall be available for overhead expenses, including salaries and
expenses, rent, utilities, and information technology services.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$111,855,000 (increased by $1,000,000), to remain available until
September 30, 2022.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$288,403,000: Provided, That, from amounts provided herein, funds may
be used for promotion, outreach, and marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling, analyzing,
preparing, and publishing statistics for periodic censuses and programs
provided for by law, $1,392,709,000, to remain available until
September 30, 2023: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities:
Provided further, That within the amounts appropriated, $3,556,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to the Bureau of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $45,500,000,
to remain available until September 30, 2022: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available for
the administration of all open grants until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the USPTO, $3,695,295,000, to remain available
until expended: Provided, That the sum herein appropriated from the
general fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law are
received during fiscal year 2021, so as to result in a fiscal year 2021
appropriation from the general fund estimated at $0: Provided further,
That during fiscal year 2021, should the total amount of such
offsetting collections be less than $3,695,295,000, this amount shall
be reduced accordingly: Provided further, That any amount received in
excess of $3,695,295,000 in fiscal year 2021 and deposited in the
Patent and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That any amounts
reprogrammed in accordance with the preceding proviso shall be
transferred to the United States Patent and Trademark Office ``Salaries
and Expenses'' account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal year 2021
for official reception and representation expenses: Provided further,
That in fiscal year 2021 from the amounts made available for ``Salaries
and Expenses'' for the USPTO, the amounts necessary to pay (1) the
difference between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code, and
the normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to subchapter
III of chapter 83 of that title, and (2) the present value of the
otherwise unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-retirement
health benefits coverage for all USPTO employees who are enrolled in
Federal Employees Health Benefits (FEHB) and Federal Employees Group
Life Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the FEGLI Fund, and the Employees FEHB
Fund, as appropriate, and shall be available for the authorized
purposes of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's specific
use shall be recognized as an imputed cost on USPTO's financial
statements, where applicable: Provided further, That, notwithstanding
any other provision of law, all fees and surcharges assessed and
collected by USPTO are available for USPTO only pursuant to section
42(c) of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29): Provided further,
That within the amounts appropriated, $2,000,000 shall be transferred
to the ``Office of Inspector General'' account for activities
associated with carrying out investigations and audits related to the
USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of Standards and
Technology (NIST), $789,000,000 (increased by $5,000,000), to remain
available until expended, of which not to exceed $9,000,000 may be
transferred to the ``Working Capital Fund'': Provided, That not to
exceed $5,000 shall be for official reception and representation
expenses: Provided further, That NIST may provide local transportation
for summer undergraduate research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$170,000,000, to remain available until expended, of which $153,000,000
(increased by $1,000,000) (reduced by $1,000,000) shall be for the
Hollings Manufacturing Extension Partnership, and of which $17,000,000
shall be for the National Network for Manufacturing Innovation (also
known as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by
sections 13 through 15 of the National Institute of Standards and
Technology Act (15 U.S.C. 278c-278e), $85,000,000, to remain available
until expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000, and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent fiscal
years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; pilot programs for state-
led fisheries management, notwithstanding any other provision of law;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities, $3,871,659,000 (increased by $1,500,000)
(increased by $2,000,000) (reduced by $2,000,000), to remain available
until September 30, 2022: Provided, That fees and donations received
by the National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and expenses
associated with those activities, notwithstanding section 3302 of title
31, United States Code: Provided further, That in addition,
$253,171,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'', which shall only be used for the Fishery Science
and Management program activities: Provided further, That not to
exceed $66,389,000 shall be for payment to the Department of Commerce
Working Capital Fund: Provided further, That of the $4,142,330,000
provided for in direct obligations under this heading, $3,871,659,000
is appropriated from the general fund, $253,171,000 is provided by
transfer, and $17,500,000 is derived from recoveries of prior year
obligations: Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying this Act
or any use of deobligated balances of funds provided under this heading
in previous years, shall be subject to the procedures set forth in
section 505 of this Act: Provided further, That, in addition, for
necessary retired pay expenses under the Retired Serviceman's Family
Protection and Survivor Benefits Plan, and for payments for the medical
care of retired personnel and their dependents under the Dependents'
Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,524,360,000 (increased by
$2,300,000) (reduced by $2,300,000), to remain available until
September 30, 2023, except that funds provided for acquisition and
construction of vessels and construction of facilities shall remain
available until expended: Provided, That of the $1,537,360,000
provided for in direct obligations under this heading, $1,524,360,000
is appropriated from the general fund and $13,000,000 is provided from
recoveries of prior year obligations: Provided further, That any
deviation from the amounts designated for specific activities in the
report accompanying this Act or any use of deobligated balances of
funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act: Provided
further, That the Secretary of Commerce shall include in budget
justification materials that the Secretary submits to Congress in
support of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition or construction project having
a total of more than $5,000,000 and simultaneously the budget
justification shall include an estimate of the budgetary requirements
for each such project for each of the 5 subsequent fiscal years:
Provided further, That, within the amounts appropriated, $1,302,000
shall be transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and audits
related to satellite procurement, acquisition and construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $65,000,000, to remain available until September
30, 2022: Provided, That, of the funds provided herein, the Secretary
of Commerce may issue grants to the States of Washington, Oregon,
Idaho, Nevada, California, and Alaska, and to the federally recognized
Tribes of the Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead populations
that are listed as threatened or endangered, or that are identified by
a State as at-risk to be so listed, for maintaining populations
necessary for exercise of Tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: Provided further, That all funds shall be allocated based
on scientific and other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed to States
shall be subject to a matching requirement of funds or documented in-
kind contributions of at least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $349,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
fishery disaster assistance
For salaries and expenses associated with the administration of
fishery disaster assistance, $300,000, to remain available until
September 30, 2022: Provided, That funds shall be used for
administering the fishery disaster programs authorized by the Magnuson-
Stevens Fishery Conservation and Management Act and the
Interjurisdictional Fisheries Act of 1986.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2021, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department of
Commerce provided for by law, including not to exceed $4,500 for
official reception and representation, $73,080,000 (reduced by
$1,000,000) (reduced by $2,500,000) (reduced by $5,000,000): Provided,
That no employee of the Department of Commerce may be detailed or
assigned from a bureau or office funded by this Act or any other Act to
offices within the Office of the Secretary of the Department of
Commerce for more than 30 days in a fiscal year unless the individual's
employing bureau or office is fully reimbursed for the salary and
expenses of the employee for the entire period of assignment using
funds provided under this heading.
renovation and modernization
For necessary expenses for the renovation and modernization of the
Herbert C. Hoover Building, $1,123,000.
nonrecurring expenses fund
For necessary expenses for a business application system
modernization, $20,000,000, to remain available until September 30,
2023.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $35,520,000: Provided, That notwithstanding section 6413
of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law
112-96), an additional $2,000,000, to remain available until expended,
shall be derived from the Public Safety Trust Fund for activities
associated with carrying out investigations and audits related to the
First Responder Network Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the Act
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
for advanced payments not otherwise authorized only upon the
certification of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2012 (Public Law 112-55), as amended by section 105 of title I of
division B of Public Law 113-6, are hereby adopted by reference and
made applicable with respect to fiscal year 2021: Provided, That the
life cycle cost for the Joint Polar Satellite System is $11,322,125,000
and the life cycle cost for the Geostationary Operational Environmental
Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support the
operation, maintenance, and improvement of space that persons, firms,
or organizations are authorized, pursuant to the Public Buildings
Cooperative Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other buildings, the
maintenance, operation, and protection of which has been delegated to
the Secretary from the Administrator of General Services pursuant to
the Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the authority
under which the use or occupancy of the space is authorized, up to
$200,000, shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 106. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of the United
States, or of any State, local government, Indian Tribal Government,
Territory, or possession, or of any political subdivision thereof, or
of any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric Administration.
Sec. 108. The National Technical Information Service shall not
charge any customer for a copy of any report or document generated by
the Legislative Branch unless the Service has provided information to
the customer on how an electronic copy of such report or document may
be accessed and downloaded for free online. Should a customer still
require the Service to provide a printed or digital copy of the report
or document, the charge shall be limited to recovering the Service's
cost of processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of
NOAA is authorized to: (1) enter into grants and cooperative agreements
with; (2) use on a non-reimbursable basis land, services, equipment,
personnel, and facilities provided by; and (3) receive and expend funds
made available on a consensual basis from: a Federal agency, State or
subdivision thereof, local government, Tribal Government, territory, or
possession or any subdivisions thereof: Provided, That funds received
for permitting and related regulatory activities pursuant to this
section shall be deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and Facilities'' and
shall remain available until September 30, 2023, for such purposes:
Provided further, That all funds within this section and their
corresponding uses are subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration
of the Department of Commerce, including amounts provided for programs
of the Bureau of Economic Analysis and the Bureau of the Census, shall
be available for expenses of cooperative agreements with appropriate
entities, including any Federal, State, or local governmental unit, or
institution of higher education, to aid and promote statistical,
research, and methodology activities which further the purposes for
which such amounts have been made available.
This title may be cited as the ``Department of Justice
Appropriations Act, 2021''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $120,041,000 (reduced by $2,000,000) (reduced by $500,000)
(reduced by $4,000,000) (increased by $4,000,000) (reduced by
$1,000,000) (reduced by $1,000,000) (reduced by $1,000,000) (reduced by
$1,000,000) (reduced by $2,000,000) (reduced by $1,500,000) (reduced by
$1,000,000) (reduced by $1,000,000) (reduced by $1,000,000) (reduced by
$1,000,000) (reduced by $1,000,000) (reduced by $1,500,000), of which
not to exceed $4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended, and of which
$5,000,000 is available only for the purposes of carrying out
provisions related to a Task Force on Law Enforcement Oversight
established pursuant to section 220 of this Act.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$33,875,000, to remain available until expended: Provided, That the
Attorney General may transfer up to $40,000,000 to this account, from
funds available to the Department of Justice for information
technology, to remain available until expended, for enterprise-wide
information technology initiatives: Provided further, That the
transfer authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further, That any
transfer pursuant to the first proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of immigration
related activities of the Executive Office for Immigration Review,
$734,000,000, of which $4,000,000 shall be derived by transfer from the
Executive Office for Immigration Review fees deposited in the
``Immigration Examinations Fee'' account, and of which not less than
$25,000,000 shall be available for services and activities provided by
the Legal Orientation Program: Provided, That not to exceed $35,000,000
of the total amount made available under this heading shall remain
available until September 30, 2022.
office of inspector general
For necessary expenses of the Office of Inspector General,
$113,985,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$2,000,000 shall remain available until September 30, 2022.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $13,539,000: Provided, That, notwithstanding any other
provision of law, upon the expiration of a term of office of a
Commissioner, the Commissioner may continue to act until a successor
has been appointed.
Legal Activities
salaries and expenses, general legal activities
(including transfer of funds)
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; the administration of pardon and clemency petitions;
and rent of private or Government-owned space in the District of
Columbia, $969,211,000 (increased by $1,000,000) (reduced by
$1,000,000), of which not to exceed $20,000,000 for litigation support
contracts shall remain available until expended: Provided, That of the
amount provided for INTERPOL Washington dues payments, not to exceed
$685,000 shall remain available until expended: Provided further, That
of the total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses: Provided further, That of the total amount
appropriated, not to exceed $9,000 shall be available to the Criminal
Division for official reception and representation expenses: Provided
further, That $10,000,000 shall be for the Civil Rights Division for
additional expenses relating to the enforcement of section 210401 of
the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12601), criminal enforcement under sections 241 and 242 of title 18,
United States Code, and administrative enforcement by the Department of
Justice, including compliance with consent decrees or judgments entered
into under such section 210401: Provided further, That upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That of the amount
appropriated, such sums as may be necessary shall be available to the
Civil Rights Division for salaries and expenses associated with the
election monitoring program under section 8 of the Voting Rights Act of
1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel
Management for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election monitoring
program, $3,390,000 shall remain available until expended: Provided
further, That of the amount appropriated, not less than $198,744,000
shall be available for the Criminal Division, including related
expenses for the Mutual Legal Assistance Treaty Program.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $19,000,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund and to
remain available until expended.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $180,274,000, to remain available until expended, of which not to
exceed $2,000 shall be made available for official reception and
representation expenses: Provided, That notwithstanding any other
provision of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection (and estimated to be
$150,000,000 in fiscal year 2021), shall be retained and used for
necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as such offsetting collections
are received during fiscal year 2021, so as to result in a final fiscal
year 2021 appropriation from the general fund estimated at $30,274,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$2,347,177,000: Provided, That of the total amount appropriated, not
to exceed $7,200 shall be available for official reception and
representation expenses: Provided further, That $10,000,000 shall be
for additional expenses relating to the enforcement of section 210401
of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12601), criminal enforcement under sections 241 and 242 of title 18,
United States Code, and administrative enforcement by the Department of
Justice, including compliance with consent decrees or judgments entered
into under such section 210401: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate in a
task force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $232,361,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits to
the United States Trustee System Fund and amounts herein appropriated
shall be available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any other
provision of law, fees deposited into the Fund pursuant to section
589a(b) of title 28, United States Code (as limited by section 1004(b)
of the Bankruptcy Judgeship Act of 2017 (division B of Public Law 115-
72)), shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That to the extent that fees deposited into the Fund in fiscal
year 2021, net of amounts necessary to pay refunds due depositors,
exceed $232,361,000, those excess amounts shall be available in future
fiscal years only to the extent provided in advance in appropriations
Acts: Provided further, That the sum herein appropriated from the
general fund shall be reduced (1) as such fees are received during
fiscal year 2021, net of amounts necessary to pay refunds due
depositors, (estimated at $318,000,000) and (2) to the extent that any
remaining general fund appropriations can be derived from amounts
deposited in the Fund in previous fiscal years that are not otherwise
appropriated, so as to result in a final fiscal year 2021 appropriation
from the general fund estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,366,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which not
to exceed $16,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $25,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$20,300,000 (increased by $2,700,000): Provided, That upon a
determination by the Attorney General that emergent circumstances
require additional funding for conflict resolution and violence
prevention activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $20,514,000, to be
derived from the Department of Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,484,184,000, of which not to exceed $6,000 shall be available for
official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $15,000,000, to remain available until expended.
federal prisoner detention
For necessary expenses related to United States prisoners in the
custody of the United States Marshals Service as authorized by section
4013 of title 18, United States Code, $1,867,461,000 (reduced by
$2,700,000) (reduced by $4,000,000), to remain available until
expended: Provided, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement assistance''
pursuant to section 4013(b) of title 18, United States Code: Provided
further, That the United States Marshals Service shall be responsible
for managing the Justice Prisoner and Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the National
Security Division, $114,837,000 (reduced by $1,000,000) (increased by
$1,000,000), of which not to exceed $5,000,000 for information
technology systems shall remain available until expended: Provided,
That upon a determination by the Attorney General that emergent
circumstances require additional funding for the activities of the
National Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary to
respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement agencies
engaged in the investigation and prosecution of individuals involved in
transnational organized crime and drug trafficking, $565,000,000, of
which $50,000,000 shall remain available until expended: Provided,
That any amounts obligated from appropriations under this heading may
be used under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $9,703,348,000 (reduced by $1,000,000) (increased by
$1,000,000) (reduced by $10,000,000) (increased by $10,000,000), of
which not to exceed $216,900,000 shall remain available until expended:
Provided, That $5,000,000 shall be for the Corruption/Civil Rights
Section for additional expenses relating to the enforcement of section
210401 of the Violent Crime Control and Law Enforcement Act of 1994 (34
U.S.C. 12601), criminal enforcement under sections 241 and 242 of title
18, United States Code, and administrative enforcement by the
Department of Justice, including compliance with consent decrees or
judgments entered into under such section 210401: Provided further,
That not to exceed $284,000 shall be available for official reception
and representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by
purchase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning and
design of projects; and operation and maintenance of secure work
environment facilities and secure networking capabilities; $51,895,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; and expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs, $2,331,370,000, of which not to exceed
$75,000,000 shall remain available until expended and not to exceed
$90,000 shall be available for official reception and representation
expenses: Provided, That, notwithstanding section 3672 of Public Law
106-310, up to $10,000,000 may be used to reimburse States, units of
local government, Indian Tribal Governments, other public entities, and
multijurisdictional or regional consortia thereof for expenses incurred
to clean up and safely dispose of substances associated with
clandestine methamphetamine laboratories, conversion and extraction
operations, tableting operations, or laboratories and processing
operations for fentanyl and fentanyl-related substances which may
present a danger to public health or the environment.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives
and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or without
reimbursement, $1,550,000,000, of which not to exceed $36,000 shall be
for official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys' fees as
provided by section 924(d)(2) of title 18, United States Code, and not
to exceed $25,000,000 shall remain available until expended: Provided,
That none of the funds appropriated herein shall be available to
investigate or act upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives
to other agencies or Departments.
construction
For necessary expenses related to construction of laboratory
facilities, to include the cost of equipment, furniture, and
information technology requirements; construction or acquisition of
buildings, facilities, and sites by purchase, or as otherwise
authorized by law; conversion, modification and extension of federally
owned buildings; and preliminary planning and design of projects;
$5,000,000, to remain available until September 30, 2025.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $7,770,000,000 (increased by $500,000) (increased by
$2,000,000) (reduced by $2,000,000) of which not less than $165,000,000
shall be for the programs and activities authorized by the First Step
Act of 2018 (Public Law 115-391): Provided, That the Attorney General
may transfer to the Department of Health and Human Services such
amounts as may be necessary for direct expenditures by that Department
for medical relief for inmates of Federal penal and correctional
institutions: Provided further, That the Director of the Federal
Prison System, where necessary, may enter into contracts with a fiscal
agent or fiscal intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison System, furnish
health services to individuals committed to the custody of the Federal
Prison System: Provided further, That not to exceed $5,400 shall be
available for official reception and representation expenses: Provided
further, That not to exceed $50,000,000 shall remain available until
expended for necessary operations: Provided further, That, of the
amounts provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses:
Provided further, That the Director of the Federal Prison System may
accept donated property and services relating to the operation of the
prison card program from a not-for-profit entity which has operated
such program in the past, notwithstanding the fact that such not-for-
profit entity furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services, halfway
houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$110,000,000, to remain available until expended: Provided, That labor
of United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11101 et seq.) (``the 1974 Act''); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386) (``the 2000
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Violence Against Women Reauthorization Act of 2013 (Public Law 113-
4) (``the 2013 Act''); the Rape Survivor Child Custody Act of 2015
(Public Law 114-22) (``the 2015 Act''); and the Abolish Human
Trafficking Act (Public Law 115-392); and for related victims services,
$525,000,000 (increased by $1,000,000) (increased by $1,000,000)
(increased by $2,500,000) (increased by $2,500,000), to remain
available until expended, of which $435,000,000 shall be derived by
transfer from amounts available for obligation in this Act from the
Fund established by section 1402 of chapter XIV of title II of Public
Law 98-473 (34 U.S.C. 20101), notwithstanding section 1402(d) of such
Act of 1984, and merged with the amounts otherwise made available under
this heading: Provided, That except as otherwise provided by law, not
to exceed 5 percent of funds made available under this heading may be
used for expenses related to evaluation, training, and technical
assistance: Provided further, That of the amount provided--
(1) $223,000,000 (reduced by $100,000) (increased by
$100,000) is for grants to combat violence against women, as
authorized by part T of the 1968 Act;
(2) $39,000,000 (increased by $2,500,000) is for
transitional housing assistance grants for victims of domestic
violence, dating violence, stalking, or sexual assault as
authorized by section 40299 of the 1994 Act;
(3) $3,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of Justice
Programs;
(4) $12,000,000 (reduced by $2,000,000) (increased by
$2,000,000) is for a grant program to provide services to
advocate for and respond to youth victims of domestic violence,
dating violence, sexual assault, and stalking; assistance to
children and youth exposed to such violence; programs to engage
men and youth in preventing such violence; and assistance to
middle and high school students through education and other
services related to such violence: Provided, That unobligated
balances available for the programs authorized by sections
41201, 41204, 41303, and 41305 of the 1994 Act, prior to its
amendment by the 2013 Act, shall be available for this program:
Provided further, That 10 percent of the total amount
available for this grant program shall be available for grants
under the program authorized by section 2015 of the 1968 Act:
Provided further, That the definitions and grant conditions in
section 40002 of the 1994 Act shall apply to this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000 is
for a homicide reduction initiative;
(6) $42,500,000 (increased by $2,500,000) is for sexual
assault victims assistance, as authorized by section 41601 of
the 1994 Act;
(7) $45,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $21,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $47,500,000 (increased by $500,000) is for legal
assistance for victims, as authorized by section 1201 of the
2000 Act;
(10) $6,000,000 (increased by $500,000) (increased by
$1,000,000) is for enhanced training and services to end
violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $17,500,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002 of
the 1994 Act, prior to their amendment by the 2013 Act, shall
be available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act: Provided, That such funds may be transferred to
``Research, Evaluation and Statistics'' for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,300,000 is for grants to assist Tribal Governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $2,200,000 is for the purposes authorized under the
2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (Public Law 90-351) (``the 1968 Act''); the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322) (``the
1994 Act''); the Juvenile Justice and Delinquency Prevention Act of
1974 (Public Law 93-415) (``the 1974 Act''); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21) (``the PROTECT Act''); the Justice for All Act of
2004 (Public Law 108-405); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647);
the Second Chance Act of 2007 (Public Law 110-199); the Victims of
Crime Act of 1984 (Public Law 98-473); the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh Act'');
the PROTECT Our Children Act of 2008 (Public Law 110-401); subtitle C
of title II of the Homeland Security Act of 2002 (Public Law 107-296)
(``the 2002 Act''); the Prison Rape Elimination Act of 2003 (Public Law
108-79); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Violence Against Women Reauthorization Act of 2013 (Public
Law 113-4) (``the 2013 Act''); the Comprehensive Addiction and Recovery
Act of 2016 (Public Law 114-198); the First Step Act of 2018 (Public
Law 115-391); and other programs, $88,500,000, to remain available
until expended, of which--
(1) $45,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act; and
(2) $43,500,000 is for research, development, and
evaluation programs, and other activities as authorized by part
B of title I of the 1968 Act and subtitle C of title II of the
2002 Act, and for activities authorized by or consistent with
the First Step Act of 2018, of which $6,000,000 is for research
targeted toward developing a better understanding of the
domestic radicalization phenomenon, and advancing evidence-
based strategies for effective intervention and prevention;
$1,500,000 (increased by $1,000,000) is for research to study
the root causes of school violence to include the impact and
effectiveness of grants made under the STOP School Violence
Act; $1,500,000 is for a national study to understand the
responses of law enforcement to sex trafficking of minors; and
$3,000,000 is for a national center on forensics.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (Public Law 90-351) (``the 1968 Act''); the
Justice for All Act of 2004 (Public Law 108-405); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act'');
the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248) (``the Adam Walsh Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle C of title II of
the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the Prison Rape Elimination Act of 2003 (Public Law 108-79);
the Second Chance Act of 2007 (Public Law 110-199); the Prioritizing
Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403); the Victims of Crime Act of 1984 (Public Law 98-
473); the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110-416); the
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
(``the 2013 Act''); the Comprehensive Addiction and Recovery Act of
2016 (Public Law 114-198) (``CARA''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); Kevin and Avonte's
Law (division Q of Public Law 115-141) (``Kevin and Avonte's Law'');
the Keep Young Athletes Safe Act of 2018 (title III of division S of
Public Law 115-141) (``the Keep Young Athletes Safe Act''); the STOP
School Violence Act of 2018 (title V of division S of Public Law 115-
141) (``the STOP School Violence Act''); the Fix NICS Act of 2018
(title VI of division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public Law 115-
185); the SUPPORT for Patients and Communities Act (Public Law 115-
271); the Second Chance Reauthorization Act of 2018 (Public Law 115-
391); and the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (Public Law 111-84); and other programs, $2,402,000,000
(increased by $2,000,000) (increased by $2,500,000) (increased by
$1,000,000) (reduced by $2,500,000) (reduced by $2,500,000) (increased
by $1,000,000) (increased by $1,000,000) (reduced by $10,000,000)
(increased by $10,000,000) (increased by $1,000,000) (increased by
$1,000,000) (increased by $1,500,000) (increased by $4,000,000), to
remain available until expended as follows--
(1) $525,000,000 (increased by $2,000,000) (increased by
$1,000,000) (reduced by $2,500,000) (reduced by $2,500,000)
(increased by $1,500,000) for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of title
I of the 1968 Act shall not apply for purposes of this Act), of
which, notwithstanding such subpart 1; $12,500,000 is for an
Officer Robert Wilson III memorial initiative on Preventing
Violence Against Law Enforcement and Ensuring Officer
Resilience and Survivability (VALOR); $7,500,000 is for an
initiative to support evidence-based policing; $8,500,000 is
for an initiative to enhance prosecutorial decision-making;
$2,400,000 is for the operationalization, maintenance and
expansion of the National Missing and Unidentified Persons
System; $3,000,000 is for an academic based training initiative
to improve police-based responses to people with mental illness
or developmental disabilities; $3,000,000 is for a student loan
repayment assistance program pursuant to section 952 of Public
Law 110-315; $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government, and
other programs, as authorized by the Prison Rape Elimination
Act of 2003 (Public Law 108-79); $3,000,000 is for a grant
program authorized by Kevin and Avonte's Law; $3,000,000 is for
a regional law enforcement technology initiative; $20,000,000
is for grants authorized under the Project Safe Neighborhoods
Grant Authorization Act of 2018 (Public Law 115-185);
$2,000,000 is for a grant to provide a drug field testing and
training initiative; $6,500,000 is for the Capital Litigation
Improvement Grant Program, as authorized by section 426 of
Public Law 108-405, and for grants for wrongful conviction
review; $3,000,000 is for grants to States and units of local
government to deploy managed access systems to combat
contraband cell phone use in prison; $1,500,000 (increased by
$1,000,000) is for a collaborative mental health and anti-
recidivism initiative; $3,000,000 is for a program to improve
juvenile indigent defense; $9,000,000 (increased by $1,500,000)
is for community-based violence prevention initiatives;
$3,500,000 (increased by $2,000,000) is for a national center
for restorative justice; $2,000,000 is for grants for
construction, renovation, or upgrades of child-friendly family
visitation spaces in correctional facilities; $5,000,000 is for
the development of best practices for and the creation of local
task forces on public safety innovation consistent with the
requirements as described in section 366 of H.R. 7120 as passed
by the House of Representatives on June 25, 2020; $15,000,000
is for technical assistance grants to law enforcement agencies,
consistent with requirements as described in section 224 of
H.R. 7120 as passed by the House of Representatives on June 25,
2020, regarding reporting data on the use of force by law
enforcement officers; $5,000,000 is for competitive grants or
contracts to law enforcement agencies, for the purpose of
developing and implementing data collection programs on hit
rates for stops and searches by law enforcement agencies,
consistent with requirements as described in subsections (a)
and (b) of section 333 of H.R. 7120 as passed by the House of
Representatives on June 25, 2020; $7,200,000 is for grants to
support State and local law enforcement agencies in complying
with law enforcement reform efforts as a result of litigation,
including consent decrees, out-of-court settlements, memoranda
of understanding, findings, technical assistance, and
recommendation letters provided by reform authorities; and
$50,000,000 is for training programs for State and local law
enforcement officers on racial profiling, implicit bias, de-
escalation, use of force and a duty to intervene, and
procedural justice: Provided, That of the grant awards funded
from amounts provided herein and not otherwise specified under
this paragraph, each applicant shall provide assurance that,
for each fiscal year covered by an application, the applicant
will use not less than 10 percent of the total amount of the
grant award for the fiscal year to develop and implement best
practice devices and systems to eliminate racial profiling,
including training to prevent racial profiling and to encourage
more respectful interaction with the public, the acquisition
and use of technology to facilitate the accurate collection and
analysis of data, the development and acquisition of feedback
systems and technologies that identify law enforcement agents
or units of agents engaged in, or at risk of engaging in,
racial profiling or other misconduct, and the establishment and
maintenance of an administrative complaint procedure or
independent auditor program: Provided further, That of the
grant awards funded from amounts provided herein and not
otherwise specified under this paragraph, each applicant shall
provide assurance that, for each fiscal year covered by an
application, the applicant will use not less than 5 percent of
the total amount of the grant award for the fiscal year to
assist law enforcement agencies of the applicant, including
campus public safety departments, to gain or maintain
accreditation from certified law enforcement accreditation
organizations, consistent with the requirements as described in
section 113 of H.R. 7120 as passed by the House of
Representatives on June 25, 2020: Provided further, That of the
grant awards funded from amounts provided herein and not
otherwise specified under this paragraph, each applicant shall
provide assurance that the applicant will use not less than 5
percent of the total amount of the grant award for the fiscal
year to study and implement effective management, training,
recruiting, hiring, and oversight standards and programs to
promote effective community and problem solving strategies for
law enforcement agencies, consistent with the requirements as
described in section 114 of H.R. 7120 as passed by the House of
Representatives on June 25, 2020: Provided further, That of the
grant awards funded from amounts provided herein and not
otherwise specified under this paragraph, each applicant shall
provide assurance that, for each fiscal year covered by an
application, the applicant will use not less than 5 percent of
the total amount of the grant award for the fiscal year to
develop policies and procedures in compliance with section 382
of H.R. 7120 as passed by the House of Representatives on June
25, 2020: Provided further, That for purposes of this
paragraph, the term ``applicant'' means a recipient and a
subrecipient of funds under a program described in this
paragraph: Provided further, That awards hereunder, shall not
be subject to restrictions or special conditions that are the
same as (or substantially similar to) those, imposed on awards
under such subpart in fiscal year 2018, that forbid
interference with Federal law enforcement;
(2) $251,500,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $95,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs authorized under Public Law 109-164, or
programs authorized under Public Law 113-4;
(4) $14,500,000 for economic, high technology, white
collar, and internet crime prevention grants, including as
authorized by section 401 of Public Law 110-403, of which
$2,500,000 is for competitive grants that help State and local
law enforcement tackle intellectual property thefts, and
$2,000,000 for a competitive grant program for training
students in computer forensics and digital investigation;
(5) $20,500,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $29,000,000 for the Patrick Leahy Bulletproof Vest
Partnership Grant Program, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards for research,
testing and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $88,000,000 (increased by $1,000,000) for grants to
States to upgrade criminal and mental health records for the
National Instant Criminal Background Check System, of which no
less than $25,000,000 shall be for grants made under the
authorities of the NICS Improvement Amendments Act of 2007
(Public Law 110-180) and Fix NICS Act of 2018;
(9) $30,500,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $142,000,000 (increased by $1,000,000) (increased by
$4,000,000) for DNA-related and forensic programs and
activities, of which--
(A) $108,000,000 (increased by $1,000,000)
(increased by $4,000,000) is for the purposes
authorized under section 2 of the DNA Analysis Backlog
Elimination Act of 2000 (Public Law 106-546) (the
Debbie Smith DNA Backlog Grant Program): Provided,
That up to 4 percent of funds made available under this
paragraph may be used for the purposes described in the
DNA Training and Education for Law Enforcement,
Correctional Personnel, and Court Officers program
(Public Law 108-405, section 303);
(B) $19,000,000 is for other local, State, and
Federal forensic activities;
(C) $9,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant
Program (Public Law 108-405, section 412); and
(D) $6,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108-405;
(11) $49,000,000 for a grant program for community-based
sexual assault response reform;
(12) $12,500,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $39,500,000 for assistance to Indian Tribes;
(14) $100,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199) and by the Second Chance Reauthorization
Act of 2018 (Public Law 115-391), without regard to the time
limitations specified at section 6(1) of such Act, of which not
to exceed $6,000,000 is for a program to improve State, local,
and Tribal probation or parole supervision efforts and
strategies, $5,000,000 is for Children of Incarcerated Parents
Demonstrations to enhance and maintain parental and family
relationships for incarcerated parents as a reentry or
recidivism reduction strategy, and $4,500,000 is for additional
replication sites employing the Project HOPE Opportunity
Probation with Enforcement model implementing swift and certain
sanctions in probation, and for a research project on the
effectiveness of the model: Provided, That up to $7,500,000 of
funds made available in this paragraph may be used for
performance-based awards for Pay for Success projects, of which
up to $5,000,000 shall be for Pay for Success programs
implementing the Permanent Supportive Housing Model;
(15) $77,500,000 for initiatives to improve police-
community relations, of which $27,500,000 is for a competitive
matching grant program for purchases of body-worn cameras for
State, local and Tribal law enforcement, $30,000,000 is for a
justice reinvestment initiative, for activities related to
criminal justice reform and recidivism reduction, and
$20,000,000 is for an Edward Byrne Memorial criminal justice
innovation program;
(16) $412,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid, stimulant, and
substance abuse reduction consistent with underlying program
authorities--
(A) $85,000,000 for Drug Courts, as authorized by
section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $43,000,000 for mental health courts and adult
and juvenile collaboration program grants, as
authorized by parts V and HH of title I of the 1968
Act, and the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(C) $35,000,000 for grants for Residential
Substance Abuse Treatment for State Prisoners, as
authorized by part S of title I of the 1968 Act;
(D) $30,000,000 for a veterans treatment courts
program;
(E) $31,000,000 for a program to monitor
prescription drugs and scheduled listed chemical
products; and
(F) $188,000,000 for a comprehensive opioid,
stimulant, and substance abuse program;
(17) $2,500,000 (increased by $2,500,000) for a competitive
grant program authorized by the Keep Young Athletes Safe Act;
(18) $87,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under the
STOP School Violence Act;
(19) $2,000,000 (increased by $1,000,000) for grants to
State and local law enforcement agencies for the expenses
associated with the investigation and prosecution of criminal
offenses, involving civil rights, authorized by the Emmett Till
Unsolved Civil Rights Crimes Reauthorization Act of 2016
(Public Law 114-325);
(20) $8,000,000 (increased by $1,000,000) for grants to
State, local, and Tribal law enforcement agencies to conduct
educational outreach and training on hate crimes and to
investigate and prosecute hate crimes, as authorized by section
4704 of the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (Public Law 111-84);
(21) $15,000,000 for a competitive grant pilot program for
qualified nonprofit organizations to provide legal
representation to immigrants arriving at the southwest border
seeking asylum and other forms of legal protection in the
United States; and
(22) $400,000,000 for Law Enforcement Accountability
Grants, of which--
(A) $350,000,000 is for grants to hold law
enforcement accountable in the courts: Provided, That
of the amounts provided under this paragraph,
$100,000,000 shall be for grants to assist States in
conducting pattern and practice investigations at the
State level, consistent with the requirements as
described in section 103(b) of H.R. 7120 as passed by
the House of Representatives on June 25, 2020: Provided
further, That of the amounts provided, $250,000,000
shall be for grants to States and Tribal Governments to
assist in implementing statutes providing for
independent investigation of law enforcement officers,
consistent with the requirements as described in
section 104 of H.R. 7120 as passed by the House of
Representatives on June 25, 2020; and
(B) $50,000,000 is for Law Enforcement Trust and
Integrity Grant Programs: Provided, That of the amounts
provided under this subparagraph--
(i) $25,000,000 shall be for grants to
allow community-based organizations to study
management and operations standards for law
enforcement agencies, consistent with the
requirements as described in subsections (b)
and (c) of section 114 of H.R. 7120 as passed
by the House of Representatives on June 25,
2020; and
(ii) $25,000,000 shall be for grants to
develop pilot programs and implement effective
standards and programs, consistent with the
requirements as described in subsections (c)
and (d) of section 114 of H.R. 7120 as passed
by the House of Representatives on June 25,
2020.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291 et
seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113-4) (``the 2013 Act''); the Justice for All
Reauthorization Act of 2016 (Public Law 114-324); the Juvenile Justice
Reform Act of 2018 (Public Law 115-385); and other juvenile justice
programs, $337,000,000 (increased by $1,000,000) (increased by
$2,000,000), to remain available until expended as follows--
(1) $65,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State, local
and Tribal juvenile justice residential facilities;
(2) $100,000,000 for youth mentoring grants;
(3) $44,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $3,000,000 shall be for grants to prevent
trafficking of girls;
(B) $5,000,000 shall be for the Tribal Youth
Program;
(C) $500,000 shall be for an internet site
providing information and resources on children of
incarcerated parents;
(D) $2,000,000 (increased by $1,000,000) shall be
for competitive grants focusing on girls in the
juvenile justice system;
(E) $10,000,000 shall be for an opioid-affected
youth initiative; and
(F) $8,000,000 shall be for an initiative relating
to children exposed to violence;
(4) $28,500,000 (increased by $2,000,000) for programs
authorized by the Victims of Child Abuse Act of 1990;
(5) $94,500,000 (increased by $1,000,000) for missing and
exploited children programs, including as authorized by
sections 404(b) and 405(a) of the 1974 Act (except that section
102(b)(4)(B) of the PROTECT Our Children Act of 2008 (Public
Law 110-401) shall not apply for purposes of this Act); and
(6) $5,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of the amounts designated under paragraphs (1) through (3)
and (6) may be used for training and technical assistance: Provided
further, That the two preceding provisos shall not apply to grants and
projects administered pursuant to sections 261 and 262 of the 1974 Act
and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs), to
remain available until expended; and $24,800,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain available
until expended: Provided, That upon a determination by the Attorney
General that emergent circumstances require additional funding for such
disability and education payments, the Attorney General may transfer
such amounts to ``Public Safety Officer Benefits'' from available
appropriations for the Department of Justice as may be necessary to
respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of
2017 (Public Law 115-37); and the SUPPORT for Patients and Communities
Act (Public Law 115-271), $343,000,000, to remain available until
expended: Provided, That any balances made available through prior
year deobligations shall only be available in accordance with section
505 of this Act: Provided further, That of the amount provided under
this heading--
(1) $231,000,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
of additional career law enforcement officers under part Q of
such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(34 U.S.C. 10384(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
within the amounts appropriated under this paragraph,
$27,000,000 is for improving Tribal law enforcement, including
hiring, equipment, training, anti-methamphetamine activities,
and anti-opioid activities: Provided further, That of the
amounts appropriated under this paragraph, $6,500,000 is for
community policing development activities in furtherance of the
purposes in section 1701: Provided further, That of the amounts
appropriated under this paragraph $40,000,000 is for regional
information sharing activities, as authorized by part M of
title I of the 1968 Act, which shall be transferred to and
merged with ``Research, Evaluation, and Statistics'' for
administration by the Office of Justice Programs: Provided
further, That within the amounts appropriated under this
paragraph, no less than $3,000,000 is to support the Tribal
Access Program: Provided further, That within the amounts
appropriated under this paragraph, $5,000,000 (increased by
$2,500,000) is for training, peer mentoring, and mental health
program activities as authorized under the Law Enforcement
Mental Health and Wellness Act (Public Law 115-113): Provided
further, That within the amount appropriated under this
paragraph, no less than $4,000,000 is for grant programs to
develop best practices for, and to create, civilian review
boards, consistent with the requirements as described in
section 104(b) of H.R. 7120 as passed by in the House of
Representatives on June 25, 2020.
(2) $11,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $13,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and
laboratory dump seizures: Provided, That funds appropriated
under this paragraph shall be utilized for investigative
purposes to locate or investigate illicit activities, including
precursor diversion, laboratories, or methamphetamine
traffickers;
(4) $35,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration; and
(5) $53,000,000 is for competitive grants to be
administered by the Community Oriented Policing Services Office
for purposes authorized under the STOP School Violence Act
(title V of division S of Public Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape or incest: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 202. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 203. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any
way diminishes the effect of section 202 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 204. None of the funds made available under this title may be
used by the Federal Bureau of Prisons or the United States Marshals
Service for the purpose of transporting an individual who is a prisoner
pursuant to conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than to a
prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 205. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, or to
rent or purchase audiovisual or electronic media or equipment used
primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance, or
purchase of audiovisual or electronic media or equipment for inmate
training, religious, or educational programs.
Sec. 206. None of the funds made available under this title shall
be obligated or expended for any new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations of the House
of Representatives and the Senate that the information technology
program has appropriate program management controls and contractor
oversight mechanisms in place, and that the program is compatible with
the enterprise architecture of the Department of Justice.
Sec. 207. The notification thresholds and procedures set forth in
section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the report
accompanying this Act, and to any use of deobligated balances of funds
provided under this title in previous years.
Sec. 208. None of the funds appropriated by this Act may be used
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular
A-76 or any successor administrative regulation, directive, or policy
for work performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 209. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title 28,
United States Code.
Sec. 210. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized
to be made available) by law, with respect to funds appropriated by
this title under the headings ``Research, Evaluation and Statistics'',
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 2 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may be
used by such Office to provide training and technical
assistance; and
(2) up to 2 percent of funds made available for grant or
reimbursement programs under such headings, except for amounts
appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute of
Justice and the Bureau of Justice Statistics, shall be
transferred to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation, or statistical
purposes, without regard to the authorizations for such grant
or reimbursement programs.
Sec. 211. Upon request by a grantee for whom the Attorney General
has determined there is a fiscal hardship, the Attorney General may,
with respect to funds appropriated in this or any other Act making
appropriations for fiscal years 2018 through 2021 for the following
programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard communities
as authorized by section 6 of the Prison Rape Elimination Act
of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
Sec. 212. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not apply to amounts
made available by this or any other Act.
Sec. 213. None of the funds made available under this Act, other
than for the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act (34 U.S.C. 40901), may be used by a Federal law enforcement officer
to facilitate the transfer of an operable firearm to an individual if
the Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel, unless law enforcement
personnel of the United States continuously monitor or control the
firearm at all times.
Sec. 214. (a) None of the income retained in the Department of
Justice Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
during fiscal year 2021, except up to $12,000,000 may be obligated for
implementation of a unified Department of Justice financial management
system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
28 U.S.C. 527 note) shall be available for obligation in fiscal year
2021, and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section 505 of this
Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2021, and any use,
obligation, transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
Sec. 215. Discretionary funds that are made available in this Act
for the Office of Justice Programs may be used to participate in
Performance Partnership Pilots authorized under such authorities as
have been enacted for Performance Partnership Pilots in appropriations
acts in prior fiscal years and the current fiscal year.
Sec. 216. Notwithstanding section 219 of division B of Public Law
116-93, section 1930(a)(6)(B) of title 28, United States Code, shall be
applied for fiscal years 2021 and 2022 by substituting ``$300,000,000''
for ``$200,000,000''.
Sec. 217. None of the funds made available by this Act may be used
by the Executive Office for Immigration Review to implement case
performance numeric metrics that are linked to performance evaluations
for individual immigration judges.
Sec. 218. Section 151 of the Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991 (Public Law 101-246; 5 U.S.C. 5928 note), is
amended--
(1) by striking ``or'' after ``Drug Enforcement
Administration'' and inserting ``, the''; and
(2) by inserting ``, or the United States Marshals
Service'' after ``Federal Bureau of Investigation''.
Sec. 219. None of the funds made available under this Act for the
Edward Byrne Memorial Justice Assistance Grant program or Community
Oriented Policing Services program may be awarded to a State or unit of
local government unless the United States Attorney General certifies
that the State or unit of local government--
(1) maintains adequate policies and procedures designed to
eliminate racial profiling in law enforcement, and has
eliminated any existing practices that permit or encourage
racial profiling in law enforcement;
(2) requires each law enforcement officer in the State or
unit of local government to complete training programs on
racial profiling, implicit bias, de-escalation, use of force
and a duty to intervene in cases where another law enforcement
officer is using excessive force against a civilian, and
procedural justice;
(3) has in effect a law that prohibits law enforcement
officers in the State or other jurisdiction from using a
chokehold or carotid hold, consistent with the requirements as
described in section 363 of H.R. 7120 as passed by the House of
Representatives on June 25, 2020;
(4) has in effect a law that prohibits law enforcement
officers in the State or other jurisdiction from using less
lethal force, consistent with the requirements as described in
section 364 of H.R. 7120 as passed by the House of
Representatives on June 25, 2020;
(5) has in effect a law that prohibits law enforcement
officers in the State or other jurisdiction from using deadly
force, consistent with the requirements as described in section
364 of H.R. 7120 as passed by the House of Representatives on
June 25, 2020;
(6) has in effect a law that prohibits the issuance of a
``no-knock warrant'' in a drug case, consistent with the
requirements as described in section 362 of H.R. 7120 as passed
by the House of Representatives on June 25, 2020;
(7) has provided the United States Attorney General a law
enforcement practice report that includes information on the
race, ethnicity, age, and gender of the officers and employees
of the law enforcement agency and of members of the public
involved in--
(A) traffic violation stops;
(B) pedestrian stops;
(C) frisk and body searches;
(D) instances where officers or employees of the
law enforcement agency used deadly force including--
(i) a description of when and where deadly
force was used, and whether it resulted in
death;
(ii) a description of deadly force directed
against an officer or employee and whether it
resulted in injury or death; and
(iii) the law enforcement agency's
justification for use of deadly force, if the
agency determines it was justified; and
(8) will not make such funds available to a law enforcement
agency that has entered into or renewed any contractual
arrangement, including a collective bargaining agreement with a
labor organization, that--
(A) would prevent the Attorney General from seeking
or enforcing equitable or declaratory relief against a
law enforcement agency engaging in a pattern or
practice of unconstitutional misconduct; or
(B) conflicts with any terms or conditions
contained in a consent decree.
national task force on law enforcement oversight
Sec. 220. (a) Establishment.--There is established within the
Department of Justice a task force to be known as the Task Force on Law
Enforcement Oversight (hereinafter in this section referred to as the
``Task Force'').
(b) Composition.--The Task Force shall be composed of individuals
appointed by the Attorney General, who shall appoint not less than one
individual from each of the following:
(1) The Special Litigation Section of the Civil Rights
Division.
(2) The Criminal Section of the Civil Rights Division.
(3) The Federal Coordination and Compliance Section of the
Civil Rights Division.
(4) The Employment Litigation Section of the Civil Rights
Division.
(5) The Disability Rights Section of the Civil Rights
Division.
(6) The Office of Justice Programs.
(7) The Office of Community Oriented Policing Services
(COPS).
(8) The Corruption/Civil Rights Section of the Federal
Bureau of Investigation.
(9) The Community Relations Service.
(10) The Office of Tribal Justice.
(11) The unit within the Department of Justice assigned as
a liaison for civilian review boards.
(c) Powers and Duties.--The Task Force shall consult with
professional law enforcement associations, labor organizations, and
community-based organizations to coordinate the process of the
detection and referral of complaints regarding incidents of alleged law
enforcement misconduct.
Sec. 221. None of the funds appropriated by this title shall be
made available for any law enforcement agency of any State, unit of
local government, or federally recognized Tribal Government unless the
Attorney General of the United States has certified that such agency
has begun or completed the process of obtaining accreditation from a
law enforcement accreditation organization (as defined in section
112(2) of H.R. 7120 as passed by the House of Representatives on June
25, 2020) approved by the Attorney General.
Sec. 222. None of the funds made available under this Act for the
Edward Byrne Memorial Justice Assistance Grant program or Community
Oriented Policing Services program may be awarded to a State or unit of
local government unless the United States Attorney General certifies
that the State or unit of local government has in effect a law that--
(1) makes it a criminal offense for any person acting under
color of law of the State or unit of local government to engage
in a sexual act with an individual, including an individual who
is under arrest, in detention, or otherwise in the actual
custody of any law enforcement officer; and
(2) prohibits a person charged with an offense described
herein from asserting the consent of the other individual as a
defense.
In the case of a multi-jurisdictional or regional consortium that would
be eligible to receive funds under the Community Oriented Policing
Services grant program, if any member of that consortium is a State or
unit of local government that does not have in effect a law described
in paragraphs (1) and (2), that consortium shall not be eligible to
receive such funds.
This title may be cited as the ``Department of Justice
Appropriations Act, 2021''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 et seq.), hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code, not to
exceed $2,250 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $5,544,000.
National Space Council
For necessary expenses of the National Space Council, in carrying
out the purposes of title V of Public Law 100-685 and Executive Order
No. 13803, hire of passenger motor vehicles, and services as authorized
by section 3109 of title 5, United States Code, not to exceed $2,250
for official reception and representation expenses, $1,965,000:
Provided, That notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies, departments, and
offices may detail staff without reimbursement to the National Space
Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance
and repair, facility planning and design; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $7,097,500,000 (reduced by $30,000,000)
(increased by $30,000,000), to remain available until September 30,
2022: Provided, That, $2,021,800,000 shall be for Earth Science;
$2,713,400,000 (reduced by $40,000,000) (increased by $40,000,000)
shall be for Planetary Science; $1,306,200,000 shall be for
Astrophysics; $423,000,000 shall be for the James Webb Space Telescope;
and $633,100,000 shall be for Heliophysics: Provided further, That of
the amounts provided, $403,500,000 is for an orbiter to meet the
science goals for the Jupiter Europa mission as recommended in previous
Planetary Science Decadal surveys: Provided further, That the National
Aeronautics and Space Administration shall use the Space Launch System,
if available, as the launch vehicles for the Jupiter Europa missions,
plan for an orbiter launch no later than 2025 and a lander launch no
later than 2027, and include in the fiscal year 2022 budget the 5-year
funding profile necessary to achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $819,000,000 (increased by $15,000,000)
(reduced by $15,000,000), to remain available until September 30, 2022.
space technology
For necessary expenses, not otherwise provided for, in the conduct
and support of space technology research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $1,100,000,000, to remain available until
September 30, 2022: Provided, That $227,000,000 shall be for RESTORE-
L/SPace Infrastructure DExterous Robot: Provided further, That
$110,000,000 shall be for the development, production and demonstration
of a nuclear thermal propulsion system, of which $80,000,000 shall be
for the design of a flight demonstration system: Provided further,
That, not later than 180 days after the enactment of this Act, the
National Aeronautics and Space Administration shall provide a plan for
the design of a flight demonstration.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $6,017,600,000, to remain available until
September 30, 2022: Provided, That not less than $1,400,500,000 shall
be for the Orion Multi-Purpose Crew Vehicle: Provided further, That
not less than $2,600,000,000 shall be for the Space Launch System (SLS)
launch vehicle, which shall have a lift capability not less than 130
metric tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously to be used to the maximum extent
practicable, including for Earth to Moon missions and Moon landings:
Provided further, That of the amounts provided for SLS, not less than
$400,000,000 shall be for SLS Block 1B development including the
Exploration Upper Stage and associated systems including related
facilitization: Provided further, That $459,700,000 shall be for
Exploration Ground Systems including infrastructure in support of SLS
Block 1B missions: Provided further, That the National Aeronautics and
Space Administration shall provide to the Committees on Appropriations
of the House of Representatives and the Senate, concurrent with the
annual budget submission, a 5-year budget profile for an integrated
system that includes the SLS, the Orion Multi-Purpose Crew Vehicle, and
associated ground systems that will ensure a crewed launch as early as
possible, as well as a system-based funding profile for a sustained
launch cadence that contemplates the use of an SLS Block 1B cargo
variant and associated ground systems: Provided further, That
$1,557,400,000 shall be for exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services;
space flight, spacecraft control and communications activities,
including operations, production, and services; maintenance and repair,
facility planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and administrative
aircraft, $4,052,200,000, to remain available until September 30, 2022.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the conduct
and support of aerospace and aeronautical education research and
development activities, including research, development, operations,
support, and services; program management; personnel and related costs,
including uniforms or allowances therefor, as authorized by sections
5901 and 5902 of title 5, United States Code; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$126,000,000 (increased by $1,000,000), to remain available until
September 30, 2022, of which $26,000,000 shall be for the Established
Program to Stimulate Competitive Research and $50,000,000 (increased by
$1,000,000) shall be for the National Space Grant College and
Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, space technology, exploration,
space operations and education research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $63,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $2,953,400,000, to remain available until
September 30, 2022: Provided, That if available balances in the
``Science, Space, and Technology Education Trust Fund'' are not
sufficient to provide for the grant disbursements required under the
third and fourth provisos under such heading in the Department of
Housing and Urban Development-Independent Agencies Appropriations Act,
1989, (Public Law 100-404), as amended by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1995, (Public Law 103-327), up to $1,000,000 shall
be available from amounts made available under this heading to make
such grant disbursements.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $419,100,000, to remain available until
September 30, 2026: Provided, That proceeds from leases deposited into
this account shall be available for a period of 5 years to the extent
and in amounts as provided in annual appropriations Acts: Provided
further, That such proceeds referred to in the preceding proviso shall
be available for obligation for fiscal year 2021 in an amount not to
exceed $18,700,000: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 20145 of title
51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $44,200,000, of which
$500,000 shall remain available until September 30, 2022.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall remain
available, without fiscal year limitation, until a prize is claimed or
the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any funds transferred to ``Construction and
Environmental Compliance and Restoration'' for construction activities
shall not increase that account by more than 20 percent. Balances so
transferred shall be merged with and available for the same purposes
and the same time period as the appropriations to which transferred.
Any transfer pursuant to this provision shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Not to exceed 5 percent of any appropriation provided for the
National Aeronautics and Space Administration under previous
appropriations Acts that remains available for obligation or
expenditure in fiscal year 2021 may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
any such transfers. Any transfer pursuant to this provision shall
retain its original availability and shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
The spending plan required by this Act shall be provided by NASA at
the theme, program, project and activity level. The spending plan, as
well as any subsequent change of an amount established in that spending
plan that meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Not more than 40 percent of the amounts made available in this Act
for the Gateway; Advanced Cislunar and Surface Capabilities; Commercial
LEO Development; Human Landing System; and Lunar Discovery and
Exploration, excluding the Lunar Reconnaissance Orbiter, may be
obligated until the Administrator submits a multi-year plan to the
Committees on Appropriations of the House of Representatives and the
Senate that identifies estimated dates, by fiscal year, for Space
Launch System flights to build the Gateway; the commencement of
partnerships with commercial entities for additional LEO missions to
land humans and rovers on the Moon; and conducting additional
scientific activities on the Moon. The multi-year plan shall include
key milestones to be met by fiscal year to achieve goals for each of
the lunar programs described in the previous sentence and funding
required by fiscal year to achieve such milestones.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86-209
(42 U.S.C. 1880 et seq.); services as authorized by section 3109 of
title 5, United States Code; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $6,967,123,000 (reduced by $5,000,000)
(increased by $5,000,000) (reduced by $10,000,000) (increased by
$10,000,000) (reduced by $1,500,000) (increased by $1,500,000) (reduced
by $1,000,000) (increased by $1,000,000) (reduced by $200,000,000),
(increased by $200,000,000), to remain available until September 30,
2022, of which not to exceed $544,000,000 shall remain available until
expended for polar research and operations support, and for
reimbursement to other Federal agencies for operational and science
support and logistical and other related activities for the United
States Antarctic program: Provided, That receipts for scientific
support services and materials furnished by the National Research
Centers and other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized
travel, $243,230,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861
et seq.), including services as authorized by section 3109 of title 5,
United States Code, authorized travel, and rental of conference rooms
in the District of Columbia, $970,000,000 (reduced by $1,500,000)
(increased by $1,500,000) (reduced by $350,000,000) (increased by
$350,000,000), to remain available until September 30, 2022.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.); services authorized by section 3109 of title 5, United States
Code; hire of passenger motor vehicles; uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; rental of conference rooms in the District of Columbia;
and reimbursement of the Department of Homeland Security for security
guard services; $345,640,000: Provided, That not to exceed $8,280 is
for official reception and representation expenses: Provided further,
That contracts may be entered into under this heading in fiscal year
2021 for maintenance and operation of facilities and for other services
to be provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,500,000: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $17,850,000, of which
$400,000 shall remain available until September 30, 2022.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Science Foundation in this Act may
be transferred between such appropriations, but no such appropriation
shall be increased by more than 10 percent by any such transfers. Any
transfer pursuant to this paragraph shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth in that
section.
The Director of the National Science Foundation (NSF) shall notify
the Committees on Appropriations of the House of Representatives and
the Senate at least 30 days in advance of any planned divestment
through transfer, decommissioning, termination, or deconstruction of
any NSF-owned facilities or any NSF capital assets (including land,
structures, and equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations Act,
2021''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $12,000,000: Provided, That none of
the funds appropriated in this paragraph may be used to employ any
individuals under Schedule C of subpart C of part 213 of title 5 of the
Code of Federal Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds appropriated in
this paragraph shall be used to reimburse Commissioners for more than
75 billable days, with the exception of the chairperson, who is
permitted 125 billable days: Provided further, That the Chair may
accept and use any gift or donation to carry out the work of the
Commission: Provided further, That none of the funds appropriated in
this paragraph shall be used for any activity or expense that is not
explicitly authorized by section 3 of the Civil Rights Commission Act
of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, section 501 of the
Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services
as authorized by section 3109 of title 5, United States Code; hire of
passenger motor vehicles as authorized by section 1343(b) of title 31,
United States Code; nonmonetary awards to private citizens; and up to
$32,600,000 for payments to State and local enforcement agencies for
authorized services to the Commission, $408,700,000: Provided, That
the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available funds:
Provided further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization until
such time as the Committees on Appropriations of the House of
Representatives and the Senate have been notified of such proposals, in
accordance with the reprogramming requirements of section 505 of this
Act: Provided further, That the Chair may accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized
by section 3109 of title 5, United States Code, and not to exceed
$2,250 for official reception and representation expenses,
$105,000,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $465,000,000,
of which $423,400,000 is for basic field programs and required
independent audits; $5,600,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $24,000,000 is for management and
grants oversight; $5,000,000 is for client self-help and information
technology; $5,000,000 is for a Pro Bono Innovation Fund; and
$2,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by section
5304 of title 5, United States Code, notwithstanding section 1005(d) of
the Legal Services Corporation Act (42 U.S.C. 2996d(d)): Provided
further, That not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Legal Services
Corporation in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10 percent by
any such transfers: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section: Provided further, That, for the purposes of section 505
of this Act, the Legal Services Corporation shall be considered an
agency of the United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2020 and 2021, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.), $3,769,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by section 3109 of
title 5, United States Code, $55,000,000, of which $1,000,000 shall
remain available until expended: Provided, That of the total amount
made available under this heading, not to exceed $124,000 shall be
available for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative authorized
by section 611 of the Trade Facilitation and Trade Enforcement Act of
2015 (19 U.S.C. 4405), including transfers, $15,000,000, to be derived
from the Trade Enforcement Trust Fund: Provided, That any transfer
pursuant to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $7,700,000, of which $500,000 shall remain available until
September 30, 2022: Provided, That not to exceed $2,250 shall be
available for official reception and representation expenses: Provided
further, That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year
2021, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates or initiates a new
program, project, or activity; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames offices,
programs, or activities; (6) contracts out or privatizes any functions
or activities presently performed by Federal employees; (7) augments
existing programs, projects, or activities in excess of $500,000 or 10
percent, whichever is less, or reduces by 10 percent funding for any
program, project, or activity, or numbers of personnel by 10 percent;
or (8) results from any general savings, including savings from a
reduction in personnel, which would result in a change in existing
programs, projects, or activities as approved by Congress; unless the
House and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to
receive any contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title 48, Code
of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act shall
be used to purchase items that are manufactured, produced, or assembled
in the United States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given the term
in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a quarterly report on the
status of balances of appropriations at the account level. For
unobligated, uncommitted balances and unobligated, committed balances
the quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which the
balances were derived. For balances that are obligated, but unexpended,
the quarterly reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect of a
reporting requirement described in subsection (a) due to a limitation
of a current accounting system, the department or agency shall fulfill
such aspect to the maximum extent practicable under such accounting
system and shall identify and describe in each quarterly report the
extent to which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection of loan
collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products,
or to seek the reduction or removal by any foreign country of
restrictions on the marketing of tobacco or tobacco products, except
for restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402 of
chapter XIV of title II of Public Law 98-473 (34 U.S.C. 20101) in any
fiscal year in excess of $2,650,000,000 shall not be available for
obligation until the following fiscal year: Provided, That
notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred to
the Department of Justice Office of Inspector General and remain
available until expended for crime victim-related oversight and
auditing purposes; and (2) 5 percent shall be available to the Office
for Victims of Crime for grants, consistent with the requirements of
the Victims of Crime Act, to Indian Tribes to improve services for
victims of crime.
Sec. 511. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of Commerce,
the Department of Justice, the National Aeronautics and Space
Administration, the National Science Foundation, and the Legal Services
Corporation shall conduct audits, pursuant to the Inspector General Act
(5 U.S.C. App.), of grants or contracts for which funds are
appropriated by this Act, and shall submit reports to Congress on the
progress of such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until any such
audit is completed.
(b) Within 60 days after the date on which an audit described in
subsection (a) by an Inspector General is completed, the Secretary,
Attorney General, Administrator, Director, or President, as
appropriate, shall make the results of the audit available to the
public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary of
Commerce, the Attorney General, the Administrator, Director, or
President, as appropriate, certifying that no funds derived from the
grant or contract will be made available through a subcontract or in
any other manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director of the
Office of Management and Budget, in consultation with the Director of
the Office of Government Ethics, determines that a uniform set of rules
and requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch ethics
program to all Federal departments, agencies, and entities.
Sec. 514. (a) None of the funds appropriated or otherwise made
available under this Act may be used by the Departments of Commerce and
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation to acquire a high-impact or moderate-impact
information system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST) Federal
Information Processing Standard Publication 199, ``Standards for
Security Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems within
the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderate-impact
information system reviewed and assessed under subsection (a) unless
the head of the assessing entity described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy for
any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 516. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 517. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy
Act of 1986; The Fair Credit Reporting Act; The National Security Act
of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended
by these Acts.
Sec. 518. If at any time during any quarter, the program manager
of a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased
by 10 percent or more, the program manager shall immediately inform the
respective Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate Committees
on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increases; the action taken and
proposed to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and the degree
to which such changes have contributed to the increase in total program
costs or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the project's
management structure is adequate to control total project or
procurement costs.
Sec. 519. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2021 until the enactment of the Intelligence
Authorization Act for fiscal year 2021.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to
the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the 3 years preceding the certification,
has not been convicted of a criminal offense under the Internal Revenue
Code of 1986, and has not, more than 90 days prior to certification,
been notified of any unpaid Federal tax assessment for which the
liability remains unsatisfied, unless the assessment is the subject of
an installment agreement or offer in compromise that has been approved
by the Internal Revenue Service and is not in default, or the
assessment is the subject of a non-frivolous administrative or judicial
proceeding.
(rescissions)
Sec. 521. (a) Of the unobligated balances available under the
heading ``National Oceanic and Atmospheric Administration, Fisheries
Enforcement Asset Forfeiture Fund'', $10,000,000 is hereby permanently
rescinded, not later than September 30, 2021.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby permanently rescinded, not
later than September 30, 2021, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $75,000,000;
(2) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $70,000,000; and
(3) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $15,000,000.
(c) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2021, specifying the amount
of each rescission made pursuant to subsections (a) and (b).
(d) The amounts rescinded in subsections (a) and (b) shall not be
from amounts that were designated by the Congress as an emergency or
disaster relief requirement pursuant to the concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control Act of
1985.
Sec. 522. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 523. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
from a Federal department or agency, who are stationed in the United
States, at any single conference occurring outside the United States
unless--
(1) such conference is a law enforcement training or
operational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforcement
personnel stationed outside the United States; or
(2) such conference is a scientific conference and the
department or agency head determines that such attendance is in
the national interest and notifies the Committees on
Appropriations of the House of Representatives and the Senate
within at least 15 days of that determination and the basis for
that determination.
Sec. 524. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the United
States receiving funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 525. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program''
designation.
Sec. 526. (a) None of the funds made available by this Act may be
used for the National Aeronautics and Space Administration (NASA), the
Office of Science and Technology Policy (OSTP), or the National Space
Council (NSC) to develop, design, plan, promulgate, implement, or
execute a bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any way with
China or any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of enactment of
this Act.
(b) None of the funds made available by this Act may be used to
effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall not
apply to activities which NASA, OSTP, or NSC, after consultation with
the Federal Bureau of Investigation, have certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, and the Federal Bureau of Investigation, no later than 30
days prior to the activity in question and shall include a description
of the purpose of the activity, its agenda, its major participants, and
its location and timing.
Sec. 527. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication, or other law enforcement- or victim
assistance-related activity.
Sec. 528. The Departments of Commerce and Justice, the National
Aeronautics and Space Administration, the National Science Foundation,
the Commission on Civil Rights, the Equal Employment Opportunity
Commission, the International Trade Commission, the Legal Services
Corporation, the Marine Mammal Commission, the Offices of Science and
Technology Policy and the United States Trade Representative, the
National Space Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of Representatives and
the Senate not later than 45 days after the date of enactment of this
Act.
Sec. 529. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or for performance
that does not meet the basic requirements of a contract.
Sec. 530. None of the funds made available by this Act may be used
in contravention of section 7606 (``Legitimacy of Industrial Hemp
Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
Department of Justice or the Drug Enforcement Administration.
Sec. 531. None of the funds made available under this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth of the
Northern Mariana Islands, the United States Virgin Islands, Guam, or
Puerto Rico, to prevent any of them from implementing their own laws
that authorize the use, distribution, possession, or cultivation of
medical marijuana.
Sec. 532. The Department of Commerce, the National Aeronautics and
Space Administration, and the National Science Foundation shall provide
a quarterly report to the Committees on Appropriations of the House of
Representatives and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose of such
travel.
Sec. 533. Of the amounts made available by this Act, not less than
10 percent of each total amount provided, respectively, for Public
Works grants authorized by the Public Works and Economic Development
Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its population
living in poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area Income and
Poverty Estimates, or any territory or possession of the United States.
Sec. 534. In determining the formulation and development costs of
the James Webb Space Telescope for purposes of section 536 of the
Commerce, Justice, Science, and Related Agencies Appropriations Act,
2020 (division B of Public Law 116-93), such costs shall not be
considered to include any costs directly related to preventing,
preparing for, and responding to the impacts of a global pandemic
health crisis.
Sec. 535. None of the funds made available by this Act may be used
by the Bureau of the Census to use information or records received
through data sharing agreements in contravention of existing law,
including sections 9 and 214 of title 13, United States Code.
Sec. 536. None of the funds made available by this Act may be used
to relocate the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) Canine Training Center or the ATF National Canine Division.
Sec. 537. (a) None of the funds made available to the Bureau of the
Census in this Act or any other Act may be used to compile or produce
any data product or tabulation as part of, in combination with, or in
connection with, the 2020 decennial census of population or any such
census data produced pursuant to section 141(c) of title 13, United
States Code, that is based in whole or in part on data that is not
collected in such census.
(b) The limitation in subsection (a) shall not apply to any data
product or tabulation that is required by sections 141(b) or (c) of
such title, that uses the same or substantially similar methodology and
data sources as a decennial census data product produced by the Bureau
of the Census before January 1, 2019, or that uses a methodology and
data sources that the Bureau of the Census finalized and made public
prior to January 1, 2018.
Sec. 538. None of the funds made available in this Act may be used
to implement the Attorney General Memorandum dated November 7, 2018,
entitled ``Principles and Procedures for Civil Consent Decrees and
Settlement Agreements with State and Local Governmental Entities''.
Sec. 539. None of the funds made available in this Act may be used
to carry out or support any law enforcement action taken to support or
control a crowd or public demonstration, by any individual employed by
a Federal, State, or local law enforcement agency unless such
individual wears a clearly visible identification of the law
enforcement agency that vests such individual with authority to carry
out or support such action.
Sec. 540. None of the funds made available in this or any other
Act (including prior Acts and Acts other than appropriations Acts) may
be used for the salaries or expenses of more than five political and
presidential appointees in the Bureau of the Census.
Sec. 541. None of the funds made available in this Act may be used
to pay any cost to enable the Attorney General of the United States to
travel more than 50 miles from the Robert F. Kennedy Department of
Justice Building in the District of Columbia.
Sec. 542. Section 510 of division B of Public Law 116-93 is
amended--
(1) by inserting ``crime victim-related'' after ``expended
for''; and
(2) by striking ``associated with this section''.
Sec. 543. None of the funds appropriated or otherwise made
available by this Act, or by any other Act making appropriations or any
other funds available, to the Department of Justice for any fiscal year
may be made available for the salary or expenses of any Federal
employee (including any contract or subcontract employee) who is
responding, pursuant to any Federal authority, to a mass gathering or
public protest in any area under the jurisdiction of a State, local,
Tribal, or territorial government unless--
(1) such employee wears a uniform that clearly identifies
the Federal agency affiliation of the employee;
(2) if the employee is responding in a civilian capacity,
wears clothing that is not similar to a combat-style uniform
worn by a member of the United States Armed Forces;
(3) any vehicle used by such employee in the course of
performing official functions identifies the Federal agency
affiliation of the employee;
(4) the Department of Justice publishes a notice on its
public-facing website that includes the total numbers and
agency affiliations of employees, contractors, or
subcontractors responding to a mass gathering or public
protest, the specific legal authority under which they are
acting, and a precise statement of their mission;
(5) a policy is in force at the employee's agency that
prohibits the use, at a mass gathering or public protest, of
deadly force or less-lethal force, including but not limited to
rubber bullets and similar projectiles, stun grenades, flash
bangs, and tear gas, unless the employee has a reasonable
belief that the subject of such force poses an imminent threat
of death or serious bodily injury to the employee or to another
person;
(6) a policy is in force at the employee's agency that
prohibits conducting surveillance of, or collecting
intelligence on, persons present at a mass gathering or public
protest, unless such persons are the subject of a predicated
criminal investigation based on a reasonable suspicion that
they are engaged in or preparing to engage in criminal
activity; and
(7) the Department of Justice maintains a complete record
of any law enforcement activities conducted in connection with
the mass gathering or public protest, including any arrests,
detentions, searches, seizures, or uses of force, and those
records are provided to Congress at 48-hour intervals following
the initial deployment of employees to the mass gathering or
protest.
Sec. 544. None of the funds made available by this Act may be used
for the acquisition of chemical weapons (as such term is defined under
section 229F of title 18, United States Code) for purposes of domestic
riot control.
Sec. 545. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to enter into any new
contract, grant, or cooperative agreement with any entity listed in
subsection (b).
(b) The entities listed in this subsection are the following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
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WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
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4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
Sec. 546. None of the funds made available by this Act may be used
to implement, administer, or enforce the memorandum entitled,
``Memorandum for Federal Prosecutors Along the Southwest Border'' with
the subject ``Zero-tolerance for Offenses Under 8 U.S.C. 1325(a)''
issued by the Attorney General on April 6, 2018.
Sec. 547. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the First
Amendment of the Constitution.
Sec. 548. None of the funds made available in this Act may be used
to implement, administer, or enforce Executive Order No. 13880 (84 Fed.
Reg. 33821; July 11, 2019), entitled ``Collecting Information About
Citizenship Status in Connection With the Decennial Census''.
Sec. 549. None of the funds made available by this Act may be used
for Operation Legend or Operation Relentless Pursuit.
Sec. 550. None of the funds made available by this Act may be used
to implement, administer, or enforce the Presidential Memorandum on
Excluding Illegal Aliens From the Apportionment Base Following the 2020
Census, issued on July 21, 2020.
Sec. 551. None of the funds made available by this Act may be used
to carry out paragraph (2) of section 3622(c) of title 18, United
States Code.
Sec. 552. None of the funds made available by this Act may be used
to purchase chemical weapons (as such term is defined in section 229F
of title 18, United States Code) for law enforcement purposes.
Sec. 553. None of the funds made available by this Act for the
Equal Employment Opportunity Commission for fiscal year 2021 may be
used to develop, promulgate, issue, finalize, implement, or enforce the
proposed rule entitled ``Official Time in Federal Sector Cases Before
the Commission'' published in the Federal Register on December 11, 2019
(84 Fed. Reg. 67683).
Sec. 554. None of the funds appropriated or otherwise made
available by this Act to the Department of Justice may be obligated or
expended to implement, administer, or enforce the rule entitled ``DNA
Sample Collection from Immigration Detainees'' published by the
Department of Justice in the Federal Register on March 6, 2020 (85 Fed.
Reg. 13483).
Sec. 555. None of the funds made available by this Act may be used
to carry out Order Number 3946-2017 of the Attorney General, issued
July 19, 2017.
Sec. 556. None of the funds made available by this Act may be used
in contravention of section 547 of title 28, United States Code.
Sec. 557. None of the funds made available by this Act to the
Department of Justice may be used, with respect to any of the States of
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah,
Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth of the
Northern Mariana Islands, Guam, Puerto Rico, or the United States
Virgin Islands, to prevent any of them from implementing their own laws
that authorize the use, distribution, possession, or cultivation of
marijuana.
Sec. 558. None of the funds made available by this Act to the
Department of Justice may be used to prevent any Indian Tribe (as such
term is defined in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)) from enacting or
implementing Tribal laws that authorize the use, distribution,
possession, or cultivation of marijuana.
Sec. 559. None of the funds made available by this Act may be used
by the Department of Justice to argue, in the conduct of any litigation
to which the United States, or an agency or officer thereof is a party,
that any provision of the Patient Protection and Affordable Care Act
(Public Law 111-148; 124 Stat. 119) or of the Health Care and Education
Reconciliation Act of 2010 (Public Law 111-152), is unconstitutional or
is invalid or unenforceable on any ground, including that certain
provisions of the Patient Protection and Affordable Care Act are not
severable from section 5000A of that Act.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2021''.
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2021, and for other purposes, namely:
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood
and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related needs; for surveys and detailed studies, and
plans and specifications of proposed river and harbor, flood and storm
damage reduction, shore protection, and aquatic ecosystem restoration
projects, and related efforts prior to construction; for restudy of
authorized projects; and for miscellaneous investigations, and, when
authorized by law, surveys and detailed studies, and plans and
specifications of projects prior to construction, $151,000,000
(increased by $1,300,000) (reduced by $1,300,000), to remain available
until expended: Provided, That the Secretary shall initiate seven new
study starts during fiscal year 2021: Provided further, That the
Secretary shall not deviate from the new starts proposed in the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law
(but such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$2,619,855,000 (increased by $10,000,000) (reduced by $10,000,000)
(reduced by $78,300,000) (increased by $78,300,000) (increased by
$20,000,000) (reduced by $20,000,000) (increased by $7,000,000)
(reduced by $7,000,000) (reduced by $52,500,000) (increased by
$52,500,000), to remain available until expended; of which such sums as
are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided for in
law.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $365,000,000, to remain
available until expended, of which such sums as are necessary to cover
the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law;
providing security for infrastructure owned or operated by the Corps,
including administrative buildings and laboratories; maintaining harbor
channels provided by a State, municipality, or other public agency that
serve essential navigation needs of general commerce, where authorized
by law; surveying and charting northern and northwestern lakes and
connecting waters; clearing and straightening channels; and removing
obstructions to navigation, $3,838,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund; of which such sums as become available from the
special account for the Corps of Engineers established by the Land and
Water Conservation Fund Act of 1965 shall be derived from that account
for resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available
from fees collected under section 217 of Public Law 104-303 shall be
used to cover the cost of operation and maintenance of the dredged
material disposal facilities for which such fees have been collected:
Provided, That 1 percent of the total amount of funds provided for each
of the programs, projects, or activities funded under this heading
shall not be allocated to a field operating activity prior to the
beginning of the fourth quarter of the fiscal year and shall be
available for use by the Chief of Engineers to fund such emergency
activities as the Chief of Engineers determines to be necessary and
appropriate, and that the Chief of Engineers shall allocate during the
fourth quarter any remaining funds which have not been used for
emergency activities proportionally in accordance with the amounts
provided for the programs, projects, or activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $205,000,000 (increased by
$5,000,000) (reduced by $205,000,000) (increased by $205,000,000), to
remain available until September 30, 2022.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $210,000,000, to remain available until
expended.
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$35,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $200,000,000 (reduced by $5,000,000), to remain available
until September 30, 2022, of which not to exceed $5,000 may be used for
official reception and representation purposes and only during the
current fiscal year: Provided, That no part of any other appropriation
provided in this title shall be available to fund the civil works
activities of the Office of the Chief of Engineers or the civil works
executive direction and management activities of the division offices:
Provided further, That any Flood Control and Coastal Emergencies
appropriation may be used to fund the supervision and general
administration of emergency operations, repairs, and other activities
in response to any flood, hurricane, or other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2022: Provided, That not more than 25
percent of such amount may be obligated or expended until the Assistant
Secretary submits to the Committees on Appropriations of both Houses of
Congress a work plan that allocates at least 95 percent of the
additional funding provided under each heading in this title, as
designated under such heading in the report of the Committee on
Appropriations accompanying this Act, to specific programs, projects,
or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in this title shall be
available for obligation or expenditure through a reprogramming of
funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
this Act;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 10 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or activity
authorized under section 205 of the Flood Control Act of 1948, section
14 of the Flood Control Act of 1946, section 208 of the Flood Control
Act of 1954, section 107 of the River and Harbor Act of 1960, section
103 of the River and Harbor Act of 1962, section 111 of the River and
Harbor Act of 1968, section 1135 of the Water Resources Development Act
of 1986, section 206 of the Water Resources Development Act of 1996, or
section 204 of the Water Resources Development Act of 1992.
(c) The Corps of Engineers shall submit reports on a quarterly
basis directly to the Committees on Appropriations of both Houses of
Congress detailing all the funds reprogrammed between programs,
projects, activities, or categories of funding. The first quarterly
report shall be submitted not later than 60 days after the date of
enactment of this Act.
Sec. 102. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 103. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost
due to Corps of Engineers projects.
Sec. 104. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or
tributaries thereto, unless it is approved under a State water quality
certification pursuant to section 401 of the Federal Water Pollution
Control Act (33 U.S.C. 1341): Provided, That until an open lake
placement alternative for dredged material is approved under a State
water quality certification, the Corps of Engineers shall continue
upland placement of such dredged material consistent with the
requirements of section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
Sec. 105. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of
July 24, 1946 (60 Stat. 636, ch. 595).
Sec. 106. None of the funds made available by this Act or any
other Act may be used to reorganize or to transfer the Civil Works
functions or authority of the Corps of Engineers or the Secretary of
the Army to another department or agency.
Sec. 107. Additional funding provided in this Act shall be
allocated only to projects determined to be eligible by the Chief of
Engineers.
Sec. 108. Notwithstanding any other provision of law, none of the
funds appropriated or otherwise made available by this Act or any prior
appropriations Acts for the Civil Works Program of the United States
Army Corps of Engineers may be committed, obligated, expended, or
otherwise used to design or construct a wall, fence, border barriers,
or border security infrastructure along the southern border of the
United States.
Sec. 109. None of the funds made available by this Act may be used
to issue a permit under section 404 of the Federal Water Pollution
Control Act to a private entity or individual for the discharge of
dredged or fill material from a project located within Water
Conservation Area 1, 2A, 2B, 3A, or 3B in the State of Florida, unless
discharge is from a project that is generally available for the general
public's or Tribe's use and benefit and serve a public purpose, which
may include Tribal communities.
Sec. 110. (a) When allocating the additional funding provided in
this title under the headings ``Construction'' and ``Mississippi River
and Tributaries'', the Secretary shall initiate a total of seven new
construction starts during fiscal year 2021.
(b) For new construction projects, project cost sharing agreements
shall be executed as soon as practicable but no later than September
30, 2021.
(c) No allocation for a new start shall be considered final and no
work allowance shall be made until the Secretary provides to the
Committees on Appropriations of both Houses of Congress an out-year
funding scenario demonstrating the affordability of the selected new
starts and the impacts on other projects.
(d) The Secretary shall not deviate from the new starts proposed in
the work plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $20,000,000 (increased by $5,000,000), to remain
available until expended, of which $1,800,000 shall be deposited into
the Utah Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Provided,
That of the amount provided under this heading, $1,500,000 shall be
available until September 30, 2022, for expenses necessary in carrying
out related responsibilities of the Secretary of the Interior:
Provided further, That for fiscal year 2021, of the amount made
available to the Commission under this Act or any other Act, the
Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian Tribes,
and others, $1,487,000,000 (reduced by $25,000,000) (increased by
$25,000,000), to remain available until expended, of which $58,476,000
shall be available for transfer to the Upper Colorado River Basin Fund
and $5,584,000 shall be available for transfer to the Lower Colorado
River Basin Development Fund; of which such amounts as may be necessary
may be advanced to the Colorado River Dam Fund: Provided, That
$25,882,000 shall be available for transfer into the Blackfeet Water
Settlement Implementation Fund established by section 3717 of Public
Law 114-322: Provided further, That such transfers may be increased or
decreased within the overall appropriation under this heading:
Provided further, That of the total appropriated, the amount for
program activities that can be financed by the Reclamation Fund or the
Bureau of Reclamation special fee account established by 16 U.S.C. 6806
shall be derived from that Fund or account: Provided further, That
funds contributed under 43 U.S.C. 395 are available until expended for
the purposes for which the funds were contributed: Provided further,
That funds advanced under 43 U.S.C. 397a shall be credited to this
account and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That of the
amounts provided herein, funds may be used for high-priority projects
which shall be carried out by the Youth Conservation Corps, as
authorized by 16 U.S.C. 1706. Provided further, That in accordance
with section 4007 of Public Law 114-322, and as recommended by the
Secretary of the Interior in a letter dated June 22, 2020, funding
provided for such purposes in fiscal years 2017, 2018, and 2019 may be
made available to the Friant-Kern Canal Capacity Correction Resulting
from Subsidence, the Los Vaqueros Reservoir Phase 2 Expansion Project,
the Delta Mendota Canal Subsidence Correction, the North-of-the-Delta
Off stream Storage (Sites Reservoir Project), the Del Puerto Water
District, the San Luis Low point Improvement Project, the Sacramento
Regional Water Bank, the Boise River Feasibility Study, and the Cle
Elum Pool Raise: Provided further, That no funds may be obligated or
expended for the projects specified in the preceding proviso until the
Secretary of the Interior transmits recommendations to Congress for
projects authorized under sections 4009(a) and 4009(c) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-322) and
the Congress enacts a subsequent appropriations act making
appropriations for energy and water development.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $55,875,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration Fund
pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law
102-575, to remain available until expended: Provided, That the Bureau
of Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the
funds made available under this heading may be used for the acquisition
or leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans
to be approved by the Secretary of the Interior, $33,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further,
That CALFED implementation shall be carried out in a balanced manner
with clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the six regions of the Bureau of Reclamation, to remain
available until September 30, 2022, $60,000,000 (reduced by
$6,000,000), to be derived from the Reclamation Fund and be
nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part
of any other appropriation in this Act shall be available for
activities or functions budgeted as policy and administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in this title shall be
available for obligation or expenditure through a reprogramming of
funds that--
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act;
(4) restarts or resumes any program, project, or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations of
both Houses of Congress;
(5) transfers funds in excess of the following limits--
(A) 15 percent for any program, project, or
activity for which $2,000,000 or more is available at
the beginning of the fiscal year; or
(B) $400,000 for any program, project, or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ``transfer'' means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly
basis directly to the Committees on Appropriations of both Houses of
Congress detailing all the funds reprogrammed between programs,
projects, activities, or categories of funding. The first quarterly
report shall be submitted not later than 60 days after the date of
enactment of this Act.
Sec. 202. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator
of the Environmental Protection Agency, to minimize any detrimental
effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future obligations of funds by the United States
relating to, or providing for, drainage service or drainage studies for
the San Luis Unit shall be fully reimbursable by San Luis Unit
beneficiaries of such service or studies pursuant to Federal
reclamation law.
Sec. 203. Section 9504(e) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 42 U.S.C. 10364(e)) is amended by
striking ``$530,000,000'' and inserting ``$600,000,000''.
Sec. 204. Title I of the CALFED Bay-Delta Authorization Act
(Public Law 108-361; 118 Stat. 1681), as amended by section 4007(k) of
Public Law 114-322, is amended by striking ``2020'' each place it
appears and inserting ``2021''.
Sec. 205. Section 9106(g)(2) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 1309) is amended by striking
``2020'' and inserting ``2021''.
Sec. 206. Section 6002(g)(4) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 16 U.S.C. 1015(a)) is amended by
striking ``2020'' and inserting ``2021''.
Sec. 207. (a) Section 104(c) of the Reclamation States Emergency
Drought Relief Act of 1991 (Public Law 102-250; 43 U.S.C. 2214(c)) is
amended by striking ``2020'' and inserting ``2021''.
(b) Section 301 of the Reclamation States Emergency Drought Relief
Act of 1991 (Public Law 102-250; 43 U.S.C. 2241) is amended by striking
``2020'' and inserting ``2021''.
Sec. 208. Title VI of the Claims Resolution Act (Public Law 111-
291; 42 U.S.C. 1305 note) is amended--
(1) in section 602 by adding at the end:
``The term `611(g) Agreement' means the agreement dated
September 17, 2019, executed by the United States, the State,
the Pueblos, the County, and the City pursuant to section
611(g).
``(24) 611(g) agreement.--The term `611(g) Agreement' means
the agreement dated September 17, 2019, executed by the United
States, the State, the Pueblos, the County, and the City
pursuant to section 611(g).'';
(2) in section 611(f)--
(A) in subparagraph (1)(A) by striking
``$106,400,000'' and inserting ``$243,400,000'';
(B) by amending subparagraph (B) of paragraph (1)
to read as follows:
``(B) Exception.--Of the amount described in
subparagraph (A)-- (i) the initial $106,400,000 shall
be increased or decreased, as appropriate, based on
ordinary fluctuations in construction costs since
October 1, 2006, as determined using applicable
engineering cost indices; and (ii) any amounts made
available in excess of the amount described in clause
(i) shall be increased or decreased, as appropriate,
based on ordinary fluctuations in construction costs
since October 1, 2018, as determined using applicable
engineering cost indices.''; and
(C) in paragraph (3), by inserting ``and the 611(g)
Agreement'' after ``the Cost-Sharing and System
Integration Agreement'';
(3) in section 617(a)(1)(B)--
(A) by striking ``$50,000,000'' and inserting
``$187,000,000''; and
(B) by striking ``2024'' and inserting ``2028'';
(4) in section 617(a)(4) by striking ``since October 1,
2006, as determined using applicable engineering cost indices''
and inserting ``pursuant to section 611(f)(1)(B)'';
(5) in section 621 by striking subsection (a) and inserting
the following:
``(a) Approval.--To the extent the Settlement Agreement,
the Cost-Sharing and System Integration Agreement, and the
611(g) Agreement do not conflict with this title, the
Settlement Agreement, the Cost-Sharing and System Integration
Agreement, and the 611(g) Agreement (including any amendments
to the Settlement Agreement, the Cost Sharing and System
Integration Agreement, and the 611(g) Agreement that are
executed to make the Settlement Agreement, the Cost-Sharing and
System Integration Agreement, or the 611(g) Agreement
consistent with this title) are authorized, ratified, and
confirmed.''; and
(6) in section 623(e)--
(A) in paragraph (2)--
(i) by striking ``2021'' and inserting
``2025''; and
(ii) by striking ``2024'' and inserting
``2028'';
(B) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``2021'' and inserting
``2025'';
(C) in paragraph (4)(B)(ii)(II), by striking
``2023'' and inserting ``2027''; and
(D) in paragraph (5)(A), by striking ``2024'' and
inserting ``2028''.
Sec. 209. None of the funds provided in this Act may be used for
the Shasta Dam and Reservoir Enlargement Project.
Sec. 210. Section 10501 of the Omnibus Public Land Management Act
of 2009 (Public Law 111-11; 43 U.S.C. 407) is amended--
(1) in subsection (b)(1), by striking ``For each of fiscal
years 2020 through 2029'' and inserting ``For fiscal year 2020
and each fiscal year thereafter'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``for each of
fiscal years 2020 through 2034'' and inserting ``for
fiscal year 2020 and each fiscal year thereafter''; and
(B) in paragraph (3)(C), by striking ``for any
authorized use'' and all that follows through the
period at the end and inserting ``for any use
authorized under paragraph (2).''; and
(3) by striking subsection (f).
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
(including rescissions of funds)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,850,240,000
(increased by $600,000) (increased by $5,000,000) (reduced by
$5,000,000) (increased by $2,000,000) (increased by $1,000,000)
(increased by $1,000,000) (reduced by $1,000,000) (reduced by
$150,000,000) (increased by $150,000,000), to remain available until
expended: Provided, That of such amount, $165,000,000 shall be
available until September 30, 2022, for program direction: Provided
further, That $806,831 from Public Law 111-8 and $1,433,462 from Public
Law 111-85 provided under this heading are hereby rescinded: Provided
further, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Cybersecurity, Energy Security, and Emergency Response
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy sector cybersecurity, energy security,
and emergency response activities in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $160,000,000 (increased by $5,000,000), to remain available
until expended: Provided, That of such amount, $13,000,000 shall be
available until September 30, 2022, for program direction.
Electricity
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $195,000,000, to remain available until
expended: Provided, That of such amount, $18,850,000 shall be
available until September 30, 2022, for program direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition,
construction, or expansion, $1,435,800,000 (reduced by $235,000,000)
(increased by $235,000,000), to remain available until expended:
Provided, That of such amount, $79,000,000 shall be available until
September 30, 2022, for program direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant
or facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $727,500,000 (reduced by $10,000,000) (increased by $10,000,000)
(increased by $2,500,000) (increased by $5,000,000), to remain
available until expended: Provided, That of such amount $62,115,000
shall be available until September 30, 2022, for program direction.
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $13,006,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $195,000,000, to remain available until expended.
SPR Petroleum Account
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201 et
seq.), sections 403 and 404 of the Bipartisan Budget Act of 2015 (42
U.S.C. 6241, 6239 note), and section 5010 of the 21st Century Cures Act
(Public Law 114-255), $7,500,000 (reduced by $1,000,000) (increased by
$1,000,000), to remain available until expended.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $10,000,000, to remain available until expended.
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $126,800,000
(reduced by $15,000,000) (increased by $15,000,000), to remain
available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $315,000,000, to remain available until
expended: Provided, That in addition, fees collected pursuant to
subsection (b)(1) of section 6939f of title 42, United States Code, and
deposited under this heading in fiscal year 2021 pursuant to section
309 of title III of division C of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) are appropriated, to
remain available until expended, for mercury storage costs.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$821,583,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$21,284,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 35 passenger motor vehicles
for replacement only, $7,050,000,000 (increased by $5,000,000) (reduced
by $25,000,000) (increased by $25,000,000) (reduced by $7,000,000)
(increased by $7,000,000), to remain available until expended:
Provided, That of such amount, $188,000,000 shall be available until
September 30, 2022, for program direction.
Nuclear Waste Disposal
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97-425, as amended, including interim
storage activities, $27,500,000, to remain available until expended, of
which $7,500,000 shall be derived from the Nuclear Waste Fund.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $435,000,000, to remain available until expended:
Provided, That of such amount, $37,000,000 shall be available until
September 30, 2022, for program direction.
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses of the Title 17 Innovative Technology
Loan Guarantee Program, as authorized, $32,000,000 is appropriated, to
remain available until September 30, 2022: Provided further, That up
to $32,000,000 of fees collected in fiscal year 2021 pursuant to
section 1702(h) of the Energy Policy Act of 2005 shall be credited as
offsetting collections under this heading and used for necessary
administrative expenses in this appropriation and shall remain
available until September 30, 2022: Provided further, That to the
extent that fees collected in fiscal year 2021 exceed $32,000,000,
those excess amounts shall be credited as offsetting collections under
this heading and available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided further, That the
sum herein appropriated from the general fund shall be reduced (1) as
such fees are received during fiscal year 2021 (estimated at
$3,000,000) and (2) to the extent that any remaining general fund
appropriations can be derived from fees collected in previous fiscal
years that are not otherwise appropriated, so as to result in a final
fiscal year 2021 appropriation from the general fund estimated at $0:
Provided further, That the Department of Energy shall not subordinate
any loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10 of
title 10, Code of Federal Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2022.
Tribal Energy Loan Guarantee Program
For Department of Energy administrative expenses necessary in
carrying out the Tribal Energy Loan Guarantee Program, $2,000,000, to
remain available until September 30, 2022.
Office of Indian Energy Policy and Programs
For necessary expenses for Indian Energy activities in carrying out
the purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), $22,250,000, to remain available until expended:
Provided, That, of the amount appropriated under this heading,
$5,000,000 shall be available until September 30, 2022, for program
direction.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$252,378,000 (reduced by $3,100,000) (reduced by $5,000,000) (reduced
by $5,000,000) (reduced by $1,000,000) (increased by $1,000,000)
(reduced by $2,000,000) (reduced by $5,000,000) (reduced by
$1,000,000), to remain available until September 30, 2022, including
the hire of passenger motor vehicles and official reception and
representation expenses not to exceed $30,000, plus such additional
amounts as necessary to cover increases in the estimated amount of cost
of work for others notwithstanding the provisions of the Anti-
Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases
in cost of work are offset by revenue increases of the same or greater
amount: Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $93,378,000 in fiscal year
2021 may be retained and used for operating expenses within this
account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2021 appropriation from the general fund estimated at not more than
$159,000,000.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$57,739,000, to remain available until September 30, 2022.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one aircraft, one ambulance, and two passenger buses for
replacement only, $13,659,617,000 (reduced by $1,000,000) (increased by
$1,000,000), to remain available until expended: Provided, That of
such amount, $123,684,000 shall be available until September 30, 2022,
for program direction.
Defense Nuclear Nonproliferation
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $2,240,000,000, to
remain available until expended.
Naval Reactors
(including transfer of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,684,000,000,
to remain available until expended, of which, $91,000,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of such
amount, $53,700,000 shall be available until September 30, 2022, for
program direction.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $454,000,000, to remain
available until September 30, 2022, including official reception and
representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, and the purchase of
not to exceed one passenger minivan for replacement only,
$6,321,000,000 (increased by $10,000,000) (reduced by $10,000,000), to
remain available until expended: Provided, That of such amount,
$282,093,000 shall be available until September 30, 2022, for program
direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental
cleanup activities for Department of Energy contributions for uranium
enrichment decontamination and decommissioning activities,
$821,583,000, to be deposited into the Defense Environmental Cleanup
account which shall be transferred to the ``Uranium Enrichment
Decontamination and Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $942,300,000, to remain available until expended: Provided,
That of such amount, $346,833,000 shall be available until September
30, 2022, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2021, no new direct loan
obligations may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $7,246,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act
of 1944, up to $7,246,000 collected by the Southeastern Power
Administration from the sale of power and related services shall be
credited to this account as discretionary offsetting collections, to
remain available until expended for the sole purpose of funding the
annual expenses of the Southeastern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2021 appropriation estimated at not more
than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to
$52,000,000 collected by the Southeastern Power Administration pursuant
to the Flood Control Act of 1944 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), as applied to the Southwestern Power
Administration, $47,540,000, to remain available until expended:
Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the
Flood Control Act of 1944 (16 U.S.C. 825s), up to $37,140,000 collected
by the Southwestern Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Southwestern Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2021 appropriation
estimated at not more than $10,400,000: Provided further, That
notwithstanding 31 U.S.C. 3302, up to $15,000,000 collected by the
Southwestern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $259,126,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $259,126,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $169,754,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the
sole purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2021 appropriation
estimated at not more than $89,372,000, of which $89,372,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $172,000,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections,
to remain available until expended for the sole purpose of making
purchase power and wheeling expenditures: Provided further, That for
purposes of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $5,776,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954
(68 Stat. 255): Provided, That notwithstanding the provisions of that
Act and of 31 U.S.C. 3302, up to $5,548,000 collected by the Western
Area Power Administration from the sale of power and related services
from the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until
expended for the sole purpose of funding the annual expenses of the
hydroelectric facilities of these Dams and associated Western Area
Power Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2021 appropriation estimated at not more than $228,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they
are incurred: Provided further, That for fiscal year 2021, the
Administrator of the Western Area Power Administration may accept up to
$1,526,000 in funds contributed by United States power customers of the
Falcon and Amistad Dams for deposit into the Falcon and Amistad
Operating and Maintenance Fund, and such funds shall be available for
the purpose for which contributed in like manner as if said sums had
been specifically appropriated for such purpose: Provided further,
That any such funds shall be available without further appropriation
and without fiscal year limitation for use by the Commissioner of the
United States Section of the International Boundary and Water
Commission for the sole purpose of operating, maintaining, repairing,
rehabilitating, replacing, or upgrading the hydroelectric facilities at
these Dams in accordance with agreements reached between the
Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
U.S.C. 3109, official reception and representation expenses not to
exceed $3,000, and the hire of passenger motor vehicles, $404,350,000
(reduced by $3,000,000) (increased by $3,000,000), to remain available
until expended: Provided, That notwithstanding any other provision of
law, not to exceed $404,350,000 of revenues from fees and annual
charges, and other services and collections in fiscal year 2021 shall
be retained and used for expenses necessary in this account, and shall
remain available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues are
received during fiscal year 2021 so as to result in a final fiscal year
2021 appropriation from the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfers of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees on
Appropriations of both Houses of Congress at least 3 full business days
in advance, none of the funds made available in this title may be used
to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other
Transaction Agreement totaling $1,000,000 or more, including a
contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) The Secretary of Energy shall submit directly to the Committees
on Appropriations of both Houses of Congress within 15 days of the
conclusion of each quarter a report detailing each grant allocation or
discretionary grant award totaling less than $1,000,000 provided during
the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'',
enter into a multiyear contract, award a multiyear grant, or enter into
a multiyear cooperative agreement unless--
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government's obligation on
the availability of future year budget authority and the
Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by
law for the programs, projects, and activities specified in the
``Bill'' column in the ``Department of Energy'' table included under
the heading ``Title III--Department of Energy'' in the report of the
Committee on Appropriations accompanying this Act.
(e) The amounts made available by this title may be reprogrammed
for any program, project, or activity, and the Department shall notify
the Committees on Appropriations of both Houses of Congress at least 30
days prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or decrease
by more than $5,000,000 or 10 percent, whichever is less, during the
time period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project,
or activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement or
restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2021 until the enactment of the Intelligence
Authorization Act for fiscal year 2021.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight
is conducted by the Office of Enterprise Assessments to ensure the
project is in compliance with nuclear safety requirements.
Sec. 304. None of the funds made available in this title may be
used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental
guidance, for construction projects where the total project cost
exceeds $100,000,000, until a separate independent cost estimate has
been developed for the project for that critical decision.
Sec. 305. Notwithstanding section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241), upon a determination by the
President in this fiscal year that a regional supply shortage of
refined petroleum product of significant scope and duration exists,
that a severe increase in the price of refined petroleum product will
likely result from such shortage, and that a draw down and sale of
refined petroleum product would assist directly and significantly in
reducing the adverse impact of such shortage, the Secretary of Energy
may draw down and sell refined petroleum product from the Strategic
Petroleum Reserve. Proceeds from a sale under this section shall be
deposited into the SPR Petroleum Account established in section 167 of
the Energy Policy and Conservation Act (42 U.S.C. 6247), and such
amounts shall be available for obligation, without fiscal year
limitation, consistent with that section.
Sec. 306. (a) Of the offsetting collections, including unobligated
balances of such collections, in the ``Department of Energy--Power
Marketing Administration--Colorado River Basins Power Marketing Fund,
Western Area Power Administration'', $21,400,000 shall be transferred
to the ``Department of the Interior--Bureau of Reclamation--Upper
Colorado River Basin Fund'' for the Bureau of Reclamation to carry out
environmental stewardship and endangered species recovery efforts.
(b) No funds shall be transferred directly from ``Department of
Energy--Power Marketing Administration--Colorado River Basins Power
Marketing Fund, Western Area Power Administration'' to the general fund
of the Treasury in the current fiscal year.
Sec. 307. (a) None of the funds made available in this Act or any
other Act for any fiscal year may be used to take an action described
in subsection (b) unless--
(1) the Secretary of Energy submits a written notification
to the Committees on Appropriations of both Houses of Congress
regarding such action, including--
(A) a detailed justification and information about
the assumptions underlying such action; and
(B) with respect to an action described in
paragraph (1) or (3) of such subsection--
(i) a preliminary cost range for the
nuclear weapon program affected by such action;
(ii) the estimated costs for such program
during the 5-year period following the
notification; and
(iii) the source and amount of funds for
such action by program, project, or activity
level; and
(2) a period of 15 business days elapses following the date
of such notification.
(b) An action described in this subsection is any of the following:
(1) Approving the development of a new nuclear weapon or
the modification of a nuclear weapon, including as described in
section 179(d)(8) of title 10, United States Code.
(2) Studying whether to develop a new or modified nuclear
weapon.
(3) Changing the scope of a nuclear weapon program if such
change modifies the cost of such program by $300,000,000 or
more.
Sec. 308. None of the funds made available by this Act or any
other Act making appropriations for energy and water development and
related agencies for any fiscal year may be used to conduct, or make
specific preparations for, any explosive nuclear weapons test that
produces any yield.
Sec. 309. None of the funds made available by this Act or any
other Act making appropriations for energy and water development and
related agencies may be used in furtherance of working through the
Nuclear Weapons Council to guide, advise, assist, develop, or execute a
budget for the National Nuclear Security Administration.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, as amended,
notwithstanding 40 U.S.C. 14704, and for expenses necessary for the
Federal Co-Chairman and the Alternate on the Appalachian Regional
Commission, for payment of the Federal share of the administrative
expenses of the Commission, including services as authorized by section
3109 of title 5, United States Code, and hire of passenger motor
vehicles, $175,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $31,000,000, to
remain available until September 30, 2022.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to
carry out its activities, as authorized by the Delta Regional Authority
Act of 2000, notwithstanding sections 382F(d), 382M, and 382N of said
Act, $15,000,000, to remain available until expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g)
of the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title
III, Public Law 105-277), as amended by section 701 of appendix D,
title VII, Public Law 106-113 (113 Stat. 1501A-280), and an amount not
to exceed 50 percent for non-distressed communities: Provided further,
That notwithstanding any other provision of law regarding payment of a
non-Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such a non-
Federal share for programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $25,000,000, to remain available until expended:
Provided, That such amounts shall be available for administrative
expenses, notwithstanding section 15751(b) of title 40, United States
Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $1,000,000, to remain available until expended.
Southwest Border Regional Commission
For expenses necessary for the Southwest Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $849,900,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $9,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2022,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the
Commission: Provided further, That revenues from licensing fees,
inspection services, and other services and collections estimated at
$729,293,000 in fiscal year 2021 shall be retained and used for
necessary salaries and expenses in this account, notwithstanding 31
U.S.C. 3302, and shall remain available until expended: Provided
further, That of the amounts appropriated under this heading,
$10,500,000 shall be for university research and development in areas
relevant to the Commission's mission, and $5,500,000 shall be for a
Nuclear Science and Engineering Grant Program that will support multi-
year projects that do not align with programmatic missions but are
critical to maintaining the discipline of nuclear science and
engineering: Provided further, That of the amounts appropriated under
this heading, $17,709,000 shall be for activities related to the
development of regulatory infrastructure for advanced nuclear
technologies, and $13,349,000 shall be for international activities,
except that the amounts provided under this proviso shall not be
derived from fee revenues: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received during
fiscal year 2021 so as to result in a final fiscal year 2021
appropriation estimated at not more than $120,607,000.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$13,499,000, to remain available until September 30, 2022: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $11,106,000 in fiscal year 2021
shall be retained and be available until September 30, 2022, for
necessary salaries and expenses in this account, notwithstanding
section 3302 of title 31, United States Code: Provided further, That
the sum herein appropriated shall be reduced by the amount of revenues
received during fiscal year 2021 so as to result in a final fiscal year
2021 appropriation estimated at not more than $2,393,000: Provided
further, That of the amounts appropriated under this heading,
$1,206,000 shall be for Inspector General services for the Defense
Nuclear Facilities Safety Board.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100-203, section 5051, $3,600,000,
to be derived from the Nuclear Waste Fund, to remain available until
September 30, 2022.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The Nuclear Regulatory Commission shall comply with the
July 5, 2011, version of Chapter VI of its Internal Commission
Procedures when responding to Congressional requests for information,
consistent with Department of Justice guidance for all Federal
agencies.
Sec. 402. (a) The amounts made available by this title for the
Nuclear Regulatory Commission may be reprogrammed for any program,
project, or activity, and the Commission shall notify the Committees on
Appropriations of both Houses of Congress at least 30 days prior to the
use of any proposed reprogramming that would cause any program funding
level to increase or decrease by more than $500,000 or 10 percent,
whichever is less, during the time period covered by this Act.
(b)(1) The Nuclear Regulatory Commission may waive the notification
requirement in subsection (a) if compliance with such requirement would
pose a substantial risk to human health, the environment, welfare, or
national security.
(2) The Nuclear Regulatory Commission shall notify the Committees
on Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days after
the date of the activity to which a requirement or restriction would
otherwise have applied. Such notice shall include an explanation of the
substantial risk under paragraph (1) that permitted such waiver and
shall provide a detailed report to the Committees of such waiver and
changes to funding levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ``Nuclear Regulatory
Commission--Salaries and Expenses'' shall be expended as directed in
the report of the Committee on Appropriations accompanying this Act.
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through a
reprogramming of funds that increases funds or personnel for any
program, project, or activity for which funds are denied or restricted
by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. None of the funds appropriated by this Act may be used
in any way, directly or indirectly, to influence congressional action
on any legislation or appropriation matters pending before Congress,
other than to communicate to Members of Congress as described in 18
U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the report of the
Committee on Appropriations accompanying this Act, or any authority
whereby a department, agency, or instrumentality of the United States
Government may provide goods or services to another department, agency,
or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced
in the report of the Committee on Appropriations accompanying this Act,
or any authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to another
department, agency, or instrumentality.
(c) The head of any relevant department or agency funded in this
Act utilizing any transfer authority shall submit to the Committees on
Appropriations of both Houses of Congress a semiannual report detailing
the transfer authorities, except for any authority whereby a
department, agency, or instrumentality of the United States Government
may provide goods or services to another department, agency, or
instrumentality, used in the previous 6 months and in the year-to-date.
This report shall include the amounts transferred and the purposes for
which they were transferred, and shall not replace or modify existing
notification requirements for each authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
TITLE VI
ADDITIONAL INFRASTRUCTURE INVESTMENTS
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'', $110,000,000, to
remain available until expended, for necessary expenses related to the
completion, or initiation and completion, of studies which are
currently authorized or which are authorized after the date of
enactment of this Act: Provided, That the Secretary may initiate
additional new project starts with funds provided in this paragraph,
without regard to other limitations in this Act: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
construction
For an additional amount for ``Construction'', $10,000,000,000, to
remain available until expended, of which not less than $500,000,000
shall be for water-related environmental infrastructure assistance and
$3,000,000,000 shall be for inland waterways projects: Provided, That
section 102 of Public Law 109-103 (33 U.S.C. 2221) shall not apply to
funds provided in this paragraph: Provided further, That
notwithstanding any other provision of law, section 102 of the Water
Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2212)
shall not apply to funds provided in this paragraph: Provided further,
That the Secretary may initiate additional new construction starts with
funds provided in this paragraph without regard to section 110 of this
Act: Provided further, That the limitation concerning total project
costs in section 902 of the Water Resources Development Act of 1986
(Public Law 99-662; 33 U.S.C. 2280), as amended, shall not apply to any
project receiving funds provided in this paragraph: Provided further,
That funds appropriated in this paragraph may be used by the Secretary
of the Army, acting through the Chief of Engineers, to undertake work
authorized to be carried out in accordance with section 14 of the Flood
Control Act of 1946 (33 U.S.C. 701r), section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s), section 206 of the Water Resources
Development Act of 1996 (Public Law 104-303; 33 U.S.C. 2330), or
section 1135 of the Water Resources Development Act of 1986 (Public Law
99-662; 33 U.S.C. 2309a), notwithstanding the program cost limitations
set forth in those sections: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries'',
$875,000,000, to remain available until expended, of which $150,000,000
shall be used for necessary expenses to address emergency situations at
Corps of Engineers Federal projects caused by natural disasters:
Provided, That the Secretary may initiate additional new study starts
and additional new construction starts with funds provided under this
paragraph without regard to other limitations in this Act: Provided
further, That the limitation concerning total project costs in section
902 of the Water Resources Development Act of 1986 (Public Law 99-662;
33 U.S.C. 2280), as amended, shall not apply to any project receiving
funds provided in this paragraph: Provided further, That funds provided
in this paragraph may not be used to update the final determination 73
Fed. Reg. 54398 (September 19, 2008) or to construct or provide for the
construction of ``Alternative 5'' as described in the Reformulation
Main Report and Final Supplemental Environmental Impact Statement
released by the Corps of Engineers in November 2007: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
operation and maintenance
For an additional amount for ``Operation and Maintenance'',
$5,000,000,000, to remain available until expended, of which
$655,000,000 shall be used for necessary expenses to dredge Federal
navigation projects in response to, and repair damages to Corps of
Engineers Federal projects caused by, natural disasters: Provided, That
section 9006 of the Water Resources Development Act of 2007 (Public Law
110-114; 33. U.S.C. 3305) shall not apply to funds provided in this
paragraph: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
regulatory program
For an additional amount for ``Regulatory Program'', $50,000,000,
to remain available until expended, for expenses necessary to carry out
the administration of laws pertaining to regulation of navigable waters
and wetlands: Provided, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
formerly utilized sites remedial action program
For an additional amount for ``Formerly Utilized Sites Remedial
Action Program'', $500,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', $415,000,000, to remain available until expended, for
necessary expenses to prepare for flood, hurricane, and other natural
disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law:
Provided, That funding utilized for authorized shore protection
projects shall restore such projects to the full project profile at
full Federal expense: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
expenses
For an additional amount for ``Expenses'', $50,000,000, to remain
available until expended, for necessary expenses to administer and
oversee the obligation and expenditure of amounts provided in this
title for the Corps of Engineers: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
(including transfers of funds)
For an additional amount for ``Water and Related Resources'',
$3,000,000,000, to remain available until expended, of which--
(1) $50,000,000 shall be for water reclamation and reuse
projects authorized under title XVI of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575);
(2) not less than $300,000,000 shall be for WaterSMART
grants;
(3) not less than $200,000,000 shall be for construction
activities, for which the Federal share of the cost shall not
be more than 50 percent and for which the non-Federal share of
not less than 50 percent may be provided in cash or in-kind,
related to projects found to be feasible by the Secretary of
the Interior and which are ready to initiate for the repair of
critical Reclamation canals where operational conveyance
capacity has been seriously impaired by factors such as age or
land subsidence, focusing on those that would imminently
jeopardize Reclamation's ability to meet water delivery
obligations;
(4) not less than $605,000,000 shall be used for titles
III, IV, V, and VI of the Claims Resolution Act of 2010 (Public
Law 111-291), as amended, title III, subtitle G of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322), title X, subtitle B, part III of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11), and the Arizona
Water Settlements Act (Public Law 108-451), as amended;
(5) not less than $100,000,000 shall be used for rural
water projects and shall include water intake and treatment
facilities of such projects;
(6) $100,000,000 shall be for Environmental Restoration and
Compliance;
(7) $8,500,000 shall be for activity associated with
emergency remediation or repair of any Reclamation facility
which has had a failure or there is imminent threat of failure
in 2020, in order to restore and maintain water deliveries for
irrigation;
(8) $100,000,000 shall be transferred to the Department of
the Interior for programs, projects, and activities authorized
by the Central Utah Project Completion Act (titles II-V of
Public Law 102-575), of which $1,300,000 shall be transferred
to the ``Central Utah Project Completion Account'' for use by
the Utah Reclamation and Mitigation and Conservation Commission
for emergency assistance;
(9) $250,000,000 shall be for programs, projects, and
activities authorized by the Central Valley Project Improvement
Act (Public Law 102-575);
(10) $250,000,000 shall be for programs, projects, and
activities authorized by title I of the California Bay-Delta
Restoration Act (Public Law 108-361), as amended; and
(11) $200,000,000 shall be for Section 10004 of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11):
Provided, That funds provided under this heading in this title may not
be used for the Shasta Dam and Reservoir Enlargement Project: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF ENERGY
Energy Efficiency and Renewable Energy
For an additional amount for ``Energy Efficiency and Renewable
Energy'', $7,780,000,000 (increased by $25,000,000) (increased by
$250,000,000) (increased by $25,000,000) (increased by $250,000,000),
to remain available until expended, of which--
(1) $3,000,000,000 (increased by $250,000,000) shall be for
the Weatherization Assistance Program under part A of title IV
of the Energy Conservation and Production Act (Public Law 94-
385; 42 U.S.C. 6861 et seq.), of which $300,000,000 shall be
for enhancements and innovation as described in section 603 of
this Act, and $2,000,000 (increased by $3,000,000) shall be for
training and technical assistance to strengthen and increase
weatherization apprenticeship pathways;
(2) $730,000,000 shall be for the State Energy Program
authorized under part D of title III of the Energy Policy and
Conservation Act (Public Law 94-163; 42 U.S.C. 6321 et seq.);
(3) $2,000,000,000 (increased by $250,000,000) shall be for
Energy Efficiency and Conservation Block Grants for
implementation of programs authorized under subtitle E of title
V of the Energy Independence and Security Act of 2007 (Public
Law 110-140; 42 U.S.C. 17151 et seq.), of which $1,500,000,000
(increased by $250,000,000) is available through the formula in
subtitle E;
(4) $1,000,000,000 (increased by $25,000,000) shall be for
the Vehicles Technologies Office to develop electric and
alternative vehicle infrastructure;
(5) $500,000,000 shall be for the Advanced Manufacturing
Office, of which--
(A) $250,000,000 shall be for battery supply chain
support;
(B) $125,000,000 shall be for a grant program to
improve energy efficiency at water and wastewater
plants; and
(C) $125,000,000 shall be for a domestic
manufacturing conversion grant program authorized under
section 132 of subtitle B in title I of the Energy
Independence and Security Act of 2007 (Public Law 110-
140; 42 U.S.C. 17011 et seq.);
(6) $200,000,000 (increased by $25,000,000) shall be for
grants to deploy solar and distributed energy systems in low-
income and underserved communities, for which no cost share is
required;
(7) $100,000,000 shall be for the Hydrogen and Fuel Cell
Technologies Office for H2@Scale demonstration and deployment
activities related to hydrogen production, storage, transport,
and infrastructure;
(8) $230,000,000 shall be for facilities and
infrastructure; and
(9) $20,000,000 shall be for program direction:
Provided, That funds provided under this heading in this title may not
be used for any activities related to the Energy Materials and
Processing at Scale Research Facility: Provided further, That
notwithstanding section 3304 of title 5, United States Code, and
without regard to the provisions of sections 3309 through 3318 of such
title 5, the Secretary of Energy, upon a determination that there is a
severe shortage of candidates or a critical hiring need for particular
positions to carry out the activities funded under this heading in this
title, may from within the funds provided under this heading in this
title, recruit and directly appoint highly qualified individuals into
the competitive service: Provided further, That such authority shall
not apply to positions in the Excepted Service or the Senior Executive
Service: Provided further, That any action authorized herein shall be
consistent with the merit principles of section 2301 of such title 5,
and the Department shall comply with the public notice requirements of
section 3327 of such title 5: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Electricity
For an additional amount for ``Electricity'', $3,350,000,000, to
remain available until expended, for necessary expenses related to grid
modernization programs, of which--
(1) $2,000,000,000 shall be for grants and demonstrations
to enhance the resilience, reliability, and energy security of
electric infrastructure, to improve preparedness and
restoration time to mitigate power disturbances, to continue
delivery of power to critical facilities and electricity-
dependent essential services, to enhance regional grid
resilience, and to facilitate greater incorporation of
renewable energy generation;
(2) $56,500,000 shall be for construction of the Grid
Storage Launchpad;
(3) $500,000,000 shall be for energy storage demonstration
projects across a portfolio of technologies and approaches; and
(4) not less than $770,500,000 shall be for grants to
manufacturers in the United States for the manufacturing of
advanced batteries and components:
Provided, That the Secretary shall ensure regional diversity among
eligible entities that receive the funds for grants, technical
assistance, and demonstrations provided under this heading in this
title: Provided further, That funds provided for these activities shall
not be subject to cost share requirements for State, local, and other
government recipients: Provided further, That notwithstanding section
3304 of title 5, United States Code, and without regard to the
provisions of sections 3309 through 3318 of such title 5, the Secretary
of Energy, upon a determination that there is a severe shortage of
candidates or a critical hiring need for particular positions to carry
out the activities funded under this heading in this title, may from
within the funds provided under this heading in this title, recruit and
directly appoint highly qualified individuals into the competitive
service: Provided further, That such authority shall not apply to
positions in the Excepted Service or the Senior Executive Service:
Provided further, That any action authorized herein shall be consistent
with the merit principles of section 2301 of such title 5, and the
Department shall comply with the public notice requirements of section
3327 of such title 5: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Nuclear Energy
For an additional amount for ``Nuclear Energy'', $1,250,000,000, to
remain available until expended, of which--
(1) $700,000,000 shall be for the Advanced Reactor
Demonstration Program;
(2) not less than $192,300,000 shall be for the Advanced
Small Modular Reactor program: Provided, That the cost share
for any demonstration project shall be up to 50 percent from
the Department and not less than 50 percent from non-federal
sources: Provided further, That any demonstration project must
meet the following criteria:
(A) technical feasibility that the demonstration
can be operational in 5 to 7 years;
(B) likelihood that the design can be licensed for
safe operations by the Nuclear Regulatory Commission;
(C) use of certified fuel design or demonstration
of a clear path to certification within 5 to 7 years;
(D) affordability of the design for full-scale
construction and cost of electricity generation;
(E) ability of the team to provide its portion of
the cost share; and
(F) technical abilities and qualifications of teams
desiring to demonstrate a proposed advanced nuclear
reactor technology;
(3) $100,000,000 shall be for integrated hydrogen-nuclear
demonstration projects;
(4) $66,000,000 shall be for construction of the Sample
Preparation Laboratory;
(5) $61,700,000 shall be for Materials and Fuels Complex
Plant Health Investments; and
(6) $125,000,000 shall be for Advanced Test Reactor
Recapitalization:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Fossil Energy Research and Development
For an additional amount for ``Fossil Energy Research and
Development'', $1,250,000,000, to remain available until expended, of
which--
(1) $750,000,000 shall be for a carbon capture and
utilization technology commercialization program to improve the
efficiency, effectiveness, cost, and environmental performance
of fossil fuel-fired facilities, including the industrial
sector, through front end engineering design, commercial
demonstration of advanced carbon capture technology projects,
commercial demonstration of direct air capture technology
projects, and commercialization projects of large-scale carbon
dioxide storage sites in saline geological formations,
including activities exploring, categorizing, and developing
storage sites and necessary pipeline infrastructure;
(2) not less than $239,500,000 shall be for demonstrations
of negative emissions technologies;
(3) $23,000,000 shall be for Joule 2 and Joule 3;
(4) $25,000,000 shall be for the Computational Science and
Engineering Center;
(5) $25,000,000 shall be for the Extreme Condition Reactive
Fluids Lab;
(6) $25,000,000 shall be for the Materials and Minerals
Characterization Center;
(7) $25,000,000 shall be for the Combustion Development
Facility;
(8) $25,000,000 shall be for the Direct Air Capture Center;
(9) $20,000,000 shall be for the Center for Data Analytics
and Machine Learning;
(10) $15,000,000 shall be for the Advanced Alloy
Development Facility;
(11) $15,000,000 shall be for the Carbon Utilization
Center;
(12) $15,000,000 shall be for the Scale-up Phenomena
Laboratory;
(13) $10,000,000 shall be for Materials Engineering
Manufacturing laboratory upgrades;
(14) $9,500,000 shall be for NETL campus infrastructure
utilities;
(15) $8,000,000 shall be for the Geological Environmental
Science Center;
(16) $6,000,000 shall be for Cross Cutting Research and
Innovation Center laboratory renovations; and
(17) $4,000,000 shall be for demolition of excess and aging
infrastructure:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Non-Defense Environmental Cleanup
For an additional amount for ``Non-Defense Environmental Cleanup'',
$200,000,000, to remain available until expended, of which--
(1) $50,500,000 shall be for the Moab Uranium Mill Tailings
Remedial Action Project;
(2) $48,000,000 shall be for the Energy Technology
Engineering Center;
(3) $45,500,000 shall be for Lawrence Berkeley National
Laboratory; and
(4) $56,000,000 shall be for the West Valley Demonstration
Project:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for ``Uranium Enrichment Decontamination
and Decommissioning Fund'', $240,000,000, to remain available until
expended, for necessary expenses related to cleanup of uranium gaseous
diffusion plants, of which $120,000,000 shall be for the Portsmouth
Gaseous Diffusion Plant Site and $120,000,000 shall be for the Paducah
Gaseous Diffusion Site: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Science
For an additional amount for ``Science'', $6,250,000,000, to remain
available until expended, for necessary expenses related to scientific
infrastructure, of which--
(1) $340,000,000 shall be for procurement of the exascale
systems at the Argonne Leadership Computing Facility;
(2) $332,000,000 shall be for procurement of the exascale
systems at the Oak Ridge Leadership Computing Facility;
(3) $75,000,000 shall be for equipment and infrastructure
for the Quantum Information Science Research Centers;
(4) $100,000,000 shall be for existing advanced computing
systems at the Leadership Computing Facilities;
(5) $20,000,000 shall be for power upgrades at the National
Energy Research Scientific Computing Center;
(6) $4,530,000 shall be for the Exascale Computing Project;
(7) $2,250,000 shall be for ESnet;
(8) $1,500,000 shall be for National Energy Research
Scientific Computing Center 9 infrastructure;
(9) $1,300,000 shall be for the Argonne Leadership
Computing Facility;
(10) $700,000 shall be for the Oak Ridge Leadership
Computing Facility;
(11) $50,000,000 shall be for Environmental Molecular
Sciences Laboratory equipment upgrades;
(12) $50,000,000 shall be for Joint Genome Institute
equipment upgrades;
(13) $50,000,000 shall be for Atmospheric Radiation
Measurement User Facility fixed and mobile sites equipment
upgrades;
(14) $214,000,000 shall be for the Linac Coherent Light
Source-II-High Energy;
(15) $207,300,000 shall be for the Spallation Neutron
Source Second Target Station;
(16) $200,000,000 shall be for Ames main building
modernization;
(17) $170,000,000 shall be for the Advanced Light Source
Upgrade;
(18) $151,000,000 shall be for the Advanced Photon Source
Upgrade;
(19) $91,200,000 shall be for the Spallation Neutron Source
Proton Power Upgrade;
(20) $75,000,000 shall be for the Linac Coherent Light
Source-II;
(21) $73,000,000 shall be for the Cryomodule Repair &
Maintenance Facility;
(22) $60,000,000 shall be for Nanoscale Science Research
Centers Recapitalization;
(23) $59,500,000 shall be for NSLS-II Experimental Tools-
II;
(24) $65,000,000 shall be for ITER;
(25) $110,000,000 shall be for the Matter in Extreme
Conditions Upgrade;
(26) $134,254,000 shall be for Materials Plasma Exposure
experiment equipment;
(27) $641,000,000 shall be for Long Baseline Neutrino
Facility;
(28) $284,380,000 shall be for the Proton Improvement Plan
II;
(29) $200,300,000 shall be for Large Hadron Collider
computing and equipment;
(30) $100,000,000 shall be for Wilson Hall renovations;
(31) $62,000,000 shall be for Cosmic Microwave Background--
Stage 4;
(32) $9,000,000 shall be for Muon to Electron Conversion
Experiment equipment;
(33) $6,000,000 shall be for Super Cryogenic Dark Matter
Search equipment;
(34) $2,100,000 shall be for the Large Synoptic Survey
Telescope project;
(35) $448,200,000 shall be for the Electron Ion Collider;
(36) $202,900,000 shall be for the U.S. Stable Isotope
Production and Research Center;
(37) $145,500,000 shall be for Ton Scale Neutrinoless
Double Beta Decay equipment;
(38) $87,000,000 shall be for the High Rigidity
Spectrometer;
(39) $45,000,000 shall be for isotope capabilities at the
Facility for Rare Isotope Beams;
(40) $43,100,000 shall be for Measurement of a Lepton-
Lepton Electroweak Reaction equipment;
(41) $39,100,000 shall be for the Gamma-Ray Energy Tracking
Array;
(42) $2,400,000 shall be for Super Pioneering High Energy
Nuclear Interaction Experiment equipment;
(43) $1,000,000 shall be for Facility for Rare Isotope
Beams construction;
(44) $77,000,000 shall be for the Utilities Infrastructure
Project;
(45) $65,000,000 shall be for the ORNL Infrastructure
Improvements project;
(46) $63,000,000 shall be for the Linear Assets
Modernization Project;
(47) $211,036,000 shall be for General Plant Projects;
(48) $73,000,000 shall be for the Argonne Utilities Upgrade
project;
(49) $107,000,000 shall be for the Critical Utilities
Infrastructure Revitalization project;
(50) $52,000,000 shall be for the Critical Utilities
Rehabilitation Project;
(51) $83,750,000 shall be for the BioEPIC Building;
(52) $59,000,000 shall be for the Princeton Plasma
Innovation Center;
(53) $70,000,000 shall be for CEBAF Renovation and
Expansion;
(54) $59,500,000 shall be for the Critical Infrastructure
Recovery and Renewal project;
(55) $75,400,000 shall be for the Seismic and Safety
Modernization project;
(56) $50,000,000 shall be for the Craft Resource Facility;
(57) $45,000,000 shall be for the Large Scale Collaboration
Center;
(58) $43,000,000 shall be for the Science User Support
Center;
(59) $39,750,000 shall be for the Translational Research
Capacity construction project;
(60) $28,000,000 shall be for the Ames Infrastructure
Modernization project;
(61) $5,750,000 shall be for the Energy Sciences Capability
project;
(62) $5,500,000 shall be for the Integrated Engineering
Research Center;
(63) $1,400,000 shall be for Tritium System Demolition and
Disposal;
(64) $1,300,000 shall be for the Core Facility
Revitalization construction project;
(65) $1,000,000 shall be for the Electrical Capacity and
Distribution Capability project;
(66) $65,000,000 shall be for the TJNAF Infrastructure
Improvement project; and
(67) $12,100,000 shall be for addressing Office of Science
cybersecurity infrastructure deficiencies:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Advanced Research Projects Agency--Energy
For an additional amount for ``Advanced Research Projects Agency--
Energy'', $250,000,000, to remain available until expended, for
necessary expenses for demonstration projects: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Office of Indian Energy Policy and Programs
For an additional amount for ``Office of Indian Energy Policy and
Programs'', $150,000,000, to remain available until expended, for
necessary expenses for the development and deployment of energy
infrastructure on Indian lands that results in the reduction of energy
costs, assistance in economic development, and electrification in
Tribal communities: Provided, That such funds shall not be subject to
cost share requirements: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$20,000,000, to remain available until expended, for necessary expenses
of the Office of the Inspector General in carrying out the provisions
of the Inspector General Act of 1978 (Public Law 95-452), as amended,
and for providing oversight of the funds provided for the Department of
Energy in this title: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Defense Environmental Cleanup
For an additional amount for ``Defense Environmental Cleanup'',
$2,685,000,000, to remain available until expended, of which--
(1) $941,000,000 shall be for the Hanford Site, of which--
(A) $350,000,000 shall be for site infrastructure
upgrades;
(B) $230,000,000 shall be for tank farm
infrastructure;
(C) $175,000,000 shall be for Area 105 K West Basin
disposition;
(D) $71,000,000 shall be for Area 300/296 Waste
Site remediation;
(E) $50,000,000 shall be for River Corridor
decontamination and decommissioning;
(F) $35,000,000 shall be for tank farm evaporator
upgrades; and
(G) $30,000,000 shall be for A/AX farms single
shell tank retrievals;
(2) $711,000,000 shall be for the Savannah River Site, of
which--
(A) $200,000,000 shall be for H Canyon Basin
Dewatering Project;
(B) $140,000,000 shall be for building 235-F
decontamination and decommissioning;
(C) $82,000,000 shall be for utilities system
upgrades;
(D) $75,000,000 shall be for roads and related
infrastructure;
(E) $75,000,000 shall be for critical spares and
infrastructure at the Defense Waste Processing
Facility;
(F) $60,000,000 shall be for Separations
Engineering Development decontamination and
decommissioning;
(G) $32,000,000 shall be for Salt Disposal Units 8-
12;
(H) $25,000,000 shall be for the Nuclear Materials
Storage Vault; and
(I) $22,000,000 shall be for Defense Waste
Processing Facility laboratory instruments and
computers;
(3) $375,000,000 shall be for the Waste Isolation Pilot
Plant, of which--
(A) $200,000,000 shall be for the Hoist Capability
Project;
(B) $90,000,000 shall be for the Safety Significant
Ventilation Confinement System;
(C) $55,000,000 shall be for shipping system
upgrades and shielded containers; and
(D) $30,000,000 shall be for underground combustion
fume reduction activities;
(4) $240,000,000 shall be for the Idaho Site, of which--
(A) $124,000,000 shall be for accelerated cleanup,
decontamination and decommissioning, and groundwater;
(B) $72,000,000 shall be for infrastructure
improvements,
(C) $24,000,000 shall be for shielded containers
and assay equipment; and
(D) $20,000,000 shall be for Idaho Nuclear
Technology and Engineering Center infrastructure;
(5) $140,000,000 shall be for the Oak Ridge Site, of
which--
(A) $90,000,000 shall be for Y-12 National Security
Complex and Oak Ridge National Laboratory excess
facilities decontamination and decommissioning;
(B) $30,000,000 shall be for liquid gaseous waste
operating facilities decontamination and
decommissioning; and
(C) $20,000,000 shall be for Transuranic Waste
Processing Center infrastructure;
(6) $170,000,000 shall be for Lawrence Livermore National
Laboratory excess facilities decontamination and
decommissioning;
(7) $58,000,000 shall be for Los Alamos excess facilities
decontamination and decommissioning; and
(8) $50,000,000 shall be for Los Alamos middle DP road site
investigation and remediation:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Defense Activities
For an additional amount for ``Other Defense Activities'',
$50,000,000, to remain available until expended, for necessary expenses
related to secure compartmented intelligence facility infrastructure
and IT modernization: Provided, That funds made available under this
paragraph for intelligence activities are deemed to be specifically
authorized by Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 3094): Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--ADDITIONAL INFRASTRUCTURE INVESTMENTS
Sec. 601. The heads of agencies funded under this title shall
submit a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation,
obligation, and expenditures of these funds, including new projects
selected to be initiated with funds provided in this title, beginning
not later than 45 days after the date of enactment of this Act.
Sec. 602. The Secretary of Energy shall, in consultation with the
Secretaries of Health and Human Services, Housing and Urban
Development, and Veterans Affairs, develop an inter-agency
collaboration effort to increase cross-participation in the Department
of Energy's Weatherization Assistance Program, the Department of Health
and Human Services Low Income Home Energy Assistance Program, the HUD
Lead Hazard Control and Healthy Homes Program, and the Department of
Veterans Affairs.
Sec. 603. The Secretary of Energy shall, within funds made
available in this title, distribute funds to WAP grantees via the
formula in part A of title IV of the Energy Conservation and Production
Act (Public Law 94-385; 42 U.S.C. 6861 et seq.), for the purpose of
innovative activities that will increase the number of dwelling units
that become weatherization-ready through critical repairs, promote the
deployment of renewable energy systems and emerging technologies,
include community-based weatherization concepts, and improve indoor
environments through healthy homes measures. Grantees may also use such
funds for innovative outreach and education, quality control of work
performed, data collection, measurement, verification, program
monitoring, oversight, evaluation, reporting, training, and planning
related to such work. Such funding is not subject to the savings-to-
investment ratio requirements in 10 CFR Sec. 440.21.
Sec. 604. (a) Section 415(c)(1) of the Energy Conservation and
Production Act (Public Law 94-385; 42 U.S.C. 6865(c)(1)) is amended by
striking ``$6,500'' and inserting ``$10,000''.
(b) Section 415(a)(1) of the Energy Conservation and Production Act
(Public Law 94-385; 42 U.S.C. 6865(a)(1)) is amended by striking ``10
percent'' and inserting ``12.5 percent''.
(c) Paragraph (2) of section 415(c) of the Energy Conservation and
Production Act (Public Law 94-385; 42 U.S.C. 6865(c)(2)) is amended to
read as follows: ``(2) Dwelling units weatherized (including dwelling
units partially weatherized) under this part, or under other Federal
programs (in this paragraph referred to as `previous weatherization'),
may not receive further financial assistance for weatherization under
this part until the date that is 15 years after the date such previous
weatherization was completed. This paragraph does not preclude dwelling
units that have received previous weatherization from receiving
assistance and services (including the provision of information and
education to assist with energy management and evaluation of the
effectiveness of installed weatherization materials) other than
weatherization under this part or under other Federal programs, or from
receiving non-Federal assistance for weatherization.''.
Sec. 605. (a) No later than 6 months after the date of enactment of
this Act, the Secretary of Energy, in coordination with the Secretary
of Commerce, shall--
(1) determine any geographic area within the contiguous
United States that lacks a Federal power marketing agency;
(2) develop a plan or criteria for the geographic areas
identified in paragraph (1) regarding investment in renewable
energy and associated infrastructure within an area identified
in paragraph (1); and
(3) identify any Federal agency within an area in paragraph
(1) that has, or could develop, the ability to facilitate the
investment in paragraph (2).
(b) The Secretary of Energy, in coordination with the Secretary of
Commerce, shall provide the determinations made under subsection (a) to
the Committee on Appropriations and the Committee on Energy and
Commerce of the House of Representatives.
(c) Based upon the determinations made pursuant to subsection (a),
the Secretary of Energy, in coordination with the Secretary of
Commerce, shall recommend to the Committee on Energy and Commerce of
the House of Representatives the establishment of any new Federal
lending authority, including authorization of additional lending
authority for existing Federal agencies, not to exceed $3,500,000,000
per geographic area identified in subsection (a)(1).
(d) There is hereby appropriated $25,000,000 to carry out this
section.
(e) The amounts provided by this section are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 606. (a) Requirements relating to non-Federal cost-share
grants and cooperative agreements for the Delta Regional Authority
under section 382D of the Agricultural Act of 1961 and Consolidated
Farm and Rural Development Act (7 U.S.C. 2009aa-3) are waived for
grants awarded in fiscal year 2020 and in subsequent years in response
to economic distress directly related to the impacts of the Coronavirus
Disease (COVID-19).
(b) Requirements relating to non-Federal cost-share grants and
cooperative agreements for the Northern Border Regional Commission
under section 15501(d) of title 40, United States Code, are waived for
grants awarded in fiscal year 2020 and in subsequent years in response
to economic distress directly related to the impacts of the Coronavirus
Disease (COVID-19).
(c) Requirements relating to non-Federal cost-share grants and
cooperative agreements for the Denali Commission are waived for grants
awarded in fiscal year 2020 and in subsequent years in response to
economic distress directly related to the impacts of the Coronavirus
Disease (COVID-19).
Sec. 607. None of the funds made available by this Act may be used
to reject any application for a grant available under funds
appropriated by this Act because of the use of the term ``global
warming'' or the term ``climate change'' in the application.
Sec. 608. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to enter into any new
contract, grant, or cooperative agreement with any entity listed in
subsection (b).
(b) The entities listed in this subsection are the following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
Cleveland, MS
WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
Livingston, NJ Turnberry, Scotland York, NY
4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
Sec. 609. None of the funds made available by this Act may be used
to grant a hydropower license in contravention of the requirement for a
licensee to conform to the rules and regulations of the Federal Energy
Regulatory Commission for the protection of life, health, and property
under section 10(c) of the Federal Power Act (16 U.S.C. 803(c)).
Sec. 610. None of the funds made available by this Act may be used
to issue the Record of Decision for the proposed Pebble Project (POA-
2017-271).
Sec. 611. None of the funds made available by this Act may be used
to remove an inspector from any nuclear power plant during the transfer
of spent fuel from a spent fuel pool to dry cask storage.
Sec. 612. None of the funds made available by this Act may be used
by the Secretary of Energy to make a guarantee under section 1703 of
the Energy Policy Act of 2005 (42 U.S.C. 16513) for a project that does
not avoid, reduce, or sequester air pollutants or anthropogenic
emissions of greenhouse gases.
Sec. 613. None of the funds made available by this Act may be used
to reject any application for a grant to be made using funds
appropriated by this Act because of the use of the term ``sea level
rise'' in the application.
This division may be cited as the ``Energy and Water Development
and Related Agencies Appropriations Act, 2021''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2021
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2021, and for other purposes, namely:
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for,
real properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy activities;
domestic finance and tax policy activities, including technical
assistance to State, local, and territorial entities; and Treasury-wide
management policies and programs activities, $231,861,000: Provided,
That of the amount appropriated under this heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2022, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Cybersecurity and Critical
Infrastructure Protection, including entering into
cooperative agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
committee on foreign investment in the united states fund
(including transfer of funds)
For necessary expenses of the Committee on Foreign Investment in
the United States, $20,000,000, to remain available until expended:
Provided, That the chairperson of the Committee may transfer such
amounts to any department or agency represented on the Committee
(including the Department of the Treasury) subject to advance
notification to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts so
transferred shall remain available until expended for expenses of
implementing section 721 of the Defense Production Act of 1950, as
amended (50 U.S.C. 4565), and shall be available in addition to any
other funds available to any department or agency: Provided further,
That fees authorized by section 721(p) of such Act shall be credited to
this appropriation as offsetting collections: Provided further, That
the total amount appropriated under this heading from the general fund
shall be reduced as such offsetting collections are received during
fiscal year 2021, so as to result in a total appropriation from the
general fund estimated at not more than $0.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, human rights abusers, money launderers, drug
kingpins, and other national security threats, $172,751,000, of which
not less than $3,000,000 shall be available for addressing human rights
violations and corruption, including activities authorized by the
Global Magnitsky Human Rights Accountability Act (22 U.S.C. 2656 note):
Provided, That of the amounts appropriated under this heading, up to
$10,000,000 shall remain available until September 30, 2022.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $18,000,000, to remain
available until September 30, 2023: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further, That
of the total amount made available under this heading $1,000,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and
not supplant any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $6,000,000, to
remain available until September 30, 2023: Provided, That these funds
shall be transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to support or supplement ``Internal Revenue
Service, Operations Support'' or ``Internal Revenue Service, Business
Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,044,000, including hire of passenger motor vehicles; of which not
to exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2022, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of
which not to exceed $1,000 shall be available for official reception
and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Inspector General for Tax
Administration; $171,350,000, of which $5,000,000 shall remain
available until September 30, 2022; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not to exceed
$500,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction
of the Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $19,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses of non-Federal and foreign government personnel to attend
meetings and training concerned with domestic and foreign financial
intelligence activities, law enforcement, and financial regulation;
services authorized by 5 U.S.C. 3109; not to exceed $12,000 for
official reception and representation expenses; and for assistance to
Federal law enforcement agencies, with or without reimbursement,
$126,963,000, of which not to exceed $34,335,000 shall remain available
until September 30, 2023.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $341,069,000; of which not to exceed $7,733,000, to remain
available until September 30, 2023, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$121,804,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; and of which not to
exceed $50,000 shall be available for cooperative research and
development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That
of the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2022, shall be for the costs associated
with enforcement of and education regarding the trade practice
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et
seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States Mint
Public Enterprise Fund for costs associated with the production of
circulating coins, numismatic coins, and protective services, including
both operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2021 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $50,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-III, $273,500,000 (increased by
$1,000,000). Of the amount appropriated under this heading--
(1) not less than $171,000,000 (reduced by $68,400,000)
(increased by $68,400,000), notwithstanding section 108(e) of
Public Law 103-325 (12 U.S.C. 4707(e)) with regard to Small
and/or Emerging Community Development Financial Institutions
Assistance awards, is available until September 30, 2022, for
financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively,
of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of
which up to $1,600,000 may be available for training and
outreach under section 109 of Public Law 103-325 (12 U.S.C.
4708), of which up to $2,375,000 may be used for the cost of
direct loans, and of which up to $6,000,000, notwithstanding
subsection (d) of section 108 of Public Law 103-325 (12 U.S.C.
4707 (d)), may be available to provide financial assistance,
technical assistance, training, and outreach to community
development financial institutions to expand investments that
benefit individuals with disabilities: Provided, That the cost
of direct and guaranteed loans, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $25,000,000:
Provided further, That of the funds provided under this
paragraph, excluding those made to community development
financial institutions to expand investments that benefit
individuals with disabilities and those made to community
development financial institutions that serve populations
living in persistent poverty counties, the CDFI Fund shall
prioritize Financial Assistance awards to organizations that
invest and lend in high-poverty areas: Provided further, That
for purposes of this section, the term ``high-poverty area''
means any census tract with a poverty rate of at least 20
percent as measured by the 2011-2015 5-year data series
available from the American Community Survey of the Bureau of
the Census for all States and Puerto Rico or with a poverty
rate of at least 20 percent as measured by the 2010 Island
areas Decennial Census data for any territory or possession of
the United States;
(2) Not less than $16,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2022, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, Tribes and Tribal organizations, and
other suitable providers;
(3) not less than $25,000,000 (increased by $1,000,000) is
available until September 30, 2022, for the Bank Enterprise
Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2022, for a
Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) not less than $10,000,000 is available until September
30, 2022, to provide grants for loan loss reserve funds and to
provide technical assistance for small dollar loan programs
under section 122 of Public Law 103-325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public Law
shall not apply to the provision of such grants and technical
assistance;
(6) up to $29,500,000 is available until September 30,
2021, for administrative expenses, including administration of
CDFI Fund programs and the New Markets Tax Credit Program, of
which not less than $1,000,000 is for development of tools to
better assess and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out the direct
loan program; and
(7) during fiscal year 2021, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That such section 114A
shall remain in effect until December 31, 2021: Provided
further, That of the funds awarded under this heading, not less
than 10 percent shall be used for awards that support
investments that serve populations living in persistent poverty
counties: Provided further, That for the purposes of this
paragraph and paragraph (1), the term ``persistent poverty
counties'' means any county, including county equivalent areas
in Puerto Rico, that has had 20 percent or more of its
population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the 2011-
2015 5-year data series available from the American Community
Survey of the Bureau of the Census or any other territory or
possession of the United States that has had 20 percent or more
of its population living in poverty over the past 30 years, as
measured by the 1990, 2000, and 2010 Island Areas Decennial
Censuses, or equivalent data, of the Bureau of the Census.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education,
filing and account services, taxpayer advocacy services, and other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $2,602,554,000 (reduced by $1,000,000)
(increased by $1,000,000), of which not less than $11,000,000 shall be
for the Tax Counseling for the Elderly Program, of which not less than
$13,000,000 shall be available for low-income taxpayer clinic grants,
of which not less than $28,000,000, to remain available until September
30, 2022, shall be available for the Community Volunteer Income Tax
Assistance Matching Grants Program for tax return preparation
assistance, and of which not less than $211,000,000 shall be available
for operating expenses of the Taxpayer Advocate Service: Provided,
That of the amounts made available for the Taxpayer Advocate Service,
not less than $5,500,000 shall be for identity theft and refund fraud
casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal
investigations, to enforce criminal statutes related to violations of
internal revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Commissioner, $5,206,246,000, of which not to exceed
$250,000,000 shall remain available until September 30, 2022, and of
which not less than $60,257,000 shall be for the Interagency Crime and
Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics
of income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $4,057,691,000 (increased by $10,000,000), of which not
to exceed $250,000,000 shall remain available until September 30, 2022;
of which not to exceed $10,000,000 shall remain available until
expended for acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000 shall
remain available until September 30, 2023, for research; of which not
to exceed $20,000 shall be for official reception and representation
expenses: Provided, That not later than 30 days after the end of each
quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General detailing the cost and schedule
performance for its major information technology investments, including
the purpose and life-cycle stages of the investments; the reasons for
any cost and schedule variances; the risks of such investments and
strategies the Internal Revenue Service is using to mitigate such
risks; and the expected developmental milestones to be achieved and
costs to be incurred in the next quarter: Provided further, That the
Internal Revenue Service shall include, in its budget justification for
fiscal year 2022, a summary of cost and schedule performance
information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $250,000,000, to remain available until
September 30, 2023, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the end of
each quarter, the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General detailing the cost and schedule
performance for major information technology investments, including the
purposes and life-cycle stages of the investments; the reason for any
cost and schedule variances; the risks of such investments and the
strategies the Internal Revenue Service is using to mitigate such
risks; and the expected developmental milestones to be achieved and
costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 4 percent of the appropriation made
available in this Act to the Internal Revenue Service under the
``Enforcement'' heading, and not to exceed 5 percent of any other
appropriation made available in this Act to the Internal Revenue
Service, may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and enforce
policies and procedures that will safeguard the confidentiality of
taxpayer information and protect taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. The Internal Revenue Service shall issue a notice of
confirmation of any address change relating to an employer making
employment tax payments, and such notice shall be sent to both the
employer's former and new address and an officer or employee of the
Internal Revenue Service shall give special consideration to an offer-
in-compromise from a taxpayer who has been the victim of fraud by a
third party payroll tax preparer.
Sec. 106. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may be used
by the Internal Revenue Service to target groups for regulatory
scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the
Treasury Inspector General for Tax Administration entitled ``Review of
the August 2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct and
Federal tax compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 111. There is hereby established in the Treasury of the
United States a fund to be known as the ``Internal Revenue Service
Nonrecurring Expenses Fund'': Provided, That unobligated balances of
expired discretionary funds appropriated in this or any succeeding
fiscal year from the General Fund of the Treasury to the Internal
Revenue Service by this or any other Act may be transferred (not later
than the end of the fifth fiscal year after the last fiscal year for
which such funds are available for the purposes for which appropriated)
into the Internal Revenue Service Nonrecurring Expenses Fund: Provided
further, That amounts deposited in the Fund pursuant to this section
shall remain available for obligation for 3 fiscal years after the
fiscal year of such transfer, and in addition to such other funds as
may be available for such purposes, for facilities and information
technology expenses: Provided further, That transfer authority under
this section shall be in addition to any other transfer authority
provided in this Act: Provided further, That amounts in the Fund may
be obligated only after the Committees on Appropriations of the House
of Representatives and the Senate are notified at least 15 days in
advance of the planned use of funds: Provided further, That the
Internal Revenue Service shall include in the annual operating plan
required under section 608 of this Act a report on the unobligated
balances of the Internal Revenue Service Nonrecurring Expenses Fund and
a plan for the use of such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 112. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services
to employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 113. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental Offices--
Salaries and Expenses'', ``Office of Terrorism and Financial
Intelligence'' , ``Financial Crimes Enforcement Network'', ``Bureau of
the Fiscal Service'', and ``Alcohol and Tobacco Tax and Trade Bureau''
may be transferred between such appropriations upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer under this
section may increase or decrease any such appropriation by more than 2
percent.
Sec. 114. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax Administration's
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
Sec. 115. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 116. The Secretary of the Treasury may transfer funds from
the ``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 117. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States
Mint to construct or operate any museum without the explicit approval
of the Committees on Appropriations of the House of Representatives and
the Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 119. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2021 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2021.
Sec. 120. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 121. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the House of
Representatives and the Senate not later than 30 days following the
submission of the annual budget submitted by the President: Provided,
That such Capital Investment Plan shall include capital investment
spending from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and Capital
Investment Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such Capital
Investment Plan shall include expenditures occurring in previous fiscal
years for each capital investment project that has not been fully
completed.
Sec. 122. Within 45 days after the date of enactment of this Act,
the Secretary of the Treasury shall submit an itemized report to the
Committees on Appropriations of the House of Representatives and the
Senate on the amount of total funds charged to each office by the
Franchise Fund including the amount charged for each service provided
by the Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in governing
in the Franchise Fund.
Sec. 123. (a) Not later than 60 days after the end of each quarter,
the Office of Financial Stability and the Office of Financial Research
shall submit reports on their activities to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives, and
the Senate Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection
(a), the Office of Financial Stability and the Office of Financial
Research shall make officials available to testify on the contents of
the reports required under subsection (a).
Sec. 124. Notwithstanding any other provision of law, none of the
funds available in the Department of the Treasury Forfeiture Fund
established by section 9705 of title 31, United States Code, may be
obligated, expended, or used to plan, design, construct, or carry out a
project to construct a wall, barrier, fence, or road along the southern
border of the United States, or a road to provide access to a wall,
barrier, or fence constructed along the southern border of the United
States.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2021''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $13,641,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be
made in accordance with the provisions of this paragraph: Provided
further, That, notwithstanding any other provision of law, such amount
for reimbursable operating expenses shall be the exclusive authority of
the Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: Provided further, That the Executive Residence shall
ensure that a written notice of any amount owed for a reimbursable
operating expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred, and that
such amount is collected within 30 days after the submission of such
notice: Provided further, That the Executive Residence shall charge
interest and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the interest
and penalty provisions applicable to an outstanding debt on a United
States Government claim under 31 U.S.C. 3717: Provided further, That
each such amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, not later than 90 days after the
end of the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during the
preceding fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That the Executive Residence shall maintain a system for the tracking
of expenses related to reimbursable events within the Executive
Residence that includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That no
provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II
of chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $1,625,000,
to remain available until expended, for required maintenance,
resolution of safety and health issues, and continued preventative
maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,000,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,500,000, of which not to exceed $5,000 shall be available for
official reception and representation expenses.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $96,000,000, of which not to exceed
$12,800,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized
by 5 U.S.C. 3109, to carry out the provisions of chapter 35 of title
44, United States Code, and to prepare and submit the budget of the
United States Government, in accordance with section 1105(a) of title
31, United States Code, $107,245,000, of which not to exceed $3,000
shall be available for official representation expenses: Provided,
That none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations under
the provisions of the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act may be
expended for the altering of the transcript of actual testimony of
witnesses, except for testimony of officials of the Office of
Management and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made available
for the Office of Management and Budget by this Act may be expended for
the altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through the
Secretary of the Army are in compliance with all applicable laws,
regulations, and requirements relevant to the Civil Works water
resource planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which to
perform budgetary policy reviews of water resource matters on which the
Chief of Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the appropriate
authorizing and appropriating committees when the 60-day review is
initiated: Provided further, That if water resource reports have not
been transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and
Budget review period based on the notification from the Director,
Congress shall assume Office of Management and Budget concurrence with
the report and act accordingly.
Intellectual Property Enforcement Coordinator
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the Prioritizing
Resources and Organization for Intellectual Property Act of 2008
(Public Law 110-403), including services authorized by 5 U.S.C. 3109,
$1,300,000.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 1998; not to exceed $10,000 for
official reception and representation expenses; and for participation
in joint projects or in the provision of services on matters of mutual
interest with nonprofit, research, or public organizations or agencies,
with or without reimbursement, $18,400,000: Provided, That the Office
is authorized to accept, hold, administer, and utilize gifts, both real
and personal, public and private, without fiscal year limitation, for
the purpose of aiding or facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug Control
Policy's High Intensity Drug Trafficking Areas Program, $290,000,000,
to remain available until September 30, 2022, for drug control
activities consistent with the approved strategy for each of the
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That any
unexpended funds obligated prior to fiscal year 2019 may be used for
any other approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2020, shall be funded at not less than the fiscal year
2020 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the initial
allocation of fiscal year 2021 funding among HIDTAs not later than 45
days after enactment of this Act, and shall notify the Committees of
planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a determination
that all or part of the funds so transferred from this appropriation
are not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House of
Representatives and the Senate, such amounts may be transferred back to
this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Anti-Drug Abuse
Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, $123,965,000, to remain available until
expended, which shall be available as follows: $102,000,000 for the
Drug-Free Communities Program, of which $2,500,000 shall be made
available as directed by section 4 of Public Law 107-82, as amended by
section 8204 of Public Law 115-271; $3,000,000 for drug court training
and technical assistance; $10,000,000 for anti-doping activities; up to
$2,715,000 for the United States membership dues to the World Anti-
Doping Agency; $1,250,000 for the Model Acts Program; and $5,000,000
for activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may be
transferred to other Federal departments and agencies to carry out such
activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security,
or defense which may arise at home or abroad during the current fiscal
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available
until September 30, 2022.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology in the
Federal Government, $11,491,000, to remain available until expended:
Provided, That the Director of the Office of Management and Budget may
transfer these funds to one or more other agencies to carry out
projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,698,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $302,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'',
``White House Repair and Restoration'', ``Council of Economic
Advisers'', ``National Security Council and Homeland Security
Council'', ``Office of Administration'', ``Special Assistance to the
President'', and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such other officer
as the President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, transfer not to exceed 10 percent of any such appropriation
to any other such appropriation, to be merged with and available for
the same time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation shall not
be increased by more than 50 percent by such transfers: Provided
further, That no amount shall be transferred from ``Special Assistance
to the President'' or ``Official Residence of the Vice President''
without the approval of the Vice President.
Sec. 202. (a) During fiscal year 2021, any Executive order or
Presidential memorandum issued or revoked by the President shall be
accompanied by a written statement from the Director of the Office of
Management and Budget on the budgetary impact, including costs,
benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2021; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2021.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2021 due to a national emergency, the Director of
the Office of Management and Budget may issue the statement required by
subsection (a) not later than 15 days after the date that such order or
memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda
shall only apply for Presidential memoranda estimated to have a
regulatory cost in excess of $100,000,000.
Sec. 203. Not later than 10 days after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
issue a memorandum to all Federal departments, agencies, and
corporations directing compliance with the provisions in title VII of
this Act.
Sec. 204. (a) Beginning not later than 10 days after the date of
enactment of this Act and until the requirements of subsection (b) are
completed, the Office of Management and Budget shall provide to the
Committees on Appropriations and the Budget of the House of
Representatives and the Senate each document apportioning an
appropriation, pursuant to section 1513(b) of title 31, United States
Code, approved by the Office of Management and Budget, including any
associated footnotes, not later than 2 business days after the date of
approval of such apportionment by the Office of Management and Budget.
(b) Not later than 90 days after the date of enactment of this Act,
the Office of Management and Budget shall complete implementation of an
automated system to post each document apportioning an appropriation,
pursuant to section 1513(b) of title 31, United States Code, including
any associated footnotes, in a format that qualifies each such document
as an Open Government Data Asset (as defined in section 3502 of title
44, United States Code), not later than 2 business days after the date
of approval of such apportionment, and shall place on such website each
document apportioning an appropriation, pursuant to such section
1513(b), including any associated footnotes, already approved the
current fiscal year, and shall report the date of completion of such
requirements to the Committees on Appropriations and the Budget of the
House of Representatives and Senate.
(c) Each document apportioning an appropriation pursuant to section
1513(b) of title 31, United States Code, that is posted on a publicly
accessible website pursuant to such section shall also include a
written explanation by the official approving each such apportionment
stating the rationale for the apportionment schedule and for any
footnotes: Provided, That the Office of Management and Budget or the
applicable department or agency shall make available classified
documentation relating to any apportionment to the appropriate
congressional committees on a schedule to be determined by each such
committee.
(d)(1) Not later than 15 days after the date of enactment of this
Act, any delegation of apportionment authority pursuant to section
1513(b) of title 31, United States Code, that is in effect as of such
date shall be submitted for publication in the Federal Register:
Provided, That any delegation of such apportionment authority after the
date of enactment of this section shall, on the date of such
delegation, be submitted for publication in the Federal Register:
Provided further, That the Office of Management and Budget shall
publish such delegations in a format that qualifies such publications
as an Open Government Data Asset (as defined in section 3502 of title
44, United States Code) on a public internet website, which shall be
continuously updated with the position of each Federal officer or
employee to whom apportionment authority has been delegated.
(2) Not later than 5 days after any change in the position of the
approving official with respect to such delegated apportionment
authority for any account is made, the Office shall submit a report to
the Congress explaining why such change was made.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2021''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $95,025,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect
of the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $10,618,000, to remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $33,802,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $20,027,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $5,412,919,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$9,700,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with the maximums
under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys
appointed to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and reimbursement of
expenses of attorneys appointed to represent jurors in civil actions
for the protection of their employment, as authorized by 28 U.S.C.
1875(d)(1); the compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial
civil forfeiture proceedings; the compensation and reimbursement of
travel expenses of guardians ad litem appointed under 18 U.S.C.
4100(b); and for necessary training and general administrative
expenses, $1,322,543,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $55,478,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses
and other facilities housing Federal court operations, and the
procurement, installation, and maintenance of security systems and
equipment for United States courthouses and other facilities housing
Federal court operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols, perimeter
security, basic security services provided by the Federal Protective
Service, and other similar activities as authorized by section 1010 of
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $664,011,000, of which not to exceed $20,000,000 shall remain
available until expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent with
standards or guidelines agreed to by the Director of the Administrative
Office of the United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $97,970,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $31,115,000; of which $1,800,000 shall
remain available through September 30, 2022, to provide education and
training to Federal court personnel; and of which not to exceed $1,500
is authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $20,133,000, of which
not to exceed $1,000 is authorized for official reception and
representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance
with the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts,
and Other Judicial Services'' shall be available for official reception
and representation expenses of the Judicial Conference of the United
States: Provided, That such available funds shall not exceed $11,000
and shall be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ``Federal'' for ``executive'' each place it
appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department of
Homeland Security to provide, except for the services specified in 40
U.S.C. 1315(b)(2)(E). For building-specific security services at these
courthouses, the Director of the Administrative Office of the United
States Courts shall reimburse the United States Marshals Service rather
than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``29 years and 6 months'' and inserting
``30 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``26 years and 6 months'' and inserting
``27 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``27 years and 6 months'' and
inserting ``28 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by inserting after ``except in
the case of'' the following: ``the northern district of
Alabama,'';
(2) in the first sentence by inserting after ``the central
district of California'' the following: ``,'';
(3) in the first sentence by striking ``18 years'' and
inserting ``19 years'';
(4) by adding at the end of the first sentence the
following: ``The first vacancy in the office of district judge
in the northern district of Alabama occurring 18 years or more
after the confirmation date of the judge named to fill the
temporary district judgeship created in that district by this
subsection, shall not be filled.'';
(5) in the third sentence (relating to the central District
of California), by striking ``17 years and 6 months'' and
inserting ``18 years and 6 months''; and
(6) in the fourth sentence (relating to the western
district of North Carolina), by striking ``16 years'' and
inserting ``17 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2021''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered
by the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia
Chief Financial Officer, who shall use those funds solely for the
purposes of carrying out the Resident Tuition Support Program:
Provided further, That the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$52,900,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to respond to
immediate and specific terrorist threats or attacks in the District of
Columbia or surrounding jurisdictions: Provided, That funds
appropriated under this heading may be used to reimburse presidential
inauguration expenditures incurred in fiscal year 2020.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$265,618,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,977,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $127,514,000, of which not to exceed
$2,500 is for official reception and representation expenses; for the
District of Columbia Court System, $80,974,000, of which not to exceed
$2,500 is for official reception and representation expenses; and
$42,153,000, to remain available until September 30, 2022, for capital
improvements for District of Columbia courthouse facilities: Provided,
That funds made available for capital improvements shall be expended
consistent with the District of Columbia Courts master plan study and
facilities condition assessment: Provided further, That, in addition
to the amounts appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and processing
District of Columbia bar admissions may be retained and credited to
this appropriation, to remain available until expended, for salaries
and expenses associated with such activities, notwithstanding section
450 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.50): Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and expended in
the same manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the House of
Representatives and the Senate, the District of Columbia Courts may
reallocate not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial Administration
in the District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, for employees of the
District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments
authorized under section 21-2060, D.C. Official Code (relating to
services provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of Columbia:
Provided further, That, notwithstanding any other provision of law,
this appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$245,923,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed $25,000
is for dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002: Provided, That, of the funds appropriated under this heading,
$179,180,000 shall be for necessary expenses of Community Supervision
and Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons: Provided further, That, of
the funds appropriated under this heading, $66,743,000 shall be
available to the Pretrial Services Agency, of which $459,000 shall
remain available until September 30, 2023, for costs associated with
relocation under a replacement lease for headquarters offices, field
offices, and related facilities: Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, That amounts under this heading may be used for
programmatic incentives for defendants to successfully complete their
terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $44,011,000: Provided, That notwithstanding
any other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies: Provided further, That the
District of Columbia Public Defender Service may establish for
employees of the District of Columbia Public Defender Service a program
substantially similar to the program set forth in subchapter II of
chapter 35 of title 5, United States Code, except that the maximum
amount of the payment made under the program to any individual may not
exceed the amount referred to in section 3523(b)(3)(B) of title 5,
United States Code: Provided further, That the District of Columbia
Public Defender Service may be deemed an ``agency'' for purposes of
engaging with and receiving services from Federal Franchise Fund
Programs established in accordance with section 403 of the Government
Management Reform Act of 1994 (Public Law 103-356), as amended.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,150,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30,
2022, to the Commission on Judicial Disabilities and Tenure, $325,000,
and for the Judicial Nomination Commission, $275,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $52,500,000, to remain available until expended,
for payments authorized under the Scholarships for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125
Stat. 211) including students who were not offered a scholarship during
any previous school year: Provided further, That within funds provided
for opportunity scholarships up to $1,200,000 shall be for the
activities specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in section 3009 of
the Act: Provided further, That none of the funds made available under
this heading may be used for an opportunity scholarship for a student
to attend a school which does not certify to the Secretary of Education
that the student will be provided with the same protections under the
Federal laws which are enforced by the Office for Civil Rights of the
Department of Education which are provided to a student of a public
elementary or secondary school in the District of Columbia and which
does not certify to the Secretary of Education that the student and the
student's parents will be provided with the same services, rights, and
protections under the Individuals With Disabilities Education Act (20
U.S.C. 1400 et seq.) which are provided to a student and a student's
parents of a public elementary or secondary school in the District of
Columbia, as enumerated in Table 2 of Government Accountability Office
Report 18-94 (entitled ``Federal Actions Needed to Ensure Parents Are
Notified About Changes in Rights for Students with Disabilities''),
issued November 2017.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$413,000, to remain available until expended for the Major General
David F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing
of individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $4,000,000.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $8,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan:
Provided, That the District of Columbia Water and Sewer Authority
provides a 100 percent match for this payment.
This title may be cited as the ``District of Columbia
Appropriations Act, 2021''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,500,000, to
remain available until September 30, 2022, of which not to exceed
$1,000 is for official reception and representation expenses.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $137,000,000, of which
$1,300,000 shall remain available until expended to carry out the
program, including administrative costs, required by section 1405 of
the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140;
15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2021, none of the amounts made
available by this Act may be used to finalize or implement the Safety
Standard for Recreational Off-Highway Vehicles published by the
Consumer Product Safety Commission in the Federal Register on November
19, 2014 (79 Fed. Reg. 68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements
were adopted; and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $19,063,000 (increased by $1,000,000), of
which $1,500,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities authorized
under the Help America Vote Act of 2002.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 20904(c)(2)(B)), $500,000,000 is provided to the
Election Assistance Commission for necessary expenses to make payments
to States for activities to improve the administration of elections for
Federal office, including to enhance election technology and make
election security improvements, as authorized by sections 101, 103, and
104 of such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands shall be
deemed to be a State and, for purposes of sections 101(d)(2) and
103(a), shall be treated in the same manner as the Commonwealth of
Puerto Rico, Guam, American Samoa, and the United States Virgin
Islands: Provided further, That each reference to the ``Administrator
of General Services'' or the ``Administrator'' in sections 101 and 103
shall be deemed to refer to the ``Election Assistance Commission'':
Provided further, That each reference to ``$5,000,000'' in section 103
shall be deemed to refer to ``$3,000,000'' and each reference to
``$1,000,000'' in section 103 shall be deemed to refer to ``$600,000'':
Provided further, That not later than 45 days after the date of
enactment of this Act, the Election Assistance Commission shall make
the payments to States under this heading: Provided further, That a
State shall use such payment to replace voting systems which use
direct-recording electronic voting machines with a voting system which
uses an individual, durable, voter-verified paper ballot which is
marked by the voter by hand or through the use of a non-tabulating
ballot-marking device or system, so long as the voter shall have the
option to mark his or her ballot by hand, and provides the voter with
an opportunity to inspect and confirm the marked ballot before casting
(in this heading referred to as a ``qualified voting system''):
Provided further, That for purposes of determining whether a voting
system is a qualified voting system, a voter-verified paper audit trail
receipt generated by a direct-recording electronic voting machine is
not a paper ballot: Provided further, That none of the funds made
available under this heading may be used to purchase or obtain any
voting system which is not a qualified voting system: Provided
further, That a State may use such payment to carry out other
authorized activities to improve the administration of elections for
Federal office only if the State certifies to the Election Assistance
Commission that the State has replaced all voting systems which use
direct-recording electronic voting machines with qualified voting
systems: Provided further, That not less than 50 percent of the amount
of the payment made to a State under this heading shall be allocated in
cash or in kind to the units of local government which are responsible
for the administration of elections for Federal office in the State.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $376,070,000, to remain available until expended, of which not
less than $33,000,000 shall be for implementing title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et seq.), as added by the
Broadband DATA Act (Public Law 116-130): Provided, That $376,070,000
of offsetting collections shall be assessed and collected pursuant to
section 9 of title I of the Communications Act of 1934, shall be
retained and used for necessary expenses, and shall remain available
until expended: Provided further, That the sum herein appropriated
shall be reduced as such offsetting collections are received during
fiscal year 2021 so as to result in a final fiscal year 2021
appropriation estimated at $0: Provided further, That, notwithstanding
47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation shall not
exceed $134,495,000 for fiscal year 2021: Provided further, That, of
the amount appropriated under this heading, not less than $11,105,700
shall be for the salaries and expenses of the Office of Inspector
General.
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2020''
each place it appears and inserting ``December 31, 2021''.
Sec. 511. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
its rules or regulations for universal service support payments to
implement the February 27, 2004, recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Sec. 512. None of the funds made available by this Act may be used
to finalize, implement, administer, or enforce the proposed rule
entitled ``Universal Service Contribution Methodology'' published by
the Federal Communications Commission in the Federal Register on June
13, 2019 (84 Fed. Reg. 27570).
Sec. 513. None of the funds made available by this Act may be used
by the Federal Communications Commission to establish or implement a 5G
Fund for Rural America, or any similar Federal universal service
support mechanism, as proposed in the Notice of Proposed Rulemaking in
the matter of Establishing a 5G Fund for Rural America that was adopted
by the Commission on April 23, 2020 (FCC 20-52), until the Commission
completes the creation of the map that depicts the availability of
mobile broadband internet access service required by section
802(c)(1)(C) of the Communications Act of 1934 (47 U.S.C.
642(c)(1)(C)).
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,982,000, to be derived from the Deposit Insurance Fund or, only
when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $73,329,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of
1978, and the Civil Service Reform Act of 1978, including services
authorized by 5 U.S.C. 3109, and including hire of experts and
consultants, hire of passenger motor vehicles, and including official
reception and representation expenses (not to exceed $1,500) and rental
of conference rooms in the District of Columbia and elsewhere,
$26,100,000: Provided, That public members of the Federal Service
Impasses Panel may be paid travel expenses and per diem in lieu of
subsistence as authorized by law (5 U.S.C. 5703) for persons employed
intermittently in the Government service, and compensation as
authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding
31 U.S.C. 3302, funds received from fees charged to non-Federal
participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Permitting Improvement Steering Council
environmental review improvement fund
(including transfer of funds)
For necessary expenses of the Environmental Review Improvement Fund
established pursuant to 42 U.S.C. 4370m-8(d), $6,000,000, to remain
available until expended: Provided, That funds appropriated in prior
appropriations Acts under the heading ``General Services
Administration--General Activities--Environmental Review Improvement
Fund'' shall be transferred to and merged with this account.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $341,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $150,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, not to exceed $19,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the Telemarketing
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
this account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2021, so as to result in a final fiscal
year 2021 appropriation from the general fund estimated at not more
than $172,000,000: Provided further, That none of the funds made
available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or otherwise;
construction of new buildings (including equipment for such buildings);
and payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and purchase
contract; in the aggregate amount of $9,052,711,000 (reduced by
$5,000,000) (reduced by $8,025,000) (reduced by $1,000,000) (reduced by
$2,000,000) (reduced by $1,000,000) (reduced by $2,000,000) (reduced by
$10,000,000), of which--
(1) $209,700,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $200,700,000 shall be for the Department of
Homeland Security Consolidation at St. Elizabeths,
Washington, DC; and
(B) $9,000,000 shall be for the Southeast Federal
Center Remediation, Washington, DC:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of a greater
amount;
(2) $585,965,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $203,908,000 is for Major Repairs and
Alterations; and
(B) $382,057,000 is for Basic Repairs and
Alterations:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or any
previous Act may be increased by an amount not to exceed 10
percent unless advance approval is obtained from the Committees
on Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any
prior Act for ``Repairs and Alterations'' may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security
in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference
between the funds appropriated and expended on any projects in
this or any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to ``Basic Repairs and
Alterations'' or used to fund authorized increases in
prospectus projects: Provided further, That the amount
provided in this or any prior Act for ``Basic Repairs and
Alterations'' may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in
prospectus projects;
(3) $5,723,900,000 (reduced by $5,000,000) (reduced by
$8,025,000) (reduced by $1,000,000) (reduced by $2,000,000)
(reduced by $1,000,000) (reduced by $2,000,000) (reduced by
$10,000,000) for rental of space to remain available until
expended; and
(4) $2,533,146,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended for
each project for required expenses for the development of a
proposed prospectus: Provided further, That funds available in
the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
40 U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control as may be appropriate to enable the United States
Secret Service to perform its protective functions pursuant to
18 U.S.C. 3056, shall be available from such revenues and
collections: Provided further, That revenues and collections
and any other sums accruing to this Fund during fiscal year
2021, excluding reimbursements under 40 U.S.C. 592(b)(2), in
excess of the aggregate new obligational authority authorized
for Real Property Activities of the Federal Buildings Fund in
this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities;
and services as authorized by 5 U.S.C. 3109; $64,000,000.
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide
policy direction, management, and communications; and services as
authorized by 5 U.S.C. 3109; $49,440,000, of which not to exceed $7,500
is for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for, for the
activities associated with the Civilian Board of Contract Appeals,
$9,625,000, of which $2,000,000 shall remain available until September
30, 2022.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $67,000,000: Provided, That not
to exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,915,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and
for necessary expenses in support of interagency projects that enable
the Federal Government to enhance its ability to conduct activities
electronically, through the development and implementation of
innovative uses of information technology; $55,000,000, to be deposited
into the Federal Citizen Services Fund: Provided, That the previous
amount may be transferred to Federal agencies to carry out the purpose
of the Federal Citizen Services Fund: Provided further, That the
appropriations, revenues, reimbursements, and collections deposited
into the Fund shall be available until expended for necessary expenses
of Federal Citizen Services and other activities that enable the
Federal Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed $100,000,000:
Provided further, That appropriations, revenues, reimbursements, and
collections accruing to this Fund during fiscal year 2021 in excess of
such amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts: Provided
further, That, of the total amount appropriated, up to $5,000,000 shall
be available for support functions and full-time hires to support
activities related to the Administration's requirements under title II
of the Foundations for Evidence-Based Policymaking Act (Public Law 115-
435): Provided further, That the transfer authorities provided herein
shall be in addition to any other transfer authority provided in this
Act.
presidential transition
(including transfers of funds)
For necessary expenses to carry out the Presidential Transition Act
of 1963, as amended, and 40 U.S.C. 581(e), $9,900,000, of which not to
exceed $1,000,000 is for activities authorized by sections 3(a)(8) and
3(a)(9) of the Act: Provided, That such amounts may be transferred and
credited to the ``Acquisition Services Fund'' or ``Federal Buildings
Fund'' to reimburse obligations incurred prior to enactment of this Act
for the purposes provided herein related to the Presidential election
in 2020: Provided further, That amounts available under this heading
shall be in addition to any other amounts available for such purposes:
Provided further, That if the President-elect is the incumbent
President or the Vice-President-elect is the incumbent Vice President,
$8,900,000 is hereby transferred to the ``Federal Buildings Fund''
account for Consolidation Activities under paragraph (2) of such
account.
technology modernization fund
For the Technology Modernization Fund, $25,000,000, to remain
available until expended, for technology-related modernization
activities.
asset proceeds and space management fund
For carrying out section 16(b)(2) of the Federal Asset Sale and
Transfer Act of 2016 (Public Law 114-287), $16,000,000, to remain
available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2021 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to
meet program requirements: Provided, That any proposed transfers shall
be approved in advance by the Committees on Appropriations of the House
of Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year 2022
request for United States Courthouse construction only if the request:
(1) meets the design guide standards for construction as established
and approved by the General Services Administration, the Judicial
Conference of the United States, and the Office of Management and
Budget; (2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project Priorities
plan; and (3) includes a standardized courtroom utilization study of
each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading ``Federal
Buildings Fund, Limitations on Availability of Revenue'', claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 525. In any case in which the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate adopt a resolution granting
lease authority pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40 U.S.C.
3307, the Administrator shall ensure that the delineated area of
procurement is identical to the delineated area included in the
prospectus for all lease agreements, except that, if the Administrator
determines that the delineated area of the procurement should not be
identical to the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each of such
committees and the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease authority
provided in the resolution.
Sec. 526. With respect to each project funded under the heading
``Major Repairs and Alterations'', and with respect to E-Government
projects funded under the heading ``Federal Citizen Services Fund'',
the Administrator of General Services shall submit a spending plan and
explanation for each project to be undertaken to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 60 days after the date of enactment of this Act.
Sec. 527. Section 3173(d)(1) of title 40, United States Code, is
amended by inserting before the period the following: ``or for agency-
wide acquisition of equipment or systems or the acquisition of services
in lieu thereof, as necessary to implement the Act''.
Sec. 528. (a) Not later than 180 days after the date of enactment
of this Act, the Administrator of the General Services Administration
shall transmit to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, and the Committee on
Environment and Public Works of the Senate, a report on the
construction of a new headquarters for the Federal Bureau of
Investigation in the National Capital Region.
(b) The report transmitted under subsection (a) shall be consistent
with the requirements of section 3307(b) of title 40, United States
Code and include a summary of the material provisions of the
construction and full consolidation of the Federal Bureau of
Investigation in a new headquarters facility, including all the costs
associated with site acquisition, design, management, and inspection,
and a description of all buildings and infrastructure needed to
complete the project.
Sec. 529. None of the funds made available in this Act may be used
by the General Services Administration to award or facilitate the award
of any contract for the provision of architectural, engineering, and
related services in a manner inconsistent with the procedures in the
Brooks Act (40 U.S.C. 1101 et seq.) and part 36.6 of the Federal
Acquisition Regulation.
Sec. 530. None of the funds made available in this Act may be used
to implement or otherwise carry out directives contained in any
Executive order that would establish a preferred architectural style
for Federal buildings and courthouses or that would otherwise conflict
with the Guiding Principles of Federal Architecture as established by
the Ad Hoc Committee on Federal Space on June 1, 1962.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust
Fund, established by section 10 of Public Law 93-642, $1,670,000, to
remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
the Civil Service Reform Act of 1978, and the Whistleblower Protection
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2022, and in addition not to exceed $2,345,000, to remain
available until September 30, 2022, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,800,000, to remain available until expended,
of which, notwithstanding sections 8 and 9 of such Act, up to
$1,000,000 shall be available to carry out the activities authorized by
section 6(7) of Public Law 102-259 and section 817(a) of Public Law
106-568 (20 U.S.C. 5604(7)): Provided, That all current and previous
amounts transferred to the Office of Inspector General of the
Department of the Interior will remain available until expended for
audits and investigations of the Morris K. Udall and Stewart L. Udall
Foundation, consistent with the Inspector General Act of 1978 (5 U.S.C.
App.), as amended, and for annual independent financial audits of the
Morris K. Udall and Stewart L. Udall Foundation pursuant to the
Accountability of Tax Dollars Act of 2002 (Public Law 107-289):
Provided further, That previous amounts transferred to the Office of
Inspector General of the Department of the Interior may be transferred
to the Morris K. Udall and Stewart L. Udall Foundation for annual
independent financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107-289).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities under sections 10 and 11 of the Morris K. Udall and
Stewart L. Udall Foundation Act (Public Law 111-90), $3,200,000, to
remain available until expended: Provided, That during fiscal year
2021 and each fiscal year thereafter, any amounts in such Fund shall,
pursuant to section 1557 of title 31, United States Code, be exempt
from the provisions of subchapter IV of chapter 15 of such title.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records archives, the hire
of passenger motor vehicles, and for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance, repairs,
and cleaning, $361,449,000, of which up to $2,000,000 shall remain
available until expended to implement the Civil Rights Cold Case
Records Collection Act of 2018 (Public Law 115-426).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
motor vehicles, $5,195,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000 (increased by
$8,025,000), to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $7,000,000,
to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2022, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $18,600,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2
of 1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for
veterans by private physicians on a fee basis; rental of conference
rooms in the District of Columbia and elsewhere; hire of passenger
motor vehicles; not to exceed $2,500 for official reception and
representation expenses; advances for reimbursements to applicable
funds of OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances to
employees where Voting Rights Act activities require an employee to
remain overnight at his or her post of duty, $152,630,000: Provided,
That of the total amount made available under this heading, up to
$9,000,000 shall remain available until expended, for information
technology infrastructure modernization and Trust Fund Federal
Financial System migration or modernization, and shall be in addition
to funds otherwise made available for such purposes: Provided further,
That of the total amount made available under this heading, $1,068,000
may be made available for strengthening the capacity and capabilities
of the acquisition workforce (as defined by the Office of Federal
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), including
the recruitment, hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management; and in addition $154,625,000 for administrative expenses,
to be transferred from the appropriate trust funds of OPM without
regard to other statutes, including direct procurement of printed
materials, for the retirement and insurance programs: Provided
further, That the provisions of this appropriation shall not affect the
authority to use applicable trust funds as provided by sections
8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title
5, United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order No. 9358
of July 1, 1943, or any successor unit of like purpose: Provided
further, That the President's Commission on White House Fellows,
established by Executive Order No. 11183 of October 3, 1964, may,
during fiscal year 2021, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows, except
that no such donations shall be accepted for travel or reimbursement of
travel expenses, or for the salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed $26,265,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate trust funds
of the Office of Personnel Management, as determined by the Inspector
General: Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel, including services as authorized by 5 U.S.C. 3109,
payment of fees and expenses for witnesses, rental of conference rooms
in the District of Columbia and elsewhere, and hire of passenger motor
vehicles, $28,900,000 (increased by $1,600,000).
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $18,614,000, to be derived by
transfer from the Postal Service Fund and expended as authorized by
section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $8,500,000, to
remain available until September 30, 2022.
Public Buildings Reform Board
For salaries and expenses of the Public Buildings Reform Board in
carrying out the Federal Assets Sale and Transfer Act of 2016 (Public
Law 114-287), $3,500,000, to remain available until expended.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,920,000,000, to remain available until
expended; of which not less than $16,313,000 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available
for a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000 shall be
available for expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials,
members of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance including: (1) incidental expenses such
as meals; (2) travel and transportation; and (3) related lodging or
subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission's District of Columbia headquarters, not to exceed
$18,650,000, to remain available until expended; and for move,
replication, and related costs associated with a replacement lease for
the Commission's San Francisco Regional Office facilities, not to
exceed $12,677,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j) of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal year
2021, all amounts appropriated under this heading shall be deemed to be
the regular appropriation to the Commission for fiscal year 2021:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $1,920,000,000 of such offsetting collections shall be available
until expended for necessary expenses of this account; not to exceed
$18,650,000 of such offsetting collections shall be available until
expended for move, replication, and related costs under this heading
associated with a replacement lease for the Commission's District of
Columbia headquarters facilities; and not to exceed $12,677,000 of such
offsetting collections shall be available until expended for move,
replication, and related costs under this heading associated with a
replacement lease for the Commission's San Francisco Regional Office
facilities: Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2021 shall be
reduced as such offsetting fees are received so as to result in a final
total fiscal year 2021 appropriation from the general fund estimated at
not more than $0: Provided further, That if any amount of the
appropriation for move, replication, and related costs associated with
a replacement lease for the Commission's District of Columbia
headquarters office facilities or if any amount of the appropriation
for costs associated with a replacement lease for the Commission's San
Francisco Regional Office is subsequently de-obligated by the
Commission, such amount that was derived from the general fund shall be
returned to the general fund, and such amounts that were derived from
fees or assessments collected for such purpose shall be paid to each
national securities exchange and national securities association,
respectively, in proportion to any fees or assessments paid by such
national securities exchange or national securities association under
section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in
fiscal year 2021.
administrative provisions--securities and exchange commission
Sec. 540. None of the funds made available by this Act may be used
to finalize, issue, or implement any rule, regulation, or order
regarding the exempt offering framework changes proposed at 85 Fed.
Reg. 17956 without previously finalizing, issuing, or implementing a
final rule strengthening the filing requirements around exempt
offerings in the same or stronger manner as proposed at 78 Fed. Reg.
44806 to enhance the Securities and Exchange Commission's ability to
evaluate the development of market practices in Rule 506 offerings and
to address concerns that may arise in connection with permitting
issuers to engage in general solicitation.
Sec. 541. None of the funds made available by this Act may be used
to finalize, issue, or implement any rule, regulation, or order
changing the procedural requirements or raising resubmission thresholds
under Exchange Act Rule 14a-8 (section 240.14a-8 of title 17, Code of
Federal Regulations) as proposed at 84 Fed. Reg. 66458.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $27,800,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $287,947,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small Business
Administration, and certain loan program activities, including fees
authorized by section 5(b) of the Small Business Act: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to remain
available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a)
of division K of Public Law 108-447, during fiscal year 2021: Provided
further, That $6,100,000 shall be available for the Loan Modernization
and Accounting System, to be available until September 30, 2022.
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $277,000,000 (increased by $5,000,000), to
remain available until September 30, 2022: Provided, That $140,000,000
(increased by $5,000,000) shall be available to fund grants for
performance in fiscal year 2021 or fiscal year 2022 as authorized by
section 21 of the Small Business Act: Provided further, That
$35,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $20,500,000 shall be available for
grants to States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small Business
Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$22,011,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out
the provisions of title II of Public Law 94-305 (15 U.S.C. 634a et
seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), $9,190,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $5,000,000, to remain available until
expended, and for the cost of guaranteed loans as authorized by section
7(a) of the Small Business Act (Public Law 83-163), $15,000,000, to
remain available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That subject
to section 502 of the Congressional Budget Act of 1974, during fiscal
year 2021 commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2021 commitments for general
business loans authorized under section 7(a) of the Small Business Act
shall not exceed $30,000,000,000 for a combination of amortizing term
loans and the aggregated maximum line of credit provided by revolving
loans: Provided further, That during fiscal year 2021 commitments for
loans authorized under subparagraph (C) of section 502(7) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2021
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2021,
guarantees of trust certificates authorized by section 5(g) of the
Small Business Act shall not exceed a principal amount of
$12,000,000,000: Provided further, That the amounts appropriated in
the matter preceding the first proviso under this heading for the cost
of guaranteed loans as authorized by section 7(a) of the Small Business
Act, and the commitments for general business loans authorized by the
third proviso under this heading for such loans, shall not be available
for loans authorized under paragraph (36) of such section 7(a). In
addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $155,150,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $168,075,000
(increased by $1,000,000) (reduced by $1,000,000), to be available
until expended, of which $1,600,000 is for the Office of Inspector
General of the Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be transferred
to and merged with the appropriations for the Office of Inspector
General; of which $158,075,000 is for direct administrative expenses of
loan making and servicing to carry out the direct loan program, which
may be transferred to and merged with the appropriations for Salaries
and Expenses; and of which $8,400,000 is for indirect administrative
expenses for the direct loan program, which may be transferred to and
merged with the appropriations for Salaries and Expenses: Provided,
That, of the funds provided under this heading, $142,864,000 shall be
for major disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)):
Provided further, That the amount for major disasters under this
heading is designated by Congress as being for disaster relief pursuant
to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
administrative provisions--small business administration
(including transfers of funds)
Sec. 550. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 551. Not to exceed 3 percent of any appropriation made
available in this Act for the Small Business Administration under the
headings ``Salaries and Expenses'' and ``Business Loans Program
Account'' may be transferred to the Administration's information
technology system modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of the
National Defense Authorization Act for Fiscal Year 2018, for the
purposes specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts transferred to
the IT WCF under this section shall remain available for obligation
through September 30, 2024.
Sec. 552. Of the amounts appropriated in this Act under the
heading ``Salaries and Expenses'', $20,000,000 shall not be available
for obligation until the date that the Administrator certifies and
reports to the Committees on Appropriations of the House of
Representatives and the Senate that the Small Business Administration,
in consultation with the Comptroller General of the United States, has
established and issued agency-wide guidance with respect to relations
with the Government Accountability Office to specifically provide for:
(1) expedited timeframes for providing the Government Accountability
Office with access to records within 10 days after the date of request;
(2) expedited timeframes for interviews of program officials by the
Government Accountability Office; and (3) a significant streamlining of
the review process for documents and interview requests by liaisons,
counsel, and program officials, consistent with the objective that the
Government Accountability Office be given timely and complete access to
documents and agency officials.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone on free
and reduced rate mail, pursuant to subsections (c) and (d) of section
2401 of title 39, United States Code, $55,333,000 (increased by
$2,000,000): Provided, That mail for overseas voting and mail for the
blind shall continue to be free: Provided further, That 6-day delivery
and rural delivery of mail shall continue at not less than the 1983
level: Provided further, That none of the funds made available to the
Postal Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of any State
or local child support enforcement agency, or any individual
participating in a State or local program of child support enforcement,
a fee for information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds provided in
this Act shall be used to consolidate or close small rural and other
small post offices: Provided further, That the Postal Service may not
destroy, and shall continue to offer for sale, any copies of the
Multinational Species Conservation Funds Semipostal Stamp, as
authorized under the Multinational Species Conservation Funds
Semipostal Stamp Act of 2010 (Public Law 111-241).
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$258,180,000 (reduced by $1,000,000) (increased by $1,000,000), to be
derived by transfer from the Postal Service Fund and expended as
authorized by section 603(b)(3) of the Postal Accountability and
Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000 for
official reception and representation expenses; $57,026,000, of which
$1,000,000 shall remain available until expended: Provided, That
travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission of funds)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to a Government
employee would result in a decision, determination, rule, regulation,
or policy that would prohibit the enforcement of section 307 of the
Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with chapter 83 of title 41, United
States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2021, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or activity
for which funds have been denied or restricted by the Congress; (4)
proposes to use funds directed for a specific activity by the Committee
on Appropriations of either the House of Representatives or the Senate
for a different purpose; (5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by $5,000,000 or
10 percent, whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received from the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That prior to any significant reorganization,
restructuring, relocation, or closing of offices, programs, or
activities, each agency or entity funded in this Act shall consult with
the Committees on Appropriations of the House of Representatives and
the Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year: Provided further, That at a minimum the report shall
include: (1) a table for each appropriation, detailing both full-time
employee equivalents and budget authority, with separate columns to
display the prior year enacted level, the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions,
if appropriate, and the fiscal year enacted level; (2) a delineation in
the table for each appropriation and its respective prior year enacted
level by object class and program, project, and activity as detailed in
this Act, in the accompanying report, or in the budget appendix for the
respective appropriation, whichever is more detailed, and which shall
apply to all items for which a dollar amount is specified and to all
programs for which new budget authority is provided, as well as to
discretionary grants and discretionary grant allocations; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each
day after the required date that the report has not been submitted to
the Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2021 from appropriations made available for salaries
and expenses for fiscal year 2021 in this Act, shall remain available
through September 30, 2022, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program
established under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be available to
pay for an abortion, or the administrative expenses in connection with
any health plan under the Federal employees health benefits program
which provides any benefits or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the
purpose of enabling an officer or employee to attend and participate in
any meeting or similar function relating to the official duties of the
officer or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to regulation by
such agency or commission, unless the person or entity is an
organization described in section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act may be used
for the interagency funding and sponsorship of a joint advisory
committee to advise on emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of law, an
Executive agency covered by this Act otherwise authorized to enter into
contracts for either leases or the construction or alteration of real
property for office, meeting, storage, or other space must consult with
the General Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case of
succeeding leases, before entering into negotiations with the current
lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive agency
covered by this Act'' means any Executive agency provided funds by this
Act, but does not include the General Services Administration or the
United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C.
ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation
on the use of funds contained in this Act.
Sec. 620. None of the funds made available in this Act may be used
by the Federal Trade Commission to complete the draft report entitled
``Interagency Working Group on Food Marketed to Children: Preliminary
Proposed Nutrition Principles to Guide Industry Self-Regulatory
Efforts'' unless the Interagency Working Group on Food Marketed to
Children complies with Executive Order No. 13563.
Sec. 621. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) Amounts appropriated for any executive branch agency funded by
this Act that are available for information technology shall be
allocated within the agency, consistent with the provisions of
appropriations Acts and budget guidelines and recommendations from the
Director of the Office of Management and Budget, in such manner as
specified by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of the agency
and budget officials.
Sec. 622. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 623. None of the funds made available in this Act may be used
by a governmental entity to require the disclosure by a provider of
electronic communication service to the public or remote computing
service of the contents of a wire or electronic communication that is
in electronic storage with the provider (as such terms are defined in
sections 2510 and 2711 of title 18, United States Code) in a manner
that violates the Fourth Amendment to the Constitution of the United
States.
Sec. 624. None of the funds appropriated by this Act may be used
by the Federal Communications Commission to modify, amend, or change
the rules or regulations of the Commission for universal service high-
cost support for competitive eligible telecommunications carriers in a
way that is inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect on July
15, 2015: Provided, That this section shall not prohibit the
Commission from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 625. No funds provided in this Act shall be used to deny an
Inspector General funded under this Act timely access to any records,
documents, or other materials available to the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978, or to prevent or impede that Inspector
General's access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly refers
to the Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section shall
provide its Inspector General with access to all such records,
documents, and other materials in a timely manner. Each Inspector
General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. Each Inspector General covered by this
section shall report to the Committees on Appropriations of the House
of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Sec. 626. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, adjudication activities, or other law enforcement- or
victim assistance-related activity.
Sec. 627. None of the funds appropriated or other-wise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program and unless such awards or incentive fees are consistent
with 16.401(e)(2) of the Federal Acquisition Regulation.
Sec. 628. (a) None of the funds made available under this Act may
be used to pay for travel and conference activities that result in a
total cost to an Executive branch department, agency, board or
commission funded by this Act of more than $500,000 at any single
conference unless the agency or entity determines that such attendance
is in the national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate that includes the basis of that determination.
(b) None of the funds made available under this Act may be used to
pay for the travel to or attendance of more than 50 employees, who are
stationed in the United States, at any single conference occurring
outside the United States unless the agency or entity determines that
such attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
Sec. 629. None of the funds made available by this Act may be used
for first-class or business-class travel by the employees of executive
branch agencies funded by this Act in contravention of sections 301-
10.122 through 301-10.125 of title 41, Code of Federal Regulations.
Sec. 630. None of the funds made available by this Act may be
obligated on contracts in excess of $5,000 for public relations, as
that term is defined in Office and Management and Budget Circular A-87
(revised May 10, 2004), unless advance notice of such an obligation is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 631. None of the funds made available in this Act may be used
to penalize a financial institution solely because the institution
provides financial services to an entity that is a manufacturer, a
producer, or a person that participates in any business or organized
activity that involves handling hemp, hemp-derived cannabidiol
products, other hemp-derived cannabinoid products, marijuana, marijuana
products, or marijuana proceeds, and engages in such activity pursuant
to a law established by a State, political subdivision of a State, or
Indian Tribe. In this section, the term ``State'' means each of the
several States, the District of Columbia, and any territory or
possession of the United States.
Sec. 632. None of the funds made available in this or any other
Act may be used to propose, promulgate, or implement any rule,
principle, policy, standard, or guidance, or take any other action with
respect to, changing the 2017 methodology prescribed by the Office of
Management and Budget for determining the Official Poverty Measure.
Sec. 633. Of the unobligated balances available in the Department
of the Treasury, Treasury Forfeiture Fund, established by section 9703
of title 31, United States Code, $250,000,000 shall be permanently
rescinded not later than September 30, 2021.
Sec. 634. (a) None of the funds appropriated or otherwise made
available by this Act may be used to enter into any contract, grant, or
cooperative agreement with any entity in which a covered individual
directly or indirectly owns, controls, or holds not less than 20
percent, by vote or value, of the outstanding amount of any class of
equity interest in an entity. For the purposes of determining whether
the requirements of this subsection are met, the securities owned,
controlled, or held by two or more individuals who are related as
described in subsection (c) shall be aggregated.
(b) In this section, the term ``equity interest'' has the meaning
given such term in section 4019 of the CARES Act (Public Law 116-136).
(c) In this section, the term ``covered individual'' means the
President or Vice President or a family member (as that term is defined
in section 630.201(b) of title 5, Code of Federal Regulations) of the
President or Vice President.
Sec. 635. None of the funds made available by this or any other
Act (including prior Acts and Acts other than appropriations Acts) may
be obligated or expended to reorganize or transfer any function or
authority of the Office of Personnel Management to the General Services
Administration or to the Office of Management and Budget.
Sec. 636. None of the funds made available in this or any other
Act may be used by the Office of Personnel Management to enter into
interagency or service- level agreements with the General Services
Administration or the Office of Management and Budget exceeding
$100,000 in total unless, not later than 15 days before the date any
such agreement that would breach the $100,000 limitation is proposed to
be entered into, written notice describing the agreement is provided to
the Committees on Appropriations of the House of Representatives and
the Senate.
Sec. 637. None of the funds provided by this Act may be used by
the Federal Trade Commission or the Federal Communications Commission
to consider taking action, or to take any action, consistent with
Executive Order No. 13925 of May 28, 2020 (85 Fed. Reg. 34079), or to
seek comment on or otherwise take action on any petition for rulemaking
filed pursuant to such Executive order, or to interpret section 230 of
the Communications Decency Act in the manner described in section 2 of
such Executive order.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the United
States receiving appropriated funds under this or any other Act for
fiscal year 2021 shall obligate or expend any such funds, unless such
department, agency, or instrumentality has in place, and will continue
to administer in good faith, a written policy designed to ensure that
all of its workplaces are free from the illegal use, possession, or
distribution of controlled substances (as defined in the Controlled
Substances Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase of
any passenger motor vehicle (exclusive of buses, ambulances, law
enforcement vehicles, protective vehicles, and undercover surveillance
vehicles), is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles: Provided
further, That the limits set forth in this section may not be exceeded
by more than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid Vehicle
Research, Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be exceeded by
the incremental cost of clean alternative fuels vehicles acquired
pursuant to Public Law 101-549 over the cost of comparable
conventionally fueled vehicles: Provided further, That the limits set
forth in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel
cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer or
employee of the Government of the United States (including any agency
the majority of the stock of which is owned by the Government of the
United States) whose post of duty is in the continental United States
unless such person: (1) is a citizen of the United States; (2) is a
person who is lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
8 U.S.C. 1158 and has filed a declaration of intention to become a
lawful permanent resident and then a citizen when eligible; (4) is a
person who owes allegiance to the United States; or (5) is a person who
is authorized to be employed in the United States pursuant to the
Deferred Action for Childhood Arrivals program established under the
memorandum of the Secretary of Homeland Security dated June 15, 2012:
Provided, That for purposes of this section, affidavits signed by any
such person shall be considered prima facie evidence that the
requirements of this section with respect to his or her status are
being complied with: Provided further, That for purposes of
subsections (2) and (3) such affidavits shall be submitted prior to
employment and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a felony, and
upon conviction, shall be fined no more than $4,000 or imprisoned for
not more than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment made to
any officer or employee contrary to the provisions of this section
shall be recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who is an
officer or employee of the Government of the United States on the date
of enactment of this Act, or to international broadcasters employed by
the Broadcasting Board of Governors, or to temporary employment of
translators, or to temporary employment in the field service (not to
exceed 60 days) as a result of emergencies: Provided further, That
this section does not apply to the employment as Wildland firefighters
for not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service pursuant to an
agreement with another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13834
(May 17, 2018), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations
and agencies subject to chapter 91 of title 31, United States Code,
shall be available, in addition to objects for which such funds are
otherwise available, for rent in the District of Columbia; services in
accordance with 5 U.S.C. 3109; and the objects specified under this
head, all the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the Act by
which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees,
or similar groups (whether or not they are interagency entities) which
do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During the period in which the head of any department or
agency, or any other officer or civilian employee of the Federal
Government appointed by the President, holds office, no funds may be
obligated or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or employee, or
to purchase furniture or make improvements for any such office, unless
advance notice of such furnishing or redecoration is transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office'' shall
include the entire suite of offices assigned to the individual, as well
as any other space used primarily by the individual or the use of which
is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives
which benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the armed forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit any
of the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for
publicity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television,
or film presentation designed to support or defeat legislation pending
before the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address
to any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other
Act may be used to provide any non-public information such as mailing,
telephone, or electronic mailing lists to any person or any
organization outside of the Federal Government without the approval of
the Committees on Appropriations of the House of Representatives and
the Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, the head of each Executive department and agency is hereby
authorized to transfer to or reimburse ``General Services
Administration, Government-wide Policy'' with the approval of the
Director of the Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, including rebates
from charge card and other contracts: Provided, That these funds shall
be administered by the Administrator of General Services to support
Government-wide and other multi-agency financial, information
technology, procurement, and other management innovations, initiatives,
and activities, including improving coordination and reducing
duplication, as approved by the Director of the Office of Management
and Budget, in consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the President's
Management Council for overall management improvement initiatives, the
Chief Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for procurement
initiatives, and the Performance Improvement Council for performance
improvement initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to improve
coordination, reduce duplication, and for other activities related to
Federal Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations, initiatives,
and activities: Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-wide
Policy'' during fiscal year 2021 shall remain available for obligation
through September 30, 2022: Provided further, That such transfers or
reimbursements may only be made after 15 days following notification of
the Committees on Appropriations of the House of Representatives and
the Senate by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a woman may
breastfeed her child at any location in a Federal building or on
Federal property, if the woman and her child are otherwise authorized
to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of Management and
Budget shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to the
Committees on Appropriations, the House Committee on Science, Space,
and Technology, and the Senate Committee on Commerce, Science, and
Transportation 90 days after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publications
involving the distribution of Federal funds shall comply with any
relevant requirements in part 200 of title 2, Code of Federal
Regulations: Provided, That this section shall apply to direct
payments, formula funds, and grants received by a State receiving
Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government internet site of the agency;
or
(2) to enter into any agreement with a third party
(including another Government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental internet
site.
(b) Exceptions.--The limitations established in subsection (a)
shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an internet
site and is necessarily incident to providing the internet site
services or to protecting the rights or property of the
provider of the internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable standards
as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act may be
used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require coverage
of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with Office
of Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel
Management to add sections 300.311 through 300.316 to part 300 of title
5 of the Code of Federal Regulations, published in the Federal
Register, volume 68, number 174, on September 9, 2003 (relating to the
detail of executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no executive
branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary use
of additional facilities by lease, contract, or other agreement for
training which cannot be accommodated in existing Centers facilities.
Sec. 731. Unless otherwise authorized by existing law, none of the
funds provided in this or any other Act may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States, unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) In General.--None of the funds appropriated or
otherwise made available by this or any other Act may be used for any
Federal Government contract with any foreign incorporated entity which
is treated as an inverted domestic corporation under section 835(b) of
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During fiscal year 2021, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an
administrative expense under section 8348(a)(1)(B) of title 5,
United States Code.
Sec. 735. None of the funds made available in this or any other
Act may be used to pay for the painting of a portrait of an officer or
employee of the Federal Government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 736. (a)(1) Notwithstanding any other provision of law, and
except as otherwise provided in this section, no part of any of the
funds appropriated for fiscal year 2021, by this or any other Act, may
be used to pay any prevailing rate employee described in section
5342(a)(2)(A) of title 5, United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2021, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2021, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2021 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2021 under section 5304 of
such title (whether by adjustment or otherwise), and
the overall average percentage of such payments which
was effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is
in effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to an
employee who is covered by this subsection and who is paid from a
schedule not in existence on September 30, 2020, shall be determined
under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium
pay for employees subject to this subsection may not be changed from
the rates in effect on September 30, 2020, except to the extent
determined by the Office of Personnel Management to be consistent with
the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2020.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the rate
of salary or basic pay payable after the application of this subsection
shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a
rate in excess of the rate that would be payable were this subsection
not in effect.
(8) The Office of Personnel Management may provide for exceptions
to the limitations imposed by this subsection if the Office determines
that such exceptions are necessary to ensure the recruitment or
retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of
basic pay for the statutory pay systems that take place in fiscal year
2021 under sections 5344 and 5348 of title 5, United States Code, shall
be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That prevailing
rate employees at locations where there are no employees whose
pay is increased pursuant to sections 5303 and 5304 of title 5,
United States Code, and prevailing rate employees described in
section 5343(a)(5) of title 5, United States Code, shall be
considered to be located in the pay locality designated as
``Rest of United States'' pursuant to section 5304 of title 5,
United States Code, for purposes of this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2020.
Sec. 737. (a) The head of any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act shall submit annual reports to the Inspector General or senior
ethics official for any entity without an Inspector General, regarding
the costs and contracting procedures related to each conference held by
any such department, agency, board, commission, or office during fiscal
year 2021 for which the cost to the United States Government was more
than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to
and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted
by the departmental component or office in evaluating
potential contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending a conference held by any Executive branch department, agency,
board, commission, or office funded by this or any other appropriations
Act during fiscal year 2021 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by this or
any other appropriations Act may not be used for the purpose of
defraying the costs of a conference described in subsection (c) that is
not directly and programmatically related to the purpose for which the
grant or contract was awarded, such as a conference held in connection
with planning, training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M-12-12 dated May 11, 2012 or any subsequent revisions to
that memorandum.
Sec. 738. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce
funding for a program, project, or activity as proposed in the
President's budget request for a fiscal year until such proposed change
is subsequently enacted in an appropriation Act, or unless such change
is made pursuant to the reprogramming or transfer provisions of this or
any other appropriations Act.
Sec. 739. None of the funds made available by this or any other
Act may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
20180 et seq.).
Sec. 740. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 741. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that requires employees
or contractors of such entity seeking to report fraud, waste, or abuse
to sign internal confidentiality agreements or statements prohibiting
or otherwise restricting such employees or contractors from lawfully
reporting such waste, fraud, or abuse to a designated investigative or
law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 742. (a) No funds appropriated in this or any other Act may be
used to implement or enforce the agreements in Standard Forms 312 and
4414 of the Government or any other nondisclosure policy, form, or
agreement if such policy, form, or agreement does not contain the
following provisions: ``These provisions are consistent with and do not
supersede, conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to Congress,
(3) the reporting to an Inspector General of a violation of any law,
rule, or regulation, or mismanagement, a gross waste of funds, an abuse
of authority, or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'': Provided,
That notwithstanding the preceding provision of this section, a
nondisclosure policy form or agreement that is to be executed by a
person connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the United
States Government, may contain provisions appropriate to the particular
activity for which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose any
classified information received in the course of such activity unless
specifically authorized to do so by the United States Government. Such
nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 743. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and
administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a Federal
agency has considered suspension or debarment of the corporation and
has made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 744. None of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further action is
not necessary to protect the interests of the Government.
Sec. 745. (a) During fiscal year 2021, on the date on which a
request is made for a transfer of funds in accordance with section 1017
of Public Law 111-203, the Bureau of Consumer Financial Protection
shall notify the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives, and the Committee on Banking, Housing,
and Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public website.
Sec. 746. If, for fiscal year 2021, new budget authority provided
in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the
discretionary spending limit in such category for fiscal year 2021
shall be made by the Director of the Office of Management and Budget in
the amount of the excess but the total of all such adjustments shall
not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
Sec. 747. (a) Notwithstanding the official rate adjusted under
section 104 of title 3, United States Code, the rate payable to the
Vice President during calendar year 2021 shall be the rate payable to
the Vice President on December 31, 2019, by operation of section 749 of
division D of Public Law 116-6.
(b) Notwithstanding the official rate adjusted under section 5318
of title 5, United States Code, or any other provision of law, the
payable rate during calendar year 2021 for an employee serving in an
Executive Schedule position, or in a position for which the rate of pay
is fixed by statute at an Executive Schedule rate, shall be the rate
payable for the applicable Executive Schedule level on December 31,
2019, by operation of section 749 of division D of Public Law 116-6.
Such an employee may not receive a pay rate increase during calendar
year 2021, except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act of 1980
(Public Law 96-465) or any other provision of law, a chief of mission
or ambassador at large is subject to subsection (b) in the same manner
as other employees who are paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive
Service paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule;
or
(B) a limited term appointee or limited emergency
appointee in the Senior Executive Service serving under
a political appointment and paid a rate of basic pay at
or above the official rate for level IV of the
Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1) may
not receive a pay rate increase during calendar year 2021,
except as provided in subsection (i).
(e) Notwithstanding any other provision of law, any employee paid a
rate of basic pay (including any locality-based payments under section
5304 of title 5, United States Code, or similar authority) at or above
the official rate for level IV of the Executive Schedule who serves
under a political appointment may not receive a pay rate increase
during calendar year 2021, except as provided in subsection (i). This
subsection does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, to employees appointed under
section 3161 of title 5, United States Code, or to employees in another
pay system whose position would be classified at GS-15 or below if
chapter 51 of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) This section does not apply to an individual who makes an
election to retain Senior Executive Service basic pay under section
3392(c) of title 5, United States Code, for such time as that election
is in effect.
(h) This section does not apply to an individual who makes an
election to retain Senior Foreign Service pay entitlements under
section 302(b) of the Foreign Service Act of 1980 (Public Law 96-465)
for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position only if that new position has
higher-level duties and a pre-established level or range of pay higher
than the level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay and
applicable limitations on payable rates of pay in effect on December
31, 2019, by operation of section 749 of division D of Public Law 116-
6.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable limitations on payable rates of pay in
effect on December 31, 2019, by operation of section 749 of division D
of Public Law 116-6.
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2021 but ends in
calendar year 2022, the bar on the employee's receipt of pay rate
increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered position''
means a position occupied by an employee whose pay is restricted under
this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2021.
Sec. 748. During the current fiscal year--
(1) With respect to budget authority proposed to be rescinded or
that is set to be reserved or proposed to be deferred in a special
message transmitted under section 1012 or 1013 of the Congressional
Budget and Impoundment Control Act of 1974, such budget authority--
(A) shall be made available for obligation in sufficient
time to be prudently obligated as required under section
1012(b) or 1013 of such Act; and
(B) may not be deferred or otherwise withheld from
obligation during the 90-day period before the expiration of
the period of availability of such budget authority, including,
if applicable, the 90-day period before the expiration of an
initial period of availability for which such budget authority
was provided.
(2) With respect to an apportionment of an appropriation made
pursuant to section 1513(b) of title 31, United States Code, an
appropriation (as that term is defined in section 1511 of title 31,
United States Code) shall be apportioned--
(A) to make available all amounts for obligation in
sufficient time to be prudently obligated; and
(B) to make available all amounts for obligation, without
precondition or limitation (including footnotes) that shall be
met prior to obligation, not later than 90 days before the
expiration of the period of availability of such appropriation,
including, if applicable, 90 days before the expiration of an
initial period of availability for which such appropriation was
provided.
(3) As used in this section, the term ``budget authority'' includes
budget authority made available by this or any other Act, by prior
appropriations Acts, or by any law other than an appropriations Act.
(4)(A) The Comptroller General shall review compliance with this
section and shall submit to the Committees on Appropriations and the
Budget, and any other appropriate congressional committees of the House
of Representatives and Senate a report, and any relevant information
related to the report, on any noncompliance with this section or the
Impoundment Control Act of 1974.
(B) The President or the head of the relevant department or
agency of the United States shall provide information,
documentation, and views to the Comptroller General, as is
determined by the Comptroller General to be necessary to
determine such compliance, not later than 20 days after the
date on which the request from the Comptroller General is
received, or if the Comptroller General determines that a
shorter or longer period is appropriate based on the specific
circumstances, within such shorter or longer period.
(C) To carry out the responsibilities of this section and
the Impoundment Control Act of 1974, the Comptroller General
shall also have access to interview the officers, employees,
contractors, and other agents and representatives of a
department, agency, or office of the United States at any
reasonable time as the Comptroller General may request.
(5)(A) An officer or employee of the Executive Branch of the United
States Government violating this section shall be subject to
appropriate administrative discipline including, when circumstances
warrant, suspension from duty without pay or removal from office.
(B) In the event of a violation of this section or the
Impoundment Control Act of 1974, or in the case that the
Government Accountability Office issues a legal decision
concluding that a department, agency, or office of the United
States violated this section or the Impoundment Control Act of
1974, the President or the head of the relevant department or
agency as the case may be, shall report immediately to the
Congress all relevant facts and a statement of actions taken:
Provided, That a copy of each report shall also be transmitted
to the Comptroller General and the relevant inspector general
on the same date the report is transmitted to the Congress.
(C) Any such report shall include a summary of the facts
pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund account,
the amount involved for each violation, the date on which the
violation occurred, the position of any individuals responsible
for the violation, a statement of the administrative discipline
imposed and any further action taken with respect to any
officer or employee involved in the violation, and a statement
of any additional action taken to prevent recurrence of the
same type of violation: Provided, That in the case that the
Government Accountability Office issues a legal decision
concluding that a department, agency, or office of the United
States violated this section and the relevant department,
agency, or office does not agree that a violation has occurred,
the report provided to Congress, the Comptroller General, and
relevant inspector general will explain such department,
agency, or office's position.
(D) If the report identifies the position of any officer or
employee as involved in the violation, such officer or employee
shall be provided a reasonable opportunity to respond in
writing, and any such response shall be appended to the report.
Sec. 749. (a) If an executive agency or the District of Columbia
government receives a written request for information, documentation,
or views from the Government Accountability Office relating to a
decision or opinion on budget or appropriations law, the executive
agency or the District of Columbia government shall provide the
requested information, documentation, or views not later than 20 days
after receiving the written request, unless such written request
specifically provides otherwise.
(b) If an executive agency or the District of Columbia government
fails to respond to the request for information, documentation, or
views within the time required by this section--
(1) the Comptroller General shall notify, in writing, the
Committee on Oversight and Reform of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and any other appropriate
congressional committee of the House of Representatives and the
Senate of such failure; and
(2) the Comptroller General is hereby expressly empowered,
through attorneys of their own selection, to bring a civil
action in the United States District Court for the District of
Columbia to require such information, documentation, or views
to be produced, and such court is expressly empowered to enter
in such civil action, against any department, agency, officer,
or employee of the United States, any decree, judgment, or
order which may be necessary or appropriate to require such
production.
(c) If the Government Accountability Office determines that an
officer or employee of an executive agency or an officer or employee of
the District of Columbia government has violated section 1341(a), 1342,
or 1517(a) of title 31, United States Code, the head of the agency or
the Mayor of the District of Columbia, as the case may be, shall report
immediately to the President and Congress all relevant facts and a
statement of actions taken: Provided, That a copy of each report shall
also be transmitted to the Comptroller General on the same date the
report is transmitted to the President and Congress: Provided further,
That any such report shall include a summary of the facts pertaining to
the violation, the title and Treasury Appropriation Fund Symbol of the
appropriation or fund account, the amount involved for each violation,
the date on which the violation occurred, the position of any officer
or employee responsible for the violation, a statement of the
administrative discipline imposed and any further action taken with
respect to any officer or employee involved in the violation, a
statement of any additional action taken to prevent recurrence of the
same type of violation, a statement of any determination that the
violation was not knowing and willful that has been made by the
executive agency or District of Columbia government, and any written
response by any officer or employee identified by position as involved
in the violation: Provided further, That in the case that the
Government Accountability Office issues a legal decision concluding
that section 1341(a), 1342, or 1517(a) of title 31, United States Code
was violated, and the executive agency or District of Columbia
government, as applicable, does not agree that a violation has
occurred, the report provided to the President, the Congress, and the
Comptroller General will explain its position.
Sec. 750. (a) Each department or agency of the executive branch of
the United States Government shall notify the Committees on
Appropriations and the Budget of the House of Representatives and the
Senate and any other appropriate congressional committees if--
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such appropriation
or the execution of a program, project, or activity by such
department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information identifying the
bureau, account name, appropriation name, and Treasury Appropriation
Fund Symbol or fund account.
Sec. 751. (a) None of the funds made available by this or any other
Act may be used to administer, implement, or enforce any collective
bargaining agreement, or any article or any term of any collective
bargaining agreement under chapter 71 of title 5, United States Code,
with an effective date after April 30, 2019, that--
(1) was not mutually and voluntarily agreed to by all
parties to the agreement; or
(2) was not ordered following the completion of binding
arbitration pursuant to section 7119(b)(2) of title 5, United
States Code.
(b) Any collective bargaining agreement that was in effect before
April 30, 2019, or that expired before April 30, 2019, without a new
agreement having been executed, shall remain in full force and effect
until a new collective bargaining agreement reached through mutual and
voluntary agreement, or ordered following the completion of binding
arbitration pursuant to such section 7119(b)(2), becomes effective.
Sec. 752. No funds appropriated by this or any other Act may be
used to exclude, or to implement the exclusion of, any department,
agency, or activity or subdivision thereof, from coverage under the
Federal Service Labor-Management Relations Statute pursuant to section
7103(b)(1) or section 7103(b)(2) of title 5, United States Code.
Sec. 753. None of the funds made available by this or any other
Act may be used to prevent Federal workers from--
(1) using official time for union activities;
(2) teleworking for telework deemed positions or when the
health or safety of an employee is in question; or
(3) denying unions space in Federal buildings.
Sec. 754. (a) Establishment.--There is hereby established the
Commission on Federal Naming and Displays (hereafter referred to as the
``Commission'').
(b) Duties.--
(1) Development of list.--Not later than 180 days after the
day by which all of its members have been appointed, the
Commission, with input from the general public, shall develop
and publish a list of property names, monuments, statues,
public artworks, historical markers, and other symbols owned by
the Federal Government or located on property owned by the
Federal Government (including the legislative branch and the
judicial branch) which the Commission identifies as
inconsistent with the values of diversity, equity, and
inclusion, including those that do not represent the
demographic diversity and history of the community.
(2) Recommendations.--Not later than 180 days after
publishing the list under paragraph (1), and after holding not
fewer than two public meetings, the Commission shall submit to
the President and Congress a report containing the following
information:
(A) A recommendation regarding whether each
property name, monument, statue, public artwork,
historical marker, or other symbol on the list
developed under paragraph (1) should remain unchanged
or should be renamed or removed.
(B) Supporting materials and context information
for each recommendation under subparagraph (A).
(C) Such other recommendations as the Commission
may consider appropriate, including recommendations for
educational programs, supplemental historical markers,
or other activities to promote diversity, equity, and
inclusion and to promote national reconciliation.
(3) Separate views of members.--The Commission may include
in the report submitted under paragraph (2) supplemental or
dissenting recommendations from individual members of the
Commission.
(c) Membership.--
(1) Appointment.--The Commission shall consist of the
following:
(A) Two members appointed by the President.
(B) Two members appointed by the Speaker of the
House of Representatives.
(C) Two members appointed by the Majority Leader of
the Senate.
(D) One member appointed by the Minority Leader of
the House of Representatives.
(E) One member appointed by the Minority Leader of
the Senate.
(F) Each of the following individuals:
(i) The Secretary of the Smithsonian
Institution.
(ii) The Historian of the House of
Representatives.
(iii) The Historian of the Senate.
(2) Qualifications.--Each member of the Commission
appointed under subparagraphs (A) through (E) of paragraph (1)
shall have 10 or more years of educational and professional
experience in one or more of the following disciplines:
(A) History.
(B) Art and antiquities.
(C) Historic preservation.
(D) Cultural heritage.
(E) Education.
(3) No compensation for service; travel expenses.--Members
of the Commission shall serve without pay, but each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--The members of the
Commission shall be appointed not later than 45 days after the
date of the enactment of this Act.
(5) Co-chairs.--Not later than 10 days after the first
meeting of the Commission, the members of the Commission shall
select two co-chairs from among the members.
(d) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate, except that the Commission
shall hold its initial meeting not later than 10 days after the
day by which all of its members have been appointed.
(2) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out its duties.
Upon request of the Commission, the head of that department or
agency shall furnish that information to the Commission.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Commission, the Librarian of Congress shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
(5) Staff of federal agencies.--Upon the request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties. Any
personnel detailed to the Commission under this paragraph may
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(6) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
goods and services, without regard to section 6101 of title 41,
United States Code.
(e) Funding.--There is appropriated to carry out this section
$1,500,000, to remain available until expended.
(f) Termination.--The Commission shall terminate 60 days after
submitting the report under subsection (b)(2).
Sec. 755. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sec. 801. None of the Federal funds provided under this Act to the
agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2021, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
Sec. 802. None of the Federal funds available for obligation or
expenditure by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 803. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so
provided herein.
Sec. 804. Except as otherwise specifically provided by law or
under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2021 from appropriations
of Federal funds made available for salaries and expenses for fiscal
year 2021 in this Act, shall remain available through September 30,
2022, for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on Appropriations
of the House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these requests
shall be made in compliance with reprogramming guidelines outlined in
section 801 of this Act.
Sec. 805. (a)(1) During fiscal year 2022, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2022 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion
of the annual budget for the District of Columbia government for fiscal
year 2022 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2022 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2022.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by
this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2022 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2022 if any other provision of law (other
than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia mandated by
other law.
Sec. 806. (a) Section 3(c)(2)(G) of the District of Columbia
College Access Act of 1999 (sec. 38-2702(c)(2)(G), D.C. Official Code)
is amended to read as follows:
``(G) is from a family with a taxable annual income
of less than the applicable family income limit, as
defined in paragraph (7).''.
(b) Section 3(c) of such Act (sec. 38-2702(c), D.C. Official Code)
is amended by adding at the end the following new paragraph:
``(7) Applicable family income limit.--The term `applicable
family income limit' means, with respect to an individual, the
following:
``(A) In the case of an individual who began an
undergraduate course of study prior to school year
2015-2016, $1,000,000.
``(B) In the case of an individual who begins an
undergraduate course of study in school year 2016-2017,
$750,000.
``(C) In the case of an individual who begins an
undergraduate course of study in school year 2017-2018
or school year 2018-2019, the applicable family income
limit under this paragraph for an individual who began
an undergraduate course of study in the previous school
year, adjusted by the Mayor for inflation, as measured
by the percentage increase, if any, from the preceding
fiscal year in the Consumer Price Index for All Urban
Consumers, published by the Bureau of Labor Statistics
of the Department of Labor.
``(D) In the case of an individual who begins an
undergraduate course of study in school year 2019-2020,
$500,000.
``(E) In the case of an individual who begins an
undergraduate course of study in school year 2020-2021,
the amount described in subparagraph (D), adjusted by
the Mayor for inflation, as measured by the percentage
increase, if any, from the preceding fiscal year in the
Consumer Price Index for All Urban Consumers, published
by the Bureau of Labor Statistics of the Department of
Labor.
``(F) In the case of an individual who begins an
undergraduate course of study in school year 2021-2022,
$750,000.
``(G) In the case of an individual who begins an
undergraduate course of study in school year 2022-2023
or any succeeding school year, the applicable family
income limit under this paragraph for an individual who
began an undergraduate course of study in the previous
school year, adjusted by the Mayor for inflation, as
measured by the percentage increase, if any, from the
preceding fiscal year in the Consumer Price Index for
All Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor.''.
(c) The amendments made by this section shall take effect as if
included in the enactment of the Financial Services and General
Government Appropriations Act, 2019 (division D of Public Law 116-6).
Sec. 807. Nothing in this Act may be construed to prevent the
Council or Mayor of the District of Columbia from addressing the issue
of the provision of contraceptive coverage by health insurance plans,
but it is the intent of Congress that any legislation enacted on such
issue should include a ``conscience clause'' which provides exceptions
for religious beliefs and moral convictions.
Sec. 808. (a) Section 244 of the Revised Statutes of the United
States relating to the District of Columbia (sec. 9-1201.03, D.C.
Official Code) does not apply with respect to any railroads installed
pursuant to the Long Bridge Project.
(b) In this section, the term ``Long Bridge Project'' means the
project carried out by the District of Columbia and the Commonwealth of
Virginia to construct a new Long Bridge adjacent to the existing Long
Bridge over the Potomac River, including related infrastructure and
other related projects, to expand commuter and regional passenger rail
service and to provide bike and pedestrian access crossings over the
Potomac River.
Sec. 809. No services may be made available in accordance with
section 740(a) of the District of Columbia Home Rule Act (sec. 1-
207.40(a), D.C. Official Code) at any time during fiscal year 2021.
Sec. 810. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
TITLE IX
INFRASTRUCTURE
Federal Communications Commission
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$40,000,000, to remain available until September 30, 2025, for
implementing title VIII of the Communications Act of 1934 (47 U.S.C.
641 et seq.), as added by the Broadband DATA Act (Public Law 116-130):
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
secure and trusted communications networks reimbursement program
For the ``Secure and Trusted Communications Networks Reimbursement
Program'', as authorized by section 4 of the Secure and Trusted
Communications Networks Act of 2019 (Public Law 116-124; 47 U.S.C.
1603), $1,000,000,000, to remain available until September 30, 2025:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
broadband infrastructure grants
For payments by the Federal Communications Commission to providers
of broadband internet access service to expand availability of such
service to unserved areas, underserved areas, and unserved anchor
institutions, $60,000,000,000 (increased by $1,000,000), to remain
available until September 30, 2025: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
General Services Administration
real property activities
federal buildings fund
(including transfer of funds)
In addition to amounts that are otherwise available for real
property management and related activities, for an additional amount to
be deposited in the ``Federal Buildings Fund'', $5,990,000,000, to
carry out the purposes of the Fund, of which--
(1) $2,800,000,000 (reduced by $90,000,000) (increased by
$90,000,000) shall be available for border stations and land
ports of entry;
(2) $1,000,000,000 shall be available for acquisition and
construction (including sites and expenses, and associated
design and construction services) of Federal buildings and
United States courthouses, including annexes, expansions, or
similar additions;
(3) $1,000,000,000 shall be for repairs and alterations to
facilitate converting General Services Administration
facilities to ``high-performance green buildings'', as the term
is defined in section 401 of the Energy Independence and
Security Act of 2007 (Public Law 110-140); and
(4) $940,000,000 shall be available for repairs and
alterations:
Provided, That not to exceed $110,000,000 of the amounts provided
under this heading shall be available without regard to fiscal year
limitations and may be expended for rental of space, related to leasing
of temporary space in connection with projects funded under this
heading: Provided further, That not to exceed $130,000,000 of the
amounts provided under this heading shall be available without regard
to fiscal year limitations and may be expended in the building
operations account, for the costs of completing and supporting the
projects funded under this heading: Provided further, That not less
than $10,000,000 of the funds provided shall be for on-the-job pre-
apprenticeship and apprenticeship training programs registered with the
Department of Labor, for the construction, repair, and alteration of
Federal buildings: Provided further, That not less than $3,000,000,000
of the funds provided under this heading shall be obligated by
September 30, 2022, and the remainder of the funds provided under this
heading shall be available until September 30, 2024: Provided further,
That the Administrator of General Services is authorized to initiate
design, construction, repair, alteration, and other projects through
existing authorities of the Administrator: Provided further, That none
of the funds in this paragraph may be used to initiate design,
construction, repair, alteration, and other projects in the National
Capital Region: Provided further, That the General Services
Administration shall submit a detailed plan, by project, regarding the
use of funds made available in this Act to the Committees on
Appropriations of the House of Representatives and the Senate within 45
days of enactment of this Act, and update on a quarterly basis
thereafter if there any changes: Provided further, That, hereafter,
the Administrator shall report to the Committees on the obligation of
these funds on a quarterly basis beginning with the end of the first
quarter after the initial plan is submitted: Provided further, That
amounts provided under this heading that are savings or cannot be used
for the activity for which originally obligated may be de-obligated
and, notwithstanding any other provision of law, re-obligated for the
purposes identified in the plan required under this heading not less
than 15 days after notification has been provided to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That funds in the Federal Buildings Fund made
available in this Act for Federal Buildings Fund activities may be
transferred between activities only to the extent necessary to meet
program requirements: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
office of inspector general
For an additional amount for the ``Office of Inspector General'',
to remain available until September 30, 2026, for oversight and audit
of programs, grants, and projects funded under this title, $10,000,000:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
support for a robust global response to the covid-19 pandemic
Sec. 901. (a) United States Policies at the International Financial
Institutions.--
(1) In general.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act (22
U.S.C. 262r(c)(2))) to use the voice and vote of the United
States at the respective institution--
(A) to seek to ensure adequate fiscal space for
world economies in response to the global coronavirus
disease 2019 (commonly referred to as ``COVID-19'')
pandemic through--
(i) the suspension of all debt service
payments to the institution; and
(ii) the relaxation of fiscal targets for
any government operating a program supported by
the institution, or seeking financing from the
institution, in response to the pandemic;
(B) to oppose the approval or endorsement of any
loan, grant, document, or strategy that would lead to a
decrease in health care spending or in any other
spending that would impede the ability of any country
to prevent or contain the spread of, or treat persons
who are or may be infected with, the SARS-CoV-2 virus;
and
(C) to require approval of all Special Drawing
Rights allocation transfers from wealthier member
countries to countries that are emerging markets or
developing countries, based on confirmation of
implementable transparency mechanisms or protocols to
ensure the allocations are used for the public good and
in response the global pandemic.
(2) IMF issuance of special drawing rights.--It is the
policy of the United States to support the issuance of a
special allocation of not less than 2,000,000,000,000 Special
Drawing Rights so that governments are able to access
additional resources to finance their responses to the global
COVID-19 pandemic. The Secretary of the Treasury shall use the
voice and vote of the United States to support the issuance,
and shall instruct the United States Executive Director at the
International Monetary Fund to support the same.
(3) Allocation of u.s. special drawing rights.--It is also
the policy of the United States, which has large reserves and
little use for its Special Drawing Rights, to contribute a
significant portion its current stock, and any future
allocation of, Special Drawing Rights to the Poverty Reduction
and Growth Facility (PRGF) or a similar special purpose vehicle
at the International Monetary Fund to help developing and low-
income countries respond to the health and economic impacts of
the COVID-19 pandemic.
(4) The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund to
use the voice and vote of the United States to actively promote
and take all appropriate actions with respect to implementing
the policy goals of the United States set forth in paragraphs
(2) and (3), and shall post the instruction on the website of
the Department of the Treasury.
(b) United States Policy at the G20.--The Secretary of the Treasury
shall commence immediate efforts to reach an agreement with the Group
of Twenty to extend through the end of 2021 the current moratorium on
debt service payments to official bilateral creditors by the world's
poorest countries.
(c) Report Required.--The Chairman of the National Advisory Council
on International Monetary and Financial Policies shall include in the
annual report required by section 1701 of the International Financial
Institutions Act (22 U.S.C. 262r) a description of progress made toward
advancing the policies described in subsection (a) of this section.
(d) Termination.--Subsections (a) and (c) shall have no force or
effect after the earlier of--
(1) the date that is 1 year after the date of the enactment
of this Act; or
(2) the date that is 30 days after the date on which the
Secretary of the Treasury submits to the Committee on Foreign
Relations of the Senate and the Committee on Financial Services
of the House of Representatives a report stating that the SARS-
CoV-2 virus is no longer a serious threat to public health in
any part of the world.
Sec. 902. None of the funds made available by this Act may be used
in violation of section 102-38.75(a)(12) of title 41, Code of Federal
Regulations.
Sec. 903. None of the funds made available by this Act may be used
by the United States Postal Service to implement the Expedited to
Street/Afternoon Sortation pilot program or to make any change to
service or operations standards as in effect on July 31, 2020.
Sec. 904. None of the funds appropriated by this Act may be used
to enforce section 540 of Public Law 110-329 (122 Stat. 3688) or
section 538 of Public Law 112-74 (125 Stat. 976; 6 U.S.C. 190 note).
Sec. 905. None of the funds made available by this Act may be used
in contravention of section 2635.702 of title 5, Code of Federal
Regulations.
Sec. 906. None of the funds made available by this Act may be used
to implement, administer, or enforce the amendments to section 240.14a-
1(l), 240.14a-2, or 240.14a-9 of title 17, Code of Federal Regulations,
that were adopted by the Securities and Exchange Commission on July 22,
2020.
Sec. 907. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to enter into any new
contract, grant, or cooperative agreement with any entity listed in
subsection (b).
(b) The entities listed in this subsection are the following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
Cleveland, MS
WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
Livingston, NJ Turnberry, Scotland York, NY
4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
DIVISION E--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2021, and for other purposes, namely:
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA'') and the National
Apprenticeship Act, $3,696,700,000, plus reimbursements, shall be
available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,869,832,000 as follows:
(A) $864,649,000 for adult employment and training
activities, of which $152,649,000 shall be available
for the period July 1, 2021 through June 30, 2022, and
of which $712,000,000 shall be available for the period
October 1, 2021 through June 30, 2022;
(B) $925,130,000 for youth activities, which shall
be available for the period April 1, 2021 through June
30, 2022; and
(C) $1,080,053,000 for dislocated worker employment
and training activities, of which $220,053,000 shall be
available for the period July 1, 2021 through June 30,
2022, and of which $860,000,000 shall be available for
the period October 1, 2021 through June 30, 2022:
Provided, That the funds available for allotment to outlying
areas to carry out subtitle B of title I of the WIOA shall not
be subject to the requirements of section 127(b)(1)(B)(ii) of
such Act: Provided further, That notwithstanding the
requirements of the WIOA, the Secretary may waive certain
requirements to permit the outlying areas to submit a single
application for a consolidated grant that awards funds that
would otherwise be available to such areas to carry out the
activities described in subtitle B of title I of the WIOA:
Provided further, That upon receipt of a waiver, an application
shall be submitted to the Secretary at such time, in such
manner and containing respective spending plans with a funding
floor for each program and activity authorized under such
subtitle B of title I of the WIOA as the Secretary may require:
Provided further, That outlying areas awarded a consolidated
grant described in the preceding provisos may use identified
excess funding above the funding floor for each activity for
any of the other programs and activities authorized under such
subtitle B of title I of the WIOA subject to such reporting
requirements issued by the Secretary; and
(2) for national programs, $826,868,000 as follows:
(A) $280,859,000 for the dislocated workers
assistance national reserve, of which $80,859,000 shall
be available for the period July 1, 2021 through
September 30, 2022, and of which $200,000,000 shall be
available for the period October 1, 2021 through
September 30, 2022: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used
to provide assistance to a State for statewide or local
use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and
train such eligible dislocated workers: Provided
further, That funds provided to carry out sections
168(b) and 169(c) of the WIOA may be used for technical
assistance and demonstration projects, respectively,
that provide assistance to new entrants in the
workforce and incumbent workers: Provided further,
That notwithstanding section 168(b) of the WIOA, of the
funds provided under this subparagraph, the Secretary
of Labor (referred to in this title as ``Secretary'')
may reserve not more than 10 percent of such funds to
provide technical assistance and carry out additional
activities related to the transition to the WIOA:
Provided further, That of the funds provided under this
subparagraph, $50,000,000 shall be for training and
employment assistance under sections 168(b), 169(c)
(notwithstanding the 10 percent limitation in such
section) and 170 of the WIOA for the purpose of
developing, offering, or improving educational or
career training programs at community colleges, defined
as public institutions of higher education, as
described in section 101(a) of the Higher Education Act
of 1965 and at which the associate's degree is
primarily the highest degree awarded, with other
eligible institutions of higher education, as defined
in section 101(a) of the Higher Education Act of 1965,
eligible to participate through consortia, with
community colleges as the lead grantee: Provided
further, That the Secretary shall follow the
requirements for the program in House Report 116-62:
Provided further, That any grant funds used for
apprenticeships shall be used to support only
apprenticeship programs registered under the National
Apprenticeship Act and as referred to in section
3(7)(B) of the WIOA: Provided further, That the
Department shall issue a Solicitation for Grant
Applications (SGA) within 120 days of enactment of this
Act: Provided further, That the funds made available
in this title under the heading ``DEPARTMENTAL
MANAGEMENT'' for Executive Direction shall be reduced
by $100,000 for each day the SGA is not issued beyond
the 120 day requirement and such funds shall be
rescinded in the amount for each such reduction:
Provided further, That the reduction required by the
preceding proviso shall be taken only from the
``Executive Direction'' line in the table at the end of
the committee report accompanying this Act;
(B) $55,500,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2021 through June 30, 2022;
(C) $95,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$88,938,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $6,389,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $569,000 for other
discretionary purposes, which shall be available for
the period April 1, 2021 through June 30, 2022:
Provided, That notwithstanding any other provision of
law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance
services or discouraging grantees from providing such
services: Provided further, That notwithstanding the
definition of ``eligible seasonal farmworker'' in
section 167(i)(3) of the WIOA, an individual is
eligible for migrant and seasonal farmworker programs
under section 167 of the WIOA if such individual is a
member of a family with a total family income equal to
or less than 150 percent of the poverty line;
(D) $100,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2021 through June 30,
2022;
(E) $103,079,000 for ex-offender activities, under
the authority of section 169 of the WIOA, which shall
be available for the period April 1, 2021 through June
30, 2022: Provided, That of this amount, $25,000,000
shall be for competitive grants to national and
regional intermediaries for activities that prepare for
employment young adults with criminal records or young
adults who have been justice system-involved or who
have dropped out of school or other educational
programs, with a priority for projects serving high-
crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2021 through June 30, 2022; and
(G) $185,000,000 to expand opportunities through
apprenticeships only registered under the National
Apprenticeship Act and as referred to in section
3(7)(B) of the WIOA, to be available to the Secretary
to carry out activities through grants, cooperative
agreements, contracts and other arrangements, with
States and other appropriate entities, including equity
intermediaries and business and labor industry partner
intermediaries, which shall be available for the period
July 1, 2021 through June 30, 2022: Provided, That of
the funds provided to carry out this subparagraph, not
less than 20 percent shall be for making competitive
contracts, grants, and cooperative agreements to
national apprenticeship intermediaries, not less than
20 percent shall be for competitive contracts, grants,
and cooperative agreements to local apprenticeship
intermediaries, and not less than 50 percent shall be
used to fund grants to States: Provided further, That
the Secretary shall require any information publicly
disclosed related to the credentials and competencies
earned through registered apprenticeships, including
through Apprenticeship.gov, its successor website or
any data or website published by the Secretary for a
similar function, to be published using an open source
description language that is designed to allow for
public search and comparison of such data. Such
information may be published through open data formats
such as the credential transparency description
language specifications or a substantially similar
approach.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training
centers as authorized by the WIOA, $1,755,655,000, plus reimbursements,
as follows:
(1) $1,603,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2021 through June 30, 2022;
(2) $120,000,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2021 through June 30, 2024, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, That any funds transferred pursuant to the preceding
provision shall not be available for obligation after June 30,
2022: Provided further, That the Committees on Appropriations
of the House of Representatives and the Senate are notified at
least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1,
2020 through September 30, 2021:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ``OAA''), $410,000,000, which shall be available for
the period April 1, 2021 through June 30, 2022, and may be recaptured
and reobligated in accordance with section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2021 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act
of 2015, $633,600,000 together with such amounts as may be necessary to
be charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2021: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000, together with
not to exceed $3,421,953,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which--
(1) $2,649,686,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $200,000,000 to carry out reemployment
services and eligibility assessments under section 306 of such
Act, any claimants of regular compensation, as defined in such
section, including those who are profiled as most likely to
exhaust their benefits, may be eligible for such services and
assessments: Provided, That of such amount, $117,000,000 is
specified for grants under section 306 of the Social Security
Act and is provided to meet the terms of section
251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $83,000,000 is additional
new budget authority specified for purposes of section
251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for continued
support of the Unemployment Insurance Integrity Center of
Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized
under 5 U.S.C. 8501-8523, and the administration of trade
readjustment allowances, reemployment trade adjustment
assistance, and alternative trade adjustment assistance under
the Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011 and section 405(a)
of the Trade Preferences Extension Act of 2015, and shall be
available for obligation by the States through December 31,
2021, except that funds used for automation shall be available
for Federal obligation through December 31, 2021, and for State
obligation through September 30, 2023, or, if the automation is
being carried out through consortia of States, for State
obligation through September 30, 2027, and for expenditure
through September 30, 2028, and funds for competitive grants
awarded to States for improved operations and to conduct in-
person reemployment and eligibility assessments and
unemployment insurance improper payment reviews and provide
reemployment services and referrals to training, as
appropriate, shall be available for Federal obligation through
December 31, 2021, and for obligation by the States through
September 30, 2023, and funds for the Unemployment Insurance
Integrity Center of Excellence shall be available for
obligation by the State through September 30, 2022, and funds
used for unemployment insurance workloads experienced through
September 30, 2021 shall be available for Federal obligation
through December 31, 2021;
(2) $18,000,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) $651,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the Wagner-
Peyser Act, and shall be available for Federal obligation for
the period July 1, 2021 through June 30, 2022;
(4) $24,818,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986 (including assisting States in
adopting or modernizing information technology for use in the
processing of certification requests), and the provision of
technical assistance and staff training under the Wagner-Peyser
Act;
(5) $77,810,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and
related laws, of which $57,528,000 shall be available for the
Federal administration of such activities, and $20,282,000
shall be available for grants to States for the administration
of such activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2021
through June 30, 2022: Provided, That the Secretary shall
require publicly disclosed information contained in ongoing,
nationwide datasets funded by the Department of Labor relating
to licenses and credentials to be published using an open
source description language that is designed to allow for
public search and comparison of such data, including any such
data on credentials and competencies. Such information may be
published through open data formats such as the credential
transparency description language specifications or a
substantially similar approach:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2021 is projected by the
Department of Labor to exceed 1,728,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other
States in carrying out activities under such title III if the other
States include areas that have suffered a major disaster declared by
the President under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act: Provided further, That the Secretary may use
funds appropriated for grants to States under title III of the Social
Security Act to make payments on behalf of States for the use of the
National Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to make
payments on behalf of States to the entity operating the State
Information Data Exchange System: Provided further, That funds
appropriated in this Act which are used to establish a national one-
stop career center system, or which are used to support the national
activities of the Federal-State unemployment insurance, employment
service, or immigration programs, may be obligated in contracts,
grants, or agreements with States and non-State entities: Provided
further, That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and non-State
entities under such grants, subject to the conditions applicable to the
grants: Provided further, That funds appropriated under this Act for
activities authorized under title III of the Social Security Act and
the Wagner-Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation efforts,
notwithstanding cost allocation principles prescribed under the final
rule entitled ``Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards'' at part 200 of title 2,
Code of Federal Regulations: Provided further, That the Secretary, at
the request of a State participating in a consortium with other States,
may reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium or to the
entity operating the Unemployment Insurance Information Technology
Support Center in order to carry out activities that benefit the
administration of the unemployment compensation law of the State making
the request: Provided further, That the Secretary may collect fees for
the costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural Workers Survey
requested by State and local governments, public and private
institutions of higher education, and nonprofit organizations and may
utilize such sums, in accordance with the provisions of 29 U.S.C. 9a,
for the National Agricultural Workers Survey infrastructure,
methodology, and data to meet the information collection and reporting
needs of such entities, which shall be credited to this appropriation
and shall remain available until September 30, 2022, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
the Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security
Act, to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and
to the ``Federal Unemployment Benefits and Allowances'' account, such
sums as may be necessary, which shall be available for obligation
through September 30, 2022.
program administration
For expenses of administering employment and training programs,
$108,674,000, together with not to exceed $49,982,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund: Provided, That funds made available for the
Office of Apprenticeship shall only be used for the administration of
apprenticeship programs only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of the WIOA
and to provide for the full and adequate staffing of the Federal Office
of Apprenticeship and each of the State Offices of Apprenticeship.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall be made
available through September 30, 2022, for the procurement of expert
witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'') is
authorized to make such expenditures, including financial assistance
authorized by subtitle E of title IV of the Employee Retirement Income
Security Act of 1974, within limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations, as
provided by 31 U.S.C. 9104, as may be necessary in carrying out the
program, including associated administrative expenses, through
September 30, 2021, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2021 shall be
available for obligations for administrative expenses in excess of
$465,289,000: Provided further, That to the extent that the number of
new plan participants in plans terminated by the Corporation exceeds
100,000 in fiscal year 2021, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2025, for
obligations for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided for administrative expenses in this paragraph
may be incurred and shall be available through September 30, 2025, for
obligation for unforeseen and extraordinary pre-termination or
termination expenses or extraordinary multiemployer program related
expenses after approval by the Office of Management and Budget and
notification of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That an additional
amount shall be available for obligation through September 30, 2025, to
the extent the Corporation's costs exceed $250,000 for the provision of
credit or identity monitoring to affected individuals upon suffering a
security incident or privacy breach, not to exceed an additional $100
per affected individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $246,283,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $42,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $105,976,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,424,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
provided for under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees' Compensation
Commission Appropriation Act, 1944; section 5(f) of the War Claims Act
(50 U.S.C. App. 2012); obligations incurred under the War Hazards
Compensation Act (42 U.S.C. 1701 et seq.); and 50 percent of the
additional compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $239,000,000, together
with such amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other benefits
for any period subsequent to August 15 of the current year, for deposit
into and to assume the attributes of the Employees' Compensation Fund
established under 5 U.S.C. 8147(a): Provided, That amounts
appropriated may be used under 5 U.S.C. 8104 by the Secretary to
reimburse an employer, who is not the employer at the time of injury,
for portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated on
September 30, 2020, shall remain available until expended for the
payment of compensation, benefits, and expenses: Provided further,
That in addition there shall be transferred to this appropriation from
the Postal Service and from any other corporation or instrumentality
required under 5 U.S.C. 8147(c) to pay an amount for its fair share of
the cost of administration, such sums as the Secretary determines to be
the cost of administration for employees of such fair share entities
through September 30, 2021: Provided further, That of those funds
transferred to this account from the fair share entities to pay the
cost of administration of the Federal Employees' Compensation Act,
$80,257,000 shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$27,220,000.
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $25,647,000.
(3) For periodic roll disability management and medical
review, $25,648,000.
(4) For program integrity, $1,742,000.
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $40,970,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2022, $14,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $62,507,000 (increased
by $2,000,000) (increased by $300,000), to remain available until
expended: Provided, That the Secretary may require that any person
filing a claim for benefits under the Act provide as part of such claim
such identifying information (including Social Security account number)
as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung Disability Trust
Fund (the ``Fund''), to remain available until expended, for payment of
all benefits authorized by section 9501(d)(1), (2), (6), and (7) of the
Internal Revenue Code of 1986; and repayment of, and payment of
interest on advances, as authorized by section 9501(d)(4) of that Act.
In addition, the following amounts may be expended from the Fund for
fiscal year 2021 for expenses of operation and administration of the
Black Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $40,643,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$33,033,000 for transfer to Departmental Management, ``Salaries and
Expenses''; not to exceed $333,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $593,787,000 (increased by $5,000,000) (reduced by
$5,000,000) (increased by $1,436,000), including not to exceed
$108,575,000 which shall be the maximum amount available for grants to
States under section 23(g) of the Occupational Safety and Health Act
(the ``Act''), which grants shall be no less than 50 percent of the
costs of State occupational safety and health programs required to be
incurred under plans approved by the Secretary under section 18 of the
Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to $499,000 per fiscal
year of training institute course tuition and fees, otherwise
authorized by law to be collected, and may utilize such sums for
occupational safety and health training and education: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the
fiscal year ending September 30, 2021, to collect and retain fees for
services provided to Nationally Recognized Testing Laboratories, and
may utilize such sums, in accordance with the provisions of 29 U.S.C.
9a, to administer national and international laboratory recognition
programs that ensure the safety of equipment and products used by
workers in the workplace: Provided further, That $13,537,000 shall be
available for Susan Harwood training grants, of which not less than
$4,500,000 is for Susan Harwood Training Capacity Building
Developmental grants, as described in Funding Opportunity Number SHTG-
FY-16-02 (referenced in the notice of availability of funds published
in the Federal Register on May 3, 2016 (81 Fed. Reg. 30568)) for
program activities starting not later than September 30, 2021 and
lasting for a period of 12 months: Provided further, That not more
than $3,500,000 shall be for Voluntary Protection Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $379,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That
notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected
by the National Mine Health and Safety Academy for room, board,
tuition, and the sale of training materials, otherwise authorized by
law to be collected, to be available for mine safety and health
education and training activities: Provided further, That
notwithstanding 31 U.S.C. 3302, the Mine Safety and Health
Administration is authorized to collect and retain up to $2,499,000
from fees collected for the approval and certification of equipment,
materials, and explosives for use in mines, and may utilize such sums
for such activities: Provided further, That the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute projects
in cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health Administration is
authorized to promote health and safety education and training in the
mining community through cooperative programs with States, industry,
and safety associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association as a
principal safety association and, notwithstanding any other provision
of law, may provide funds and, with or without reimbursement,
personnel, including service of Mine Safety and Health Administration
officials as officers in local chapters or in the national
organization: Provided further, That any funds available to the
Department of Labor may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $587,000,000,
together with not to exceed $68,000,000 which may be expended from the
Employment Security Administration account in the Unemployment Trust
Fund.
Within this amount, $13,000,000 to remain available until September
30, 2024, for costs associated with the physical move of the Bureau of
Labor Statistics' headquarters, including replication of space,
furniture, fixtures, equipment, and related costs, as well as
relocation of the data center to a shared facility.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,500,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $349,056,000 (reduced by
$2,000,000) (increased by $2,000,000), together with not to exceed
$308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$67,325,000 (reduced by $1,000,000) (increased by $1,000,000) for the
Bureau of International Labor Affairs shall be available for obligation
through December 31, 2021: Provided further, That funds available to
the Bureau of International Labor Affairs may be used to administer or
operate international labor activities, bilateral and multilateral
technical assistance, and microfinance programs, by or through
contracts, grants, subgrants and other arrangements: Provided further,
That not more than $53,825,000 shall be for programs to combat
exploitative child labor internationally and not less than $13,500,000
shall be used to implement model programs that address worker rights
issues through technical assistance in countries with which the United
States has free trade agreements or trade preference programs:
Provided further, That $8,040,000 shall be used for program evaluation
and shall be available for obligation through September 30, 2022:
Provided further, That funds available for program evaluation may be
used to administer grants for the purpose of evaluation: Provided
further, That grants made for the purpose of evaluation shall be
awarded through fair and open competition: Provided further, That
funds available for program evaluation may be transferred to any other
appropriate account in the Department for such purpose: Provided
further, That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in advance
of any transfer: Provided further, That the funds available to the
Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce: Provided further, That of the
amounts made available to the Women's Bureau, not less than $1,794,000
shall be used for grants authorized by the Women in Apprenticeship and
Nontraditional Occupations Act.
veterans employment and training
Not to exceed $256,341,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United
States Code, of which--
(1) $180,000,000 is for Jobs for Veterans State grants
under 38 U.S.C. 4102A(b)(5) to support disabled veterans'
outreach program specialists under section 4103A of such title
and local veterans' employment representatives under section
4104(b) of such title, and for the expenses described in
section 4102A(b)(5)(C), which shall be available for obligation
by the States through December 31, 2021, and not to exceed 3
percent for the necessary Federal expenditures for data systems
and contract support to allow for the tracking of participant
and performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in
military treatment facilities or warrior transition units, and
to the spouses or other family caregivers of such wounded, ill,
or injured members;
(2) $29,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $43,548,000 is for Federal administration of chapters
41, 42, and 43 of title 38, and sections 2021, 2021A and 2023
of title 38, United States Code: Provided, That, up to
$500,000 may be used to carry out the Hire VETS Act (division O
of Public Law 115-31); and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $57,500,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2021, to
provide services under such section: Provided further, That services
provided under section 2021 or under section 2021A may include, in
addition to services to homeless veterans described in section
2002(a)(1), services to veterans who were homeless at some point within
the 60 days prior to program entry or veterans who are at risk of
homelessness within the next 60 days, and that services provided under
section 2023 may include, in addition to services to the individuals
described in subsection (e) of such section, services to veterans
recently released from incarceration who are at risk of homelessness:
Provided further, That notwithstanding paragraph (3) under this
heading, funds appropriated in this paragraph may be used for data
systems and contract support to allow for the tracking of participant
and performance information: Provided further, That notwithstanding
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code,
such funds shall be available for expenditure pursuant to 31 U.S.C.
1553.
In addition, fees may be assessed and deposited in the HIRE Vets
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and
such amounts shall be available to the Secretary to carry out the HIRE
Vets Medallion Award Program, as authorized by such Act, and shall
remain available until expended: Provided, That such sums shall be in
addition to any other funds available for such purposes, including
funds available under paragraph (3) of this heading: Provided further,
That section 2(d) of division O of the Consolidated Appropriations Act,
2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $25,269,000, which shall be available
through September 30, 2022.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$86,187,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall
be increased by more than 3 percent by any such transfer: Provided,
That the transfer authority granted by this section shall be available
only to meet emergency needs and shall not be used to create any new
program or to fund any project or activity for which no funds are
provided in this Act: Provided further, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126, none of
the funds appropriated or otherwise made available pursuant to this Act
shall be obligated or expended for the procurement of goods mined,
produced, manufactured, or harvested or services rendered, in whole or
in part, by forced or indentured child labor in industries and host
countries already identified by the United States Department of Labor
prior to enactment of this Act.
Sec. 104. Except as otherwise provided in this section, none of
the funds made available to the Department of Labor for grants under
section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (29 U.S.C. 2916a) may be used for any purpose
other than competitive grants for training individuals who are older
than 16 years of age and are not currently enrolled in school within a
local educational agency in the occupations and industries for which
employers are using H-1B visas to hire foreign workers, and the related
activities necessary to support such training.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses
of an individual, either as direct costs or indirect costs, at a rate
in excess of Executive Level II. This limitation shall not apply to
vendors providing goods and services as defined in Office of Management
and Budget Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of those
receiving salaries and bonuses from subrecipients of such funds, taking
into account factors including the relative cost-of-living in the
State, the compensation levels for comparable State or local government
employees, and the size of the organizations that administer Federal
programs involved including Employment and Training Administration
programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not
more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this Act to
``Program Administration'' in order to carry out program integrity
activities relating to any of the programs or activities that are
funded under any such discretionary appropriations: Provided, That
notwithstanding section 102 and the preceding proviso, the Secretary
may transfer not more than 0.5 percent of funds made available in
paragraphs (1) and (2) of the ``Office of Job Corps'' account to
paragraph (3) of such account to carry out program integrity activities
related to the Job Corps program: Provided further, That funds
transferred under the authority provided by this subsection shall be
available for obligation through September 30, 2022.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75 percent
from each appropriation made available in this Act identified in
subsection (b) in order to carry out evaluations of any of the programs
or activities that are funded under such accounts. Any funds reserved
under this section shall be transferred to ``Departmental Management''
for use by the Office of the Chief Evaluation Officer within the
Department of Labor, and shall be available for obligation through
September 30, 2022: Provided, That such funds shall only be available
if the Chief Evaluation Officer of the Department of Labor submits a
plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment
for Older Americans'', ``State Unemployment Insurance and Employment
Service Operations'', ``Employee Benefits Security Administration'',
``Office of Workers' Compensation Programs'', ``Wage and Hour
Division'', ``Office of Federal Contract Compliance Programs'',
``Office of Labor Management Standards'', ``Occupational Safety and
Health Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made available to
the ``Bureau of International Labor Affairs'' and ``Women's Bureau''
within the ``Departmental Management, Salaries and Expenses'' account,
and ``Veterans Employment and Training''.
Sec. 108. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess personal
property, at a value determined by the Secretary, to apprenticeship
programs for the purpose of training apprentices in those programs.
Sec. 109. (a) The Act entitled ``An Act to create a Department of
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be
applied as if the following text is part of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to employ
law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor during
the workday of the Secretary and during any activity that is
preliminary or postliminary to the performance of official
duties by the Secretary;
``(2) provide protection, incidental to the protection
provided to the Secretary, to a member of the immediate family
of the Secretary who is participating in an activity or event
relating to the official duties of the Secretary;
``(3) provide continuous protection to the Secretary
(including during periods not described in paragraph (1)) and
to the members of the immediate family of the Secretary if
there is a significant and articulable threat of physical harm,
in accordance with guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
at the Secretary's direction in the performance of his official
duties at a public event outside of the United States if there
is a significant and articulable threat of physical harm and
protective services are not provided as part of an official
U.S. visit.
``(b) Authorities.--The Secretary of Labor may authorize a law
enforcement officer or special agent employed under subsection (a), for
the purpose of performing the duties authorized under subsection (a),
to--
``(1) carry firearms;
``(2) make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
``(3) perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events;
``(4) coordinate with local law enforcement agencies; and
``(5) initiate criminal and other investigations into
potential threats to the security of the Secretary, in
coordination with the Inspector General of the Department of
Labor.
``(c) Compliance With Guidelines.--A law enforcement officer or
special agent employed under subsection (a) shall exercise any
authority provided under this section in accordance with any--
``(1) guidelines issued by the Attorney General; and
``(2) guidelines prescribed by the Secretary of Labor.''.
(b) This section shall be effective on the date of enactment of
this Act.
Sec. 110. The Secretary is authorized to dispose of or divest, by
any means the Secretary determines appropriate, including an agreement
or partnership to construct a new Job Corps center, all or a portion of
the real property on which the Treasure Island Job Corps Center is
situated. Any sale or other disposition will not be subject to any
requirement of any Federal law or regulation relating to the
disposition of Federal real property, including but not limited to
subchapter III of chapter 5 of title 40 of the United States Code and
subchapter V of chapter 119 of title 42 of the United States Code. The
net proceeds of such a sale shall be transferred to the Secretary,
which shall be available until expended to carry out the Job Corps
Program on Treasure Island.
(rescission)
Sec. 111. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)),
$349,000,000 are hereby rescinded.
Sec. 112. None of the funds made available by this Act may be used
to--
(1) alter or terminate the Interagency Agreement between
the United States Department of Labor and the United States
Department of Agriculture; or
(2) close any of the Civilian Conservation Centers, except
if such closure is necessary to prevent the endangerment of the
health and safety of the students, the capacity of the program
is retained, and the requirements of section 159(j) of the WIOA
are met.
Sec. 113. None of the funds made available by this Act may be used
to implement or enforce, or take any actions in furtherance of, the
final regulations on ``Joint Employer Status under the Fair Labor
Standards Act'' published by the Department of Labor in the Federal
Register on January 16, 2020 (85 Fed. Reg. 2820 et seq.).
Sec. 114. None of the funds made available by this Act may be used
to develop, promulgate, issue, or implement a final rule, or take any
actions in furtherance of the proposed rule, on ``Implementing Legal
Requirements Regarding the Equal Opportunity Clause's Religious
Exemption'' published by Department of Labor in the Federal Register on
August 15, 2019 (84 Fed. Reg. 41677 et seq.).
Sec. 115. None of the funds made available by this Act may be used
to implement or enforce or take any actions in furtherance of, the
final rule on ``Wagner-Peyser Act Staffing Flexibility'' published by
the Department of Labor in the Federal Register on January 06, 2020 (85
Fed. Reg. 592 et seq.).
This title may be cited as the ``Department of Labor Appropriations
Act, 2021''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,651,522,000 (increased by $5,000,000) (reduced by $1,000,000)
(increased by $1,000,000): Provided, That no more than $1,000,000
shall be available until expended for carrying out the provisions of
section 224(o) of the PHS Act: Provided further, That no more than
$120,000,000 shall be available until expended for carrying out
subsections (g) through (n) and (q) of section 224 of the PHS Act, and
for expenses incurred by the Department of Health and Human Services
(referred to in this Act as ``HHS'') pertaining to administrative
claims made under such law.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$1,242,505,000 (increased by $5,000,000) (increased by $1,000,000)
(reduced by $20,000,000) (increased by $20,000,000): Provided, That
sections 751(j)(2) and 762(k) of the PHS Act and the proportional
funding amounts in paragraphs (1) through (4) of section 756(f) of the
PHS Act shall not apply to funds made available under this heading:
Provided further, That for any program operating under section 751 of
the PHS Act on or before January 1, 2009, the Secretary of Health and
Human Services (referred to in this title as the ``Secretary'') may
hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period
of a grant under such section: Provided further, That no funds shall
be available for section 340G-1 of the PHS Act: Provided further, That
fees collected for the disclosure of information under section 427(b)
of the Health Care Quality Improvement Act of 1986 and sections
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to
recover the full costs of operating the programs authorized by such
sections and shall remain available until expended for the National
Practitioner Data Bank: Provided further, That funds transferred to
this account to carry out section 846 and subpart 3 of part D of title
III of the PHS Act may be used to make prior year adjustments to awards
made under such section and subpart: Provided further, That
$120,000,000 shall remain available until expended for the purposes of
providing primary health services, assigning National Health Service
Corps (``NHSC'') members to expand the delivery of substance use
disorder treatment services, notwithstanding the assignment priorities
and limitations under sections 333(a)(1)(D), 333(b), and
333A(a)(1)(B)(ii) of the PHS Act, and making payments under the NHSC
Loan Repayment Program under section 338B of such Act: Provided
further, That, within the amount made available in the previous
proviso, $15,000,000 shall remain available until expended for the
purposes of making payments under the NHSC Loan Repayment Program under
section 338B of the PHS Act to individuals participating in such
program who provide primary health services in Indian Health Service
facilities, Tribally-Operated 638 Health Programs, and Urban Indian
Health Programs (as those terms are defined by the Secretary),
notwithstanding the assignment priorities and limitations under section
333(b) of such Act: Provided further, That for purposes of the
previous two provisos, section 331(a)(3)(D) of the PHS Act shall be
applied as if the term ``primary health services'' includes clinical
substance use disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment counselors:
Provided further, That of the funds made available under this heading,
$5,000,000 shall be available to make grants to establish or expand
optional community-based nurse practitioner fellowship programs that
are accredited or in the accreditation process, with a preference for
those in Federally Qualified Health Centers, for practicing
postgraduate nurse practitioners in primary care or behavioral health.
Of the funds made available under this heading, $55,000,000 shall
remain available until expended for grants to public institutions of
higher education to expand or support graduate education for physicians
provided by such institutions: Provided, That, in awarding such
grants, the Secretary shall give priority to public institutions of
higher education located in States with a projected primary care
provider shortage in 2025, as determined by the Secretary: Provided
further, That grants so awarded are limited to such public institutions
of higher education in States in the top quintile of States with a
projected primary care provider shortage in 2025, as determined by the
Secretary: Provided further, That the minimum amount of a grant so
awarded to such an institution shall be not less than $1,000,000 per
year: Provided further, That such a grant may be awarded for a period
not to exceed 5 years: Provided further, That such a grant awarded
with respect to a year to such an institution shall be subject to a
matching requirement of non-Federal funds in an amount that is not less
than 10 percent of the total amount of Federal funds provided in the
grant to such institution with respect to such year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health and title V of the Social Security
Act, $980,784,000 (increased by $500,000) (increased by $5,000,000):
Provided, That notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $127,116,000 shall be available for
carrying out special projects of regional and national significance
pursuant to section 501(a)(2) of such Act and $10,276,000 (increased by
$500,000) shall be available for projects described in subparagraphs
(A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,413,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2023, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act; and of which
$95,000,000, to remain available until expended, shall be available to
the Secretary for carrying out a program of grants and contracts under
title XXVI or section 311(c) of such Act focused on ending the
nationwide HIV/AIDS epidemic, with any grants issued under such section
311(c) administered in conjunction with title XXVI of the PHS Act,
including the limitation on administrative expenses.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $131,093,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$334,294,000, of which $55,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $21,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology and up to $1,000,000 shall be to carry out section
1820(g)(6) of the Social Security Act, with funds provided for grants
under section 1820(g)(6) available for the purchase and implementation
of telehealth services, including pilots and demonstrations on the use
of electronic health records to coordinate rural veterans care between
rural providers and the Department of Veterans Affairs electronic
health record system: Provided further, That notwithstanding section
338J(k) of the PHS Act, $12,500,000 shall be available for State
Offices of Rural Health: Provided further, That $11,000,000 shall
remain available through September 30, 2023, to support the Rural
Residency Development Program: Provided further, That $110,000,000
shall be for the Rural Communities Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act to
provide for voluntary family planning projects, $286,479,000:
Provided, That the Secretary shall carry out section 1001 of the PHS
Act solely in accordance with any regulations or other conditions or
instructions established by the Secretary pursuant to the authority
under section 1006 of the PHS Act that applied as of January 18, 2017,
to grants and contracts awarded under section 1001 of the PHS Act:
Provided further, That amounts provided to said projects under such
title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public office:
Provided further, That for each entity that, in fiscal year 2019,
received an award under section 1001 of the PHS Act and whose award was
terminated or relinquished before the planned end of the period of
performance, the Secretary shall, not later than 60 days after the date
of enactment of this Act, issue a new award to such entity using funds
made available herein, equal to the amount of the award that was
terminated or relinquished and consistent with any terms and conditions
that applied at the time that the fiscal year 2019 award was made
except as modified by this Act, but only if--
(1) the Secretary has not, prior to the enactment of this
Act, awarded grants or contracts for the performance of
substantially similar activities in the geographical areas that
were served by the terminated or relinquished award, but if
such grants or contracts awarded prior to the enactment of this
Act would only partially replace the activities or areas
covered by the terminated or relinquished award, the Secretary
shall seek to restore the terminated award with respect to the
remaining activities or areas;
(2) the Secretary has secured assurance from the entity
that its termination or relinquishment was due to its inability
or unwillingness to comply with the provisions of the final
rule titled ``Compliance with Statutory Program Integrity
Requirements'', published on March 4, 2019 (84 Fed. Reg. 7714
et seq.); and
(3) the Secretary has secured assurance from the entity
that it is willing to resume project activities consistent with
the terms and conditions that applied at the time that the
terminated or relinquished award was made except as modified by
this Act:
Provided further, That the provisos under this heading are not
intended to limit the equitable powers of the courts to further protect
historical providers previously awarded grants or contracts in fiscal
year 2019 or prior fiscal years under title X of the PHS: Provided
further, That all patients under title X of the PHS Act with a positive
pregnancy test--
(A) are given the opportunity to be provided
information and counseling regarding each of the
following options--
(i) prenatal care and delivery;
(ii) infant care, foster care, and
adoption; and
(iii) pregnancy termination; and
(B) if a patient requests such information and
counseling, such patient shall be provided with
neutral, factual information and nondirective
counseling on each such option, including referral upon
request, except with respect to any option about which
the patient indicates no interest in receiving such
information and counseling.
program management
For program support in the Health Resources and Services
Administration, $155,300,000: Provided, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Primary Health Care'', ``Health
Workforce'', ``Maternal and Child Health'', ``Ryan White HIV/AIDS
Program'', ``Health Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund (the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to
vaccines administered after September 30, 1988, pursuant to subtitle 2
of title XXI of the PHS Act, to remain available until expended:
Provided, That for necessary administrative expenses, not to exceed
$10,200,000 shall be available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect
to immunization and respiratory diseases, $469,705,000 (reduced by
$1,000,000) (increased by $1,000,000) (increased by $2,000,000).
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act
with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,287,556,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $593,972,000 (increased by
$4,000,000): Provided, That of the amounts made available under this
heading, up to $1,000,000 shall remain available until expended to pay
for the transportation, medical care, treatment, and other related
costs of persons quarantined or isolated under Federal or State
quarantine law.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$1,049,564,000 (increased by $1,000,000) (increased by $5,000,000):
Provided, That funds made available under this heading may be available
for making grants under section 1509 of the PHS Act for not less than
21 States, Tribes, or Tribal organizations: Provided further, That of
the funds made available under this heading, $15,000,000 shall be
available to continue and expand community specific extension and
outreach programs to combat obesity in counties with the highest levels
of obesity: Provided further, That the proportional funding
requirements under section 1503(a) of the PHS Act shall not apply to
funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $162,810,000 (increased by $2,000,000).
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $593,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $219,850,000, of which $10,000,000
(reduced by $1,000,000) (increased by $1,000,000) shall be available
until September 30, 2023, for carrying out activities under section
2203(b) of the Water Infrastructure Improvements for the Nation Act
(Public Law 114-322).
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $694,879,000 (increased by
$1,000,000) (increased by $5,250,000) (reduced by $5,000,000)
(increased by $5,000,000) (increased by $5,000,000) (increased by
$5,000,000), of which $25,000,000 (increased by $5,000,000) shall be
for firearm injury and mortality prevention research.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety
and Health Act, with respect to occupational safety and health,
$344,700,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be
available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law 106-
554.
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $572,843,000, of which: (1) $128,421,000
shall remain available through September 30, 2022 for international
HIV/AIDS; and (2) $183,200,000 shall remain available through September
30, 2023 for global public health protection: Provided, That funds may
be used for purchase and insurance of official motor vehicles in
foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $852,200,000 (reduced by $1,000,000) (increased by
$1,000,000): Provided, That the Director of the Centers for Disease
Control and Prevention (referred to in this title as ``CDC'') or the
Administrator of the Agency for Toxic Substances and Disease Registry
may detail staff without reimbursement for up to 180 days to support an
activation of the CDC Emergency Operations Center, so long as the
Director or Administrator, as applicable, provides a notice to the
Committees on Appropriations of the House of Representatives and the
Senate within 15 days of the use of this authority and a full report
within 30 days after use of this authority which includes the number of
staff and funding level broken down by the originating center and
number of days detailed: Provided further, That funds appropriated
under this heading may be used to support a contract for the operation
and maintenance of an aircraft in direct support of activities
throughout CDC to ensure the agency is prepared to address public
health preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
installation, demolition, and renovation of facilities, $30,000,000,
which shall remain available until September 30, 2025: Provided, That
funds made available to this account in this or any prior Act that are
available for the acquisition of real property or for construction or
improvement of facilities shall be available to make improvements on
non-federally owned property, provided that any improvements that are
not adjacent to federally owned property do not exceed $2,500,000, and
that the primary benefit of such improvements accrues to CDC: Provided
further, That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be used to
acquire a replacement mine safety research facility: Provided further,
That in addition, the prior year unobligated balance of any amounts
assigned to former employees in accounts of CDC made available for
Individual Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the replacement of
the mine safety research facility.
cdc-wide activities and program support
(including transfer of funds)
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $198,570,000 (increased by
$500,000) (reduced by $500,000) (increased by $5,000,000) (reduced by
$5,000,000), of which up to $5,000,000 may be transferred to the
reserve of the Working Capital Fund authorized under this heading in
division F of Public Law 112-74: Provided, That paragraphs (1) through
(3) of subsection (b) of section 2821 of the PHS Act shall not apply to
funds appropriated under this heading and in all other accounts of the
CDC: Provided further, That of the amounts made available under this
heading, $85,000,000, to remain available until expended, shall be
available to the Director of the CDC for deposit in the Infectious
Diseases Rapid Response Reserve Fund established by section 231 of
division B of Public Law 115-245: Provided further, That employees of
CDC or the Public Health Service, both civilian and commissioned
officers, detailed to States, municipalities, or other organizations
under authority of section 214 of the PHS Act, or in overseas
assignments, shall be treated as non-Federal employees for reporting
purposes only and shall not be included within any personnel ceiling
applicable to the Agency, Service, or HHS during the period of detail
or assignment: Provided further, That CDC may use up to $10,000 from
amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2022.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $6,299,155,000, of which up to $30,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center
in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and
blood products, $3,655,428,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $481,535,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $2,132,498,000
(reduced by $10,000,000) (increased by $10,000,000).
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $2,415,110,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $6,013,087,000 (reduced by
$10,000,000) (increased by $10,000,000).
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,972,479,000, of which
$1,341,313,000 shall be from funds available under section 241 of the
PHS Act: Provided, That not less than $396,573,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,570,269,000
(increased by $12,000,000).
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $831,177,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $809,501,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $3,609,150,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$630,263,000 (increased by $5,000,000).
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $494,912,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $170,567,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $550,063,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,474,590,000 (increased by $2,000,000).
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $2,005,303,000 (increased by $5,000,000).
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $611,564,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research,
$407,109,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $153,045,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$343,700,000 (increased by $5,000,000): Provided, That funds may be
used to implement a reorganization that is presented to an advisory
council in a public meeting and for which the Committees on
Appropriations of the House of Representatives and the Senate have been
notified 30 days in advance.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title IV of
the PHS Act), $86,455,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $460,841,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2022: Provided
further, That in fiscal year 2021, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of
the National Institutes of Health (referred to in this title as
``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $840,051,000: Provided, That up to
$60,000,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $578,141,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $2,324,548,000 (reduced by $4,000,000) (increased by
$4,000,000): Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That all funds credited to the NIH Management
Fund shall remain available for one fiscal year after the fiscal year
in which they are deposited: Provided further, That $180,000,000 shall
be for the Environmental Influences on Child Health Outcomes study:
Provided further, That $631,899,000 shall be available for the Common
Fund established under section 402A(c)(1) of the PHS Act: Provided
further, That of the funds provided, $10,000 shall be for official
reception and representation expenses when specifically approved by the
Director of the NIH: Provided further, That the Office of AIDS
Research within the Office of the Director of the NIH may spend up to
$8,000,000 to make grants for construction or renovation of facilities
as provided for in section 2354(a)(5)(B) of the PHS Act: Provided
further, That $50,000,000 shall be used to carry out section 404I of
the PHS Act (42 U.S.C. 283K), relating to biomedical and behavioral
research facilities: Provided further, That $5,000,000 shall be
transferred to and merged with the appropriation for the ``Office of
Inspector General'' for oversight of grant programs and operations of
the NIH, including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be in
addition to funds otherwise made available for oversight of the NIH:
Provided further, That the funds provided in the previous proviso may
be transferred from one specified activity to another with 15 days
prior approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Inspector
General shall consult with the Committees on Appropriations of the
House of Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2021 and 2022 no later than
30 days after the date of enactment of this Act: Provided further,
That amounts available under this heading are also available to
establish, operate, and support the Research Policy Board authorized by
section 2034(f) of the 21st Century Cures Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research), as authorized in the
Gabriella Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of,
and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $200,000,000, to remain
available through September 30, 2025.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described in
section 1001(b)(4) of the 21st Century Cures Act, in addition to
amounts available for such purposes in the appropriations provided to
the NIH in this Act, $404,000,000, to remain available until expended:
Provided, That such amounts are appropriated pursuant to section
1001(b)(3) of such Act, are to be derived from amounts transferred
under section 1001(b)(2)(A) of such Act, and may be transferred by the
Director of the National Institutes of Health to other accounts of the
National Institutes of Health solely for the purposes provided in such
Act: Provided further, That upon a determination by the Director that
funds transferred pursuant to the previous proviso are not necessary
for the purposes provided, such amounts may be transferred back to the
Account: Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority provided by
law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,727,974,000 (increased by $1,000,000) (increased
by $1,000,000) (reduced by $1,000,000) (increased by $5,000,000)
(increased by $8,000,000) (increased by $4,000,000) (increased by
$2,869,000) (increased by $1,000,000): Provided, That of the funds
made available under this heading, $71,887,000 (increased by
$1,000,000) shall be for the National Child Traumatic Stress
Initiative: Provided further, That notwithstanding section 520A(f)(2)
of the PHS Act, no funds appropriated for carrying out section 520A
shall be available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to
supplement funds otherwise available for mental health activities and
to carry out subpart I of part B of title XIX of the PHS Act to fund
section 1920(b) technical assistance, national data, data collection
and evaluation activities, and further that the total available under
this Act for section 1920(b) activities shall not exceed 5 percent of
the amounts appropriated for subpart I of part B of title XIX:
Provided further, That of the funds made available under this heading
for subpart I of part B of title XIX of the PHS Act, $35,000,000 shall
be available to support evidence-based crisis systems: Provided
further, That up to 10 percent of the amounts made available to carry
out the Children's Mental Health Services program may be used to carry
out demonstration grants or contracts for early interventions with
persons not more than 25 years of age at clinical high risk of
developing a first episode of psychosis: Provided further, That
section 520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2021: Provided further, That States shall
expend at least 10 percent of the amount each receives for carrying out
section 1911 of the PHS Act to support evidence-based programs that
address the needs of individuals with early serious mental illness,
including psychotic disorders, regardless of the age of the individual
at onset: Provided further, That $225,000,000 (increased by $5,000,000)
shall be available until September 30, 2023 for grants to communities
and community organizations who meet criteria for Certified Community
Behavioral Health Clinics pursuant to section 223(a) of Public Law 113-
93: Provided further, That none of the funds provided for section 1911
of the PHS Act shall be subject to section 241 of such Act: Provided
further, That of the funds made available under this heading,
$19,000,000 shall be to carry out section 224 of the Protecting Access
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, and the SUPPORT for Patients
and Communities Act, $3,766,556,000 (increased by $1,000,000)
(increased by $1,000,000): Provided, That $1,500,000,000 shall be for
State Opioid Response Grants for carrying out activities pertaining to
opioids and stimulants undertaken by the State agency responsible for
administering the substance abuse prevention and treatment block grant
under subpart II of part B of title XIX of the PHS Act (42 U.S.C. 300x-
21 et seq.): Provided further, That of such amount $50,000,000 shall
be made available to Indian Tribes or Tribal organizations: Provided
further, That 15 percent of the remaining amount shall be for the
States with the highest mortality rate related to opioid use disorders:
Provided further, That of the amounts provided for State Opioid
Response Grants not more than 2 percent shall be available for Federal
administrative expenses, training, technical assistance, and
evaluation: Provided further, That of the amount not reserved by the
previous three provisos, the Secretary shall make allocations to
States, territories, and the District of Columbia according to a
formula using national survey results that the Secretary determines are
the most objective and reliable measure of drug use and drug-related
deaths: Provided further, That the Secretary shall submit the formula
methodology to the Committees on Appropriations of the House of
Representatives and the Senate not less than 15 days prior to
publishing a Funding Opportunity Announcement: Provided further, That
prevention and treatment activities funded through such grants may
include education, treatment (including the provision of medication),
behavioral health services for individuals in treatment programs,
referral to treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each State, as
well as the District of Columbia, shall receive not less than
$4,000,000: Provided further, That in addition to amounts provided
herein, the following amounts shall be available under section 241 of
the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title
XIX of the PHS Act to fund section 1935(b) technical assistance,
national data, data collection and evaluation activities, and further
that the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart II
of part B of title XIX; and (2) $2,000,000 to evaluate substance abuse
treatment programs: Provided further, That of the funds made available
under this heading, $1,000,000 shall be for activities authorized under
section 9032 of Public Law 114-255 and $1,000,000 shall be for
activities authorized under section 549 of the Public Health Service
Act: Provided further, That none of the funds provided for section
1921 of the PHS Act or State Opioid Response Grants shall be subject to
section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $209,469,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $128,830,000 (reduced by
$2,869,000): Provided, That in addition to amounts provided herein,
$31,428,000 shall be available under section 241 of the PHS Act to
supplement funds available to carry out national surveys on drug abuse
and mental health, to collect and analyze program data, and to conduct
public awareness and technical assistance activities: Provided
further, That, in addition, fees may be collected for the costs of
publications, data, data tabulations, and data analysis completed under
title V of the PHS Act and provided to a public or private entity upon
request, which shall be credited to this appropriation and shall remain
available until expended for such purposes: Provided further, That
amounts made available in this Act for carrying out section 501(o) of
the PHS Act shall remain available through September 30, 2022:
Provided further, That funds made available under this heading may be
used to supplement program support funding provided under the headings
``Mental Health'', ``Substance Abuse Treatment'', and ``Substance Abuse
Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$143,091,000: Provided, That in addition to amounts provided herein,
$199,909,000 shall be available from amounts available under section
241 of the PHS Act: Provided further, That section 947(c) of the PHS
Act shall not apply in fiscal year 2021: Provided further, That in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data shall be
credited to this appropriation and shall remain available until
September 30, 2022.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX
of the Social Security Act, $313,904,098,000, to remain available until
expended.
In addition, for carrying out such titles after May 31, 2021, for
the last quarter of fiscal year 2021 for unanticipated costs incurred
for the current fiscal year, such sums as may be necessary, to remain
available until expended.
In addition, for carrying out such titles for the first quarter of
fiscal year 2022, $148,732,315,000, to remain available until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved in that
or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of 1965,
section 278(d)(3) of Public Law 97-248, and for administrative expenses
incurred pursuant to section 201(g) of the Social Security Act,
$439,514,000,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security Act that
were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare & Medicaid Services,
not to exceed $3,984,744,000, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section
1893(h) of the Social Security Act, and such sums as may be collected
from authorized user fees and the sale of data, which shall be credited
to this account and remain available until expended: Provided, That
all funds derived in accordance with 31 U.S.C. 9701 from organizations
established under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect fees in
fiscal year 2021 from Medicare Advantage organizations pursuant to
section 1857(e)(2) of the Social Security Act and from eligible
organizations with risk-sharing contracts under section 1876 of that
Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
That of the amount made available under this heading, $407,334,000
shall remain available until September 30, 2022, and shall be available
for the Survey and Certification Program: Provided further, That
amounts available under this heading to support quality improvement
organizations (as defined in section 1152 of the Social Security Act)
shall not exceed the amount specifically provided for such purpose
under this heading in division H of the Consolidated Appropriations
Act, 2018 (Public Law 115-141).
In addition, the Secretary shall obligate not less than
$100,000,000 in fiscal year 2021 out of amounts collected through the
user fees on participating health insurance issuers pursuant to section
156.50 of title 45, Code of Federal Regulations (or any successor
regulations) to carry out the navigator program (as described in
section 1311(i) of the Patient Protection and Affordable Care Act (42
U.S.C. 18031(i)), and to carry out outreach and educational activities,
for purposes of informing potential enrollees in qualified health plans
(as defined in section 1301(a) of such Act (42 U.S.C. 18021(a)) offered
through an Exchange established or operated by the Secretary within a
State, of the availability of coverage under such plans and financial
assistance for coverage under such plans: Provided, That awards under
such program shall be based solely on an entity's demonstrated capacity
to carry out each of the duties specified in section 1311(i)(3) of such
Act: Provided further, That not less than $15,000,000 shall be
obligated for national television and not less than $15,000,000 shall
be obligated for internet search advertising for purposes of carrying
out such outreach and educational activities: Provided further, That
not less than $30,000,000 of the funds made available in this paragraph
shall be obligated for advertising during the final 2 weeks of the open
enrollment period specified by the Secretary pursuant to section
1311(c)(6)(B) of such Act occurring during 2019: Provided further,
That no amounts collected through such user fees shall be available for
expenditures for promoting health insurance coverage or a group health
plan (as such terms are defined in section 2791 of the PHS Act (42
U.S.C. 300gg-91)) that is not a qualified health plan.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity
and program management, $807,000,000, to remain available through
September 30, 2022, to be transferred from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as authorized by section 201(g) of the Social Security Act,
of which $615,000,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $98,000,000 shall be
for the Department of Health and Human Services Office of Inspector
General to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act, and of which $94,000,000 shall be for the
Department of Justice to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act: Provided, That the
report required by section 1817(k)(5) of the Social Security Act for
fiscal year 2021 shall include measures of the operational efficiency
and impact on fraud, waste, and abuse in the Medicare, Medicaid, and
CHIP programs for the funds provided by this appropriation: Provided
further, That of the amount provided under this heading, $311,000,000
is provided to meet the terms of section 251(b)(2)(C)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
and $496,000,000 is additional new budget authority specified for
purposes of section 251(b)(2)(C) of such Act: Provided further, That
the Secretary shall provide not less than $20,000,000 from amounts made
available under this heading and amounts made available for fiscal year
2021 under section 1817(k)(3)(A) of the Social Security Act for the
Senior Medicare Patrol program to combat health care fraud and abuse.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5,
1960, $3,039,000,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2022, $1,400,000,000, to
remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3 months
of the current fiscal year for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602
of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
seq.), $3,765,304,000: Provided, That notwithstanding section 2609A(a)
of such Act, not more than $2,988,000 may be reserved by the Secretary
of Health and Human Services for technical assistance, training, and
monitoring of program activities for compliance with internal controls,
policies and procedures and the Secretary may, in addition to the
authorities provided in section 2609A(a)(1), use such funds through
contracts with private entities that do not qualify as nonprofit
organizations: Provided further, That $3,737,316,000 of the amount
appropriated under this heading shall be allocated to each State and
territory in amounts equal to the amount each State and territory was
allocated in fiscal year 2020 pursuant to allocations made from amounts
appropriated under this heading in title II of division A of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94):
Provided further, That of the remaining amount made available under
this heading that is not designated for allocation in the preceding two
provisos, $12,500,000 shall be allocated as though the total
appropriation for such payments for fiscal year 2021 was less than
$1,975,000,000.
refugee and entrant assistance
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality
Act and section 501 of the Refugee Education Assistance Act of 1980,
and for carrying out section 462 of the Homeland Security Act of 2002,
section 235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$1,911,201,000, of which $1,864,446,000 shall remain available through
September 30, 2023 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided further, That not less
than $190,000,000 shall be used for legal services, child advocates,
and post-release services: Provided further, That the contribution of
funds requirement under section 235(c)(6)(C)(iii) of the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
shall not apply to funds made available under this heading.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
1990 (``CCDBG Act''), $5,926,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section
418 of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG
Act: Provided further, That in addition to the amounts required to be
reserved by the Secretary under section 658O(a)(2)(A) of such Act,
$174,780,000 shall be for Indian Tribes and Tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out
State programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities),
part B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and
1115 of the Social Security Act, and the Community Services Block Grant
Act (``CSBG Act''); and for necessary administrative expenses to carry
out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security
Act, the Act of July 5, 1960, the Low-Income Home Energy Assistance Act
of 1981, the Child Care and Development Block Grant Act of 1990, the
Assets for Independence Act, title IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance
Act of 1980, $13,098,181,000 (increased by $5,000,000), of which
$75,000,000, to remain available through September 30, 2022, shall be
for grants to States for adoption and legal guardianship incentive
payments, as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before
September 30, 2021: Provided, That $10,763,095,000 shall be for making
payments under the Head Start Act, including for Early Head Start-Child
Care Partnerships, and, of which, notwithstanding section 640 of such
Act--
(1) $135,000,000 shall be available for a cost of living
adjustment, and with respect to any continuing appropriations
act, funding available for a cost of living adjustment shall
not be construed as an authority or condition under this Act;
(2) $25,000,000 shall be available for allocation by the
Secretary to supplement activities described in paragraphs
(7)(B) and (9) of section 641(c) of the Head Start Act under
the Designation Renewal System, established under the authority
of sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act,
and such funds shall not be included in the calculation of
``base grant'' in subsequent fiscal years, as such term is used
in section 640(a)(7)(A) of such Act;
(3) $15,000,000 shall be available to migrant and seasonal
Head Start programs, in addition to funds made available for
migrant and seasonal Head Start programs under section 640(a)
of the Head Start Act, for the purposes of quality improvement
consistent with section 640(a)(5) of such Act except that any
amount of the funds may be used on any of the activities in
such section (5): Provided further, that funds derived from a
migrant and seasonal Head Start program held by the Secretary
as a result of recapturing, withholding, or reducing a base
grant that were unable to be redistributed consistent with
section 641A(h)(6)(A)(ii) of such Act shall be added to the
amount in the previous proviso;
(4) $4,000,000 shall be available for the purposes of the
Tribal Colleges and Universities Head Start Partnership Program
consistent with section 648(g) of such Act; and
(5) $19,000,000 shall be available to supplement funding
otherwise available for research, evaluation, and Federal
administrative costs:
Provided further, That the Secretary may reduce the reservation of
funds under section 640(a)(2)(C) of such Act in lieu of reducing the
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
640(a)(2)(E) of such Act: Provided further, That $300,000,000 shall be
available until December 31, 2021 for carrying out sections 9212 and
9213 of the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be available for
technical assistance and evaluation related to grants awarded under
such section 9212: Provided further, That $780,383,000 shall be for
making payments under the CSBG Act: Provided further, That for the
purposes of carrying out the CSBG Act, the term ``poverty line'' as
defined in section 673(2) of the CSBG Act means 200 percent of the
poverty line otherwise applicable under such section (excluding the
last sentence of such section) without regard to such section:
Provided further, That $30,383,000 shall be for section 680 of the CSBG
Act, of which not less than $20,383,000 shall be for section 680(a)(2)
and not less than $10,000,000 shall be for section 680(a)(3)(B) of such
Act: Provided further, That, notwithstanding section 675C(a)(3) of
such Act, to the extent Community Services Block Grant funds are
distributed as grant funds by a State to an eligible entity as provided
under such Act, and have not been expended by such entity, they shall
remain with such entity for carryover into the next fiscal year for
expenditure by such entity consistent with program purposes: Provided
further, That the Secretary shall establish procedures regarding the
disposition of intangible assets and program income that permit such
assets acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the sole
property of such grantees after a period of not more than 12 years
after the end of the grant period for any activity consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That
intangible assets in the form of loans, equity investments and other
debt instruments, and program income may be used by grantees for any
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:
Provided further, That these procedures shall apply to such grant funds
made available after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be available
for financing construction and rehabilitation and loans or investments
in private business enterprises owned by community development
corporations: Provided further, That $185,000,000 (increased by
$5,000,000) shall be for carrying out section 303(a) of the Family
Violence Prevention and Services Act, of which $7,000,000 shall be
allocated notwithstanding section 303(a)(2) of such Act for carrying
out section 309 of such Act: Provided further, That the percentages
specified in section 112(a)(2) of the Child Abuse Prevention and
Treatment Act shall not apply to funds appropriated under this heading:
Provided further, That $1,864,000 shall be for a human services case
management system for federally declared disasters, to include a
comprehensive national case management contract and Federal costs of
administering the system: Provided further, That up to $2,000,000
shall be for improving the Public Assistance Reporting Information
System, including grants to States to support data collection for a
study of the system's effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $345,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $59,765,000.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $7,012,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2022,
$3,000,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV-E of the Social Security
Act, for the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may be
necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of
the Medicare Improvements for Patients and Providers Act of 2008, title
XX-B of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title
II of the Help America Vote Act of 2002, the Assistive Technology Act
of 1998, titles II and VII (and section 14 with respect to such titles)
of the Rehabilitation Act of 1973, and for Department-wide coordination
of policy and program activities that assist individuals with
disabilities, $2,225,390,000, together with $54,115,000 to be
transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That
amounts appropriated under this heading may be used for grants to
States under section 361 of the OAA only for disease prevention and
health promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That of amounts made available under this heading to
carry out sections 311, 331, and 336 of the OAA, up to one percent of
such amounts shall be available for developing and implementing
evidence-based practices for enhancing senior nutrition, including
medically-tailored meals: Provided further, That notwithstanding any
other provision of this Act, funds made available under this heading to
carry out section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided further, That
$2,000,000 shall be for competitive grants to support alternative
financing programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an interest buy-
down program; a revolving loan fund; a loan guarantee; or an insurance
program: Provided further, That applicants shall provide an assurance
that, and information describing the manner in which, the alternative
financing program will expand and emphasize consumer choice and
control: Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete: Provided
further, That none of the funds made available under this heading may
be used by an eligible system (as defined in section 102 of the
Protection and Advocacy for Individuals with Mental Illness Act (42
U.S.C. 10802)) to continue to pursue any legal action in a Federal or
State court on behalf of an individual or group of individuals with a
developmental disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights Act of
2000 (20 U.S.C. 15002(8)(A)) that is attributable to a mental
impairment (or a combination of mental and physical impairments), that
has as the requested remedy the closure of State operated intermediate
care facilities for people with intellectual or developmental
disabilities, unless reasonable public notice of the action has been
provided to such individuals (or, in the case of mental incapacitation,
the legal guardians who have been specifically awarded authority by the
courts to make healthcare and residential decisions on behalf of such
individuals) who are affected by such action, within 90 days of
instituting such legal action, which informs such individuals (or such
legal guardians) of their legal rights and how to exercise such rights
consistent with current Federal Rules of Civil Procedure: Provided
further, That the limitations in the immediately preceding proviso
shall not apply in the case of an individual who is neither competent
to consent nor has a legal guardian, nor shall the proviso apply in the
case of individuals who are a ward of the State or subject to public
guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section 229
of the PHS Act, the United States-Mexico Border Health Commission Act,
and research studies under section 1110 of the Social Security Act,
$457,959,000 (reduced by $1,000,000) (reduced by $2,000,000) (reduced
by $5,000,000) (reduced by $5,000,000) (reduced by $6,000,000) (reduced
by $5,000,000) (reduced by $2,000,000) (reduced by $1,000,000) (reduced
by $8,000,000) (reduced by $4,000,000) (reduced by $5,000,000) (reduced
by $1,000,000) (reduced by $1,000,000) (reduced by $1,000,000) (reduced
by $1,000,000) (reduced by $500,000) (reduced by $5,000,000) (reduced
by $5,000,000) (reduced by $4,000,000) (reduced by $1,000,000)
(increased by $1,000,000) (reduced by $5,250,000) (reduced by
$1,000,000) (reduced by $5,000,000) (reduced by $5,000,000) (reduced by
$500,000) (increased by $500,000) (increased by $1,000,000) (reduced by
$1,000,000) (reduced by $5,000,000) (reduced by $5,000,000) (reduced by
$2,000,000) (reduced by $2,436,000) (reduced by $2,000,000) (increased
by $2,000,000) (reduced by $12,000,000), together with $64,828,000 from
the amounts available under section 241 of the PHS Act to carry out
national health or human services research and evaluation activities:
Provided, That of the funds made available under this heading,
$56,900,000 (increased by $5,000,000) shall be for minority AIDS
prevention and treatment activities: Provided further, That of the
funds made available under this heading, $101,000,000 shall be for
making competitive grants to public and private entities to fund
medically accurate and complete and age-appropriate (as those terms are
defined in section 513(e) of the Social Security Act (42 U.S.C.
713(e))) programs that reduce teen pregnancy and that do not withhold
information about the effectiveness and benefits of correct and
consistent use of condoms and other contraceptives, and for the Federal
costs associated with administering and evaluating such grants, of
which not more than 10 percent of the available funds shall be for
training and technical assistance, outreach, and additional program
support activities, and of the remaining amount 75 percent shall be for
replicating programs that have been proven effective through rigorous
evaluation to reduce teenage pregnancy, behavioral risk factors
underlying teenage pregnancy, or other associated risk factors, and 25
percent shall be available for research and demonstration grants to
develop, replicate, refine, and rigorously test (defined as randomized
control trial, quasi-experimental design, or regression discontinuity
design) additional models and innovative strategies for preventing
teenage pregnancy: Provided further, That amounts made available under
this heading for programs to reduce teen pregnancy shall meet the
requirements listed in clauses (ii) through (vi) of section
513(b)(2)(B) of the Social Security Act (42 U.S.C. 713(b)(2)(B)(ii)-
(vi)) and shall not be made available by interagency agreement or
otherwise to any agency within the Department of Health and Human
Services other than the Office of the Secretary to carry out or support
such programs: Provided further, That of the amounts provided under
this heading from amounts available under section 241 of the PHS Act,
$6,800,000 shall be available to carry out evaluations (including
longitudinal evaluations) of teenage pregnancy prevention approaches:
Provided further, That funds provided in this Act for embryo adoption
activities may be used to provide to individuals adopting embryos,
through grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided further, That
such services shall be provided consistent with 42 CFR 59.5(a)(4):
Provided further, That of the funds made available under this heading,
$5,000,000 shall be for carrying out prize competitions sponsored by
the Office of the Secretary to accelerate innovation in the prevention,
diagnosis, and treatment of kidney diseases (as authorized by section
24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719)). Provided further, That of the funds made available under this
heading, $3,000,000 shall be for establishing a National Health Care
Workforce Commission (as authorized by section 5101 of Public Law 111-
148).
medicare hearings and appeals
For expenses necessary for Medicare hearings and appeals in the
Office of the Secretary, $191,881,000 shall remain available until
September 30, 2022, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$80,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228: Provided further, That of
the amount made available under this heading, $5,300,000 shall be
available through September 30, 2022, for activities authorized under
section 3022 of the PHS Act relating to information blocking.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during
the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $1,077,458,000 (increased by $5,000,000) (reduced
by $5,000,000), of which $561,700,000 shall remain available through
September 30, 2022, for expenses necessary to support advanced research
and development pursuant to section 319L of the PHS Act and other
administrative expenses of the Biomedical Advanced Research and
Development Authority: Provided, That funds provided under this
heading for the purpose of acquisition of security countermeasures
shall be in addition to any other funds available for such purpose:
Provided further, That products purchased with funds provided under
this heading may, at the discretion of the Secretary, be deposited in
the Strategic National Stockpile pursuant to section 319F-2 of the PHS
Act: Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2023: Provided further, That of the amount made
available under this heading for policy and planning, $5,000,000 shall
remain available until expended for implementation activities related
to the National Biodefense Strategy.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $735,000,000, to
remain available until expended.
For expenses necessary to carry out section 319F-2(a) of the PHS
Act, $705,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $310,000,000; of which $275,000,000
shall be available until expended, for activities including the
development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for
the construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II:
Provided, That none of the funds appropriated in this title shall be
used to prevent the NIH from paying up to 100 percent of the salary of
an individual at this rate.
Sec. 203. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the PHS Act, except for funds
specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 3 percent,
of any amounts appropriated for programs authorized under such Act
shall be made available for the evaluation (directly, or by grants or
contracts) and the implementation and effectiveness of programs funded
in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in
this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided further, That
the Committees on Appropriations of the House of Representatives and
the Senate are notified at least 15 days in advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur up to
60 days after the effective date of a contract awarded in fiscal year
2021 under section 338B of such Act, or at any time if the individual
who has been awarded such contract has not received funds due under the
contract.
Sec. 207. None of the funds appropriated in this Act may be made
available to any entity under title X of the PHS Act unless the
applicant for the award certifies to the Secretary that it encourages
family participation in the decision of minors to seek family planning
services and that it provides counseling to minors on how to resist
attempts to coerce minors into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare Advantage program if the Secretary denies participation in
such program to an otherwise eligible entity (including a Provider
Sponsored Organization) because the entity informs the Secretary that
it will not provide, pay for, provide coverage of, or provide referrals
for abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare Advantage
organization described in this section shall be responsible for
informing enrollees where to obtain information about all Medicare
covered services.
Sec. 210. None of the funds made available in this title may be
used, in whole or in part, to advocate or promote gun control.
Sec. 211. The Secretary shall make available through assignment
not more than 60 employees of the Public Health Service to assist in
child survival activities and to work in AIDS programs through and with
funds provided by the Agency for International Development, the United
Nations International Children's Emergency Fund or the World Health
Organization.
Sec. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad during
fiscal year 2021:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief of
Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or
agencies in participating foreign countries, funds to acquire,
lease, alter, or renovate facilities in those countries as
necessary to conduct programs of assistance for international
health activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such
personnel under section 5304 of title 5, United States Code if
such personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of
the Office of AIDS Research, may transfer up to 3 percent among
institutes and centers from the total amounts identified by these two
Directors as funding for research pertaining to the human
immunodeficiency virus: Provided, That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the
Office of AIDS Research, shall be made available to the ``Office of
AIDS Research'' account. The Director of the Office of AIDS Research
shall transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other
than contracts, cooperative agreements, or grants) to carry out
research identified pursuant to or research and activities described in
such section 402(b)(12).
(b) Peer Review.--In entering into transactions under subsection
(a), the Director may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the Director
determines to be appropriate to obtain assessments of scientific and
technical merit. Such procedures shall apply to such transactions in
lieu of the peer review and advisory council review procedures that
would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources
and Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under section 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and Development
Authority (``BARDA'') may enter into a contract, for more than one but
no more than 10 program years, for purchase of research services or of
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy in
administration, performance, and operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal year 2021
budget justification and on Departmental websites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year
since the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act
under which such funds were appropriated, a statement
indicating the program, project, or activity receiving such
funds, the Federal operating division or office that
administers such program, and the amount of funding received in
discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from
the report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 220. The Secretary shall publish, as part of the fiscal year
2022 budget of the President submitted under section 1105(a) of title
31, United States Code, information that details the uses of all funds
used by the Centers for Medicare & Medicaid Services specifically for
Health Insurance Exchanges for each fiscal year since the enactment of
the ACA and the proposed uses for such funds for fiscal year 2022. Such
information shall include, for each such fiscal year, the amount of
funds used for each activity specified under the heading ``Health
Insurance Exchange Transparency'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Sec. 221. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare & Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002 of the
ACA to the accounts specified, in the amounts specified, and for the
activities specified under the heading ``Prevention and Public Health
Fund'' in the committee report accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, the Secretary may
not further transfer these amounts.
(c) Funds transferred for activities authorized under section 2821
of the PHS Act shall be made available without reference to section
2821(b) of such Act.
Sec. 223. Effective during the period beginning on November 1,
2015 and ending January 1, 2025, any provision of law that refers
(including through cross-reference to another provision of law) to the
current recommendations of the United States Preventive Services Task
Force with respect to breast cancer screening, mammography, and
prevention shall be administered by the Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention
last issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of
the Social Security Act (42 U.S.C. 1395x(jj)).
Sec. 224. In making Federal financial assistance, the provisions
relating to indirect costs in part 75 of title 45, Code of Federal
Regulations, including with respect to the approval of deviations from
negotiated rates, shall continue to apply to the National Institutes of
Health to the same extent and in the same manner as such provisions
were applied in the third quarter of fiscal year 2017. None of the
funds appropriated in this or prior Acts or otherwise made available to
the Department of Health and Human Services or to any department or
agency may be used to develop or implement a modified approach to such
provisions, or to intentionally or substantially expand the fiscal
effect of the approval of such deviations from negotiated rates beyond
the proportional effect of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer discretionary amounts
identified by the Director as funding for opioid addiction, opioid
alternatives, pain management, and addiction treatment among Institutes
and Centers of the NIH to be used for the same purpose 15 days after
notifying the Committees on Appropriations: Provided, That the
transfer authority provided in the previous proviso is in addition to
any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees on
Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care
Act of 2010 pertaining to enrollments during the open
enrollment period, including State enrollment figures
disaggregated by race, ethnicity, preferred language, age, and
sex.
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate must
be notified at least 2 business days in advance of any public release
of enrollment information or the award of such grants.
Sec. 227. The Department of Health and Human Services shall
provide the Committees on Appropriations of the House of
Representatives and Senate a biannual report 30 days after enactment of
this Act on staffing described in the committee report accompanying
this Act.
Sec. 228. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Department of Health and
Human Services shall also be available to pay travel and related
expenses of such an employee or of a member of his or her family, when
such employee is assigned to duty, in the United States or in a U.S.
territory, during a period and in a location that are the subject of a
determination of a public health emergency under section 319 of the
Public Health Service Act and such travel is necessary to obtain
medical care for an illness, injury, or medical condition that cannot
be adequately addressed in that location at that time. For purposes of
this section, the term ``U.S. territory'' means Guam, the Commonwealth
of Puerto Rico, the Northern Mariana Islands, the Virgin Islands,
American Samoa, or the Trust Territory of the Pacific Islands.
Sec. 229. The Department of Health and Human Services may accept
donations from the private sector, nongovernmental organizations, and
other groups independent of the Federal Government for the care of
unaccompanied alien children (as defined in section 462(g)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the
Office of Refugee Resettlement of the Administration for Children and
Families, including medical goods and services, which may include early
childhood developmental screenings, school supplies, toys, clothing,
and any other items intended to promote the wellbeing of such children.
Sec. 230. None of the funds provided by this or any prior
appropriations Act may be used to reverse changes in procedures made by
operational directives issued to providers by the Office of Refugee
Resettlement on December 18, 2018, March 23, 2019, and June 10, 2019
regarding the Memorandum of Agreement on Information Sharing executed
April 13, 2018.
Sec. 231. None of the funds made available in this Act under the
heading ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'' may be
obligated to a grantee or contractor to house unaccompanied alien
children (as such term is defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2)) in any facility that is not
State-licensed for the care of unaccompanied alien children.
Sec. 232. None of the funds made available in this Act may be used
to prevent a United States Senator or Member of the House of
Representatives from entering, for the purpose of conducting oversight,
any facility in the United States used for the purpose of maintaining
custody of, or otherwise housing, unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2))). Nothing in this section shall be construed to
require such a Senator or Member to provide prior notice of the intent
to enter such a facility for such purpose.
Sec. 233. Not later than 14 days after the date of enactment of
this Act, and monthly thereafter, the Secretary shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate, and make publicly available online, a report with respect to
children who were separated from their parents or legal guardians by
the Department of Homeland Security (DHS) (regardless of whether or not
such separation was pursuant to an option selected by the children,
parents, or guardians), subsequently classified as unaccompanied alien
children, and transferred to the care and custody of ORR during the
previous month. Each report shall contain the following information:
(1) The number and ages of children so separated subsequent
to apprehension at or between ports of entry, to be reported by
sector where separation occurred.
(2) The documented cause of separation, as reported by DHS
when each child was referred.
(3) The length of any such separation.
(4) The status of any efforts undertaken by the Secretary
to reunify such children with a parent or legal guardian.
(5) The number of any such reunifications, and whether the
reunified families were placed in family detention.
Sec. 234. None of the funds made available in this or any prior
appropriations Act may be used to implement or enforce the Memorandum
of Agreement Among the Office of Refugee Resettlement of the Department
of Health and Human Services and U.S. Immigration and Customs
Enforcement and U.S. Customs and Border Protection of the Department of
Homeland Security Regarding Consultation and Information Sharing in
Unaccompanied Alien Children Matters, dated April 13, 2018. Nothing in
this section shall be construed to prohibit or restrict the continued
implementation of interagency agreements or coordination of policy
memoranda issued prior to April 13, 2018.
Sec. 235. None of the funds made available in this Act or any
other Act may be used by the Secretary of Health and Human Services to
share information provided by unaccompanied alien children (as defined
in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(g)(2))) during mental health or therapeutic services with the
Department of Homeland Security or the Department of Justice for
immigration enforcement.
Sec. 236. To the extent practicable, and so long as it is
appropriate and in the best interest of the child, in cases where the
Office of Refugee Resettlement of the Department of Health and Human
Services is responsible for the care of siblings who are unaccompanied
alien children (as defined in section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2)), the Director of the Office
shall place the siblings--
(1) in the same facility; or
(2) with the same sponsor.
Sec. 237. The Secretary of Health and Human Services is directed
to report the death of any unaccompanied alien child in Office of
Refugee Resettlement (ORR) custody or in the custody of any grantee on
behalf of ORR within 24 hours, including relevant details regarding the
circumstances of the fatality, to the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 238. Not later than 30 days after the date of enactment of
this Act, the Secretary shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
detailed spend plan of anticipated uses of all funds made available
under the heading ``Department of Health and Human Services--
Administration for Children and Families--Refugee and Entrant
Assistance'', including the following: a list of existing grants and
contracts for both permanent and influx facilities, including their
costs, capacity, and timelines; costs for expanding capacity through
the use of community-based residential care placements (including long-
term and transitional foster care and small group homes) through new or
modified grants and contracts; current and planned efforts to expand
small-scale shelters and available foster care placements, including
collaboration with State child welfare providers; influx facilities
being assessed for possible use; costs and services to be provided for
legal services, child advocates, and post-release services; program
administration; and the average number of weekly referrals and
discharge rate assumed in the spend plan: Provided, That such plan
shall be updated to reflect changes and expenditures and submitted to
the Committees on Appropriations of the House of Representatives and
the Senate every 60 days until all funds are expended or expired.
Sec. 239. Funds appropriated in this Act that are available for
salaries and expenses of employees of the Centers for Disease Control
and Prevention shall also be available for the primary and secondary
schooling of eligible dependents of personnel stationed in a U.S.
territory as defined in section 228 at costs not in excess of those
paid for or reimbursed by the Department of Defense.
Sec. 240. Amounts made available in section 238 of division A of
Public Law 116-94 shall remain available until September 30, 2024, for
installation expenses, including moving expenses, relating to the
Centers for Disease Control and Prevention's Chamblee Campus.
(rescission)
Sec. 241. Of the unobligated balances in the ``Nonrecurring
Expenses Fund'' established in section 223 of division G of Public Law
110-161, $600,000,000 are hereby rescinded not later than September 30,
2021.
Sec. 242. Funds made available in Public Law 113-235 to the
accounts of the National Institutes of Health that were available for
obligation through fiscal year 2015 and were obligated for multi-year
research grants shall be available through fiscal year 2021 for the
liquidation of valid obligations if the Director of the National
Institutes of Health determines the project suffered an interruption of
activities attributable to SARS-CoV-2.
Sec. 243. Not later than 7 days after the date of enactment of
this Act, and weekly thereafter until the public health emergency
related to COVID-19 is no longer in effect, the Secretary of Health and
Human Services shall report to the Committees on Appropriations of the
House of Representatives and the Senate on the current inventory of
ventilators and personal protective equipment in the Strategic National
Stockpile, including the numbers of face shields, gloves, goggles and
glasses, gowns, head covers, masks, and respirators, as well as
deployment of ventilators and personal protective equipment during the
previous week, reported by State and other jurisdiction: Provided,
That after the date that a report is required to be submitted by the
preceding proviso, amounts made available for ``Department of Health
and Human Services--Office of the Secretary--General Departmental
Management'' in Public Law 116-94 for salaries and expenses of the
immediate Office of the Secretary shall be reduced by $250,000 for each
day that such report has not been submitted: Provided further, That
not later than the first Monday in February of fiscal year 2021 and
each fiscal year thereafter, the Secretary shall include in the annual
budget submission for the Department of Health and Human Services, and
submit to the Congress, a professional judgment budget with respect to
expenditures necessary to maintain the minimum level of relevant
supplies in the Strategic National Stockpile, including in case of a
significant pandemic, in consultation with the working group under
section 319F(a) of the Public Health Service Act and the Public Health
Emergency Medical Countermeasures Enterprise established under section
2811-1 of such Act.
Sec. 244. None of the funds made available by this Act may be used
to implement, enforce, or otherwise give effect to the final rule
entitled ``Protecting Statutory Conscience Rights in Health Care;
Delegations of Authority'' (84 Fed. Reg. 23170-23272, May 21, 2019).
Sec. 245. None of the funds made available by this Act may be used
to implement, enforce, or otherwise give effect to the rule entitled
``Nondiscrimination in Health and Health Education Programs or
Activities'' published in the Federal Register on June 19, 2020 (85
Fed. Reg. 37160 et seq.).
Sec. 246. None of the funds appropriated in this Act or otherwise
made available to the Department of Health and Human Services shall be
used to publish the proposed regulation in the Budget of the United
States Government, Fiscal Year 2021 relating to the Medicaid
Nonemergency Medical Transportation benefit for Medicaid beneficiaries.
Sec. 247. None of the funds made available in this Act may be used
to Act may be used to implement, enforce, or otherwise give effect to
the revision to section 447.10 of title 42, Code of Federal
Regulations, contained in the final rule entitled ``Medicaid Program;
Reassignment of Medicaid Provider Claims'' (84 Fed. Reg. 19718 (May 6,
2019)).
Sec. 248. (a) None of the funds made available by this Act may be
awarded to any organization, including under the Federal Foster Care
program under part E of title IV of the Social Security Act, that does
not comply with paragraphs (c) and (d) of section 75.300 of title 45,
Code of Federal Regulations (prohibiting discrimination on the basis of
age, disability, sex, race, color, national origin, religion, gender
identity, or sexual orientation), as in effect on October 1, 2019.
(b) None of the funds made available by this Act may be used by the
Department of Health and Human Services to grant an exception from
either such paragraph for any Federal grantee.
Sec. 249. None of the funds made available by this Act or any
other Act may be used to relocate any facility providing call center
operations for the Centers for Medicare & Medicaid Services unless the
Comptroller General has submitted to the Committees on Appropriations
of the House of Representatives and the Senate an evaluation of
relocation options, which shall include any impact on wages and
benefits for employees, contractors, or subcontractors in connection
with call center operations.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2021''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $17,258,290,000 (reduced by
$2,000,000) (increased by $2,000,000), of which $6,336,990,000 shall
become available on July 1, 2021, and shall remain available through
September 30, 2022, and of which $10,841,177,000 shall become available
on October 1, 2021, and shall remain available through September 30,
2022, for academic year 2021-2022: Provided, That $6,459,401,000 shall
be for basic grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to the
Secretary of Education (referred to in this title as ``Secretary'') on
October 1, 2020, to obtain annually updated local educational agency-
level census poverty data from the Bureau of the Census: Provided
further, That $1,362,301,000 shall be for concentration grants under
section 1124A of the ESEA: Provided further, That $4,371,050,000 shall
be for targeted grants under section 1125 of the ESEA: Provided
further, That $4,371,050,000 shall be for education finance incentive
grants under section 1125A of the ESEA: Provided further, That
$220,500,000 shall be for carrying out subpart 2 of part B of title II:
Provided further, That $46,623,000 shall be for carrying out section
418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,491,112,000
(increased by $1,000,000), of which $1,345,242,000 (increased by
$1,000,000) shall be for basic support payments under section 7003(b),
$48,316,000 shall be for payments for children with disabilities under
section 7003(d), $17,406,000 shall be for construction under section
7007(b), $75,313,000 shall be for Federal property payments under
section 7002, and $4,835,000, to remain available until expended, shall
be for facilities maintenance under section 7008: Provided, That for
purposes of computing the amount of a payment for an eligible local
educational agency under section 7003(a) for school year 2020-2021,
children enrolled in a school of such agency that would otherwise be
eligible for payment under section 7003(a)(1)(B) of such Act, but due
to the deployment of both parents or legal guardians, or a parent or
legal guardian having sole custody of such children, or due to the
death of a military parent or legal guardian while on active duty (so
long as such children reside on Federal property as described in
section 7003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section, provided
such students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change in
eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,453,617,000 (increased by $500,000) (reduced by $500,000) (reduced
by $1,000,000) (increased by $1,000,000) (increased by $1,000,000)
(reduced by $1,000,000), of which $3,623,052,000 (increased by
$500,000) (reduced by $500,000) shall become available on July 1, 2021,
and remain available through September 30, 2022, and of which
$1,681,441,000 shall become available on October 1, 2021, and shall
remain available through September 30, 2022, for academic year 2021-
2022: Provided, That $378,000,000 shall be for part B of title I:
Provided further, That $1,262,673,000 shall be for part B of title IV:
Provided further, That $37,897,000 shall be for part B of title VI,
which may be used for construction, renovation, and modernization of
any public elementary school, secondary school, or structure related to
a public elementary school or secondary school that serves a
predominantly Native Hawaiian student body, and that the 5 percent
limitation in section 6205(b) of the ESEA on the use of funds for
administrative purposes shall apply only to direct administrative
costs: Provided further, That $35,953,000 shall be for part C of title
VI, which shall be awarded on a competitive basis, and may be used for
construction, and that the 5 percent limitation in section 6305 of the
ESEA on the use of funds for administrative purposes shall apply only
to direct administrative costs: Provided further, That $52,000,000
shall be available to carry out section 203 of the Educational
Technical Assistance Act of 2002 and the Secretary shall make such
arrangements as determined to be necessary to ensure that the Bureau of
Indian Education has access to services provided under this section:
Provided further, That $16,699,000 shall be available to carry out the
Supplemental Education Grants program for the Federated States of
Micronesia and the Republic of the Marshall Islands: Provided further,
That the Secretary may reserve up to 5 percent of the amount referred
to in the previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That $186,840,000
shall be for part B of title V: Provided further, That $1,220,000,000
(increased by $1,000,000) (reduced by $1,000,000) shall be available
for grants under subpart 1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $181,239,000, of which
$67,993,000 shall be for subpart 2 of part A of title VI and $7,865,000
shall be for subpart 3 of part A of title VI: Provided, That the 5
percent limitation in sections 6115(d), 6121(e), and 6133(g) of the
ESEA on the use of funds for administrative purposes shall apply only
to direct administrative costs.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3, and 4 of
part B of title II, and parts C, D, and E and subparts 1 and 4 of part
F of title IV of the ESEA, $1,074,815,000 (increased by $1,000,000)
(increased by $500,000): Provided, That $285,815,000 (increased by
$500,000) shall be for subparts 1, 3, and 4 of part B of title II and
shall be made available without regard to sections 2201, 2231(b), and
2241: Provided further, That $594,000,000 (increased by $1,000,000)
shall be for parts C, D, and E and subpart 4 of part F of title IV, and
shall be made available without regard to sections 4311, 4409(a), and
4601 of the ESEA: Provided further, That notwithstanding section
4601(b), $195,000,000 shall be available through December 31, 2021, for
subpart 1 of part F of title IV, of which $110,000,000 shall be for
social and emotional learning grants, and $85,000,000 shall be used for
science, technology, engineering, arts, and mathematics, including
computer science education grants.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part
F of title IV of the ESEA, $218,000,000 (increased by $1,000,000):
Provided, That $106,000,000 shall be available for section 4631, of
which up to $5,000,000 (increased by $1,000,000), to remain available
until expended, shall be for the Project School Emergency Response to
Violence (Project SERV) program: Provided further, That $30,000,000
(increased by $1,000,000) shall be available for section 4625:
Provided further, That $82,000,000 shall be available through December
31, 2021, for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA, $797,400,000
(reduced by $10,000,000) (increased by $10,000,000), which shall become
available on July 1, 2021, and shall remain available through September
30, 2022, except that 6.5 percent of such amount shall be available on
October 1, 2020, and shall remain available through September 30, 2022,
to carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$14,092,995,000, of which $4,553,979,000 shall become available on July
1, 2021, and shall remain available through September 30, 2022, and of
which $9,283,383,000 shall become available on October 1, 2021, and
shall remain available through September 30, 2022, for academic year
2021-2022: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2020, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2020: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under
this heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso
to local educational agencies in accordance with section 611(f):
Provided further, That the amount by which a State's allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos in fiscal
year 2012 or any subsequent year shall not be considered in calculating
the awards under section 611(d) for fiscal year 2013 or for any
subsequent fiscal years: Provided further, That, notwithstanding the
provision in section 612(a)(18)(B) regarding the fiscal year in which a
State's allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the Secretary may
apply the reduction specified in section 612(a)(18)(B) over a period of
consecutive fiscal years, not to exceed 5, until the entire reduction
is applied: Provided further, That the Secretary may, in any fiscal
year in which a State's allocation under section 611 is reduced in
accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under section 612(a)(18)(B) bears to the total allocation the
State would have received in that fiscal year under section 611(d) in
the absence of the reduction: Provided further, That the Secretary
shall either reduce the allocation of funds under section 611 for any
fiscal year following the fiscal year for which the State fails to
comply with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may be used
to provide technical assistance to States to improve the capacity of
the States to meet the data collection requirements of sections 616 and
618 and to administer and carry out other services and activities to
improve data collection, coordination, quality, and use under parts B
and C of the IDEA: Provided further, That the Secretary may use funds
made available for the State Personnel Development Grants program under
part D, subpart 1 of IDEA to evaluate program performance under such
subpart: Provided further, That States may use funds reserved for
other State-level activities under sections 611(e)(2) and 619(f) of the
IDEA to make subgrants to local educational agencies, institutions of
higher education, other public agencies, and private non-profit
organizations to carry out activities authorized by those sections:
Provided further, That, notwithstanding section 643(e)(2)(A) of the
IDEA, if five or fewer States apply for grants pursuant to section
643(e) of such Act, the Secretary shall provide a grant to each State
in an amount equal to the maximum amount described in section
643(e)(2)(B) of such Act: Provided further, That if more than five
States apply for grants pursuant to section 643(e) of the IDEA, the
Secretary shall award funds to those States on the basis of the States'
relative populations of infants and toddlers except that no such State
shall receive a grant in excess of the amount described in section
643(e)(2)(B) of such Act: Provided further, That States may use funds
received under part C of the IDEA to make subgrants to local
educational agencies, institutions of higher education, other public
agencies and private nonprofit organizations to carry out activities
authorized by such part.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Helen Keller National Center Act, and
the Randolph-Sheppard Act, $3,827,500,000, of which $3,667,801,000
shall be for grants for vocational rehabilitation services under title
I of the Rehabilitation Act: Provided, That the Secretary may use
amounts provided in this Act that remain available subsequent to the
reallotment of funds to States pursuant to section 110(b) of the
Rehabilitation Act for innovative activities aimed at improving the
outcomes of individuals with disabilities as defined in section
7(20)(B) of the Rehabilitation Act, including activities aimed at
improving the education and post-school outcomes of children receiving
Supplemental Security Income (``SSI'') and their families that may
result in long-term improvement in the SSI child recipient's economic
status and self-sufficiency: Provided further, That States may award
subgrants for a portion of the funds to other public and private,
nonprofit entities: Provided further, That any funds made available
subsequent to reallotment for innovative activities aimed at improving
the outcomes of individuals with disabilities shall remain available
until September 30, 2022: Provided further, That $20,000,000 of these
funds shall be available to the Secretary for one-time emergency relief
and restoration grants consistent with the purposes of the Randolph-
Sheppard Act as authorized under 20 U.S.C. 107f: Provided further,
That the Secretary shall use such funds to make grants to each State
licensing agency in the same proportion as the number of blind vendors
operating a vending facility in such State as compared to the number of
blind vendors operating a vending facility in all the States on
September 30, 2019: Provided further, That the State licensing agency
shall use these grants to make financial relief and restoration
payments to offset losses of blind vendors resulting from the COVID-19
emergency, but only to the extent that such losses are not otherwise
compensated: Provided further, That any funds in excess of the amount
needed for relief and restoration payments to blind vendors shall be
used by the State licensing agency for other purposes authorized by
section 395.9 of title 34, Code of Federal Regulations, as in effect on
the date of enactment of this Act, and determined through active
participation with the State committee of blind vendors as required.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to Promote the Education of the Blind of
March 3, 1879, $32,931,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I
and II of the Education of the Deaf Act of 1986, $81,000,000:
Provided, That from the total amount available, the Institute may at
its discretion use funds for the endowment program as authorized under
section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf Act of
1986, $139,861,000: Provided, That from the total amount available,
the University may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 (``Perkins Act'')
and the Adult Education and Family Literacy Act (``AEFLA''),
$1,985,686,000, of which $1,194,686,000 shall become available on July
1, 2021, and shall remain available through September 30, 2022, and of
which $791,000,000 shall become available on October 1, 2021, and shall
remain available through September 30, 2022: Provided, That of the
amounts made available for AEFLA, $13,712,000 shall be for national
leadership activities under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,565,352,000 which shall remain available
through September 30, 2022.
The maximum Pell Grant for which a student shall be eligible during
award year 2021-2022 shall be $5,435.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,768,943,000, to remain available through
September 30, 2022: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on
the basis of their past performance compared to all loan servicers
utilizing established common metrics, and on the basis of the capacity
of each servicer to process new and existing accounts and compliance
with Federal and State law: Provided further, That for student loan
contracts awarded prior to October 1, 2017, the Secretary shall allow
student loan borrowers who are consolidating Federal student loans to
select from any student loan servicer to service their new consolidated
student loan: Provided further, That in order to promote
accountability and high-quality service to borrowers, the Secretary
shall not award funding for any contract solicitation for a new Federal
student loan servicing environment, including the solicitation for the
Federal Student Aid (FSA) Next Generation Processing and Servicing
Environment, unless such an environment provides for the participation
of multiple student loan servicers that contract directly with the
Department of Education: Provided further, That the FSA Next
Generation Processing and Servicing Environment, or any new Federal
student loan servicing environment, shall include accountability
measures that account for the performance of the portfolio and
contractor compliance with FSA guidelines: Provided further, That the
Department shall re-allocate accounts from servicers for recurring non-
compliance with FSA guidelines, contractual requirements, and Federal
and State law, including for failure to sufficiently inform borrowers
of available repayment options: Provided further, That such servicers
shall be evaluated based on their ability to meet contract requirements
(including an understanding of Federal and State law), future
performance on the contracts, and history of compliance with applicable
consumer protections laws, including Federal and State law: Provided
further, That to the extent FSA permits student loan servicing
subcontracting, FSA shall hold prime contractors accountable for
meeting the requirements of the contract, and the performance and
expectations of subcontractors shall be accounted for in the prime
contract and in the overall performance of the prime contractor:
Provided further, That FSA shall ensure that the Next Generation
Processing and Servicing Environment, or any new Federal loan servicing
environment, incentivize more support to borrowers at risk of
delinquency or default: Provided further, That FSA shall ensure that
in such environment contractors have the capacity to meet and are held
accountable for performance on service levels; are held accountable for
and have a history of compliance with applicable consumer protection
laws, including Federal and State law; and have relevant experience and
demonstrated effectiveness: Provided further, That the Secretary shall
not delay, prevent, or otherwise obstruct, directly or indirectly,
State oversight of the Department's contractors conducting business in
such State, including loan servicers: Provided further, That the
Secretary shall provide quarterly briefings to the Committees on
Appropriations and Education and Labor of the House of Representatives
and the Committees on Appropriations and Health, Education, Labor, and
Pensions of the Senate on general progress related to solicitations for
Federal student loan servicing contracts: Provided further, That FSA
shall strengthen transparency through expanded publication of aggregate
data on student loan and servicer performance: Provided further, That
FSA shall provide a detailed strategic plan for Next Gen to the
Committees on Appropriations of the House of Representatives and the
Senate within 60 days of enactment of this Act, accounting for the cost
of all activities associated with the full implementation of Next Gen,
including transition costs, the amount of funding that has been used
from Student Aid Administration in each of the previous 3 fiscal years
on Next Gen, including an explanation of each cost and activity,
details about contracts awarded, including any change request issued
prior to enactment: Provided further, That not later than 30 days
after enactment of this Act, FSA shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
detailed spend plan of anticipated uses made available in this account
for fiscal year 2021, including the following: contracts awarded,
change requests, bonuses paid to staff, reorganization costs, and any
other activity supported by this appropriation.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
$2,556,815,000 (reduced by $10,000,000) (increased by $10,000,000)
(increased by $500,000), of which $31,000,000 shall remain available
through December 31, 2021: Provided, That notwithstanding any other
provision of law, funds made available in this Act to carry out title
VI of the HEA and section 102(b)(6) of the Mutual Educational and
Cultural Exchange Act of 1961 may be used to support visits and study
in foreign countries by individuals who are participating in advanced
foreign language training and international studies in areas that are
vital to United States national security and who plan to apply their
language skills and knowledge of these countries in the fields of
government, the professions, or international development: Provided
further, That of the funds referred to in the preceding proviso up to 1
percent may be used for program evaluation, national outreach, and
information dissemination activities: Provided further, That up to 1.5
percent of the funds made available under chapter 2 of subpart 2 of
part A of title IV of the HEA may be used for evaluation: Provided
further, That section 313(d) of the HEA shall not apply to an
institution of higher education that is eligible to receive funding
under section 318 of the HEA.
Howard University
For partial support of Howard University, $254,018,000, of which
not less than $3,405,000 shall be for a matching endowment grant
pursuant to the Howard University Endowment Act and shall remain
available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA,
$435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $22,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2022: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $278,266,000:
Provided further, That these funds may be used to support loans to
public and private Historically Black Colleges and Universities without
regard to the limitations within section 344(a) of the HEA.
In addition, $16,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to
eligible institutions that are private Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment by having a score of 2.6
or less on the Department of Education's financial responsibility test:
Provided, That the loan has not been paid in full and is not paid in
full during the period of deferment: Provided further, That during the
period of deferment of such a loan, interest on the loan will not
accrue or be capitalized, and the period of deferment shall be for at
least a period of 3 fiscal years and not more than 6 fiscal years:
Provided further, That funds available under this paragraph shall be
used to fund eligible deferment requests submitted for this purpose in
fiscal year 2018: Provided further, That the Secretary shall create
and execute an outreach plan to work with States and the Capital
Financing Advisory Board to improve outreach to States and help
additional public Historically Black Colleges and Universities
participate in the program.
In addition, $10,000,000 shall be made available to provide for the
deferment of loans made under part D of title III of the HEA to
eligible institutions that are public Historically Black Colleges and
Universities, which apply for the deferment of such a loan and
demonstrate financial need for such deferment, which shall be
determined by the Secretary of Education based on factors including,
but not limited to, equal to or greater than 5 percent of the school's
operating revenue relative to its annual debt service payment:
Provided, That during the period of deferment of such a loan, interest
on the loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3 fiscal years and not more
than 6 fiscal years.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with Disabilities
Education Act, $630,462,000 (reduced by $1,000,000) (increased by
$1,000,000), which shall remain available through September 30, 2022:
Provided, That funds available to carry out section 208 of the
Educational Technical Assistance Act may be used to link Statewide
elementary and secondary data systems with early childhood,
postsecondary, and workforce data systems, or to further develop such
systems: Provided further, That up to $6,000,000 of the funds
available to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private
organizations or agencies to support activities to improve data
coordination, quality, and use at the local, State, and national
levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $430,000,000 (increased by $500,000) (reduced
by $500,000) (reduced by $1,000,000) (reduced by $500,000) (reduced by
$1,000,000) (reduced by $1,000,000) (reduced by $500,000) (reduced by
$2,000,000) (increased by $2,000,000): Provided, That, notwithstanding
any other provision of law, none of the funds provided by this Act or
provided by previous Appropriations Acts to the Department of Education
available for obligation or expenditure in the current fiscal year may
be used for any activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of the Budget
Service of the Department of Education, relative to the organization
and operation of the Budget Service as in effect on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $132,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $64,000,000, of which $2,000,000 shall remain available until
expended.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to prevent
the implementation of programs of voluntary prayer and meditation in
the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall be available only to meet emergency needs and shall not
be used to create any new program or to fund any project or activity
for which no funds are provided in this Act: Provided further, That
the Committees on Appropriations of the House of Representatives and
the Senate are notified at least 15 days in advance of any transfer.
Sec. 303. Funds appropriated in this Act and consolidated for
evaluation purposes under section 8601(c) of the ESEA shall be
available from July 1, 2021, through September 30, 2022.
Sec. 304. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2021 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of the
HEA are reauthorized.
Sec. 305. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ``2020'' and inserting ``2021''.
Sec. 306. Section 458(a) of the HEA (20 U.S.C. 1087h(a)(4)) is
amended by striking ``2020'' and inserting ``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' shall also be available for payments for
student loan servicing to an institution of higher education that
services outstanding Federal Perkins Loans under part E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.).
(rescission)
Sec. 308. Of the amounts appropriated under Section
401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(7)(A)(iv)(XI)), $21,000,000 are hereby rescinded, to be
derived from amounts made available by such section for fiscal year
2021.
Sec. 309. Of the amounts made available under this title under the
heading ``Student Aid Administration'', $2,300,000 shall be used by the
Secretary of Education to conduct outreach to borrowers of loans made
under part D of title IV of the Higher Education Act of 1965 who may
intend to qualify for loan cancellation under section 455(m) of such
Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the
terms and conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist borrowers who
would qualify for loan cancellation under section 455(m) of such Act
except that the borrower has made some, or all, of the 120 required
payments under a repayment plan that is not described under section
455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying
repayment plan: Provided further, That the Secretary shall also
communicate to all Direct Loan borrowers the full requirements of
section 455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information such as
outbound calls, electronic communications, ensuring prominent access to
program requirements and benefits on each servicer's website, and
creating an option for all borrowers to complete the entire payment
certification process electronically and on a centralized website.
Sec. 310. None of the funds made available by this Act may be used
in contravention of section 203 of the Department of Education
Organization Act (20 U.S.C. 3413).
Sec. 311. For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $50,000,000, to remain
available until expended, shall be for the cost, as defined under
section 502 of the Congressional Budget Act of 1974, of the Secretary
of Education providing loan cancellation in the same manner as under
section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)), for borrowers of loans made under part D of title IV of such
Act who would qualify for loan cancellation under section 455(m) except
some, or all, of the 120 required payments under section 455(m)(1)(A)
do not qualify for purposes of the program because they were monthly
payments made in accordance with graduated or extended repayment plans
as described under subparagraph (B) or (C) of section 455(d)(1) or the
corresponding repayment plan for a consolidation loan made under
section 455(g), with exception for a borrower who would have otherwise
been eligible under this section but demonstrates an unusual
fluctuation of income over the past 5 years: Provided, That the total
loan volume, including outstanding principal, fees, capitalized
interest, or accrued interest, at application that is eligible for such
loan cancellation by such borrowers shall not exceed $75,000,000:
Provided further, That the Secretary shall develop and make available a
simple method for borrowers to apply for loan cancellation under this
section within 60 days of enactment of this Act: Provided further,
That the Secretary shall provide loan cancellation under this section
to eligible borrowers on a first-come, first-serve basis, based on the
date of application and subject to both the limitation on total loan
volume at application for such loan cancellation specified in the first
proviso and the availability of appropriations under this section:
Provided further, That no borrower may, for the same service, receive a
reduction of loan obligations under both this section and section 428J,
428K, 428L, or 460 of such Act: Provided further, That the Secretary
shall inform all borrowers who have submitted an Employment
Certification Form and are in the incorrect repayment program about the
Temporary Expanded Public Service Loan Forgiveness Program and
requirements for qualification under the program.
Sec. 312. (a) The General Education Provisions Act (20 U.S.C. 1221
et seq.) is amended by striking section 426.
(b) Paragraph (9) of section 4407(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7231f(a)) is amended by
striking ``notwithstanding section 426 of the General Education
Provisions Act (20 U.S.C. 1228),''.
Sec. 313. (a) Section 487(d) of the Higher Education Act of 1965
(20 U.S.C. 1094(d)) is amended--
(1) in paragraph (1)(C), in the matter preceding clause
(i), by striking ``any funds for a program under this title''
and inserting ``any Federal education assistance funds''; and
(2) in paragraph (4)(A), by striking ``sources under this
title'' and inserting ``Federal education assistance funds''.
(b) Section 102(b) of the HEA is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' after
the semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) meets the requirements of paragraph (3),'';
and
(2) by adding at the end the following:
``(3) Revenue sources.-- In order to qualify as a
proprietary institution of higher education under this
subsection, an institution shall derive not less than 15
percent of the institution's revenues from sources other than
Federal education assistance funds, as calculated in accordance
with paragraph (4).''.
(c) Paragraph (1) of section 487(d) of the HEA (as amended by
subsection (a)) is--
(1) transferred to section 102(b) of such Act;
(2) inserted so as to appear after paragraph (3) of such
section 102(b) (as added by subsection (b);
(3) redesignated as paragraph (4) of such section 102(b);
and
(4) further amended by striking ``subsection (a)(24)'' and
inserting ``paragraph (3)''.
(d) Paragraph (3) of section 487(d) of the HEA is--
(1) transferred to section 102(b) of such Act;
(2) inserted so as to appear after paragraph (4) of such
section 102(b) (as added by subsection (c));
(3) redesignated as paragraph (5) of such section 102(b);
and
(4) further amended by striking ``subsection (a)(24)'' and
inserting ``paragraph (3)''.
(e) Paragraph (4) of section 487(d) of the HEA (as amended by
subsection (a)) is--
(1) transferred to section 102(b) of such Act;
(2) inserted so as to appear after paragraph (5) of such
section 102(b) (as added by subsection (d));
(3) redesignated as paragraph (6) of such section 102(b);
and
(4) further amended by striking ``subsection (a)(24)'' and
inserting ``paragraph (3)''.
(f) Section 103 of the HEA (20 U.S.C. 1003) is amended by adding at
the end the following:
``(25) Federal education assistance funds.-- The term
`Federal education assistance funds'--
``(A) except as provided in subparagraph (B), means
any Federal funds provided, under this Act or any other
Federal law, through a grant, contract, subsidy, loan,
or guarantee, or through insurance or other means
(including Federal funds disbursed or delivered to an
institution or on behalf of a student or to a student
to be used to attend the institution); and
``(B) does not include any monthly housing stipend
provided under the Post-9/11 Educational Assistance
Program under chapter 33 of title 38, United States
Code.''.
(g) Subsection (a)(24), the subsection designation and heading of
subsection (d), and subsection (d)(2) of section 487 the Higher
Education Act of 1965 (20 U.S.C. 1094) are repealed.
Sec. 314. (a) None of the funds appropriated by this title may be
used to--
(1) implement, enforce, or otherwise give effect to the
final rule entitled, ``Nondiscrimination on the Basis of Sex in
Education Programs or Activities Receiving Federal Financial
Assistance'' as published in the Federal Register on May 19,
2020 (85 Fed. Reg. 30,026); or
(2) propose or issue any rule or guidance that is in
substantially the same form or substantially the same as any of
such proposed amendments.
(b) Nothing in this section shall prevent the Secretary of
Education or the Office for Civil Rights of the Department of Education
from enforcing the protection provided by title IX of the Education
Amendments of 1972 against sexual harassment in accordance with the
standards set out in the guidance, entitled ``Revised Sexual Harassment
Guidance: Harassment of Students by School Employees, Other Students,
or Third Parties'' as published in the Federal Register on January 19,
2001 (66 Fed. Reg. 5,512).
Sec. 315. (a) Notwithstanding section 401(b)(6) of the HEA, a
Federal Pell Grant under section 401 of the HEA may be awarded to an
incarcerated individual (or on behalf of such individual) for each
academic year during which that individual is enrolled at an eligible
institution that meets the criteria described in subsection (b).
(b) The criteria described in this subsection are as follows:
(1) The eligible institution--
(A) is an institution of higher education (as
defined in section 101 of the HEA) or a postsecondary
vocational institution (as defined in section 102(c) of
the HEA); and
(B) during the preceding 5 years, has not been
subject to the denial, withdrawal, suspension, or
termination of accreditation.
(2) Such institution provides each incarcerated individual,
upon completion of a course offered by the institution, with
academic credits that are the equivalent to credits earned by
non-incarcerated students for an equivalent course of study.
(3) Such institution provides to the Secretary confirmation
from each facility involved that the course of study offered by
the institution at such facility is accessible to incarcerated
individuals (including such individuals who are individuals
with disabilities).
(4) Such institution does not (directly or indirectly)
charge an incarcerated individual for an award year, an amount
that exceeds the total grant aid received by the individual for
such award year.
(5) Such institution makes available to incarcerated
individuals who are considering enrolling in a course of study
offered by the institution, in simple and understandable terms,
the following:
(A) Information with respect to each course of
study at the institution for which such an individual
may receive a Federal Pell Grant, including--
(i) the cost of attendance (as defined in
section 472 of the HEA);
(ii) the mode of instruction (such as
distance education, in-person instruction, or a
combination of such modes);
(iii) how enrollment in such course of
study will impact the period of eligibility for
Federal Pell Grants for such an individual,
including in a case in which the individual is
transferred to another facility or released
before the completion of such course;
(iv) the transferability of credits earned,
and the acceptability of such credits toward a
certificate or degree program offered by the
institution;
(v) the process for continuing
postsecondary education--
(I) upon transfer to another
facility; or
(II) after the student's period of
incarceration or confinement; and
(vi) the process for continuing enrollment
at the institution after the student's period
of incarceration or confinement, including any
barriers to admission (such as criminal history
questions on applications for admission to such
institution).
(B) In the case of an institution that offers a
program to prepare incarcerated individuals for gainful
employment in a recognized occupation (as such term is
used in sections 101(b)(1), 102(c)(1)(A), and
481(b)(1)(A)(i) of the HEA)--
(i) information on any applicable State
licensure and certification requirements,
including the requirements of the State in
which the facility involved is located and each
State in which such individuals permanently
reside; and
(ii) restrictions related to the employment
of formerly incarcerated individuals for each
recognized occupation for which the course of
study prepares students, including such
restrictions--
(I) in Federal law; and
(II) in the laws of the State in
which the facility involved is located
and each State in which such
individuals permanently reside.
(c) In this section:
(1) The term ``facility'' means--
(A) a place used for the confinement of individuals
convicted of a criminal offense that is owned by, or
under contract to, the Bureau of Prisons, a State, or a
unit of local government; or
(B) a facility to which an individual subject to
involuntary civil confinement is committed.
(2) The term ``facility involved'' means, when used with
respect to an institution of higher education, a facility at
which a course of study of the institution is offered to
incarcerated individuals.
(3) The term ``incarcerated individual'' means an
individual who is incarcerated in a facility or who is subject
to an involuntary civil commitment.
(4) The term ``non-incarcerated student'' means a student
at an institution of higher education who is not an
incarcerated individual.
(d) This section shall be in effect until titles I, II, III, IV,
and V of the HEA are reauthorized.
Sec. 316. None of the funds appropriated by this title for the
Department of Education shall be withheld from an institution of higher
education solely because that institution is conducting or preparing to
conduct research on marihuana as defined in 21 U.S.C. 802(16).
Sec. 317. The Secretary shall require any information required to
be publicly disclosed for the purpose of comparing institutions of
higher education, programs and credentials (including their
competencies), to be published using an open source description schema
that is designed to allow for public search and comparison through
linked open data, such as the credential transparency description
language specifications or a substantially similar approach.
This title may be cited as the ``Department of Education
Appropriations Act, 2021''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled (referred to in this title as ``the
Committee'') established under section 8502 of title 41, United States
Code, $10,000,000: Provided, That in order to authorize any central
nonprofit agency designated pursuant to section 8503(c) of title 41,
United States Code, to perform requirements of the Committee as
prescribed under section 51-3.2 of title 41, Code of Federal
Regulations, the Committee shall enter into a written agreement with
any such central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41, United
States Code: Provided further, That such agreement shall include the
elements listed under the heading ``Committee For Purchase From People
Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
explanatory statement described in section 4 of Public Law 114-113 (in
the matter preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge a fee
under section 51-3.5 of title 41, Code of Federal Regulations, prior to
executing a written agreement with the Committee: Provided further,
That no less than $1,650,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title
as ``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $848,529,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management
of the grants cycle; (2) $19,538,000 shall be available to provide
assistance to State commissions on national and community service,
under section 126(a) of the 1990 Act and notwithstanding section
501(a)(5)(B) of the 1990 Act; (3) $34,500,000 shall be available to
carry out subtitle E of the 1990 Act; and (4) $6,400,000 shall be
available for expenses authorized under section 501(a)(4)(F) of the
1990 Act, which, notwithstanding the provisions of section 198P shall
be awarded by CNCS on a competitive basis: Provided further, That for
the purposes of carrying out the 1990 Act, satisfying the requirements
in section 122(c)(1)(D) may include a determination of need by the
local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $212,342,000, to remain
available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ``Operating Expenses'' allocated
to grants under subtitle C of title I of the 1990 Act to the National
Service Trust upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to the Committees on Appropriations of the House
of Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust may be
invested under section 145(b) of the 1990 Act without regard to the
requirement to apportion funds under 31 U.S.C. 1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $86,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $6,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2021, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose
any covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or employee
of CNCS that is authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the National
Service Trust program shall meet an overall minimum share requirement
of 24 percent for the first 3 years that they receive AmeriCorps
funding, and thereafter shall meet the overall minimum share
requirement as provided in section 2521.60 of title 45, Code of Federal
Regulations, without regard to the operating costs match requirement in
section 121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver consistent
with section 2521.70 of title 45, Code of Federal Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I
and II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990
Act shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of the 1990
Act, an individual who successfully completes a term of service of not
less than 1,200 hours during a period of not more than 1 year may
receive a national service education award having a value of 70 percent
of the value of a national service education award determined under
section 147(a) of the Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''),
as authorized by the Communications Act of 1934, an amount which shall
be available within limitations specified by that Act, for the fiscal
year 2023, $515,000,000: Provided, That none of the funds made
available to CPB by this Act shall be used to pay for receptions,
parties, or similar forms of entertainment for Government officials or
employees: Provided further, That none of the funds made available to
CPB by this Act shall be available or used to aid or support any
program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That none of the
funds made available to CPB by this Act shall be used to apply any
political test or qualification in selecting, appointing, promoting, or
taking any other personnel action with respect to officers, agents, and
employees of CPB.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system and other technologies
and services that create infrastructure and efficiencies within the
public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out
the functions vested in it by the Civil Service Reform Act,
$48,600,000, including up to $900,000 to remain available through
September 30, 2022, for activities authorized by the Labor-Management
Cooperation Act of 1978: Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the
Director of the Service is authorized to accept and use on behalf of
the United States gifts of services and real, personal, or other
property in the aid of any projects or functions within the Director's
jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and
the National Museum of African American History and Culture Act,
$257,000,000 (reduced by $10,000,000) (increased by $10,000,000).
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $8,780,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $12,905,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,350,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $277,824,000 of which $1,000,000 shall be
used to develop a system and procedures to conduct union representation
elections electronically: Provided, That the National Labor Relations
Board shall use funds provided under this heading to expand the number
of regional full-time equivalent staff above the amount on-board at the
end of the fourth quarter of fiscal year 2019: Provided further, That
the system and procedures described in the previous proviso shall be
available to conduct union representation elections electronically no
later than 30 days after the date of enactment of this Act.
administrative provisions
Sec. 407. None of the funds made available by this Act may be used
to implement , enforce, or take any action in furtherance of the final
rule on ``The Standard for Determining Joint-Employer Status''
published by the National Labor Relations Board in the Federal Register
on February 26, 2020 (85 Fed. Reg. 11184 et seq.).
Sec. 408. None of the funds made available by this Act may be used
to implement, enforce, or take any actions in furtherance of, the final
rule on ``Representation-Case Procedures'' published by the National
Labor Relations Board in the Federal Register on December 18, 2019 (84
Fed. Reg. 69524 et seq.).
Sec. 409. (a) None of the funds made available by this Act may be
used to restructure or realign the National Labor Relations Board until
240 days after the National Labor Relations Board submits to the
Committees on Appropriations of the House of Representatives and the
Senate (in this section referred to as the ``Committees on
Appropriations'') and to the Comptroller General of the United States,
the proposed restructuring or realignment plan of the National Labor
Relations Board.
(b) Not later than 180 days after the National Labor Relations
Board submits to the Committees on Appropriations the plan described in
subsection (a), the Comptroller General shall submit to the Committees
on Appropriations a report assessing such plan.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$14,300,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $13,000,000,
which shall include amounts becoming available in fiscal year 2021
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds the amount
available for payment of vested dual benefits: Provided, That the
total amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2022, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $126,500,000, to be derived in
such amounts as determined by the Board from the railroad retirement
accounts and from moneys credited to the railroad unemployment
insurance administration fund: Provided, That notwithstanding section
7(b)(9) of the Railroad Retirement Act this limitation may be used to
hire attorneys only through the excepted service: Provided further,
That the previous proviso shall not change the status under Federal
employment laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That notwithstanding
section 7(b)(9) of the Railroad Retirement Act, this limitation may be
used to hire students attending qualifying educational institutions or
individuals who have recently completed qualifying educational programs
using current excepted hiring authorities established by the Office of
Personnel Management: Provided further, That $10,000,000, to remain
available until expended, shall be used to supplement, not supplant,
existing resources devoted to operations and improvements for the
Board's Information Technology Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $11,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$40,172,492,000, to remain available until expended: Provided, That
any portion of the funds provided to a State in the current fiscal year
and not obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than $86,000,000 shall
be available for research and demonstrations under sections 1110, 1115,
and 1144 of the Social Security Act, and remain available through
September 30, 2023.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2022, $19,600,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $12,834,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,500,000 shall be for the Social Security Advisory
Board: Provided further, That $45,000,000 shall remain available until
expended for information technology modernization, including related
hardware and software infrastructure and equipment, and for
administrative expenses directly associated with information technology
modernization: Provided further, That of the amount made available in
the preceding proviso, $4,000,000 shall be transferred to the ``Office
of Inspector General'', Social Security Administration, for information
technology modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses directly
associated with information technology modernization: Provided
further, That such transfer authority is in addition to any other
transfer authority provided by law: Provided further, That $50,000,000
shall remain available through September 30, 2022, for activities to
address the disability hearings backlog within the Office of Hearings
Operations: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2021 not needed
for fiscal year 2021 shall remain available until expended to invest in
the Social Security Administration information technology and
telecommunications hardware and software infrastructure, including
related equipment and non-payroll administrative expenses associated
solely with this information technology and telecommunications
infrastructure: Provided further, That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations, or
procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
Of the total amount made available in the first paragraph under
this heading, not more than $1,575,000,000, to remain available through
March 31, 2022, is for the costs associated with continuing disability
reviews under titles II and XVI of the Social Security Act, including
work-related continuing disability reviews to determine whether
earnings derived from services demonstrate an individual's ability to
engage in substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of the
Social Security Act, for the cost of co-operative disability
investigation units, and for the cost associated with the prosecution
of fraud in the programs and operations of the Social Security
Administration by Special Assistant United States Attorneys: Provided,
That, of such amount, $273,000,000 is provided to meet the terms of
section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $1,302,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(B) of such Act: Provided further, That, of the additional
new budget authority described in the preceding proviso, up to
$11,200,000 may be transferred to the ``Office of Inspector General'',
Social Security Administration, for the cost of jointly operated co-
operative disability investigation units: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law: Provided further, That the Commissioner shall provide
to the Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $135,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended: Provided, That to
the extent that the amounts collected pursuant to such sections in
fiscal year 2021 exceed $135,000,000, the amounts shall be available in
fiscal year 2022 only to the extent provided in advance in
appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$30,000,000, together with not to exceed $75,500,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ``Limitation
on Administrative Expenses'', Social Security Administration, to be
merged with this account, to be available for the time and purposes for
which this account is available: Provided, That notice of such
transfers shall be transmitted promptly to the Committees on
Appropriations of the House of Representatives and the Senate at least
15 days in advance of any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used, other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or legislative
body, except in presentation to the Congress or any State or local
legislature itself, or designed to support or defeat any proposed or
pending regulation, administrative action, or order issued by the
executive branch of any State or local government, except in
presentation to the executive branch of any State or local government
itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed to
influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State Government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or Tribal government in policymaking and
administrative processes within the executive branch of that
government.
(c) The prohibitions in subsections (a) and (b) shall include any
activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending, or
future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is
authorized to make available for official reception and representation
expenses not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses''; and the
Chairman of the National Mediation Board is authorized to make
available for official reception and representation expenses not to
exceed $5,000 from funds available for ``National Mediation Board,
Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) None of the funds appropriated in this Act, and none
of the funds in any trust fund to which funds are appropriated in this
Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage
of abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) In this subsection, the term ``health care entity'' includes an
individual physician or other health care professional, a hospital, a
provider-sponsored organization, a health maintenance organization, a
health insurance plan, or any other kind of health care facility,
organization, or plan.
Sec. 508. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical
trials are being conducted to determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such
requirement was applicable to such entity.
Sec. 511. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 512. None of the funds made available by this Act to carry
out the Library Services and Technology Act may be made available to
any library covered by paragraph (1) of section 224(f) of such Act, as
amended by the Children's Internet Protection Act, unless such library
has made the certifications required by paragraph (4) of such section.
Sec. 513. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2021, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted; or
(4) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2021, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a
reprogramming of funds in excess of $500,000 or 10 percent, whichever
is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming
or of an announcement of intent relating to such reprogramming,
whichever occurs earlier, and are notified in writing 10 days in
advance of such reprogramming.
(c) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current year
fiscal year, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure that--
(1) relocates an office or employees;
(2) reorganizes or renames offices; or
(3) reorganizes programs or activities;
unless the relocation, renaming, or reorganization was included in the
President's fiscal year 2021 budget proposal, including the
accompanying justification documents submitted to the Committees on
Appropriations of the House of Representatives and the Senate, and such
committees are consulted at least 15 days in advance of such
relocation, renaming, or reorganization.
Sec. 514. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal
scientific advisory committee disclose the political affiliation or
voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 515. Within 45 days of enactment of this Act, each department
and related agency funded through this Act shall submit an operating
plan that details at the program, project, and activity level any
funding allocations for fiscal year 2021 that are different than those
specified in this Act, the detailed table in the committee report
accompanying this Act, or the fiscal year 2021 budget request.
Sec. 516. The Secretaries of Labor, Health and Human Services, and
Education shall each prepare and submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
on the number and amount of contracts, grants, and cooperative
agreements exceeding $500,000, individually or in total for a
particular project, activity, or programmatic initiative, in value and
awarded by the Department on a non-competitive basis during each
quarter of fiscal year 2021, but not to include grants awarded on a
formula basis or directed by law. Such report shall include the name of
the contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a non-
competitive basis. Such report shall be transmitted to the Committees
within 30 days after the end of the quarter for which the report is
submitted.
Sec. 517. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of
the claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 518. None of the funds appropriated by this Act may be used
by the Commissioner of Social Security or the Social Security
Administration to pay the compensation of employees of the Social
Security Administration to administer Social Security benefit payments,
under any agreement between the United States and Mexico establishing
totalization arrangements between the social security system
established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 519. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 520. For purposes of carrying out Executive Order No. 13589,
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
and requirements contained in the annual appropriations bills relating
to conference attendance and expenditures--
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 521. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 522. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2021'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2025'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, and section 524 of
division A of Public Law 116-94.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 523. Not later than 30 days after the end of each calendar
quarter, beginning with the first month of fiscal year 2021, the
Departments of Labor, Health and Human Services and Education and the
Social Security Administration shall provide the Committees on
Appropriations of the House of Representatives and Senate a report on
the status of balances of appropriations: Provided, That for balances
that are unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the amounts
attributable to each source year of appropriation (beginning with
fiscal year 2012, or, to the extent feasible, earlier fiscal years)
from which balances were derived.
Sec. 524. The Departments of Labor, Health and Human Services, or
Education shall provide to the Committees on Appropriations of the
House of Representatives and the Senate a comprehensive list of any new
or competitive grant award notifications, including supplements, issued
at the discretion of such Departments not less than 3 full business
days before any entity selected to receive a grant award is announced
by the Department or its offices (other than emergency response grants
at any time of the year or for grant awards made during the last 10
business days of the fiscal year, or if applicable, of the program
year).
Sec. 525. Each department and related agency funded through this
Act shall provide answers to questions submitted for the record by
members of the Committee within 45 business days after receipt.
Sec. 526. None of the funds appropriated in this Act may be used
to finalize or implement the proposed regulation titled ``Rules
Regarding the Frequency and Notice of Continuing Disability Reviews''
published by the Social Security Administration on November 18, 2019
(84 Fed. Reg. 63588 et seq.).
Sec. 527. None of the funds appropriated in this Act may be used
to finalize or implement the notice of proposed rulemaking titled
``Hearings Held by Administrative Appeals Judges of the Appeals
Council'' published by the Social Security Administration on December
20, 2019 (84 Fed. Reg. 70080 et seq.).
(rescission)
Sec. 528. Of the unobligated balances made available by section
301(b)(3) of Public Law 114-10, $5,185,000,000 are hereby permanently
rescinded.
Sec. 529. Of the unobligated balances made available for purposes
of carrying out section 2105(a)(3) of the Social Security Act,
$6,566,000,000 shall not be available for obligation in this fiscal
year.
Sec. 530. (a) Any funds made available by this Act that are used to
fund an apprenticeship or apprenticeship program shall only be used
for, or provided to, an apprenticeship or apprenticeship program that
meets the definition in subsection (b), including any funds awarded for
the purposes of grants, contracts, or cooperative agreements, or the
development, implementation, or administration, of an apprenticeship or
an apprenticeship program.
(b) The term ``apprenticeship'' or ``apprenticeship program'' means
an apprenticeship program registered under the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act''; 50 Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.), including any requirement,
standard, or rule promulgated under such Act, as such requirement,
standard, or rule was in effect on December 30, 2019.
TITLE VI
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and Program
Support'', $9,000,000,000, to remain available until September 30,
2025, for public health and emergency preparedness and response,
domestically or internationally: Provided, That of the amount made
available under this heading, $2,000,000,000 shall be for public health
emergency preparedness cooperative agreements under section 319C-1 of
the PHS Act: Provided further, That of the amount made available under
this heading, $1,000,000,000 shall be for epidemiology and laboratory
capacity cooperative agreements under section 2821 of the PHS:
Provided further, That funds made available in the preceding proviso
may be used for construction, alteration, or renovation of non-
federally owned facilities, or the purchase of equipment: Provided
further, That all construction, alteration, or renovation work, carried
out in whole or in part with funds appropriated under this heading in
this Act, shall be subject to the requirements of section 1621(b)(1)(I)
of the PHS Act (42 U.S.C. 300s-1(b)(1)(I)): Provided further, That of
the amount made available under this heading for specified programs,
not less than $150,000,000 shall be allocated to Tribes, Tribal
organizations, urban Indian health organizations, or health service
providers to Tribes: Provided further, That of the amount made
available under this heading, $1,000,000,000 shall be for global
disease detection and emergency response: Provided further, That of
the amount made available under this heading, $4,000,000,000 shall be
for a vaccination campaign, including preparedness, operations, and
distribution, and a comprehensive campaign to achieve coverage goals,
and for an enhanced influenza vaccination campaign, including purchase
of vaccine as necessary to increase coverage: Provided further, That
the Director of the Centers for Disease Control and Prevention shall
provide a briefing to the Committees on Appropriations of the House of
Representatives and the Senate at least 1 week prior to obligating
funds made available in the preceding proviso on the CDC's plans for
vaccination campaigns in fiscal year 2021: Provided further, That of
the amount made available under this heading, $400,000,000 shall be for
public health data surveillance and analytics infrastructure
modernization: Provided further, That of the amount made available
under this heading, $200,000,000 shall be for activities to support
public health workforce development, including the Epidemic
Intelligence Service fellowship program: Provided further, That of the
amount made available under this heading, $400,000,000 shall be
transferred to and merged with amounts in the Infectious Diseases Rapid
Response Reserve Fund, established by section 231 of division B of
Public Law 115-245: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Institutes of Health
office of the director
(including transfer of funds)
For an additional amount for ``Office of the Director'',
$5,000,000,000, to remain available until September 30, 2025:
Provided, That funds made available under this heading may be used to
offset the costs related to reductions in laboratory productivity
resulting from interruptions or shutdowns of research activity in
fiscal year 2020: Provided further, That funds made available under
this heading may be transferred to the accounts of the Institutes and
Centers of the National Institutes of Health (``NIH''): Provided
further, That the transfer authority in the preceding proviso is in
addition to any other transfer authority available to the NIH:
Provided further, That of the amount made available under this heading,
the Director of NIH shall transfer not less than $2,500,000,000 to the
accounts of the Institutes and Centers of the NIH in proportion to the
amounts otherwise made available to such Institutes and Centers under
the heading ``National Institutes of Health'' in division A of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94):
Provided further, That of the amount made available under this heading,
the Director of NIH shall transfer to ``Buildings and Facilities'' an
amount equal to the amount made available for buildings and facilities
at the NIH in section 237 of division A of such Act: Provided further,
That the Director of the NIH shall provide a briefing to the Committees
on Appropriations of the House of Representatives and the Senate at
least 1 week prior to obligating funds made available under this
heading on the NIH's plans for obligating emergency funds: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of the Secretary
public health and social services emergency fund
For an additional amount for ``Public Health and Social Services
Emergency Fund'', $4,500,000,000 (increased by $100,000,000) (reduced
by $100,000,000), to remain available until September 30, 2025, for the
development of necessary countermeasures and vaccines, prioritizing
platform-based technologies with U.S.-based manufacturing capabilities,
the purchase of vaccines, therapeutics, diagnostics, and necessary
medical supplies, as well as initial advance manufacturing and novel
dispensing: Provided, That funds made available under this heading may
be used to develop and demonstrate innovations and enhancements to
manufacturing platforms to support such capabilities: Provided
further, That products purchased with funds appropriated under this
heading may, at the discretion of the Secretary of Health and Human
Services, be deposited in the Strategic National Stockpile under
section 319F-2 of the PHS Act: Provided further, That funds made
available under this heading may be transferred to, and merged with,
the fund authorized by section 319F-4, the Covered Countermeasure
Process Fund, of the PHS Act: Provided further, That of the amount
made available under this heading, $3,500,000,000 shall be available to
the Biomedical Advanced Research and Development Authority for
necessary expenses of advanced research, development, manufacturing,
production, and purchase of vaccines and therapeutics: Provided
further, That the Director of the Biomedical Advanced Research and
Development Authority shall provide a briefing to the Committees on
Appropriations of the House of Representatives and the Senate at least
1 week prior to obligating funds made available in the preceding
proviso on the Department's plans to produce a sufficient supply of
vaccine for the U.S. population: Provided further, That of the amount
made available under this heading, $500,000,000 shall be available to
the Biomedical Advanced Research and Development Authority for the
construction, renovation, or equipping of U.S.-based next generation
manufacturing facilities, other than facilities owned by the United
States Government: Provided further, That of the amount made available
under this heading, $500,000,000 (increased by $200,000,000) (reduced
by $200,000,000) shall be available to the Biomedical Advanced Research
and Development Authority to promote innovation in antibacterial
research and development: Provided further, That funds made available
under this heading may be used for grants for the rent, lease,
purchase, acquisition, construction, alteration, or renovation of non-
federally owned facilities to improve preparedness and response
capability at the State and local levels: Provided further, That funds
made available under this heading may be used for the construction,
alteration, renovation or equipping of non-federally owned facilities
for the production of vaccines, therapeutics, diagnostics, and
medicines and other items purchased under section 319F-2(a) of the PHS
Act where the Secretary determines that such use is necessary to assure
sufficient domestic production of such supplies: Provided further,
That all construction, alteration, or renovation work, carried out in
whole or in part with funds made available under this heading, shall be
subject to the requirements of section 1621(b)(1)(I) of the PHS Act (42
U.S.C. 300s-1(b)(1)(I)): Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
public health emergency fund
For an additional amount for ``Public Health Emergency Fund'',
$5,000,000,000 (reduced by $1,000,000) (increased by $1,000,000), to
remain available until expended, to be deposited into the Public Health
Emergency Fund, as established under section 319(b) of the Public
Health Service Act: Provided, That products purchased with funds
appropriated under this heading may, at the discretion of the Secretary
of Health and Human Services, be deposited in the Strategic National
Stockpile under section 319F-2 of the Public Health Service Act:
Provided further, That the Secretary of Health and Human Services (or
the Assistant Secretary for Preparedness and Response on behalf of the
Secretary) shall provide a briefing to the Committees on Appropriations
of the House of Representatives and the Senate at least 1 week prior to
obligating funds made available under this heading on the Department's
plans for obligating emergency funds: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
General Provisions
Sec. 601. The amounts provided by the first proviso following
paragraph (6) under the heading ``Department of Labor--Employment and
Training Administration--State Unemployment Insurance and Employment
Service Operations'' in title I of this Act are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 602. Not later than 30 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide a
detailed spend plan of anticipated uses of funds made available to the
Department of Health and Human Services in this title, including
estimated personnel and administrative costs, to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That such plans shall be updated and submitted to such
Committees every 60 days until September 30, 2025: Provided further,
That the spend plans shall be accompanied by a listing of each contract
obligation incurred that exceeds $5,000,000 which has not previously
been reported, including the amount of each such obligation.
Sec. 603. None of the funds made available by this Act may be used
to implement, enforce, or otherwise give effect to the rule entitled
``Religious Exemptions and Accommodations for Coverage of Certain
Preventive Services Under the Affordable Care Act'' (83 Fed. Reg. 57536
(November 15, 2018)), or the rule entitled ``Moral Exemptions and
Accommodations for Coverage of Certain Preventive Services Under the
Affordable Care Act'' (83 Fed. Reg. 57592 (November 15, 2018)).
Sec. 604. For ``Department of Health and Human Services--Office of
the Secretary--public health and social services emergency fund'' for a
military and civilian partnership for trauma readiness grant program,
as authorized by section 1291 of the Public Health Service Act (42
U.S.C. 300d-91), there is hereby appropriated, and the amount otherwise
provided by this Act for ``Department of Health and Human Services--
office of the Secretary--general departmental management'' is hereby
reduced by, $11,500,000.
Sec. 605. None of the funds made available by this Act may be used
to implement or enforce the guidance contained in WHD Field Bulletin
No. 2020-2.
Sec. 606. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to enter into any new
contract, grant, or cooperative agreement with any entity listed in
subsection (b).
(b) The entities listed in this subsection are the following:
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Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
Cleveland, MS
WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
Livingston, NJ Turnberry, Scotland York, NY
4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
Sec. 607. None of the funds made available by this Act may be used
to implement or enforce the ``Order Under Sections 362 and 365 of the
Public Health Service Act (42 U.S.C. 265 and 268); Order Suspending
Introduction of Certain Persons From Countries Where a Communicable
Disease Exists'' issued on March 20, 2020, and published on March 26,
2020, in the Federal Register.
Sec. 608. None of the funds made available by this Act may be used
by the Office of Refugee Resettlement or the Department of Health and
Human Services to contract with any for-profit entity to house
unaccompanied alien children (as such term is defined in section 462(g)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g))).
Sec. 609. None of the funds made available by this Act may be used
to enforce the interim final rule entitled ``CARES Act Programs;
Equitable Services to Students and Teachers in Non-Public Schools''
published by the Department of Education in the Federal Register on
July 1, 2020 (85 Fed. Reg. 39479).
Sec. 610. None of the funds made available by this Act may be used
by the Department of Education for Education Freedom Scholarships.
Sec. 611. None of the funds made available by this Act may be used
to reject any application for a grant available under funds
appropriated by this Act because of the use of the terms
``vulnerable'', ``entitlement'', ``diversity'', ``transgender'',
``fetus'', ``evidence-based'', or ``science-based'' in the application.
Sec. 612. None of the funds made available by this Act may be used
to finalize, implement, or enforce the proposed rule titled ``Medicare
and Medicaid Programs; Requirements for Long-Term Care Facilities:
Regulatory Provisions To Promote Efficiency, and Transparency''
published in the Federal Register by the Centers for Medicare &
Medicaid Services on July 18, 2019 (84 Fed. Reg. 34737 et seq.).
Sec. 613. None of the funds made available by this Act may be used
to require hospitals, hospital laboratories, and acute care facilities
to report COVID-19 data using the ``teletracking.protect.hhs.gov''
website that was announced by the Department of Health and Human
Services in the document titled ``COVID-19 Guidance for Hospital
Reporting and FAQs For Hospitals, Hospital Laboratory, and Acute Care
Facility Data Reporting Updated July 10, 2020''.
This division may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 2021''.
DIVISION F--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of
Transportation, and Housing and Urban Development, and related agencies
for the fiscal year ending September 30, 2021, and for other purposes,
namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $126,174,000
(reduced by $2,000,000) (reduced by $1,000,000), of which not to exceed
$3,360,000 shall be available for the immediate Office of the
Secretary; not to exceed $1,200,000 shall be available for the
immediate Office of the Deputy Secretary; not to exceed $22,210,000
shall be available for the Office of the General Counsel; not to exceed
$11,797,000 (reduced by $1,000,000) shall be available for the Office
of the Under Secretary of Transportation for Policy; not to exceed
$16,394,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $3,010,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $32,239,000 (reduced by $2,000,000) shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,610,000 shall be available for the Office of Public
Affairs; not to exceed $2,018,000 shall be available for the Office of
the Executive Secretariat; not to exceed $13,576,000 shall be available
for the Office of Intelligence, Security, and Emergency Response; and
not to exceed $17,760,000 shall be available for the Office of the
Chief Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for any
office shall be increased or decreased by more than 7 percent by all
such transfers: Provided further, That notice of any change in funding
greater than 7 percent shall be submitted for approval to the House and
Senate Committees on Appropriations: Provided further, That not to
exceed $60,000 shall be for allocation within the Department for
official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision
of law, there may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of the funds
made available by this Act shall be available for the position of
Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $19,800,000, of which
$12,718,000 shall remain available until expended: Provided, That of
the amounts made available under this heading, $3,000,000, to remain
available until expended, shall be for the Highly Automated Systems
Safety Center of Excellence established by section 105 of title I of
division H of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94): Provided further, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training: Provided further, That any
reference in law, regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall continue to be
deemed to be a reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national infrastructure investments
(including transfer of funds)
For capital investments in surface transportation infrastructure,
$1,000,000,000 (reduced by $2,000,000) (increased by $2,000,000)
(increased by $1,000,000) (reduced by $1,000,000), to remain available
until September 30, 2026: Provided, That the Secretary of
Transportation shall distribute amounts made available under this
heading as discretionary grants to be awarded to a State, local, or
Tribal government, U.S. territory, transit agency, port authority,
metropolitan planning organization, political subdivision of a State or
local government, or a collaboration among such entities on a
competitive basis for projects that will have a significant local or
regional impact: Provided further, That projects eligible for amounts
made available under this heading shall include highway or bridge
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49, United
States Code; passenger and freight rail transportation projects; port
infrastructure investments (including inland port infrastructure and
land ports of entry); and projects investing in surface transportation
facilities that are located on Tribal land and for which title or
maintenance responsibility is vested in the Federal Government:
Provided further, That of the amounts made available under this
heading, the Secretary shall use an amount not less than $20,000,000
for the planning, preparation, or design of projects eligible for
amounts made available under this heading, with an emphasis on transit,
transit oriented development, and multimodal projects: Provided
further, That of the amounts made available under this heading, the
Secretary shall use an amount not less than $20,000,000 for the
planning, preparation, or design of projects eligible for amounts made
available under this heading located in or to directly benefit areas of
persistent poverty: Provided further, That the term ``areas of
persistent poverty'' means any county that has consistently had 20
percent or more of the population living in poverty during the 30-year
period preceding the date of enactment of this Act, as measured by the
1990 and 2000 decennial census and the most recent annual Small Area
Income and Poverty Estimates as estimated by the Bureau of the Census;
any census tract with a poverty rate of at least 20 percent as measured
by the 2014-2018 5-year data series available from the American
Community Survey of the Bureau of the Census; or any territory or
possession of the United States: Provided further, That grants awarded
under the preceding three provisos shall not be subject to a minimum
grant size: Provided further, That the Secretary may use up to 20
percent of the amounts made available under this heading for the
purpose of paying the subsidy and administrative costs of projects
eligible for Federal credit assistance under chapter 6 of title 23,
United States Code, or sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210),
if the Secretary finds that such use of funds would advance the
purposes of this heading: Provided further, That in distributing
amounts made available under this heading, the Secretary shall take
such measures so as to ensure an equitable geographic distribution of
funds, an equitable distribution of funds between urban and rural
areas, including Tribal areas, and the investment in a variety of
transportation modes, including public transit, passenger rail, and
pedestrian improvements: Provided further, That a grant award under
this heading shall be not less than $5,000,000 and not greater than
$25,000,000: Provided further, That not more than 10 percent of the
amounts made available under this heading may be awarded to projects in
a single State that are not port infrastructure investments (including
inland port infrastructure and land ports of entry): Provided further,
That the Federal share of the costs for which an amount is provided
under this heading shall be, at the option of the recipient, up to 80
percent: Provided further, That the Secretary shall give priority to
projects that require a contribution of Federal funds in order to
complete an overall financing package: Provided further, That an award
under this heading is an urban award if it is to a project located
within or on the boundary of an urbanized area, as designated by the
Bureau of the Census, that had a population greater than 250,000 in the
2010 decennial census: Provided further, That for the purpose of
determining if an award for planning, preparation, or design is an
urban award, the project location is the location of the project being
planned, prepared, or designed: Provided further, That each award
under this heading that is not an urban award is a rural award:
Provided further, That of the amounts awarded under this heading, 60
percent shall be awarded as urban awards and 40 percent shall be
awarded as rural awards: Provided further, That for rural awards, the
minimum grant size shall be $1,000,000 and the Secretary may increase
the Federal share of costs above 80 percent: Provided further, That
projects conducted using amounts made available under this heading
shall comply with the requirements of subchapter IV of chapter 31 of
title 40, United States Code: Provided further, That the Secretary
shall conduct a new competition to select the grants and credit
assistance awarded under this heading: Provided further, That the
Secretary may retain up to $25,000,000 of the amounts made available
under this heading, and may transfer portions of such amounts to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, and the
Maritime Administration to fund the award and oversight of grants and
credit assistance made under the national infrastructure investments
program: Provided further, That the Secretary shall consider and award
projects based solely on the selection criteria from the fiscal year
2017 Notice of Funding Opportunity: Provided further, That,
notwithstanding the preceding proviso, the Secretary shall not use the
Federal share or an applicant's ability to generate non-Federal revenue
as a selection criteria in awarding projects: Provided further, That
the Secretary shall issue the Notice of Funding Opportunity not later
than 60 days after the date of enactment of this Act: Provided
further, That such Notice of Funding Opportunity shall require
application submissions 90 days after the publishing of such Notice:
Provided further, That of the applications submitted under the
preceding two provisos, the Secretary shall make grants not later than
270 days after the date of enactment of this Act in such amounts that
the Secretary determines.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by section 116 of title 49,
United States Code, $15,500,000 (increased by $1,000,000), to remain
available until expended: Provided, That of the amounts made available
under this heading, $10,000,000 (increased by $1,000,000) shall be for
planning grants to assist areas of persistent poverty: Provided
further, That the term ``areas of persistent poverty'' means any county
that has consistently had 20 percent or more of the population living
in poverty during the 30-year period preceding the date of enactment of
this Act, as measured by the 1990 and 2000 decennial census and the
most recent annual Small Area Income and Poverty Estimates as estimated
by the Bureau of the Census; any census tract with a poverty rate of at
least 20 percent as measured by the 2014-2018 5-year data series
available from the American Community Survey of the Bureau of the
Census; or any territory or possession of the United States: Provided
further, That planning grants under this heading shall be in the form
of competitive grants to eligible entities to support pre-construction
activities including planning, engineering, design, environmental
analysis, feasibility studies, and finance plans for eligible projects:
Provided further, That eligible entities for planning grants under this
heading shall include a State, local, or Tribal government, a U.S.
territory, a transit agency, a port authority or commission, a
metropolitan planning organization, other political subdivisions of a
State or a local government, or a collaboration among such entities:
Provided further, That eligible projects for planning grants under this
heading shall include highway, bridge, and bicycle and pedestrian
projects eligible under title 23, United States Code; public
transportation projects eligible under chapter 53 of title 49, United
States Code; passenger and freight rail transportation projects; port
infrastructure improvement projects; airport improvement projects; and
intermodal projects that are located in or to directly benefit areas of
persistent poverty: Provided further, That the Secretary of
Transportation shall conduct outreach to eligible entities for planning
grants under this heading through personal contact, webinars, web
materials, or other appropriate methods determined by the Secretary, to
ensure such eligible entities are aware of the availability of planning
grants under this heading and are able to apply for such grants:
Provided further, That the Federal share of the costs for planning
grants under this heading shall be, at the option of the eligible
entity, not less than 90 percent of the net total project cost:
Provided further, That the Secretary shall not use the requested amount
of the Federal share or an eligible entities' ability to generate non-
Federal revenue as a selection criteria in awarding planning grants
under this heading: Provided further, That a planning grant funded
under this heading shall be not less than $100,000 and not greater than
$500,000: Provided further, That for planning grants under this heading
priority consideration shall be, without regard to rural or urban areas
of persistent poverty, based on project justification and demonstrated
need: Provided further, That for planning grants under this heading the
Secretary shall consider factors such as improving safety and state of
good repair, reducing congestion and vehicle emissions, and increasing
connectivity and quality of life when considering demonstrated need:
Provided further, That the Secretary may withhold up to 1 percent of
the amounts made available for planning grants under this heading for
the costs of award and grant administration.
railroad rehabilitation and improvement financing program
For the cost of modifications, as defined by section 502 of the
Federal Credit Reform Act of 1990, of direct loans issued pursuant to
sections 501 through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), and included in cohort 3, as
defined by the Department of Transportation's memorandum to the Office
of Management and Budget dated November 5, 2018, $70,000,000, to remain
available until expended: Provided, That, for a direct loan included
in such cohort 3 that has satisfied all obligations attached to such
loan, the Secretary shall repay the credit risk premiums of such loan,
with interest accrued thereon, not later than 60 days after the
enactment of this Act or, for a direct loan included in such cohort 3
with obligations that have not yet been satisfied, not later than 60
days after the date on which all obligations attached to such loan have
been satisfied: Provided further, That the Secretary of Transportation
is authorized to issue direct loans and loan guarantees pursuant to
sections 501 through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), and such authority shall exist
so long as any such direct loan or loan guarantee is outstanding.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and reengineering business
processes, $2,000,000, to remain available until September 30, 2022.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to network and information technology
infrastructure, improvement of identity management and authentication
capabilities, securing and protecting data, implementation of Federal
cyber security initiatives, and implementation of enhanced security
controls on agency computers and mobile devices, $19,300,000, to remain
available until September 30, 2022.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,600,000.
transportation planning, research, and development
(including transfer of funds)
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $10,879,000, to remain available until expended: Provided,
That of such amount, $1,000,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department in
accordance with the preceding proviso.
working capital fund
(including transfer of funds)
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $372,016,000, shall be paid
from appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis
to entities within the Department of Transportation (DOT): Provided
further, That the limitation in the preceding proviso on operating
expenses shall not apply to non-DOT entities: Provided further, That
no funds made available by this Act to an agency of the Department
shall be transferred to the Working Capital Fund without majority
approval of the Working Capital Fund Steering Committee and approval of
the Secretary: Provided further, That no assessments may be levied
against any program, budget activity, subactivity, or project funded by
this Act unless notice of such assessments and the basis therefor are
presented to the House and Senate Committees on Appropriations and are
approved by such Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,714,000, to remain available
until September 30, 2022: Provided, That notwithstanding section 332
of title 49, United States Code, such amounts may be used for business
opportunities related to any mode of transportation: Provided further,
That appropriations made available under this heading shall be
available for any purpose consistent with prior year appropriations
that were made available under the heading ``Office of the Secretary--
Minority Business Resource Center Program''.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under sections 41731 through
41742 of title 49, United States Code, $162,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until expended:
Provided, That in determining between or among carriers competing to
provide service to a community, the Secretary may consider the relative
subsidy requirements of the carriers: Provided further, That basic
essential air service minimum requirements shall not include the 15-
passenger capacity requirement under section 41732(b)(3) of title 49,
United States Code: Provided further, That amounts authorized to be
distributed for the essential air service program under section
41742(b) of title 49, United States Code, shall be made available
immediately from amounts otherwise provided to the Administrator of the
Federal Aviation Administration: Provided further, That the
Administrator may reimburse such amounts from fees credited to the
account established under section 45303 of title 49, United States
Code.
administrative provisions--office of the secretary of transportation
(including rescissions)
Sec. 101. None of the funds made available by this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements have
completed the normal reprogramming process for congressional
notification.
Sec. 102. The Secretary shall post on the website of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of
title 49, United States Code, the Department's Working Capital Fund is
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available
funds for transit benefit distribution services that are necessary to
carry out the Federal transit pass transportation fringe benefit
program under Executive Order No. 13150 and section 3049 of SAFETEA-LU
(5 U.S.C. 7905 note): Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to be
expended in advance to provide uninterrupted transit benefits to
Government employees: Provided further, That such reserve shall not
exceed 1 month of benefits payable and may be used only for the purpose
of providing for the continuation of transit benefits: Provided
further, That the Working Capital Fund shall be fully reimbursed by
each customer agency from available funds for the actual cost of the
transit benefit.
Sec. 104. Notwithstanding section 3324 of title 31, United States
Code, in addition to authority provided by section 327 of title 49,
United States Code, the Department's Working Capital Fund is authorized
to provide payments in advance to vendors that are necessary to carry
out the Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of SAFETEA-LU (5
U.S.C. 7905 note): Provided, That the Department shall include
adequate safeguards in the contract with the vendors to ensure timely
and high-quality performance under the contract.
Sec. 105. Receipts collected in the Department's Working Capital
Fund, as authorized by section 327 of title 49, United States Code, for
unused van pool benefits, in an amount not to exceed 10 percent of
fiscal year 2021 collections, shall be available until expended in the
Department's Working Capital Fund to provide contractual services in
support of section 190 of this Act: Provided, That obligations in
fiscal year 2021 of such collections shall not exceed $1,000,000.
Sec. 106. (a) The remaining unobligated balances, as of September
30, 2020, from amounts made available for the ``Department of
Transportation--Office of the Secretary--National Infrastructure
Investments'' in division K of the Consolidated Appropriations Act,
2017 (Public Law 115-31) are hereby permanently rescinded, and an
amount of additional new budget authority equivalent to the amount
rescinded is hereby appropriated on September 30, 2020, to remain
available until September 30, 2021, and shall be available, without
additional competition, for completing the funding of awards made
pursuant to the fiscal year 2017 national infrastructure investments
program.
(b) The remaining unobligated balances, as of September 30, 2020,
from amounts made available for the ``Department of Transportation--
Office of the Secretary--National Infrastructure Investments'' in
division L of the Consolidated Appropriations Act, 2018 (Public Law
115-141) are hereby permanently rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2020, to remain available until September
30, 2022, and shall be available, without additional competition, for
completing the funding of awards made pursuant to the fiscal year 2018
national infrastructure investments program.
(c) The remaining unobligated balances, as of September 30, 2021,
from amounts made available for the ``Department of Transportation--
Office of the Secretary--National Infrastructure Investments'' in
division G of the Consolidated Appropriations Act, 2019 (Public Law
116-6) are hereby permanently rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2021, to remain available until September
30, 2023, and shall be available, without additional competition, for
completing the funding of awards made pursuant to the fiscal year 2019
national infrastructure investments program.
(d) The remaining unobligated balances, as of September 30, 2022,
from amounts made available for the ``Department of Transportation--
Office of the Secretary--National Infrastructure Investments'' in
division H of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94) are hereby permanently rescinded, and an amount of
additional new budget authority equivalent to the amount rescinded is
hereby appropriated on September 30, 2022, to remain available until
September 30, 2025, and shall be available, without additional
competition, for completing the funding of awards made pursuant to the
fiscal year 2020 national infrastructure investments program.
Federal Aviation Administration
operations
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $11,051,500,000, to remain available until September
30, 2022, to be derived from the general fund: Provided, That of the
amounts made available under this heading--
(1) not less than $1,500,000,000 shall be available for
aviation safety activities;
(2) not to exceed $8,231,000,000 shall be available for air
traffic organization activities;
(3) not to exceed $27,555,000 (increased by $5,483,000)
shall be available for commercial space transportation
activities;
(4) not to exceed $836,000,000 (reduced by $5,483,000)
shall be available for finance and management activities;
(5) not to exceed $62,862,000 shall be available for
NextGen and operations planning activities;
(6) not to exceed $129,000,000 shall be available for
security and hazardous materials safety; and
(7) not to exceed $265,083,000 shall be available for staff
offices, of which $7,500,000 is for the Minority Serving
Institutions internship program:
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation
under this heading by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That not later than 60 days
after the submission of the budget request, the Administrator of the
Federal Aviation Administration shall transmit to Congress an annual
update to the report submitted to Congress in December 2004 pursuant to
section 221 of the Vision 100-Century of Aviation Reauthorization Act
(49 U.S.C. 40101 note): Provided further, That the amounts made
available under this heading shall be reduced by $100,000 for each day
after 60 days after the submission of the budget request that such
report has not been transmitted to Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amounts made available under this heading
shall be reduced by $100,000 for each day after the date that is 60
days after the submission of the budget request that such report has
not been submitted to Congress: Provided further, That funds may be
used to enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds made available by this Act
shall be available for new applicants for the second career training
program: Provided further, That none of the funds in this Act shall be
available for the Federal Aviation Administration to finalize or
implement any regulation that would promulgate new aviation user fees
not specifically authorized by law after the date of the enactment of
this Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the
amounts made available under this heading, not less than $172,800,000
shall be used to fund direct operations of the current air traffic
control towers in the contract tower program, including the contract
tower cost share program, and any airport that is currently qualified
or that will qualify for the program during the fiscal year: Provided
further, That none of the funds made available by this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
facilities and equipment
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds made available
under this heading, including aircraft for aviation regulation and
certification; to be derived from the general fund, $3,045,000,000
(reduced by $9,000,000) (increased by $9,000,000), of which
$550,000,000 shall remain available until September 30, 2022, and
$2,495,000,000 shall remain available until September 30, 2023:
Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That not later than 60 days after
submission of the budget request, the Secretary of Transportation shall
transmit to Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2022 through 2026, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget.
research, engineering, and development
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $192,665,000 (reduced by $1,000,000) (increased by $1,000,000),
to be derived from the general fund and to remain available until
September 30, 2023: Provided, That there may be credited to this
appropriation as offsetting collections, funds received from States,
counties, municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for research,
engineering, and development: Provided further, That amounts made
available under this heading shall be used in accordance with the
report accompanying this Act: Provided further, That not to exceed 10
percent of any funding level specified under this heading in the report
accompanying this Act may be transferred to any other funding level
specified under this heading in the report accompanying this Act:
Provided further, That no transfer may increase or decrease any funding
level by more than 10 percent: Provided further, That any transfer in
excess of 10 percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,350,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the amounts made available under this heading shall be available for
the planning or execution of programs the obligations for which are in
excess of $3,350,000,000, in fiscal year 2021, notwithstanding section
47117(g) of title 49, United States Code: Provided further, That none
of the amounts made available under this heading shall be available for
the replacement of baggage conveyor systems, reconfiguration of
terminal baggage areas, or other airport improvements that are
necessary to install bulk explosive detection systems: Provided
further, That notwithstanding section 47109(a) of title 49, United
States Code, the Government's share of allowable project costs under
paragraph (2) of such section for subgrants or paragraph (3) of such
section shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of amounts limited under
this heading, not more than $119,402,000 shall be available for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $40,666,000 shall
be available for Airport Technology Research, and $10,000,000, to
remain available until expended, shall be available and transferred to
``Office of the Secretary, Salaries and Expenses'' to carry out the
Small Community Air Service Development Program: Provided further,
That in addition to airports eligible under section 41743 of title 49,
United States Code, such program may include the participation of an
airport that serves a community or consortium that is not larger than a
small hub airport, according to FAA hub classifications effective at
the time the Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $500,000,000 (increased by
$5,000,000) (reduced by $5,000,000), to remain available through
September 30, 2023: Provided, That amounts made available under this
heading shall be derived from the general fund, and such amounts shall
not be subject to apportionment formulas, special apportionment
categories, or minimum percentages under chapter 471 of title 49,
United States Code: Provided further, That the Secretary shall
distribute amounts made available under this heading as discretionary
grants to airports: Provided further, That the amounts made available
under this heading shall not be subject to any limitation on
obligations for the Grants-in-Aid for Airports program set forth in any
Act: Provided further, That the Administrator of the Federal Aviation
Administration may retain up to 0.5 percent of the amounts made
available under this heading to fund the award and oversight by the
Administrator of grants described under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds made available by this Act may be used
to compensate in excess of 600 technical staff-years under the
federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2021.
Sec. 111. None of the funds made available by this Act shall be
used to pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space in
airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition on the use of funds in this section does not apply to
negotiations between the agency and airport sponsors to achieve
agreement on ``below-market'' rates for these items or to grant
assurances that require airport sponsors to provide land without cost
to the Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy section 41742(a)(1) of
title 49, United States Code, from fees credited under section 45303 of
title 49, United States Code, and any amount remaining in such account
at the close of any fiscal year may be made available to satisfy
section 41742(a)(1) of title 49, United States Code, for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes as such appropriation.
Sec. 114. None of the funds made available by this Act shall be
available for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 115. None of the funds made available by this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.
Sec. 116. None of the funds made available by this Act may be
obligated or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written approval of
the Assistant Secretary for Administration of the Department of
Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available by this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds made available by this Act shall be
available for salaries and expenses of more than nine political and
Presidential appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available by this Act may be used
to increase fees pursuant to section 44721 of title 49, United States
Code, until the Federal Aviation Administration provides to the House
and Senate Committees on Appropriations a report that justifies all
fees related to aeronautical navigation products and explains how such
fees are consistent with Executive Order No. 13642.
Sec. 119A. None of the funds made available by this Act may be
used to close a regional operations center of the Federal Aviation
Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than 90 full
business days in advance.
Sec. 119B. None of the funds made available by or limited by this
Act may be used to change weight restrictions or prior permission rules
at Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds made available by this Act may be
used by the Administrator of the Federal Aviation Administration to
withhold from consideration and approval any new application for
participation in the Contract Tower Program, or for reevaluation of
Cost-share Program participants so long as the Federal Aviation
Administration has received an application from the airport, and so
long as the Administrator determines such tower is eligible using the
factors set forth in Federal Aviation Administration published
establishment criteria.
Sec. 119D. None of the funds made available by this Act may be
used to open, close, redesignate as a lesser office, or reorganize a
regional office, the aeronautical center, or the technical center
unless the Administrator submits a request for the reprogramming of
funds under section 405 of this Act.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $478,897,049, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration: Provided, That up to $3,248,000
shall be transferred to the Appalachian Regional Commission in
accordance with section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of the Fixing
America's Surface Transportation Act (Public Law 114-94), or any
successor surface transportation reauthorization Act authorizing
appropriations for fiscal year 2021, shall not exceed total obligations
of $61,130,000,000 (increased by $1,000,000) (reduced by $1,000,000)
for fiscal year 2021: Provided, That the Secretary may collect and
spend fees, as authorized by title 23, United States Code, to cover the
costs of services of expert firms, including counsel, in the field of
municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the
costs to the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay
for such costs: Provided further, That such fees are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code: Provided further, That for amounts subject to the obligation
limitation under this heading during fiscal year 2021, the Federal
share of activities undertaken pursuant to chapters 1 or 2 of title 23,
United States Code shall be, at the option of the State, District of
Columbia, territory, Puerto Rico, or Indian Tribe, as applicable, up to
100 percent: Provided further, That the preceding proviso does not
apply to programs authorized under sections 115 and 117 of title 23,
United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $61,869,000,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$1,000,000,000: Provided, That the funds made available under this
heading shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2021 in this Act or any other Act
for: (1) ``Federal-aid Highways'' under chapter 1 of title 23, United
States Code; or (2) the Appalachian Development Highway System as
authorized under section 1069(y) of the Intermodal Surface
Transportation Efficiency Act (Public Law 102-240), and shall not
affect the distribution or amount of funds provided in any other Act:
Provided further, That section 1101(b) of the FAST Act (Public Law 114-
94) shall apply to funds made available under this heading: Provided
further, That unless otherwise specified, amounts made available under
this heading shall be available until September 30, 2024: Provided
further, That of the funds made available under this heading--
(1) $632,220,000 shall be for activities under section
133(b) of title 23, United States Code, and to provide
necessary charging infrastructure along corridor-ready or
corridor-pending alternative fuel corridors designated pursuant
to section 151 of title 23, United States Code;
(2) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of the Intermodal
Transportation Efficiency Act of 1991 (Public Law 102-240);
(3) $3,150,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(4) $630,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code;
(5) $150,000,000 shall be for the nationally significant
Federal lands and Tribal projects program under section 1123 of
the FAST Act;
(6) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(7) $30,000,000 shall be for the Tribal Transportation
program as authorized under section 202 of title 23, United
States Code;
(8) $15,000,000 shall be for grants for Advanced Digital
Construction Management Systems;
(9) $12,000,000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section 1441
of the FAST Act;
(10) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create a
national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System; and
(11) $2,000,000 shall be for research that leads to
decreases in highway and pedestrian fatalities among Tribal
populations:
Provided further, That for the purposes of funds made available under
paragraph (1) of the fourth proviso, the term ``State'' means any of
the 50 States or the District of Columbia: Provided further, That the
funds made available under paragraph (1) shall be sub-allocated in the
manner described in section 133(d) of title 23, United States Code,
except that the set-aside described in section 133(h) of such title
shall not apply to funds made available under this heading: Provided
further, That the funds made available under paragraph (1) shall be
administered as if apportioned under chapter 1 of such title and shall
be apportioned to the States in the same ratio as the obligation
limitation for fiscal year 2021 is distributed among the States in
section 120(a)(5) of this Act: Provided further, That for amounts made
available under paragraphs (1), (2), (3), (4), (6), and (7), the
Federal share of the costs shall be, at the option of the recipient, up
to 100 percent: Provided further, That except as provided in the
following proviso, the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program and
activities eligible under the Territorial Highway Program shall be
administered as if allocated under sections 165(b) and 165(c),
respectively, of title 23, United States Code: Provided further, That
the funds made available under this heading for activities eligible
under the Puerto Rico Highway Program shall not be subject to the
requirements of section 165(b)(2)(A) or 165(b)(2)(B) of such title:
Provided further, That the funds made available for the Tribal
Transportation Program shall be sub-allocated in the manner described
in section 202(b)(3)(A)(i)(IV) of such title, except that the set-
asides described in subparagraph (C) of section 202(b)(3) of such title
and subsections (a)(6), (c), (d), and (e) of section 202 of such title
shall not apply to funds made available under this heading: Provided
further, That the funds made available under this heading, in paragraph
(6) of the fourth proviso, shall be available for projects eligible
under section 130(a) of such title, for commuter authorities, as
defined in section 24102(2) of title 49, United States Code, that
experienced at least one accident investigated by the National
Transportation Safety Board between January 1, 2008 and December 31,
2018, and for which the National Transportation Safety Board issued an
accident report: Provided further, That for the purposes of funds made
available under this heading for construction of the Appalachian
Development Highway System (ADHS), the term ``Appalachian State'' means
a State that contains one or more counties (including any political
subdivision located within the area) in the Appalachian region as
defined in section 14102(a) of title 40, United States Code: Provided
further, That funds made available under this heading for construction
of the ADHS shall remain available until expended: Provided further,
That a project carried out with funds made available under this heading
for construction of the ADHS shall be carried out in the same manner as
a project under section 14501 of title 40, United States Code:
Provided further, That subject to the following proviso, funds made
available under this heading for construction of the ADHS shall be
apportioned to Appalachian States according to the percentages derived
from the 2012 Appalachian Development Highway System Cost to Complete
Estimate adopted in Appalachian Regional Commission Resolution Number
736, and confirmed as each Appalachian State's relative share of the
estimated remaining need to complete the ADHS, adjusted to exclude
corridors that such States have no current plans to complete, as
reported in the 2013 Appalachian Development Highway System Completion
Report, unless such States have modified and assigned a higher priority
for completion of an ADHS corridor, as reported in the 2020 ADHS Future
Outlook: Provided further, That the Secretary shall adjust
apportionments made under the preceding proviso so that no Appalachian
State shall be apportioned an amount in excess of 25 percent of the
amount made available for construction of the Appalachian Development
Highway System under this heading: Provided further, That the
Secretary shall consult with the Appalachian Regional Commission in
making adjustments under the preceding two provisos.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2021, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code;
(B) amounts authorized for the Bureau of
Transportation Statistics; and
(C) amounts authorized as special 1-year funding
under any successor surface transportation
reauthorization Act authorizing appropriations for
fiscal year 2021;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
section 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under section 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2021, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a), (except for the obligation
limitation made available under section (a)(1)(C)), if an
amount distributed cannot be obligated during that fiscal year;
and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds made available in this Act to the
Department of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval to provide
credit assistance under sections 603 and 604 of title 23, United States
Code, the Secretary of Transportation provides notification in writing
to the following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.
Sec. 124. None of the funds made available in this Act may be used
to make a grant for a project under section 117 of title 23, United
States Code, unless the Secretary, at least 60 days before making a
grant under that section, provides written notification to the House
and Senate Committees on Appropriations of the proposed grant,
including an evaluation and justification for the project and the
amount of the proposed grant award: Provided, That the written
notification required in the preceding proviso shall be made not later
than 180 days after the date of enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23, United States Code, or section 165 of title
23, United States Code, and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation for the
State or territory for which the earmarked amount was originally
designated or directed notifies the Secretary of Transportation of its
intent to use its authority under this section and submits a quarterly
report to the Secretary identifying the projects to which the funding
would be applied. Notwithstanding the original period of availability
of funds to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation for a
period of 3 fiscal years after the fiscal year in which the Secretary
of Transportation is notified. The Federal share of the cost of a
project carried out with funds made available under this section shall
be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 5 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter to the
House and Senate Committees on Appropriations.
Sec. 126. Until final guidance is published, the Administrator of
the Federal Highway Administration shall adjudicate requests for Buy
America waivers under the rules and regulations that were in effect
prior to April 17, 2017. The Administrator shall process such requests
not later than 90 days after receipt of the request or such waivers
will be granted automatically.
Sec. 127. Amounts for which a limitation on obligations that
otherwise would have expired at the end of fiscal year 2020 that has
been extended through the end of fiscal year 2021 shall not be subject
to section 120(a)(2) of this Act.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution, and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Fixing America's Surface Transportation Act or any
successor surface transportation reauthorization Act authorizing
appropriations for fiscal year 2021, $379,500,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account), together
with advances and reimbursements received by the Federal Motor Carrier
Safety Administration, the sum of which shall remain available until
expended: Provided, That funds available for implementation,
execution, or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall not
exceed total obligations of $379,500,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2021, of which not less than
$85,000,000, to remain available for obligation until September 30,
2023, is for the development, modernization, and enhancement of
information technology and information management systems and for the
continuing operation of and maintenance of such systems: Provided
further, That not less than $13,073,000, to remain available for
obligation until September 30, 2023, is for the research and technology
program, of which not less than $3,300,000 shall be available to begin
the Large Truck Crash Causal Factors study: Provided further, That
$20,000,000 for carrying out activities under this heading, including
the modernization and maintenance of border facilities, is to remain
available for obligation until September 30, 2025.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act or any successor
surface transportation reauthorization Act authorizing appropriations
for fiscal year 2021, $506,200,000 to be derived from the Highway Trust
Fund (other than the Mass Transit Account) to remain available until
expended: Provided, That funds available for the implementation or
execution of motor carrier safety programs shall not exceed total
obligations of $506,200,000 in fiscal year 2021 for ``Motor Carrier
Safety Grants'': Provided further, That of the sums appropriated under
this heading--
(1) $389,212,000 shall be available for the motor carrier
safety assistance program;
(2) $56,880,000 shall be available for the commercial
driver's license program implementation program;
(3) $59,108,000 shall be available for the high priority
activities program; and
(4) $1,000,000 shall be made available for commercial motor
vehicle operators grants.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of section 385.308 of title 49, Code of Federal
Regulations, violations by certified mail, registered mail, or another
manner of delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, as recommended
by GAO-19-264.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$214,073,440, of which $40,000,000 shall remain available through
September 30, 2022.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of section 403 of title 23, United States Code, including behavioral
research on Automated Driving Systems and Advanced Driver Assistance
Systems and improving consumer responses to safety recalls, section
4011 of the Fixing America's Surface Transportation Act (Public Law
114-94) or any successor surface transportation reauthorization Act
authorizing appropriations for fiscal year 2021, and chapter 303 of
title 49, United States Code, $170,612,000 to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and to remain
available until expended: Provided, That none of the funds made
available by this Act shall be available for the planning or execution
of programs the total obligations for which, in fiscal year 2021, are
in excess of $170,612,000: Provided further, That of the funds
appropriated under this heading--
(1) $165,112,000 shall be for programs authorized under
section 403 of title 23, United States Code, including
behavioral research on Automated Driving Systems and Advanced
Driver Assistance Systems and improving consumer responses to
safety recalls, and section 4011 of the Fixing America's
Surface Transportation Act (Public Law 114-94); and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That of the $170,612,000 obligation limitation for
operations and research, $20,000,000 shall remain available until
September 30, 2022, and $3,000,000, for impaired driving detection,
shall remain available until expended, and shall be in addition to the
amount of any limitation imposed on obligations for future years:
Provided further, That amounts for behavioral research on Automated
Driving Systems and Advanced Driver Assistance Systems and improving
consumer responses to safety recalls are in addition to any other funds
provided for those purposes for fiscal year 2021 in this Act.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
sections 402, 404, and 405 of title 23, United States Code, and section
4001(a)(6) of the Fixing America's Surface Transportation Act, to
remain available until expended, $855,488,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account): Provided,
That none of the funds made available by this Act shall be available
for the planning or execution of programs for which the total
obligations in fiscal year 2021 are in excess of $855,488,000 for
programs authorized under sections 402, 404, and 405 of title 23,
United States Code, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act: Provided further, That of the sums
appropriated under this heading--
(1) $384,800,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $390,900,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $49,702,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $30,086,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That for amounts subject to the obligation
limitation under this heading during fiscal year 2021, the Federal
share of activities undertaken pursuant to chapter 4 of title 23,
United States Code, shall be, at the option of the recipient, up to 100
percent: Provided further, That none of the funds made available by
this Act shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local, or
private buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for `National Priority Safety
Programs' under section 405 of title 23, United States Code, for
`Impaired Driving Countermeasures' (as described in subsection (d) of
that section) shall be available for technical assistance to the
States: Provided further, That with respect to the `Transfers'
provision under section 405(a)(8) of title 23, United States Code, any
amounts transferred to increase the amounts made available under
section 402 shall include the obligation authority for such amounts:
Provided further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the authority
granted under the preceding proviso or under section 405(a)(8) of title
23, United States Code, not later than 5 days after exercising such
authority.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $17,000,000, to remain available until September 30, 2022, shall
be made available to the National Highway Traffic Safety Administration
from the general fund: Provided, That of the sums provided under this
provision--
(1) not to exceed $7,000,000 shall be available to provide
funding for grants, pilot program activities, and innovative
solutions to reduce impaired-driving fatalities in
collaboration with eligible entities under section 403 of title
23, United States Code; and
(2) not to exceed $10,000,000 shall be available to
continue a high visibility enforcement paid-media campaign
regarding highway-rail grade crossing safety in collaboration
with the Federal Railroad Administration.
Sec. 143. None of the funds in this Act or any other Act shall be
used to enforce the requirements of section 405(a)(9) of title 23,
United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $236,134,000 (reduced by $1,000,000) (increased
by $1,000,000) (increased by $2,000,000) (reduced by $2,000,000), of
which $30,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$41,000,000, to remain available until expended.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State partnership for
state of good repair grants as authorized by section 24911 of title 49,
United States Code, $200,000,000 (reduced by $5,000,000) (increased by
$5,000,000), to remain available until expended: Provided, That the
Secretary may withhold up to 2 percent of the amounts made available
under this heading for the costs of award and project management
oversight of grants carried out under section 24911 of title 49, United
States Code: Provided further, That expenses incidental to the
acquisition or construction (including designing, engineering, location
surveying, mapping, environmental studies, and acquiring rights-of-way)
of a capital project as defined under section 24911(a)(2) of title 49,
United States Code, are eligible for funding independently or in
conjunction with proposed funding for construction: Provided further,
That section 24911(d)(1)(C) of title 49, United States Code, shall not
apply to amounts made available under this heading: Provided further,
That section 24911(d)(1)(C) of title 49, United States Code, shall not
apply to amounts made available under this heading in previous fiscal
years if such funds are announced in a Notice of Funding Opportunity
that includes funds made available under this heading: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity for amounts made available under this heading not later
than 60 days after the date of enactment of this Act: Provided
further, That the Secretary shall announce the selection of projects to
receive awards for amounts made available under this heading not later
than 240 days after the date of enactment of this Act.
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For necessary expenses related to consolidated rail infrastructure
and safety improvements grants, as authorized by section 22907 of title
49, United States Code, $500,000,000, to remain available until
expended: Provided, That of the amounts made available under this
heading--
(1) not less than $60,000,000 shall be for projects
eligible under section 22907(c)(5) of title 49, United States
Code;
(2) not less than $90,000,000 shall be for projects
eligible under section 22907(c)(2) of title 49, United States
Code, that support the development of new intercity passenger
rail service routes including alignments for existing routes:
Provided, That the Secretary shall give preference for pre-
construction elements including preliminary engineering and
final design of such projects; and
(3) not less than $25,000,000 shall be for capital projects
and engineering solutions targeting trespassing: Provided,
That the Secretary shall give preference for such projects that
are located in counties with the most pedestrian trespasser
casualties as identified in the Federal Railroad
Administration's National Strategy to Prevent Trespassing on
Railroad Property:
Provided further, That section 22905(f) of title 49, United States
Code, shall not apply to projects for the implementation of positive
train control systems otherwise eligible under section 22907(c)(1) of
title 49, United States Code: Provided further, That amounts made
available under this heading for projects selected for commuter rail
passenger transportation may be transferred by the Secretary, after
selection, to the appropriate agencies to be administered in accordance
with chapter 53 of title 49, United States Code: Provided further,
That the Secretary shall not limit eligible projects from consideration
for funding for planning, engineering, environmental, construction, and
design elements of the same project in the same application: Provided
further, That for amounts made available under this heading eligible
recipients under section 22907(b) of title 49, United States Code,
shall include any non-profit association representing Class II
railroads or Class III railroads (as such terms are defined in section
20102 of title 49, United States Code) or rail carriers that provide
intercity rail passenger transportation (as defined in section 24102 of
title 49, United States Code) and any holding company of a Class II
railroad or Class III railroad (as such terms are defined in section
20102 of title 49, United States Code): Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not apply to
amounts made available under this heading: Provided further, That
section 22907(e)(1)(A) of title 49, United States Code, shall not apply
to amounts made available under this heading in previous fiscal years
if such funds are announced in a Notice of Funding Opportunity that
includes funds made available under this heading: Provided further,
That unobligated balances remaining after 6 years from the date of
enactment of this Act may be used for any eligible project under
section 22907(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to 2 percent of the amounts made
available under this heading for the costs of award and project
management oversight of grants carried out under section 22907 of title
49, United States Code: Provided further, That the Secretary shall
issue the Notice of Funding Opportunity for amounts made available
under this heading not later than 30 days after the date of enactment
of this Act: Provided further, That such Notice of Funding Opportunity
shall require application submissions 90 days after the publishing of
such Notice: Provided further, That the Secretary shall announce the
selection of projects to receive awards for amounts made available
under this heading not later than 210 days after the date of enactment
of this Act.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in
subsections (a) through (c) of section 1307 of SAFETEA-LU (Public Law
109-59), as amended by section 102 of the SAFETEA-LU Technical
Corrections Act of 2008 (Public Law 110-244) (23 U.S.C. 322 note),
$5,000,000, to remain available until expended.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$750,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one half of 1 percent of the amounts made
available under both this heading and the ``National Network Grants to
the National Railroad Passenger Corporation'' heading to fund the costs
of project management and oversight of activities authorized by section
11101(c) of the Fixing America's Surface Transportation Act (division A
of Public Law 114-94): Provided further, That in addition to the
project management oversight funds authorized under section 11101(c) of
such Act, the Secretary may retain up to an additional $5,000,000 of
the amounts made available under this heading to fund expenses
associated with the Northeast Corridor Commission established under
section 24905 of title 49, United States Code: Provided further, That
of the amounts made available under this heading, not less than
$200,000,000 shall be made available to advance capital projects,
including rehabilitation and upgrade of railroad infrastructure, that
increase reliability or expand passenger rail capacity on the Amtrak-
owned portion of the Northeast Corridor (as defined in section 24102(8)
of title 49, United States Code) on which more than 380 trains traveled
per day in fiscal year 2019: Provided further, That of the amounts
made available under this heading and the ``National Network Grants to
the National Railroad Passenger Corporation'' heading, not less than
$75,000,000 shall be made available to bring Amtrak-served facilities
and stations into compliance with the Americans with Disabilities Act
of 1990 (42 U.S.C. 2101 et seq.).
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,300,000,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the amounts made
available under this heading to fund expenses associated with the
State-Supported Route Committee established under section 24712 of
title 49, United States Code: Provided further, That none of the funds
provided under this heading shall be used by Amtrak to give notice
under subsection (a) or (b) of section 24706 of title 49, United States
Code, with respect to long-distance routes (as defined in section 24102
of title 49, United States Code) on which Amtrak is the sole operator
on a host railroad's line and a positive train control system is not
required by law or regulation, or, except in an emergency or during
maintenance or construction outages impacting such routes, to otherwise
discontinue, reduce the frequency of, suspend, or substantially alter
the route of rail service on any portion of such route operated in
fiscal year 2018, including implementation of service permitted by
section 24305(a)(3)(A) of title 49, United States Code, in lieu of rail
service.
administrative provisions--federal railroad administration
(including rescissions)
Sec. 150. None of the funds made available to the National
Railroad Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That the
President of Amtrak may waive the cap set in the preceding proviso for
specific employees when the President of Amtrak determines such a cap
poses a risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report to the
House and Senate Committees on Appropriations no later than 60 days
after the date of enactment of this Act, a summary of all overtime
payments incurred by Amtrak for 2020 and the 3 prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments Amtrak
paid to employees receiving waivers for each month for 2020 and for the
3 prior calendar years.
Sec. 151. None of the funds made available to the National
Railroad Passenger Corporation under the headings ``Northeast Corridor
Grants to the National Railroad Passenger Corporation'' and ``National
Network Grants to the National Railroad Passenger Corporation'' may be
used to reduce the total number of Amtrak Police Department uniformed
officers patrolling on board passenger trains or at stations,
facilities or rights-of-way below the staffing level on May 1, 2019.
Sec. 152. None of the funds made available by this Act may be used
by the National Railroad Passenger Corporation in contravention of the
Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
Sec. 153. The matter under the heading ``Department of
Transportation--Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements''--
(1) in division G of the Consolidated Appropriations Act,
2019 (Public Law 116-6) is amended by striking ``4 years'' and
inserting ``6 years'' in the fourth proviso; and
(2) in division H of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) is amended by
striking ``4 years'' and inserting ``6 years'' in the fourth
proviso.
Sec. 154. Of the unobligated balances of funds remaining from--
(1) ``Capital and Debt Service Grants to the National
Railroad Passenger Corporation'' accounts totaling
$10,414,449.82 appropriated by the following public laws are
hereby permanently rescinded:
(A) Public Law 112-10 a total of $289,234.48;
(B) Public Law 112-55 a total of $4,760,000.00;
(C) Public Law 113-76 a total of $792,502.52;
(D) Public Law 113-235 a total of $1,698,806.61;
and
(E) Public Law 114-113 a total of $2,873,906.21;
(2) ``Railroad Safety Technology Program'' account totaling
$613,252.29 appropriated by Public Law 111-117 is hereby
permanently rescinded;
(3) ``Capital Assistance to States--Intercity Passenger
Rail Service'' account totaling $9,867,630.69 appropriated by
Public Law 111-8 is hereby permanently rescinded;
(4) ``Rail Line Relocation and Improvement Program''
accounts totaling $12,650,365.14 appropriated by the following
public laws are hereby permanently rescinded:
(A) Public Law 110-161 a total of $923,214.63;
(B) Public Law 111-8 a total of $5,558,233.95;
(C) Public Law 111-117 a total of $3,763,767.95;
and
(D) Public Law 112-10 a total of $2,405,148.61; and
(5) ``Next Generation High-Speed Rail'' accounts totaling
$3,019,483.21 appropriated by the following public laws are
hereby permanently rescinded:
(A) Public Law 104-50 a total of $610,807.00;
(B) Public Law 104-205 a total of $5,963.71;
(C) Public Law 105-66 a total of $1,218,742.47;
(D) Public Law 105-277 a total of $17,097.00;
(E) Public Law 106-69 a total of $1,005,969.00;
(F) Public Law 108-7 a total of $43,951.57;
(G) Public Law 108-199 a total of $24,263.48; and
(H) Public Law 108-447 a total of $92,688.98.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $121,052,000, of which $15,000,000 shall remain available
until September 30, 2022, and up to $1,000,000 shall be available to
carry out the provisions of section 5326 of such title: Provided, That
upon submission to the Congress of the fiscal year 2022 President's
budget, the Secretary of Transportation shall transmit to Congress the
annual report on Capital Investment Grants, including proposed
allocations for fiscal year 2022.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, or any successor surface
transportation reauthorization Act authorizing appropriations for
fiscal year 2021, $16,595,000,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available until
expended: Provided, That funds available for the implementation or
execution of programs authorized under 49 U.S.C. 5305, 5307, 5310,
5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act, section
20005(b) of Public Law 112-141, and section 3006(b) of the Fixing
America's Surface Transportation Act, or any successor surface
transportation reauthorization Act authorizing appropriations for
fiscal year 2021, shall not exceed total obligations of $15,945,200,000
in fiscal year 2021: Provided further, That the Federal share of the
cost of activities carried out under 49 U.S.C. 5312 shall not exceed 80
percent, except that if there is substantial public interest or
benefit, the Secretary may approve a greater Federal share: Provided
further, That until September 30, 2021, for amounts subject to the
obligation limitation under this heading during fiscal year 2021, the
Federal share of costs for any grant made for activities undertaken
pursuant to chapter 53 of title 49, United States Code, shall be, at
the option of the recipient, up to 100 percent but solely for funds
that have not been obligated to a grant prior to September 30, 2020:
Provided further, That the preceding proviso shall not apply to grants
made pursuant to a competitive application process in fiscal year 2021
or any prior fiscal year: Provided further, That not including any
amounts provided under the heading ``Transit Infrastructure Grants'' in
title XII of division B of the CARES Act (Public Law 116-136), an
urbanized area or State may obligate not more than 50 percent of its
unobligated balances authorized under sections 5305, 5307, 5310, 5311,
5329(e)(6), 5335, 5337, 5339, and 5340 of title 49, United States Code,
as of September 30, 2020, under this proviso.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, low or no emission grants
under section 5339(c) of such title, the passenger ferry grant program
as authorized under section 5307(h) of such title, and the
demonstration and deployment of innovative mobility solutions as
authorized under section 5312 of such title, $510,000,000, to remain
available until expended: Provided, That of the amounts made available
under this heading--
(1) $374,000,000 (reduced by $1,500,000) shall be available
for the buses and bus facilities competitive grants as
authorized under section 5339(b) of title 49, United States
Code: Provided, That activities that increase green space
surrounding a bus transportation hub structure are eligible for
a grant under this paragraph: Provided further, That the
minimum grant award shall be not less than $1,000,000;
(2) $125,000,000 (increased by $1,500,000) shall be
available for the low or no emission grants as authorized under
section 5339(c) of title 49, United States Code: Provided,
That the minimum grant award shall be not less than $1,250,000;
(3) $10,000,000 shall be available for the passenger ferry
grant program as authorized under section 5307(h) of title 49,
United States Code: Provided, That the funds provided under
this heading shall only be available for low or zero-emission
ferries or ferries using electric battery or fuel cell
components and the infrastructure to support such ferries; and
(4) $1,000,000 shall be shall be available for the
demonstration and deployment of innovative mobility solutions
as authorized under section 5312 of title 49, United States
Code: Provided, that such amounts shall be available for
competitive grants or cooperative agreements for the
development of software to facilitate the provision of demand-
response public transportation service that dispatches public
transportation fleet vehicles through riders mobile devices or
other advanced means: Provided further, That the Secretary
shall evaluate the potential for software developed with grants
or cooperative agreements to be shared for use by public
transportation agencies:
Provided further, That the Federal share of the costs for which any
grant is made under this heading shall be, at the option of the
recipient, up to 100 percent: Provided further, That amounts made
available under this heading shall be derived from the general fund and
shall not be subject to any limitation on obligation for transit
programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out section 5314 of title 49,
United States Code, $7,000,000, to remain available until September 30,
2022: Provided, That the assistance provided under this heading does
not duplicate the activities of section 5311(b) or section 5312 of
title 49, United States Code.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act
(49 U.S.C. 5309 note), $2,175,000,000 (increased by $2,000,000), to
remain available until September 30, 2024: Provided, That of the
amounts made available under this heading, $1,848,000,000 shall be
allocated by December 31, 2022: Provided further, That of the amounts
made available under this heading, $1,250,000,000 shall be available
for projects authorized under section 5309(d) of title 49, United
States Code, $525,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code, $300,000,000
shall be available for projects authorized under section 5309(h) of
title 49, United States Code, and $100,000,000 shall be available for
projects authorized under section 3005(b) of the Fixing America's
Surface Transportation Act (49 U.S.C. 5309 note): Provided further,
That funds made available under this heading in this or any other Act
may be available for amendments to current full-funding grant
agreements that require additional Federal funding as a result of
coronavirus: Provided further, That the Secretary shall continue to
administer the capital investment grants program in accordance with the
procedural and substantive requirements of section 5309 of title 49,
United States Code, of section 3005(b) of the Fixing America's Surface
Transportation Act (49 U.S.C. 5309 note), and of section 5309(i) of
title 49, United States Code: Provided further, That projects that
receive a grant agreement under the Expedited Project Delivery for
Capital Investment Grants Pilot Program under section 3005(b) of the
Fixing America's Surface Transportation Act (49 U.S.C. 5309 note) shall
be deemed eligible for funding provided for projects under section 5309
of title 49, United States Code, without further evaluation or rating
under such section: Provided further, That such funding shall not
exceed the Federal share under section 3005(b).
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432),
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That the Secretary shall
determine that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will improve the
safety of the system before approving such grants: Provided further,
That the Secretary, in order to ensure safety throughout the rail
system, may waive the requirements of section 601(e)(1) of division B
of the Passenger Rail Investment and Improvement Act of 2008 (Public
Law 110-432).
administrative provisions--federal transit administration
(including rescissions)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Capital
Investment Grants'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act
not obligated by September 30, 2024, and other recoveries, shall be
directed to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2019, for any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. None of the funds made available by this Act or any
other Act shall be used to adjust apportionments or withhold funds from
apportionments pursuant to section 9503(e)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 9503(e)(4)).
Sec. 164. An eligible recipient of a grant under section 5339(c)
may submit an application in partnership with other entities, including
a transit vehicle manufacturer, that intend to participate in the
implementation of a project under section 5339(c) of title 49, United
States Code, and a project awarded with such partnership shall be
treated as satisfying the requirement for a competitive procurement
under section 5325(a) of title 49, United States Code, for the named
entity.
Sec. 165. None of the funds made available by this Act or any
other Act shall be used to impede or hinder project advancement or
approval for any project seeking a Federal contribution from the
capital investment grant program of greater than 40 percent of project
costs as authorized under section 5309 of title 49, United States Code.
Sec. 166. None of the funds made available by this Act may be used
for the implementation or furtherance of new policies detailed in the
``Dear Colleague'' letter distributed by the Federal Transit
Administration to capital investment grant program project sponsors on
June 29, 2018.
Sec. 167. None of the funds made available in this Act may be used
by the Department of Transportation to implement any policy that
requires a capital investment grant project to receive a medium or
higher project rating before taking actions to finalize an
environmental impact statement.
Sec. 168. Of the unobligated amounts made available for prior
fiscal years to Formula Grants in Treasury Account 69-X-1129, a total
of $1,606,849 are hereby permanently rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency or disaster relief requirement pursuant to a
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 169. Of the unobligated amounts made available for the Job
Access and Reverse Commute program, as authorized by Public Law 105-
178, as amended, a total of $320,230 are hereby permanently rescinded.
Sec. 169A. Of the unobligated amounts made available for Research,
Training, and Human Resources, as authorized by Public Law 95-599, as
amended, a total of $31,634 are hereby permanently rescinded.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 9104 of title 31,
United States Code, as may be necessary in carrying out the programs
set forth in the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital infrastructure activities on portions of the Saint Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $40,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to section 210 of the Water Resources
Development Act of 1986 (33 U.S.C. 2238): Provided, That of the
amounts made available under this heading, not less than $15,800,000
shall be for the seaway infrastructure program.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet as authorized under chapter 531 of title 46, United
States Code, to serve the national security needs of the United States,
$314,007,780, to remain available until expended.
cable security fleet program
For necessary expenses to establish and maintain a fleet of United
States-documented cable vessels as authorized under chapter 532 of
title 46, United States Code, to meet the national security
requirements of the United States, $10,000,000, to remain available
until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $161,417,000: Provided, That of the amounts made
available under this heading--
(1) $82,289,000, to remain available until September 30,
2022, shall be for the operations of the United States Merchant
Marine Academy;
(2) $5,500,000, to remain available until expended, shall
be for facilities maintenance and repair, and equipment, at the
United States Merchant Marine Academy;
(3) $3,000,000, to remain available until September 30,
2022, shall be for the Maritime Environmental and Technical
Assistance program authorized under section 50307 of title 46,
United States Code; and
(4) $14,775,000, to remain available until expended, shall
be for the Short Sea Transportation Program (America's Marine
Highways) to make grants for the purposes authorized under
paragraphs (1) and (3) of section 55601(b) of title 46, United
States Code:
Provided further, That not later than 120 days after the date of
enactment of this Act, the Administrator of the Maritime Administration
shall transmit to the House and Senate Committees on Appropriations the
annual report on sexual assault and sexual harassment at the United
States Merchant Marine Academy as required pursuant to section 3507 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (46 U.S.C. 51301 note): Provided further, That available balances
under this heading for the Short Sea Transportation Program (America's
Marine Highways) from prior year recoveries shall be available to carry
out activities authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code: Provided further, That for
amounts made available under paragraphs (3) and (4) of the first
proviso, the Secretary of Transportation shall make grants not later
than 180 days after the date of enactment of this Act in such amounts
as the Secretary determines: Provided further, That any unobligated
balances and obligated balances not yet expended from previous
appropriations under this heading for programs and activities
supporting State Maritime Academies shall be transferred to and merged
with the appropriations for ``Maritime Administration--State Maritime
Academy Operations'' and shall be made available for the same purposes
as the appropriations for ``Maritime Administration--State Maritime
Academy Operations''.
state maritime academy operations
For necessary expenses of operations, support, and training
activities for State Maritime Academies, $431,700,000: Provided, That
of the amounts made available under this heading--
(1) $30,500,000, to remain available until expended, shall
be for maintenance, repair, life extension, marine insurance,
and capacity improvement of National Defense Reserve Fleet
training ships in support of State Maritime Academies, of which
$8,000,000, to remain available until expended, shall be for
expenses related to training mariners for costs associated with
training vessel sharing pursuant to section 51504(g)(3) of
title 46, United States Code, for costs associated with
mobilizing, operating, and demobilizing the vessel, including
travel costs for students, faculty, and crew, the costs of the
general agent, crew costs, fuel, insurance, operational fees,
and vessel hire costs, as determined by the Secretary;
(2) $389,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and
design of school ships;
(3) $2,400,000, to remain available until September 30,
2022, shall be for the Student Incentive Program;
(4) $3,800,000, to remain available until expended, shall
be for training ship fuel assistance; and
(5) $6,000,000, to remain available until September 30,
2022, shall be for direct payments for State Maritime
Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, $20,000,000, to remain available
until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$5,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Maritime Administration--Operations and
Training''.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302(c) of title 46, United States Code, $300,000,000, to
remain available until expended: Provided, That projects eligible for
amounts made available under this heading shall be projects for coastal
seaports, inland river ports, or Great Lakes ports: Provided further,
That of the amounts made available under this heading, not less than
$275,000,000 shall be for coastal seaports or Great Lakes ports:
Provided further, That the Maritime Administration shall distribute
amounts made available under this heading as discretionary grants to
port authorities or commissions or their subdivisions and agents under
existing authority, as well as to a State or political subdivision of a
State or local government, a Tribal Government, a public agency or
publicly chartered authority established by one or more States, a
special purpose district with a transportation function, a multistate
or multijurisdictional group of entities, or a lead entity described
above jointly with a private entity or group of private entities:
Provided further, That projects eligible for amounts made available
under this heading shall be designed to improve the safety, efficiency,
or reliability of the movement of goods into, out of, around, or within
a port and located--
(1) within the boundary of a port; or
(2) outside the boundary of a port, and directly related to
port operations, or to an intermodal connection to a port:
Provided further, That project awards eligible under this heading
shall be only for--
(1) port gate improvements;
(2) road improvements both within and connecting to the
port;
(3) rail improvements both within and connecting to the
port;
(4) berth improvements (including docks, wharves, piers and
dredging incidental to the improvement project);
(5) fixed landside improvements in support of cargo
operations (such as silos, elevators, conveyors, container
terminals, Ro/Ro structures including parking garages necessary
for intermodal freight transfer, warehouses including
refrigerated facilities, lay-down areas, transit sheds, and
other such facilities);
(6) utilities necessary for safe operations (including
lighting, stormwater, and other such improvements that are
incidental to a larger infrastructure project); or
(7) a combination of activities described above:
Provided further, That the Federal share of the costs for which an
amount is provided under this heading shall be up to 80 percent:
Provided further, That section 50302(c)(6)(B)(i) of title 46, United
States Code, shall not apply to amounts made available under this
heading: Provided further, That for grants awarded under this heading,
the minimum grant size shall be $1,000,000: Provided further, That for
grant awards less than $10,000,000, the Secretary shall prioritize
ports that handled less than 10,000,000 short tons in 2017, as
identified by the Corps of Engineers: Provided further, That for grant
awards less than $10,000,000, the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That the proceeds
of Federal credit assistance under chapter 6 of title 23, United States
Code, or sections 501 through 504 of the Railroad and Revitalization
and Regulatory Reform Act of 1976 (Public Law 94-210) shall be
considered to be part of the non-Federal share of project costs if the
loan is repayable from non-Federal funds, unless otherwise requested by
the project sponsor: Provided further, That not to exceed 2 percent of
the amounts made available under this heading shall be available for
necessary costs of grant administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be deposited into the Treasury as
miscellaneous receipts.
Sec. 171. For fiscal year 2021, in addition to payments made
pursuant to section 53106 of title 46, United States Code, the
Secretary shall pay to the contractor for an operating agreement
entered into pursuant to chapter 531 of title 46, United States Code,
for each vessel that is covered by such operating agreement as of the
date of enactment of this Act, an amount equal to $500,000: Provided,
That payments authorized by this section shall be paid not later than
60 days after the date of enactment of this Act: Provided further, That
any unobligated balances remaining from the amounts made available for
payments under the heading ``Maritime Administration--Maritime Security
Program'' in any prior Act may be used for such payments.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $25,715,000 (reduced by $1,000,000)
(increased by $1,000,000), of which $1,500,000 shall remain available
until September 30, 2023.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $62,000,000, to remain available until September 30,
2023: Provided, That up to $800,000 in fees collected under section
5108(g) of title 49, United States Code, shall be deposited in the
general fund of the Treasury as offsetting receipts: Provided further,
That there may be credited to this appropriation, to be available until
expended, funds received from States, counties, municipalities, other
public authorities, and private sources for expenses incurred for
training, for reports publication and dissemination, and for travel
expenses incurred in performance of hazardous materials exemptions and
approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by section 60107 of title 49, United States Code, and to
discharge the pipeline program responsibilities of the Oil Pollution
Act of 1990 (Public Law 101-380), $173,000,000, to remain available
until September 30, 2023, of which $23,000,000 shall be derived from
the Oil Spill Liability Trust Fund; of which $140,000,000 shall be
derived from the Pipeline Safety Fund; and of which $10,000,000 shall
be derived from fees collected under section 60302 of title 49, United
States Code, and deposited in the Underground Natural Gas Storage
Facility Safety Account for the purpose of carrying out section 60141
of title 49, United States Code: Provided, That not less than
$1,058,000 of the amounts made available under this heading shall be
for the One-Call State grant program.
emergency preparedness grants
(limitation on obligations)
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2023, from amounts made available by section 5116(h) and
subsections (b) and (c) of section 5128 of title 49, United States
Code: Provided, That notwithstanding section 5116(h)(4) of title 49,
United States Code, not more than 4 percent of the amounts made
available from this account shall be available to pay administrative
costs: Provided further, That notwithstanding subsections (b) and (c)
of section 5128 of title 49, United States Code, and the limitation on
obligations provided under this heading, prior year recoveries
recognized in the current year shall be available to develop and
deliver hazardous materials emergency response training for emergency
responders, including response activities for the transportation of
crude oil, ethanol, flammable liquids, and other hazardous commodities
by rail, consistent with National Fire Protection Association
standards, and to make such training available through an electronic
format: Provided further, That the prior year recoveries made
available under this heading shall also be available to carry out
sections 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e) of title 49,
United States Code.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $98,150,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the Government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code.
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the missions of the Department of
Transportation or an operating administration of the Department of
Transportation.
(c) Any unmanned aircraft system purchased, procured, or contracted
for by the Department prior to the date of enactment of this Act shall
be deemed authorized by Congress as if this provision was in effect
when the system was purchased, procured, or contracted for.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by
section 3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the rate for
an Executive Level IV.
Sec. 182. (a) No recipient of amounts made available by this Act
shall disseminate personal information (as defined in section 2725(3)
of title 18, United States Code) obtained by a State department of
motor vehicles in connection with a motor vehicle record as defined in
section 2725(1) of title 18, United States Code, except as provided in
section 2721 of title 18, United States Code, for a use permitted under
section 2721 of title 18, United States Code.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold amounts made available by this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 183. None of the funds made available by this Act shall be
available for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to
section 20105 of title 49, United States Code.
Sec. 185. (a) None of the funds made available by this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, cooperative agreement, or discretionary
grant unless the Secretary of Transportation notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project competitively selected to receive any discretionary
grant award, letter of intent, loan commitment, loan guarantee
commitment, line of credit commitment, cooperative agreement, or full
funding grant agreement is announced by the Department or its operating
administrations: Provided, That the Secretary gives concurrent
notification to the House and Senate Committees on Appropriations for
any ``quick release'' of funds from the emergency relief program:
Provided further, That no notification shall involve funds that are not
available for obligation.
(b) In addition to the notification required in subsection (a),
none of the funds made available by this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, cooperative agreement, or discretionary grant unless the
Secretary of Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, cooperative agreements, or discretionary grants that
will be announced not less the 3 full business days before such
announcement: Provided, That the Department of Transportation shall
provide the list required in this subsection prior to the notification
required in subsection (a): Provided further, That the requirement to
provide a list in this subsection does not apply to any ``quick
release'' of funds from the emergency relief program: Provided
further, That no list shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees, and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available by this Act or any prior Act that
the Secretary determines represent improper payments by the Department
of Transportation to a third-party contractor under a financial
assistance award, which are recovered pursuant to law, shall be
available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available by this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002 (Public Law
107-300), as amended by the Improper Payments Elimination and
Recovery Act of 2010 (Public Law 111-204) and Improper Payments
Elimination and Recovery Improvement Act of 2012 (Public Law
112-248), and Fraud Reduction and Data Analytics Act of 2015
(Public Law 114-186): Provided, That amounts in excess of that
required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available:
Provided further, That where specific project or
accounting information associated with the improper
payment or payments is not readily available, the
Secretary may credit an appropriate account, which
shall be available for the purposes and period
associated with the account so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That prior to depositing
such recovery in the Treasury, the Secretary shall
notify the House and Senate Committees on
Appropriations of the amount and reasons for such
transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same
meaning as that provided in section 2(e)(2) of the
Improper Payments Elimination and Recovery Act of 2010
(Public Law 111-204).
Sec. 188. Notwithstanding any other provision of law, if any funds
provided by or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of such reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and such reprogramming action shall be approved or
denied solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide notice to
other congressional committees of the action of the House and Senate
Committees on Appropriations on such reprogramming but not sooner than
30 days after the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 189. Funds appropriated by this Act to the operating
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable operating administration
or administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49 or
title 23 of the United States Code utilizing geographic, economic, or
any other hiring preference not otherwise authorized by law, or to
amend a rule, regulation, policy or other measure that forbids a
recipient of a Federal Highway Administration or Federal Transit
Administration grant from imposing such hiring preference on a contract
or construction project with which the Department of Transportation is
assisting, only if the grant recipient certifies the following:
(1) That except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction.
(2) That the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference.
(3) That any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
Sec. 192. The Secretary of Transportation shall coordinate with
the Secretary of Homeland Security to ensure that best practices for
Industrial Control Systems Procurement are up-to-date and shall ensure
that systems procured with funds provided under this title were
procured using such practices.
Sec. 193. Notwithstanding the Department of Transportation
Appropriations Act, 2010 (Public Law 111-117), de-obligated funds
associated with Cooperative Agreement No. FR-HSR-0118-12-01-01 may not
be made available for any purpose, including award, transfer, or
obligation to any other program or recipient, until the final
determination of any litigation concerning such funds.
Sec. 194. None of the funds made available by this Act shall be
available to consolidate governmental affairs activities across the
Department of Transportation in the Office of Governmental Affairs in
the Office of the Secretary or public affairs activities across the
Department of Transportation in the Office of Public Affairs in the
Office of the Secretary: Provided, That the operating administrations
of the Department of Transportation shall not transfer personnel to the
Office of Governmental Affairs in the Office of the Secretary or the
Office of Public Affairs in the Office of the Secretary.
Sec. 195. None of the funds made available by this Act may be used
to eliminate dining services on long-distance routes (as such term is
defined in section 24102 of title 49, United States Code).
Sec. 196. None of the funds made available by division G of this
Act to the Department of Transportation may be used in contravention of
section 306108 of title 54, United States Code.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2021''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $15,000,000
(reduced by $2,000,000), to remain available until September 30, 2022:
Provided, That not to exceed $20,000 of the amount made available under
this heading shall be available to the Secretary for official reception
and representation expenses as the Secretary of Housing and Urban
Development (in this title ``the Secretary'') may determine: Provided
further, That the Secretary shall issue the report required by House
Report 114-129 not later than 30 days after the date of enactment of
this Act: Provided further, that such report shall include (1) the
Department's strategy for continuing to ensure that lesbian, gay,
bisexual, and transgender individuals have access to Department of
Housing and Urban Development (in this title the ``Department'' or
``HUD'') programs for which they are eligible, to be provided by the
Office of Fair Housing and Equal Opportunity; and (2) the plan for
disseminating this information to public housing agencies, to be
provided by the Office of Public and Indian Housing: Provided further,
That the amount made available under this heading for the ``Office of
the Secretary'' shall be reduced by $10,000 for each day after the date
that is 30 days after enactment of this Act that such report has not
been submitted to the Congress.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $600,000,000 (reduced by $3,000,000) (reduced by $3,000,000),
to remain available until September 30, 2022: Provided, That of the
amounts made available under this heading--
(1) not to exceed $71,576,000 shall be available for the
Office of the Chief Financial Officer;
(2) not to exceed $109,044,000 shall be available for the
Office of the General Counsel, of which not less than
$18,700,000 shall be for the Departmental Enforcement Center;
(3) not to exceed $286,258,000 (reduced by $3,000,000)
(reduced by $3,000,000) shall be available for the Office of
the Assistant Secretary for Administration, of which not less
than $20,000,000 shall be for modernizing the Weaver Building
and space consolidation, to remain available until September
30, 2023;
(4) not to exceed $65,200,000 shall be available for the
Office of Field Policy and Management;
(5) not to exceed $4,535,000 shall be available for the
Office of Departmental Equal Employment Opportunity; and
(6) not less than $63,387,000 shall be available for the
Office of the Chief Information Officer:
Provided further, That funds made available under this heading may be
used for necessary administrative and non-administrative expenses of
the Department, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code: Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for advertising
and promotional activities that directly support program activities
funded in this title: Provided further, That the Secretary shall
provide the House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide in
electronic form all signed reports required by Congress: Provided
further, That none of the funds made available under this heading for
the Office of the Chief Financial Officer for the financial
transformation initiative shall be available for obligation until after
the Secretary publishes the necessary administrative requirements for
amounts made available to provide enhanced or improved electrical power
systems under the heading ``Department of Housing and Urban
Development--Community Development Fund'' in Public Law 115-123:
Provided further, That only after the terms and conditions of the
preceding proviso have been met, not more than 10 percent of the funds
made available under this heading for the Office of the Chief Financial
Officer for the financial transformation initiative may be obligated
until the Secretary submits to the House and Senate Committees on
Appropriations, for approval, a plan for expenditure that includes the
financial and internal control capabilities to be delivered and the
mission benefits to be realized, key milestones to be met, and the
relationship between the proposed use of funds made available under
this heading and the projected total cost and scope of the initiative.
program offices
For necessary salaries and expenses for Program Offices,
$909,595,000 (reduced by $1,000,000), to remain available until
September 30, 2022: Provided, That of the amounts made available under
this heading--
(1) not to exceed $245,000,000 shall be available for the
Office of Public and Indian Housing;
(2) not to exceed $138,290,000 (reduced by $1,000,000)
shall be available for the Office of Community Planning and
Development;
(3) not to exceed $400,000,000 (reduced by $1,000,000)
shall be available for the Office of Housing, of which not less
than $12,300,000 shall be for the Office of Recapitalization;
(4) not to exceed $35,443,000 shall be available for the
Office of Policy Development and Research;
(5) not less than $81,000,000 (increased by $1,000,000)
shall be available for the Office of Fair Housing and Equal
Opportunity; and
(6) not less than $9,862,000 shall be available for the
Office of Lead Hazard Control and Healthy Homes.
working capital fund
(including transfer of funds)
For the working capital fund for the Department (``the Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred to the
Fund under this heading, including reimbursements pursuant to section
7(f), shall be available only for Federal shared services used by
offices and agencies of the Department, and for any such portion of any
office or agency's information technology customer devices and support;
talent management; printing; records management; space renovation;
furniture; or supply services the Secretary has determined shall be
provided through the Fund, and for the operational expenses of the
Fund: Provided, That amounts from the Fund shall not be available to
provide services not specifically authorized under this heading:
Provided further, That upon a determination by the Secretary that any
other service (or portion thereof) authorized under this heading shall
be provided through the Fund, amounts made available under this title
for salaries and expenses under the headings ``Executive Offices'',
``Administrative Support Offices'', ``Program Offices'', and
``Government National Mortgage Association'', for such services shall
be transferred to the Fund, to remain available until expended:
Provided further, That the Secretary shall notify the House and Senate
Committees on Appropriations of its plans for executing such transfers
at least 15 days in advance of such transfers: Provided further, That
the Secretary may transfer not to exceed an additional $10,000,000, in
aggregate, from all such appropriations, to be merged with the Fund and
to remain available until expended for any purpose under this heading.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
not otherwise provided for, $21,739,312,000, to remain available until
expended, which shall be available on October 1, 2020 (in addition to
the $4,000,000,000 previously appropriated under this heading that
shall be available on October 1, 2020), and $4,000,000,000, to remain
available until expended, which shall be available on October 1, 2021:
Provided, That the amounts made available under this heading are
provided as follows--
(1) $22,852,000,000 shall be for renewals of expiring
section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act
and as authorized under 613(b) of the Cranston-Gonzales
National Affordable Housing Act (12 U.S.C. 4125(b))) and
including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary shall for the calendar year 2021
funding cycle, provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided
further, That none of the funds provided under this paragraph
may be used to fund a total number of unit months under lease
that exceeds a public housing agency's authorized level of
units under contract, except for public housing agencies
participating in the Moving to Work (in this title ``MTW'')
demonstration, which shall instead be governed by the terms and
conditions of their MTW agreements: Provided further, That the
Secretary shall, to the extent necessary not to exceed the
amount specified under this paragraph (except as otherwise
modified under this paragraph), prorate each public housing
agency's allocation otherwise established pursuant to this
paragraph: Provided further, That except as provided in the
succeeding provisos, the entire amount specified under this
paragraph (except as otherwise modified under this paragraph)
shall be obligated to the public housing agencies based on the
allocation and pro rata method described above, and the
Secretary shall notify public housing agencies of their annual
budgets by the latter of 60 days after enactment of this Act or
March 1, 2021: Provided further, That the Secretary may extend
the notification period under the preceding proviso with the
prior written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing agencies
participating in the MTW demonstration shall be funded pursuant
to their MTW agreements and shall be subject to the same pro
rata adjustments under the preceding provisos: Provided
further, That the Secretary may offset public housing agencies'
calendar year 2021 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2020 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2021 MTW funding
allocation: Provided further, That the Secretary shall use any
offset referred to in the preceding two provisos throughout the
calendar year to prevent the termination of rental assistance
for families as the result of insufficient funding, as
determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further,
That up to $100,000,000 shall be available only: (A) for
adjustments in the allocations for public housing agencies,
after application for an adjustment by a public housing agency
that experienced a significant increase, as determined by the
Secretary, in renewal costs of vouchers resulting from
unforeseen circumstances or from portability under section 8(r)
of the Act; (B) for vouchers that were not in use during the
previous 12-month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act; (C) for
adjustments for costs associated with HUD-Veterans Affairs
Supportive Housing (HUD-VASH) vouchers under section 8(o)(19)
of the Act; (D) for public housing agencies that despite taking
reasonable cost savings measures, as determined by the
Secretary, would otherwise be required to terminate rental
assistance for families as a result of insufficient funding;
(E) for adjustments in the allocations for public housing
agencies that (i) are leasing a lower-than-average percentage
of their authorized vouchers, (ii) have low amounts of budget
authority in their net restricted assets accounts and HUD-held
programmatic reserves, relative to other agencies, and (iii)
are not participating in the Moving to Work demonstration, to
enable such agencies to lease more vouchers; and (F) for public
housing agencies that have experienced increased costs or loss
of units in an area for which the President declared a disaster
under title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.): Provided
further, That the Secretary shall allocate amounts under the
preceding proviso based on need, as determined by the
Secretary;
(2) $125,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in properties
financed under section 202 of the Housing Act of 1959 (12
U.S.C. 1701q) between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569 or under the authority as
provided under this Act: Provided, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the Secretary
may only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be
available as assisted housing, subject only to the availability
of funds: Provided further, That of the amounts provided in
this paragraph, at least $5,000,000 may be available to provide
tenant protection assistance, not otherwise provided under this
paragraph, to residents residing in low vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of: (A) the maturity of a HUD-insured,
HUD-held, or section 202 loan that requires the permission of
the Secretary prior to loan prepayment; (B) the expiration of a
rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (C) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the preceding
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t), (o)(13)): Provided further, That the
Secretary shall issue guidance to implement the preceding
provisos, including requirements for defining eligible at-risk
households within 60 days of the enactment of this Act:
Provided further, That any tenant protection voucher made
available from amounts provided in this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the
initial family that received any such voucher no longer
receives such voucher, and the authority for any public housing
agency to issue any such voucher shall terminate: Provided
further, That the Secretary may provide section 8 rental
assistance from amounts provided in this paragraph for units
assisted under a project-based subsidy contract funded under
the ``Project-Based Rental Assistance'' heading under this
title if the owner has received a Notice of Default and the
units pose an imminent health and safety risk to residents:
Provided further, That to the extent that the Secretary
determines that such units are not feasible for continued
rental assistance payments or transfer of the subsidy contract
associated with such units to another project or projects and
owner or owners, any remaining amounts associated with such
units under such contract shall be recaptured and used to
reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $2,154,812,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $30,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, including fees associated
with section 8 tenant protection rental assistance, the
administration of disaster related vouchers, HUD-VASH vouchers,
and other special purpose incremental vouchers: Provided, That
not less than $2,124,812,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the
calendar year 2021 funding cycle based on section 8(q) of the
Act (and related appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts provided in this paragraph are
insufficient to pay the amounts determined under the preceding
proviso, the Secretary may decrease the amounts allocated to
agencies by a uniform percentage applicable to all agencies
receiving funding under this paragraph or may, to the extent
necessary to provide full payment of amounts determined under
the preceding proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated to
the Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be funded
pursuant to their MTW agreements, and shall be subject to the
same uniform percentage decrease as under the preceding
proviso: Provided further, That amounts provided in this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $310,000,000 shall be for the renewal of tenant-based
assistance contracts under section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), including
necessary administrative expenses: Provided, That
administrative and other expenses of public housing agencies in
administering the special purpose vouchers under this paragraph
shall be funded under the same terms and be subject to the same
pro rata reduction as the percent decrease for administrative
and other expenses to public housing agencies under paragraph
(3) of this heading: Provided further, That up to $10,000,000
shall be available only (A) for adjustments in the allocations
for public housing agencies, after applications for such an
adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in
Mainstream renewal costs resulting from unforeseen
circumstances, and (B) for public housing agencies that despite
taking reasonable cost saving measures, as determined by the
Secretary, would otherwise be required to terminate the rental
assistance for Mainstream families as a result of insufficient
funding: Provided further, That the Secretary shall allocate
amounts under the preceding proviso based on need, as
determined by the Secretary: Provided further, That upon
turnover, section 811 special purpose vouchers funded under
this heading in this or prior Acts, or under any other heading
in prior Acts, shall be available for non-elderly persons with
disabilities;
(5) $2,500,000 shall be for rental assistance and
associated administrative fees for the Tribal HUD-VASH program
to serve Native American veterans that are homeless or at-risk
of homelessness living on or near a reservation or other Indian
areas: Provided, That amounts provided in this paragraph shall
be made available for renewal grants to recipients that
received assistance under prior Acts under the Tribal HUD-VASH
program: Provided further, That the Secretary may specify
criteria for renewal grants, including data on the utilization
of assistance reported by grant recipients: Provided further,
That such assistance shall be administered in accordance with
program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.) and modeled after the HUD-VASH program: Provided
further, That the Secretary may waive, or specify alternative
requirements for, any provision of any statute or regulation
that the Secretary administers in connection with the use of
amounts provided in this paragraph (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that any
such waivers or alternative requirements are necessary for the
effective delivery and administration of such assistance:
Provided further, That grant recipients shall report to the
Secretary on utilization of such rental assistance and other
program data, as prescribed by the Secretary: Provided
further, That the Secretary may reallocate, as determined by
the Secretary, amounts returned or recaptured from awards under
the Tribal HUD-VASH program under prior Acts to existing
recipients under the Tribal HUD-VASH program;
(6) $20,000,000 shall be for incremental rental voucher
assistance for use through a supported housing program
administered in conjunction with the Department of Veterans
Affairs as authorized under section 8(o)(19) of the United
States Housing Act of 1937: Provided, That the Secretary shall
make such funding available, notwithstanding section 203 of
this title (competition provision), to public housing agencies
that partner with eligible VA Medical Centers or other entities
as designated by the Secretary of the Department of Veterans
Affairs, based on geographical need for such assistance as
identified by the Secretary of Veterans Affairs, public housing
agency administrative performance, and other factors as
specified by the Secretary of Housing and Urban Development in
consultation with the Secretary of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for (in
consultation with the Secretary of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds provided in this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of such
voucher assistance: Provided further, That assistance made
available under this paragraph shall continue to remain
available for homeless veterans upon turnover;
(7) $25,000,000 shall be for the family unification program
authorized under section 8(x) of the Act: Provided, That the
amounts provided in this paragraph shall be provided as
follows:
(A) $5,000,000 shall be for new incremental voucher
assistance: Provided, That the assistance made
available under this subparagraph shall continue to
remain available for family unification upon turnover;
and
(B) $20,000,000 shall be for new incremental
voucher assistance to assist eligible youths as defined
by such section 8(x)(2)(B): Provided, That assistance
made available under this subparagraph shall continue
to remain available for such eligible youths upon
turnover: Provided further, That of the total amount
made available under this subparagraph, up to
$10,000,000 shall be available on a noncompetitive
basis to public housing agencies that partner with
public child welfare agencies to identify such eligible
youths, that request such assistance to timely assist
such eligible youths, and that meet any other criteria
as specified by the Secretary: Provided further, That
the Secretary shall review utilization of the
assistance made available under the preceding proviso,
at an interval to be determined by the Secretary, and
unutilized voucher assistance that is no longer needed
shall be recaptured by the Secretary and reallocated
pursuant to the preceding proviso: Provided further,
That for any public housing agency administering
voucher assistance appropriated in a prior Act under
the family unification program, or made available and
competitively selected under this paragraph, that
determines that it no longer has an identified need for
such assistance upon turnover, such agency shall notify
the Secretary, and the Secretary shall recapture such
assistance from the agency and reallocate it to any
other public housing agency or agencies based on need
for voucher assistance in connection with such
specified program or eligible youths, as applicable;
and
(8) $250,000,000 shall be for incremental rental voucher
assistance under section 8(o) of the United States Housing Act
of 1937 for use by individuals and families who are homeless,
as defined in section 103(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a)), at risk of homelessness,
as defined in section 401(1) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360(1)), or fleeing, or attempting
to flee, domestic violence, dating violence, sexual assault, or
stalking or for veterans and families that include a veteran
family member: Provided, That of such amount not less than
$40,000,000 shall be available for individuals and families who
are fleeing, or attempting to flee, domestic violence, dating
violence, sexual assault, or stalking, and not less than
$40,000,000 shall be available for veterans and families that
include a veteran family member: Provided further, That the
Secretary shall make such funding available, notwithstanding
section 203 of this title (competition provision) to public
housing agencies that partner with eligible Continuums of Care
or other entities as designated by the Secretary, based on
geographical need of such assistance, public housing agency
administrative performance, and other factors as specified by
the Secretary: Provided further, That, the Secretary shall give
preference to applicants that demonstrate a strategy to
coordinate assistance with services available in the community:
Provided further, That the Secretary may waive, or specify
alternative requirements for, any provision or statute or
regulation that the Secretary administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment) upon a finding by the
Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of such
voucher assistance: Provided further, That none of the funds
provided in this paragraph may be used to require people
experiencing homelessness to receive treatment or perform any
other prerequisite activities as a condition for receiving
shelter, housing or other services: Provided further, That the
Secretary shall issue guidance to implement the preceding
proviso.
The Secretary shall separately track all special purpose vouchers
funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2021 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior fiscal years that
have been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal
year, from section 8 project-based contracts from source years fiscal
year 1975 through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount rescinded
is hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the Act (42 U.S.C. 1437g) $3,180,000,000 (increased
by $3,000,000), to remain available until September 30, 2024:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2021, the Secretary may not delegate to
any Department official other than the Deputy Secretary and the
Assistant Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the time
periods under such section: Provided further, That for purposes of
such section 9(j), the term ``obligate'' means, with respect to
amounts, that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future: Provided further,
That of the total amount made available under this heading, up to
$23,000,000 shall be to support ongoing public housing financial and
physical assessment activities: Provided further, That of the total
amount made available under this heading, up to $1,000,000 shall be to
support the costs of administrative and judicial receiverships:
Provided further, That of the total amount provided under this heading,
not to exceed $74,650,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this Act, to public housing
agencies for emergency capital needs including safety and security
measures necessary to address crime and drug-related activity and needs
resulting from unforeseen or unpreventable emergencies and natural
disasters excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2021, of which
$34,650,000 shall be available for public housing agencies under
administrative and judicial receiverships or under the control of a
Federal monitor: Provided further, That of the amount made available
under the preceding proviso, not less than $20,000,000 shall be for
safety and security measures: Provided further, That in addition to
the amount in the preceding proviso for such safety and security
measures, any amounts that remain available, after all applications
received on or before September 30, 2022, for emergency capital needs
have been processed, shall be allocated to public housing agencies for
such safety and security measures: Provided further, That with respect
to amounts made available under this heading, the limitation in section
9(g)(1) of the Act shall be applied by substituting 25 percent for the
percentage specified in such section: Provided further, That the
Secretary may waive the limitation in the preceding proviso to allow
public housing agencies to fund activities authorized under section
9(e)(1)(C) of the Act: Provided further, That the Secretary shall
notify public housing agencies requesting waivers under the preceding
proviso if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds made
available under this heading, the Secretary shall provide bonus awards
in fiscal year 2021 to public housing agencies that are designated high
performers: Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days of
enactment of this Act: Provided further, That of the total amount
provided under this heading, $125,000,000 shall be for competitive
grants to public housing agencies to evaluate and reduce lead-based
paint hazards and other housing-related hazards including carbon
monoxide (including for activities supporting the installation and
replacement of carbon monoxide alarms or of combination smoke detector-
carbon monoxide alarm devices) and mold in public housing: Provided
further, That of the amounts available under the preceding proviso, not
less than $25,000,000 shall be for competitive grants to public housing
agencies to evaluate and reduce lead-based paint hazards in public
housing by carrying out the activities of risk assessments, abatement,
and interim controls (as those terms are defined in section 1004 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C.
4851b)): Provided further, That of the total amount made available
under this heading, up to $30,000,000 shall be available until
September 30, 2023 for competitive grants to public housing agencies
(in this title ``PHAs''), including agencies participating in the MTW
demonstration, for full lead service line replacement, with eligibility
limited to PHAs where the relevant public water system will undergo or
has recently undertaken a comprehensive water main replacement program:
Provided further, That for purposes of environmental review, a grant
under the preceding three provisos shall be considered funds for
projects or activities under title I of the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of such Act
(42 U.S.C. 1437x) and shall be subject to the regulations implementing
such section: Provided further, That for funds made available under
the preceding four provisos, the Secretary shall allow a PHA to apply
for up to 20 percent of the funds made available under the first two of
such provisos and prioritize need when awarding grants: Provided
further, That $5,000,000 (increased by $3,000,000) of the amounts made
available under this heading shall be for a radon testing and
mitigation resident safety demonstration program (the radon
demonstration) in public housing: Provided further, That the testing
method, mitigation method, or action level used under the radon
demonstration shall be as specified by applicable State or local law,
if such law is more protective of human health or the environment than
the method or level specified by the Secretary: Provided further, That
$25,000,000 of the amounts made available under this heading shall be
for competitive grants to public housing agencies for the installation
of automatic sprinkler systems.
public housing operating fund
For 2021 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,649,000,000,
to remain available until September 30, 2022: Provided, That of the
total amount made available under this heading, $25,000,000 shall be
available to the Secretary to allocate pursuant to a need-based
application process notwithstanding section 203 of this title and not
subject to the Operating Fund formula under part 990 of title 24, Code
of Federal Regulations to public housing agencies that experience
financial insolvency, as determined by the Secretary: Provided
further, That after all such insolvency needs are met, the Secretary
may distribute any remaining funds to all public housing agencies on a
pro-rata basis pursuant to the Operating Fund formula under part 990 of
title 24, Code of Federal Regulations.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $250,000,000, to remain available until September 30, 2023:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be for public
housing notwithstanding section 3(b)(1) of such Act: Provided further,
That grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, Tribal entities, public housing agencies, and
nonprofit organizations: Provided further, That for-profit developers
may apply jointly with a public entity: Provided further, That for
purposes of environmental review, a grantee shall be treated as a
public housing agency under section 26 of the United States Housing Act
of 1937 (42 U.S.C. 1437x), and grants made with amounts available under
this heading shall be subject to the regulations issued by the
Secretary to implement such section: Provided further, That of the
amount provided under this heading, not less than $125,000,000 shall be
awarded to public housing agencies: Provided further, That such
grantees shall create partnerships with other local organizations,
including assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall consult with
the Secretaries of Education, Labor, Transportation, Health and Human
Services, Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to coordinate and
leverage other appropriate Federal resources: Provided further, That
not more than $5,000,000 of funds made available under this heading may
be provided as grants to undertake comprehensive local planning with
input from residents and the community: Provided further, That
unobligated balances, including recaptures, remaining from funds
appropriated under the heading ``Revitalization of Severely Distressed
Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years
may be used for purposes under this heading, notwithstanding the
purposes for which such amounts were appropriated: Provided further,
That the Secretary shall issue the Notice of Funding Availability for
funds made available under this heading not later than 90 days after
enactment of this Act: Provided further, That the Secretary shall make
grant awards not later than 1 year after the date of enactment of this
Act in such amounts that the Secretary determines: Provided further,
That notwithstanding section 24(o) of the United States Housing Act of
1937 (42 U.S.C. 1437v(o)), the Secretary may, until September 30, 2024,
obligate any available unobligated balances made available under this
heading in this or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2024, $155,000,000: Provided,
That the amounts made available under this heading are provided as
follows--
(1) $105,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9 of such
Act with public and private resources, and to enable eligible
families to achieve economic independence and self-sufficiency:
Provided, That the Secretary may, by Federal Register notice,
waive or specify alternative requirements for, the requirements
under subsection (b)(3), (b)(4), (b)(5), or (c)(1) of section
23 of such Act in order to facilitate the operation of a
unified self-sufficiency program for individuals receiving
assistance under different provisions of the Act, as determined
by the Secretary: Provided further, That an owner or sponsor
of a multifamily property receiving project-based rental
assistance under section 8 shall be eligible to receive awards
from the Secretary under this paragraph to support family self-
sufficiency coordinators: Provided further, That owners or
sponsors of a multifamily property receiving project-based
rental assistance under section 8 may voluntarily make a Family
Self-Sufficiency program available to the assisted tenants of
such property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the preceding proviso shall permit participating
tenants to accrue escrow funds in accordance with section
23(d)(2) and shall allow owners to use funding from residual
receipt accounts to hire coordinators for their own Family
Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided, That
funding provided in this paragraph shall be available for
competitive grants to partnerships between public housing
agencies, local workforce investment boards established under
section 107 of the Workforce Innovation and Opportunity Act of
2014 (29 U.S.C. 3122), and other agencies and organizations
that provide support to help public housing residents obtain
employment and increase earnings: Provided further, That
applicants shall demonstrate the ability to provide services to
residents, partner with workforce investment boards, and
leverage service dollars: Provided further, That the Secretary
may allow public housing agencies to request exemptions from
rent and income limitation requirements under sections 3 and 6
of the United States Housing Act of 1937 (42 U.S.C. 1437a,
1437d), as necessary to implement the Jobs-Plus program, on
such terms and conditions as the Secretary may approve upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective implementation of
the Jobs-Plus initiative as a voluntary program for residents:
Provided further, That the Secretary shall publish by notice in
the Federal Register any waivers or alternative requirements
pursuant to the preceding proviso not later than 10 days before
the effective date of such notice: Provided further, That
amounts made available for the Jobs-Plus initiative in prior
acts under the heading ``Public Housing Capital Fund'' that
remain available or are subsequently recaptured shall be
transferred to this account and shall be available for the
purposes of this paragraph.
native american programs
(including transfer of funds)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(``NAHASDA'') (25 U.S.C. 4111 et seq.), title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) with respect
to Indian Tribes, and related training and technical assistance,
$835,000,000 (increased by $5,000,000), to remain available until
September 30, 2025, unless otherwise specified: Provided, That the
amounts made available under this heading are provided as follows--
(1) $646,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA:
Provided, That, notwithstanding NAHASDA, to determine the
amount of the allocation under title I of such Act for each
Indian Tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on
single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for
each Indian Tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Secretary shall
notify grantees of their formula allocation not later 60 days
after the date of enactment of this Act;
(2) $2,000,000 shall be for the cost of guaranteed notes
and other obligations, as authorized by title VI of NAHASDA:
Provided, That such costs, including the costs of modifying
such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a): Provided further, That for fiscal year 2021, the
Secretary may subsidize the total principal amount of any notes
and other obligations, any part of which is to be guaranteed,
not to exceed $61,298,904: Provided further, That any
unobligated balances, including recaptures and carryover,
remaining from amounts appropriated for this purpose under this
heading or under the heading ``Native American Housing Block
Grants'' in prior Acts may be used for costs of such guaranteed
notes and other obligations, subject to the limitation under
the preceding proviso on the total principal amount of such
notes and obligations that may be guaranteed;
(3) $110,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary shall
obligate this additional amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding this additional
amount, the Secretary shall consider need and administrative
capacity and shall give priority to projects that will spur
construction and rehabilitation: Provided further, That a
grant funded pursuant to this paragraph shall be in an amount
not less than $500,000 and not greater than $10,000,000:
Provided further, That up to 1 percent of the amounts made
available in this paragraph may be transferred, in aggregate,
to ``Program Offices--Public and Indian Housing'' for necessary
costs of administering and overseeing the obligation and
expenditure of this additional amount and of additional amounts
made available in prior fiscal years, to remain available until
September 30, 2026: Provided further, That any amounts
transferred pursuant to the preceding proviso in prior Acts may
also be used for the purposes described in the preceding
proviso;
(4) $70,000,000 (increased by $5,000,000) shall be for
grants to Indian Tribes for carrying out the Indian Community
Development Block Grant program under title I of the Housing
and Community Development Act of 1974, notwithstanding section
106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 203 of this Act), up to
$4,000,000 may be used for emergencies that constitute imminent
threats to health and safety: Provided, That not to exceed 20
percent of any grant made with amounts made available in this
paragraph shall be expended for planning and management
development and administration: Provided further, That amounts
made available in this paragraph shall remain available until
September 30, 2023; and
(5) $7,000,000 shall be for providing training and
technical assistance to Indian Tribes, Indian housing
authorities, and tribally designated housing entities to
support the inspection of Indian housing units, for contract
expertise, and for training and technical assistance related to
amounts made available under this heading and other headings in
this Act for the needs of Native American families and Indian
country: Provided, That of the amounts made available in this
paragraph, not less than $2,000,000 shall be for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That amounts made available in
this paragraph may be used, contracted, or competed as
determined by the Secretary: Provided further, That
notwithstanding chapter 63 of title 31, United States Code
(commonly known as the Federal Grant and Cooperative Agreements
Act of 1977), the amounts made available in this paragraph may
be used by the Secretary to enter into cooperative agreements
with public and private organizations, agencies, institutions,
and other technical assistance providers to support the
administration of negotiated rulemaking under section 106 of
NAHASDA (25 U.S.C. 4116), the administration of the allocation
formula under section 302 of NAHASDA (25 U.S.C. 4152), and the
administration of performance tracking and reporting under
section 407 of NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $1,100,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That an additional $500,000, to remain
available until expended, shall be for administrative contract
expenses, including management processes to carry out the loan
guarantee program: Provided further, That for fiscal year 2021, the
Secretary may subsidize total loan principal, any part of which is to
be guaranteed, up to $1,000,000,000: Provided further, That any
unobligated balances, including recaptures and carryover, remaining
from amounts made available under this heading in prior Acts may be
used for costs of such guaranteed loans, subject to the total loan
principal guarantee limitation under the preceding proviso.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221 et seq.), $4,000,000, to
remain available until September 30, 2025: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts made available under this
heading in investment securities and other obligations: Provided
further, That amounts made available under this heading in this and
prior fiscal years may be used to provide rental assistance to eligible
Native Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $430,000,000, to remain available until September 30,
2022, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2023: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(5)
of such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For carrying out the community development block grant program
under title I of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301 et seq.) (in this heading ``the Act''),
$3,525,000,000, to remain available until September 30, 2023, unless
otherwise specified: Provided, That unless explicitly provided for
under this heading, not to exceed 20 percent of any grant made with
funds made available under this heading shall be expended for planning
and management development and administration: Provided further, That
a metropolitan city, urban county, unit of general local government, or
insular area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any portion
of such funds to another such entity in exchange for any other funds,
credits, or non-Federal considerations, but shall use such funds for
activities eligible under title I of the Act: Provided further, That
notwithstanding section 105(e)(1) of the Act, no funds made available
under this heading may be provided to a for-profit entity for an
economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines
required under subsection (e)(2) of section 105: Provided further,
That of the total amount provided under this heading, $25,000,000 shall
be for activities authorized under section 8071 of the SUPPORT for
Patients and Communities Act (Public Law 115-271): Provided further,
That the funds allocated pursuant to the preceding proviso shall not
adversely affect the amount of any formula assistance received by a
State under this heading: Provided further, That the Secretary shall
allocate the funds for such activities based on the percentages shown
in Table 1 of the Notice establishing the funding formula published in
Volume 84 of the Federal Register, on page 16027 (April 17, 2019):
Provided further, That the Department of Housing and Urban Development
shall notify grantees of their formula allocation within 60 days of
enactment of this Act: Provided further, That the Office of the Chief
Financial Officer of the Department of Housing and Urban Development
and the Office of Management and Budget shall submit reports and
accompanying briefings no less frequently than monthly, on the status
of funds appropriated under this heading in Public Law 115-123, to
include the information specified in the report accompanying this Act:
Provided further, That, notwithstanding any other provision of law,
amounts made available under this heading in Public Law 115-123 shall
hereafter be exempt from apportionment under chapter 15 of title 31,
United States Code: Provided further, That amounts repurposed pursuant
to the preceding proviso that were previously designated by the
Congress as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a), during fiscal year 2021, commitments to guarantee loans
under section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
total principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the preceding proviso shall distribute all funds subject to such
guarantee to the units of general local government in nonentitlement
areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended (42 U.S.C. 12721 et seq.), $1,700,000,000, to remain available
until September 30, 2024: Provided, That notwithstanding the amount
made available under this heading, the threshold reduction requirements
in sections 216(10) and 217(b)(4) of such Act shall not apply to
allocations of such amount: Provided further, That the Department
shall notify grantees of their formula allocations within 60 days after
enactment of this Act: Provided further, That section 218(g) of such
Act (42 U.S.C. 12748(g)) shall not apply with respect to the right of a
jurisdiction to draw funds from its HOME Investment Trust Fund that
otherwise expired or would expire in 2016, 2017, 2018, 2019, 2020,
2021, 2022, or 2023 under that section: Provided further, That section
231(b) of such Act (42 U.S.C. 12771(b)) shall not apply to any
uninvested funds that otherwise were deducted or would be deducted from
the line of credit in the participating jurisdiction's HOME Investment
Trust Fund in 2018, 2019, 2020, 2021, 2022, or 2023 under that section.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996 (42 U.S.C. 12805 note), $60,000,000, to remain
available until September 30, 2023: Provided, That of the total amount
made available under this heading, $10,000,000 shall be for the Self-
Help Homeownership Opportunity Program as authorized under such section
11: Provided further, That of the total amount made available under
this heading, $45,000,000 shall be for the second, third, and fourth
capacity building entities specified in section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be for rural capacity building activities: Provided
further, That of the total amount made available under this heading,
$5,000,000 shall be for capacity building by national rural housing
organizations having experience assessing national rural conditions and
providing financing, training, technical assistance, information, and
research to local nonprofit organizations, local governments, and
Indian Tribes serving high need rural communities.
homeless assistance grants
For assistance under title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11360 et seq.), $3,415,000,000, to remain
available until September 30, 2023: Provided, That of the amounts made
available under this heading--
(1) not less than $290,000,000 shall be for the Emergency
Solutions Grants program authorized under subtitle B of such
title IV (42 U.S.C. 11371 et seq.): Provided further, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
not later than 60 days after enactment of this Act;
(2) not less than $2,586,000,000 shall be for the Continuum
of Care program authorized under subtitle C of such title IV
(42 U.S.C. 11381 et seq.) and the Rural Housing Stability
Assistance programs authorized under subtitle D of such title
IV (42 U.S.C. 11408): Provided further, That the Secretary
shall prioritize funding under the Continuum of Care program to
continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That the Secretary
shall provide incentives to create projects that coordinate
with housing providers and healthcare organizations to provide
permanent supportive housing and rapid re-housing services:
Provided further, That amounts made available for the Continuum
of Care program under this heading in this and prior Acts may
be used to competitively or non-competitively renew or replace
grants for youth homeless demonstration projects under the
Continuum of Care program, notwithstanding any conflict with
the requirements of the Continuum of Care program;
(3) up to $75,000,000 shall be for grants for rapid re-
housing projects and supportive service projects providing
coordinated entry, and for eligible activities the Secretary
determines to be critical in order to assist survivors of
domestic violence, dating violence, sexual assault, or
stalking, except that the Secretary may make additional grants
for such projects and purposes from amounts made available for
such Continuum of Care program: Provided further, That such
projects shall be eligible for renewal under the Continuum of
Care program subject to the same terms and conditions as other
renewal applicants;
(4) up to $7,000,000 shall be for the national homeless
data analysis project;
(5) up to $82,000,000 shall be for grants for projects
awarded to communities for the purpose of providing housing and
services to unaccompanied youth who are homeless, as defined in
section 103(a)(6) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11302(a)(6)) or any other Federal statute, except
that the Secretary may make additional grants for such projects
and purposes from amounts made available for such Continuum of
Care program;
(6) up to $70,000,000 shall be for Youth Homelessness
Systems Planning Grants to support Continuum of Care
communities in modernizing youth homelessness responses through
systems change and capacity building:
(7) up to $10,000,000 shall be for providing technical
assistance on improving system responses to youth homelessness
and collection, analysis, use, and reporting of data and
performance measures under the comprehensive approaches to
serve homeless youth, in addition to and in coordination with
other technical assistance funds provided under this title;
(8) $250,000,000 shall be for projects to reduce
unsheltered homelessness: Provided further, That in making
awards with the amounts provided in this paragraph, the
Secretary shall give priority to projects located in areas with
high numbers or rates of unsheltered homeless or high rates of
increase in the number of unsheltered homeless: Provided
further, That the Secretary shall provide incentives to
establish projects that coordinate with housing providers,
healthcare organizations and social service providers to reduce
unsheltered homelessness: Provided further, That none of the
funds provided in this paragraph may be used to require people
experiencing homelessness to receive treatment or perform any
other prerequisite activities as a condition for receiving
shelter, housing or other services;
(9) $25,000,000 shall be for competitive grants to
nonprofit or governmental entities to provide legal assistance
(including assistance related to pretrial activities, trial
activities, post-trial activities and alternative dispute
resolution) at no cost to eligible low-income tenants at risk
of or subject to eviction: Provided further, That in awarding
grants under the preceding proviso, the Secretary shall give
preference to applicants that will use funds to provide
services for residents of census tracts with high rates of
eviction, have experience providing no-cost legal assistance to
low-income individuals, including those with limited English
proficiency or disabilities, and have sufficient capacity to
administer such assistance: Provided further, That the
Secretary shall ensure, to the extent practicable, that the
proportion of eligible tenants living in rural areas who will
receive legal assistance with grants funds made available under
this section is not less than the overall proportion of
eligible tenants who live in rural areas; and
(10) $20,000,000 shall be for providing technical
assistance as authorized under section 405 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11361b):
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under subsection (a) or
(b) of section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided further,
That for all matching funds requirements applicable to funds made
available under this heading for this fiscal year and prior fiscal
years, a grantee may use (or could have used) as a source of match
funds other funds administered by the Secretary and other Federal
agencies unless there is (or was) a specific statutory prohibition on
any such use of any such funds: Provided further, That none of the
funds made available under this heading shall be available to provide
funding for new projects, except for projects created through
reallocation, unless the Secretary determines that the Continuum of
Care has demonstrated that projects are evaluated and ranked based on
the degree to which they improve the Continuum of Care's system
performance: Provided further, That any unobligated amounts remaining
from funds made available under this heading in fiscal year 2012 and
prior years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes under this
heading, notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for Shelter Plus
Care renewals previously funded from the Shelter Plus Care Renewal
account and transferred to this account shall be available, if
recaptured, for Continuum of Care renewals in fiscal year 2021:
Provided further, That when awarding funds under the Continuum of Care
program, the Secretary shall not deviate from the Fiscal Year 2018
Notice of Funding Availability with respect to the tier 2 funding
process, the Continuum of Care application scoring, and, for new
projects, the project quality threshold requirements, except as
otherwise provided under this Act or as necessary to award all
available funds or consider the most recent data from each Continuum of
Care: Provided further, That unobligated balances, including recaptures
and carryover, remaining from funds transferred to or appropriated
under this heading shall be available for the current purposes
authorized under this heading in addition to the purposes for which
such funds originally were appropriated.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (in this heading ``the Act''), not otherwise
provided for, $13,051,000,000, to remain available until expended,
which shall be available on October 1, 2020 (in addition to the
$400,000,000 previously appropriated under this heading that became
available October 1, 2020), and $400,000,000, to remain available until
expended, which shall be available on October 1, 2021: Provided, That
the amounts made available under this heading shall be for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this heading: Provided further, That of the total amounts
made available under this heading, not to exceed $350,000,000 shall be
for performance-based contract administrators or contractors for
section 8 project-based assistance, as such term is defined in
subsection (f) of such section: Provided further, That the Secretary
may also use such amounts provided in the preceding proviso for
performance-based contract administrators or contractors for the
administration of: (1) interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); (2) rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); (3) rental assistance
payments under section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1(f)(2)); (4) project rental assistance contracts for housing for
the elderly under section 202(c)(2) of the Housing Act of 1959 (12
U.S.C. 1701(c)(2)); (5) project rental assistance contracts for
supportive housing for persons with disabilities under section
811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(2)); (6) project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (12 U.S.C. 1701q(h)); and (7)
loans under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q):
Provided further, That amounts recaptured under this heading, the
heading ``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or amendments
to section 8 project-based assistance contracts or for performance-
based contract administrators or contractors, notwithstanding the
purposes for which such amounts were appropriated: Provided further,
That, notwithstanding any other provision of law, upon the request of
the Secretary, project funds that are held in residual receipts
accounts for any project subject to a section 8 project-based Housing
Assistance Payments contract that authorizes the Department or a
housing finance agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account and that are
in excess of an amount to be determined by the Secretary, shall be
recaptured for use under this heading and shall be available until
expended.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year term, for
senior preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
services associated with the housing, $893,000,000 to remain available
until September 30, 2024: Provided, That of the amount made available
under this heading, up to $110,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided further, That
amounts made available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project funds
that are held in residual receipts accounts for any project subject to
a section 202 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be recaptured for use for the
purposes authorized under this heading and shall remain available until
September 30, 2024: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds transferred to
or made available under this heading shall be available for the
purposes authorized under this heading in addition to the purposes for
which such funds originally were appropriated: Provided further, That
of the total amount made available under this heading, up to
$14,000,000 shall be used by the Secretary to continue demonstration
programs to test housing with services models for the elderly that
demonstrate the potential to delay or avoid the need for nursing home
care: Provided further, That of the total amount made available under
this heading, up to $10,000,000 shall be used to expand the supply of
intergenerational dwelling units (as such term is defined in section
202 of the Legacy Act of 2003 (12 U.S.C. 1701q note)) for elderly
caregivers raising children.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
subsection (h) of section 202 of the Housing Act of 1959, as added by
section 205(a) of the Housing and Community Development Amendments of
1978 (Public Law 95-557: 92 Stat. 2090), including amendments to
contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for project rental assistance
to State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Affordable Housing Act, and for supportive services associated with the
housing for persons with disabilities as authorized by section
811(b)(1) of such Act, $227,000,000, to remain available until
September 30, 2024: Provided, That amounts made available under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further, That, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract, and that upon termination of such contract are in excess of
an amount to be determined by the Secretary, shall be recaptured for
use for the purposes authorized under this heading and shall remain
available until September 30, 2024: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used for the
purposes authorized under this heading in addition to the purposes for
which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance, excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701x), $75,000,000 (reduced by $1,000,000)
(increased by $1,000,000), to remain available until September 30,
2022, of which up to $4,500,000 shall be for administrative contract
services: Provided, That grants using amounts made available under
this heading shall be awarded within 180 days of enactment of this Act:
Provided further, That funds shall be used for providing counseling
and advice to tenants and homeowners, current and prospective, with
respect to property maintenance, financial management and literacy,
foreclosure and eviction mitigation, and such other matters as may be
appropriate to assist them in improving their housing conditions,
meeting their financial needs, and fulfilling the responsibilities of
tenancy or homeownership; for program administration; and for housing
counselor training: Provided further, That amounts made available
under this heading may be used to purchase equipment and technology to
deliver services through use of the Internet or other electronic or
virtual means in response to the public health emergency related to the
Coronavirus Disease 2019 (COVID-19) pandemic: Provided further, That
for purposes of providing such grants from amounts made available under
this heading, the Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual appropriations.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $13,000,000, to remain available until expended, of
which $13,000,000 shall be derived from the Manufactured Housing Fees
Trust Fund (established under section 620(e) of such Act (42 U.S.C.
5419(e)): Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2021 so as to result
in a final fiscal year 2021 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2021
appropriation: Provided further, That the Secretary shall issue a
final rule to complete rulemaking initiated by the proposed rule
entitled ``Manufactured Housing Program: Minimum Payments to the
States'' published in the Federal Register on December 16, 2016 (81
Fed. Reg. 91083): Provided further, That for the dispute resolution
and installation programs, the Secretary may assess and collect fees
from any program participant: Provided further, That such collections
shall be deposited into the Trust Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected under
section 620 of such Act, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers that are
paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund (established under section 202(a) of the
National Housing Act (12 U.S.C. 1708(a)) shall not exceed
$400,000,000,000 in aggregate loan principal, to remain available until
September 30, 2022: Provided, That during fiscal year 2021,
obligations to make direct loans to carry out the purposes of section
204(g) of the National Housing Act (12 U.S.C. 1710(g)) shall not exceed
$1,000,000: Provided further, That the amount in the preceding proviso
shall be for loans to nonprofit and governmental entities in connection
with sales of single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the Federal
Housing Administration, $130,000,000 (increased by $1,000,000), to
remain available until September 30, 2022: Provided further, That to
the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2021, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2021 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of such Act only to the extent that the net credit
subsidy cost for such insurance does not exceed zero: Provided
further, That for fiscal year 2021, the Secretary shall not take any
action against a lender solely on the basis of compare ratios that have
been adversely affected by defaults on mortgages secured by properties
in areas where a major disaster was declared in 2017 or 2018 pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in aggregate loan principal, any part of which
is to be guaranteed, to remain available until September 30, 2022:
Provided, That during fiscal year 2021, gross obligations for the
principal amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall not exceed
$1,000,000, which shall be for loans to nonprofit and governmental
entities in connection with the sale of single family real properties
owned by the Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306(g) of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $1,500,000,000,000 in aggregate principal,
to remain available until September 30, 2022: Provided, That
$55,500,000, to remain available until September 30, 2022, shall be for
necessary salaries and expenses of the Office of Government National
Mortgage Association: Provided further, That to the extent that
guaranteed loan commitments exceed $155,000,000,000 on or before April
1, 2021, an additional $100 for necessary salaries and expenses shall
be available until expended for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III of the
National Housing Act (12 U.S.C. 1716 et seq.) shall be credited as
offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $118,000,000, to remain available
until September 30, 2022: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this
title, the Secretary may enter into cooperative agreements with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, Indian Tribes, tribally designated
housing entities, or colleges or universities for research projects:
Provided further, That with respect to the preceding proviso, such
partners to the cooperative agreements shall contribute at least a 50
percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
preceding two provisos, the Secretary shall comply with section 2(b) of
the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with respect to documentation of
award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan to the
House and Senate Committees on Appropriations on how the Secretary will
allocate funding for this activity at least 30 days prior to
obligation: Provided further, That none of the funds provided under
this heading may be available for the doctoral dissertation research
grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), and section 561 of the Housing and Community
Development Act of 1987 (42 U.S.C. 3616a), $80,300,000, to remain
available until September 30, 2022: Provided, That grants from amounts
made available under this heading shall be awarded not later than 180
days after enactment of this Act: Provided further, That
notwithstanding section 3302 of title 31, United States Code, the
Secretary may assess and collect fees to cover the costs of the Fair
Housing Training Academy, and may use such funds to develop on-line
courses and provide such training: Provided further, That none of the
funds made available under this heading may be used to lobby the
executive or legislative branches of the Federal Government in
connection with a specific contract, grant, or loan: Provided further,
That of the funds made available under this heading, $350,000 shall be
available to the Secretary for the creation and promotion of translated
materials and other programs that support the assistance of persons
with limited English proficiency in utilizing the services provided by
the Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
(including transfer of funds)
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992
(42 U.S.C. 4852), $340,000,000, to remain available until September 30,
2023, of which $70,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban Development
Act of 1970 (42 U.S.C. 1701z-1, 1701z-2), which shall include research,
studies, testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housing
related diseases and hazards: Provided, That for purposes of
environmental review, pursuant to the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and other provisions of law that
further the purposes of such Act, a grant under the Healthy Homes
Initiative, or the Lead Technical Studies program under this heading or
under prior appropriations Acts for such purposes under this heading,
shall be considered to be funds for a special project for purposes of
section 305(c) of the Multifamily Housing Property Disposition Reform
Act of 1994 (42 U.S.C. 3547(c)): Provided further, That not less than
$95,000,000 of the amounts made available under this heading for the
award of grants pursuant to section 1011 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 shall be provided to areas with the
highest lead-based paint abatement needs: Provided further, That of
the amounts made available for the Healthy Homes Initiative, $5,000,000
shall be for the implementation of projects in up to five communities
that are served by both the Healthy Homes Initiative and the Department
of Energy Weatherization Assistance Program to demonstrate whether the
coordination of Healthy Homes remediation activities with
weatherization activities achieves cost savings and better outcomes in
improving the safety and quality of homes: Provided further, That
$30,000,000 of the amounts made available under this heading shall be
for a lead risk assessment demonstration for public housing agencies to
conduct lead hazard screenings or lead risk assessments during housing
quality standards inspections of units in which a family receiving
assistance under section 8(o) of the U.S. Housing Act of 1937 (42
U.S.C. 1437f(o)) resides or expects to reside, and has or expects to
have a child under age 6 residing in the unit, while preserving rental
housing availability and affordability: Provided further, That each
applicant shall certify adequate capacity that is acceptable to the
Secretary to carry out the proposed use of funds pursuant to a notice
of funding availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts, still
remaining available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed: Provided
further, That up to $2,000,000 of the amounts made available under this
heading may be transferred to the heading ``Policy Development and
Research'' for the purposes of conducting research and studies and for
use in accordance with the provisos under that heading for non-
competitive agreements.
Cybersecurity and Information Technology Fund
(including transfer of funds)
For the mitigation against the exploitation of information
technology systems and personal identifiable information and for the
development, modernization, and enhancement of, modifications to, and
infrastructure for Department-wide and program-specific information
technology systems, for the continuing operation and maintenance of
both Department-wide and program-specific information systems, and for
program-related maintenance activities, $293,000,000, of which
$269,800,000 shall remain available until September 30, 2022,
$20,000,000 shall remain available until September 30, 2023, and
$3,200,000 shall remain available until September 30, 2024: Provided,
That any amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information technology
purposes for which such amounts were appropriated: Provided further,
That not more than 10 percent of the funds made available under this
heading for development, modernization and enhancement may be obligated
until the Secretary submits a performance plan to the House and Senate
Committees on Appropriations for approval.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$145,514,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the funds made available by this Act may be used
during fiscal year 2021 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to chapter 91 of title 31, United States Code, commonly known
as the Government Corporation Control Act, shall be available, without
regard to the limitations on administrative expenses, for legal
services on a contract or fee basis, and for utilizing and making
payment for services and facilities of the Federal National Mortgage
Association, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve
banks or any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance Act (12 U.S.C.
1811 et seq.).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development that are subject to chapter 91 of title 31,
United States Code, commonly known as the Government Corporation
Control Act, are hereby authorized to make such expenditures, within
the limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31 as may be necessary in carrying
out the programs set forth in the budget for 2021 for such corporation
or agency except as hereinafter provided: Provided, That collections
of these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of such corporations, or to loans or mortgage purchases that
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all
uncommitted, unobligated, recaptured and excess funds in each program
and activity within the jurisdiction of the Department and shall submit
additional, updated budget information to these Committees upon
request.
Sec. 208. None of the funds made available by this title may be
used for an audit of the Government National Mortgage Association that
makes applicable requirements under the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.).
Sec. 209. (a) Notwithstanding any other provision of law, subject
to the conditions under this section, for fiscal years 2021 and 2022,
the Secretary may authorize the transfer of some or all project-based
assistance, debt held or insured by the Secretary and statutorily
required low-income and very low-income use restrictions if any,
associated with one or more multifamily housing project or projects to
another multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project,
the number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and
the net dollar amount of Federal assistance provided to
the transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project, the Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom
sizes to meet current market demands, as determined by
the Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that the transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project, in either case, any use restrictions
in such agreement are of no lesser duration than the existing
use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q);
(D) housing that is assisted under section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), as such
section existed before the enactment of the Cranston-
Gonzales National Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act
(42 U.S.C. 8013); or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(b));
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s);
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
(f)(2));
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(c)(2)); and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013(d)(2));
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 210. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or from an institution of higher
education (as defined under section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002)), shall be considered income to that individual,
except for a person over the age of 23 with dependent children.
Sec. 211. The funds made available for Native Alaskans under
paragraph (1) under the heading ``Native American Programs'' in title
II of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005, and
only such recipients shall be eligible to apply for funds made
available under paragraph (3) of such heading.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2021, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
programs, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the tenants
and the local government that such a multifamily property owned or
having a mortgage held by the Secretary is not feasible for continued
rental assistance payments under such section 8 or other programs,
based on consideration of (1) the costs of rehabilitating and operating
the property and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997 (``MAHRAA'') (42
U.S.C. 1437f note), and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described in this section, the
contract and allowable rent levels on such properties shall be subject
to the requirements under section 524 of MAHRAA.
Sec. 213. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary in connection with the
operating fund rule: Provided, That an agency seeking a discontinuance
of a reduction of subsidy under the operating fund formula shall not be
exempt from asset management requirements.
Sec. 214. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement, and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to paragraph (1) or (2) of
section 9(g) of the United States Housing Act of 1937 (42 U.S.C.
1437g(g)(1), (2)): Provided, That a public housing agency may not use
capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under paragraph (1)
or (2) of section 9(g).
Sec. 215. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'', ``Administrative Support Offices'', ``Program
Offices'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 216. The Secretary shall, for fiscal year 2021, notify the
public through the Federal Register and other means, as determined
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding availability (NOFA) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for
fiscal year 2021, the Secretary may make the NOFA available only on the
Internet at the appropriate Government website or through other
electronic media, as determined by the Secretary.
Sec. 217. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as
a separate line item request.
Sec. 218. (a)(1) Except as provided in paragraph (2), the Secretary
may transfer up to 10 percent or $5,000,000, whichever is less, of
funds appropriated for any office under the headings ``Administrative
Support Offices'' or ``Program Offices'' to any other such office under
such heading: Provided, That no appropriation for any such office or
account shall be increased or decreased by more than 10 percent or
$5,000,000, whichever is less, without prior written approval of the
House and Senate Committees on Appropriations: Provided further, That
the Secretary shall provide notification to such Committees not less
than 3 business days in advance of any such transfers under this
section up to 10 percent or $5,000,000, whichever is less.
(2) The authority under paragraph (1) to transfer funds shall not
apply to the Office of Fair Housing and Equal Opportunity, the Office
of Lead Hazard Control and Healthy Homes, or the Office of Departmental
Equal Employment Opportunity.
(b) The Secretary is authorized to transfer up to 10 percent of
funds appropriated for any office under the headings ``Administrative
Support Offices'' or ``Program Offices'' to the Office of Fair Housing
and Equal Opportunity, the Office of Lead Hazard Control and Healthy
Homes, or the Office of Departmental Equal Employment Opportunity:
Provided, That no amounts may be transferred pursuant to this
subparagraph unless the Secretary shall provide notification to such
Committees not less 3 business days in advance of any such transfers
under this subsection.
Sec. 219. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary, and comply with any standards under applicable State or
local laws, rules, ordinances, or regulations relating to the physical
condition of any property covered under a housing assistance payment
contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a contract under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but shall not apply to such
units assisted under section 8(o)(13) of such Act (42 U.S.C.
1437f(o)(13)) or to public housing units assisted with capital or
operating funds under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the Real Estate Assessment
Center (``REAC'') inspection, the Secretary shall provide the owner
with a Notice of Default with a specified timetable, determined by the
Secretary, for correcting all deficiencies. The Secretary shall provide
a copy of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner's appeal
results in a UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, who will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract if such renewal is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) identification of the enforcement actions being taken
to address such conditions, including imposition of civil money
penalties and termination of subsidies, and identification of
properties that have such conditions multiple times;
(2) identification of actions that the Department of
Housing and Urban Development is taking to protect tenants of
such identified properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be submitted to the Senate and House Committees on
Appropriations not later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 220. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2021.
Sec. 221. None of the funds made available by this Act and
provided to the Department of Housing and Urban Development may be used
to make a grant award unless the Secretary notifies the House and
Senate Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, Tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced by the Department or its offices.
Sec. 222. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 223. None of the funds made available by this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 224. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 225. Amounts made available by this Act that are
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research of the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and that are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 226. Funds made available by this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76 (42 U.S.C. 12301 note), section
524 of division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, section 525 of division H of Public Law 115-31,
section 525 of division H of Public Law 115-141, section 524 of
division B of Public Law 115-245, and such authorities as are enacted
for Performance Partnership Pilots in an appropriations Act for fiscal
year 2021: Provided, That such participation shall be limited to not
more than 10 continuums of care and housing activities to improve
outcomes for disconnected youth.
Sec. 227. In this fiscal year and in each fiscal year thereafter,
with respect to grant amounts awarded for the Continuum of Care (CoC)
program authorized under subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) with amounts made
available under the heading ``Homeless Assistance Grants'', costs paid
by program income of grant recipients may be counted toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipient's CoC program.
Sec. 228. (a) In this fiscal year and in each fiscal year
thereafter, from amounts made available by this title under the heading
``Homeless Assistance Grants'', the Secretary may award 1-year
transition grants to recipients of funds for activities under subtitle
C of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et
seq.) to transition from one Continuum of Care program component to
another.
(b) To be eligible to receive a transition grant under subsection
(a), the funding recipient shall have the consent of the Continuum of
Care and meet such standards as the Secretary may establish.
Sec. 229. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 230. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 231. None of the funds made available by this Act may be used
to establish and apply review criteria, including rating factors or
preference points, for participation in or coordination with EnVision
Centers, in the evaluation, selection, and award of any funds made
available and requiring competitive selection under this Act, except
with respect to any such funds otherwise authorized for EnVision Center
purposes under this Act.
Sec. 232. None of the funds made available by this or any prior
Act may be used to require or enforce any changes to the terms and
conditions of the public housing annual contributions contract between
the Secretary and any public housing agency, as such contract was in
effect as of December 31, 2017, unless such changes are mutually agreed
upon by the Secretary and such agency: Provided, That such agreement
by an agency may be indicated only by a written amendment to the terms
and conditions containing the duly authorized signature of its chief
executive: Provided further, That the Secretary may not withhold funds
to compel such agreement by an agency which certifies to its compliance
with its contract.
Sec. 233. Any public housing agency designated as a Moving to Work
agency pursuant to section 239 of division L of Public Law 114-113 (42
U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use
funds (except for special purpose funding, including special purpose
vouchers) previously allocated to any such public housing agency under
section 8 or 9 of the United States Housing Act of 1937, including any
reserve funds held by the public housing agency or funds held by the
Department of Housing and Urban Development, pursuant to the authority
for use of section 8 or 9 funding provided under such section and
section 204 of title II of the Departments of Veterans Affairs and
Housing and Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), notwithstanding the
purposes for which such funds were appropriated.
Sec. 234. None of the amounts made available by this Act, by
Public Law 116-94, or by Public Law 116-6 may be used to prohibit any
public housing agency under receivership or the direction of a Federal
monitor from applying for, receiving, or using funds made available
under the heading ``Public Housing Capital Fund'' for competitive
grants to evaluate and reduce lead-based paint hazards in this Act or
that remain available and not awarded from prior Acts, or be used to
prohibit a public housing agency from using such funds to carry out any
required work pursuant to a settlement agreement, consent decree,
voluntary agreement, or similar document for a violation of the Lead
Safe Housing or Lead Disclosure Rules.
Sec. 235. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective the
proposed rule entitled ``Making Admission or Placement Determinations
Based on Sex in Facilities Under Community Planning and Development
Housing Programs'', transmitted to Congress for review by the
Department of Housing and Urban Development on June 12, 2020 (Docket
No. FR-6152-P-01), or any final rule based substantially on such
proposed rule.
Sec. 236. Notwithstanding any other provision of law, the notice
issued by the Department of Housing and Urban Development on February
20, 2015, and entitled ``Appropriate Placement for Transgender Persons
in Single-Sex Emergency Shelters and Other Facilities'' (Notice CPD-15-
02) shall have the force and effect of law.
Sec. 237. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective the
proposed rule entitled ``Housing and Community Development Act of 1980:
Verification of Eligible Status'', issued by the Department of Housing
and Urban Development on May 10, 2019 (Docket No. FR-6124-P-01), or any
final rule based substantially on such proposed rule.
Sec. 238. There are hereby rescinded, from funds appropriated
under the heading ``Department of Housing and Urban Development--
Housing Programs--Rental Housing Assistance''--
(a) all unobligated balances from recaptured amounts appropriated
prior to fiscal year 2006 from terminated contracts under section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1(f)(2)), and
any unobligated balances, including recaptures and carryover, remaining
from funds appropriated under such heading after fiscal year 2005; and
(b) any funds remaining from amounts appropriated under such
heading in the prior fiscal year.
Sec. 239. (a) Amounts made available under the heading ``Department
of Housing and Urban Development--Community Planning and Development--
Community Development Fund'' in chapter 9 of title X of the Disaster
Relief Appropriations Act, 2013 (Public Law 113-2, division A; 127
Stat. 36) shall remain available through September 30, 2025 for the
liquidation of valid obligations of such funding.
(b) Notwithstanding any other provision of law, in the case of any
grantee of funds referred to in subsection (a) of this section that
provides assistance that duplicates benefits available to a person for
the same purpose from another source, the grantee itself shall--
(1) be subject to remedies for noncompliance; or
(2) bear responsibility for absorbing such cost of
duplicative benefits and returning an amount equal to any
duplicative benefits paid to the grantee's funds available for
use under such heading, unless the Secretary, upon the request
of a grantee issues a public determination by publication in
the Federal Register that it is not in the best interest of the
Federal Government to pursue such remedies.
(c) Notwithstanding any other provision of law, any grantee of
funds referred to in subsection (a) of this section may request a
waiver from the Secretary of Housing and Urban Development of any
recoupment by the Secretary of such funds for amounts owed by persons
who have received such assistance from such funds and who have been
defrauded, or after receiving assistance, have filed for bankruptcy,
gone through a foreclosure procedure on property that received such
assistance, or are deceased. If the grantee self-certifies to the
Secretary in such request that it has verified that the individual
conditions of each person it is requesting a waiver for meets one of
the conditions specified in the preceding sentence, the Secretary may
grant such waivers on the basis of grantee self-certification, issue a
public determination by publication in the Federal Register that it is
not in the best interest of the Federal Government to pursue such
recoupment, and may conduct oversight to verify grantee self-
certification and subject the grantee to remedies for noncompliance for
any amounts that have not met such requirements.
(d) Amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2021''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
$9,200,000: Provided, That, notwithstanding any other provision of
law, there may be credited to this appropriation funds received for
publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936 (46
U.S.C. 307), including services as authorized by section 3109 of title
5, United States Code; hire of passenger motor vehicles as authorized
by section 1343(b) of title 31, United States Code; and uniforms or
allowances therefore, as authorized by sections 5901 and 5902 of title
5, United States Code, $29,800,000: Provided, That not to exceed
$5,000 shall be for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App. 3), $26,248,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in such Act, to
investigate allegations of fraud, including false statements to the
Government under section 1001 of title 18, United States Code, by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
National Railroad Passenger Corporation: Provided further, That
concurrent with the President's budget request for fiscal year 2022,
the Inspector General shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2022 in similar
format and substance to budget requests submitted by executive agencies
of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$118,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $208,500,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That of the total amount made available under this heading,
$25,000,000 shall be for competitive grants to: redevelop abandoned or
distressed properties; provide homeownership and financing assistance
to households with income of not more than 120 percent of the area
median income; purchase properties that are abandoned or distressed to
sell, rent, or redevelop; establish or operate land banks to acquire,
redevelop, or sell properties that are abandoned or distressed;
demolish abandoned or distressed structures, as part of a redevelopment
effort to increase affordable rental and owner-occupied housing; or
engage in community development activities in areas with high rates of
abandoned or distressed properties.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5, United States
Code, $37,500,000: Provided, That, notwithstanding any other provision
of law, not to exceed $1,250,000 from fees established by the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the amounts made available
under this heading from the general fund shall be reduced on a dollar-
for-dollar basis as such offsetting collections are received during
fiscal year 2021, to result in a final appropriation from the general
fund estimated at not more than $36,250,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, and rental of conference
rooms) of the United States Interagency Council on Homelessness in
carrying out the functions pursuant to title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11311 et. seq.), as amended,
$3,800,000, to remain available until September 30, 2022: Provided,
That not more than $15,000 may be used for travel expenses by the
Executive Director: Provided further, That the Executive Director may
not engage in any official travel except for travel paid out of such
amounts: Provided further, That no funds may be used to promote
homelessness interventions unless those interventions include support
for evidence-based interventions including the Housing First model and
Permanent Supportive Housing.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2021, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the report accompanying this Act,
whichever is more detailed, unless prior approval is received
from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and
activity as detailed in this Act, the table
accompanying the report accompanying this Act,
accompanying reports of the House and Senate Committee
on Appropriations, or in the budget appendix for the
respective appropriations, whichever is more detailed,
and shall apply to all items for which a dollar amount
is specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2021 from appropriations made available for salaries
and expenses for fiscal year 2021 in this Act, shall remain available
through September 30, 2022, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and
Urban Development, or any other Federal agency to lease or purchase new
light duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
Sec. 420. None of the funds made available by this Act may be used
in contravention of section 2635.702 of title 5, Code of Federal
Regulations.
Sec. 421. (a) For the duration of the national emergency declared
by the President under the National Emergencies Act (50 U.S.C. 1601 et
seq.) related to the pandemic of SARS-CoV-2 or coronavirus disease 2019
(COVID-19), an air carrier operating under part 121 of title 14, Code
of Federal Regulations, shall--
(1) require each passenger and cabin crewmember to wear a
mask or protective face covering while on board an aircraft of
the air carrier;
(2) require each flight crewmember to wear a mask or
protective face covering while on board an aircraft but outside
the flight deck;
(3) submit to the Administrator of the Federal Aviation
Administration a proposal to permit flight crew members of the
air carrier to wear a mask or protective face covering while at
their stations in the flight deck, including a safety risk
assessment with respect to such proposal;
(4) provide flight and cabin crewmembers, airport customer
service agents, and other employees whose job responsibilities
involve interaction with passengers with masks or protective
face coverings, gloves, and hand sanitizer and wipes with
sufficient alcohol content;
(5) ensure aircraft, including the cockpit and cabin,
operated by such carrier are cleaned, disinfected, and
sanitized after each use in accordance with Centers for Disease
Control and Prevention guidance;
(6) ensure enclosed facilities owned, operated, or used by
such air carrier, including facilities used for flight or cabin
crewmember training or performance of indoor maintenance,
repair, or overhaul work, are cleaned, disinfected, and
sanitized frequently in accordance with Centers for Disease
Control and Prevention guidance;
(7) provide air carrier employees whose job
responsibilities involve cleaning, disinfecting, and sanitizing
aircraft or enclosed facilities described in paragraphs (5) and
(6) with masks or protective face coverings and gloves, and
ensure that each contractor of the air carrier provides
employees of such contractor with such materials; and
(8) establish guidelines, or adhere to applicable
guidelines, for notifying employees of a confirmed COVID-19
diagnosis of an employee of such air carrier and for
identifying other air carrier employees whom such employee
contacted in the 48-hour period before the employee developed
symptoms.
(b)(1) In General.--For the duration of the national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) related to the pandemic of SARS-CoV-2 or coronavirus
disease (COVID-19), Amtrak shall--
(A) require each passenger and employee of Amtrak,
including engineers, conductors, and onboard service workers,
to wear a mask or other protective face covering while onboard
an Amtrak train;
(B) take such actions as are reasonable to ensure passenger
compliance with the requirement under subparagraph (A);
(C) provide masks or protective face coverings, gloves, and
hand sanitizer and sanitizing wipes with sufficient alcohol
content to--
(i) conductors, engineers, and onboard service
workers;
(ii) ticket agents, station agents, and red cap
agents; and
(iii) any other employees whose job
responsibilities include interaction with passengers;
(D) ensure Amtrak trains, including the locomotive cab and
passenger cars, are cleaned, disinfected, and sanitized
frequently in accordance with guidance issued by the Centers
for Disease Control and Prevention and ensure that employees
whose job responsibilities include such cleaning, disinfecting,
or sanitizing are provided masks or protective face coverings
and gloves;
(E) ensure stations and enclosed facilities that Amtrak
owns and operates including facilities used for training or the
performance of indoor maintenance, repair, or overhaul work,
are cleaned, disinfected, and sanitized frequently in
accordance with guidance issued by the Centers for Disease
Control and Prevention and ensure that employees whose job
responsibilities include such cleaning, disinfecting, or
sanitizing are provided masks or protective face coverings and
gloves;
(F) take such actions as are reasonable to ensure that
stations or facilities served or used by Amtrak that Amtrak
does not own are cleaned, disinfected, and sanitized frequently
in accordance with Centers for Disease Control and Prevention
guidance;
(G) ensure that each contractor of Amtrak provides masks or
protective face coverings and gloves to employees of such
contractor whose job responsibilities include those described
in subparagraphs (D) and (E); and
(H) establish guidelines, or adhere to existing applicable
guidelines, for notifying employees of a confirmed diagnosis of
COVID-19 of an employee of Amtrak.
(2) Availability.--If Amtrak is unable to acquire any of the items
necessary to comply with subparagraphs (C), (D), and (E) of paragraph
(1) due to market unavailability, Amtrak shall--
(A) prepare and make public documentation demonstrating
what actions have been taken to acquire such items; and
(B) continue efforts to acquire such items until such items
become available.
(c)(1) In General.--For the duration of the national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) related to the pandemic of SARS-CoV-2 or coronavirus
disease 2019 (COVID-19), recipients of funds under section 5307 of
title 49, United States Code, that serve an urbanized area with a
population of at least 500,000 individuals and that provided a minimum
of 20,000,000 unlinked passenger trips in the most recent year for
which data is available shall--
(A) require each passenger to wear a mask or protective
face covering while on board a public transportation vehicle;
(B) provide masks or protective face coverings, gloves, and
hand santizer and wipes with sufficient alcohol content to
operators, station managers, and other employees or contractors
whose job responsibilities include interaction with passengers;
(C) ensure public transportation vehicles operated by such
public transportation provider are cleaned, disinfected, and
sanitized frequently in accordance with Centers for Disease
Control and Prevention guidance and ensure that employees or
contractors whose job responsibilities involve such cleaning,
disinfecting, or sanitizing are provided masks or protective
face coverings and gloves;
(D) ensure stations and enclosed facilities owned,
operated, or used by such public transportation provider,
including facilities used for training or performance of indoor
maintenance, repair, or overhaul work, are cleaned,
disinfected, and sanitized frequently in accordance with
Centers for Disease Control and Prevention guidance and ensure
that employees or contractors whose job responsibilities
include such cleaning, disinfecting, or sanitizing are provided
masks or other protective face coverings and gloves; and
(E) establish guidelines, or adhere to applicable
guidelines, for notifying employees of a confirmed COVID-19
diagnosis of an employee of such public transportation
provider.
(2) Implementation.--The implementation of the requirement under
paragraph (1)(A) shall be carried out in a manner determined by the
provider of public transportation.
(3) Availability.--If a provider of public transportation is unable
to acquire a subparagraph (B), (C), or (D) of paragraph (1) due to
market unavailability, such provider shall--
(A) prepare and make public documentation demonstrating
what actions have been taken to acquire such items; and
(B) continue efforts to acquire such items until they
become available.
TITLE V
ADDITIONAL INFRASTRUCTURE INVESTMENTS
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
national infrastructure investments
(including transfer of funds)
For an additional amount for ``National Infrastructure
Investments'', $3,000,000,000, to remain available until September 30,
2022: Provided, That such additional amount shall be subject to the
provisions under this heading in title I of this Act, except as
modified by this heading in this title: Provided further, That of the
amounts made available under this heading in this title, the Secretary
shall use an amount not less than $60,000,000 for the planning,
preparation, or design of projects eligible for amounts made available
under this heading in this title, with an emphasis on transit, transit
oriented development, and multimodal projects: Provided further, That
grants awarded under the preceding proviso shall not be subject to a
minimum grant size: Provided further, That of the amounts made
available under this heading in this title, the Secretary shall use an
amount not less than $300,000,000 for eligible projects located in or
to directly benefit areas of persistent poverty: Provided further, That
a grant award under this heading in this title shall be not less than
$20,000,000 and not greater than $300,000,000: Provided further, That
not more than 20 percent of the amounts made available under this
heading in this title may be awarded to projects in a single State that
are not port infrastructure investments (including inland port
infrastructure and land ports of entry): Provided further, That an
award under this heading in this title is an urban award if it is to a
project located within or on the boundary of an urbanized area, as
designated by the Bureau of the Census, that had a population greater
than 250,000 in the 2010 decennial census: Provided further, That for
the purpose of determining if an award for planning, preparation, or
design is an urban award, the project location is the location of the
project being planned, prepared, or designed: Provided further, That
for the purpose of determining if an award for eligible projects
located in or to directly benefit areas of persistent poverty is an
urban award, the project location is the location of the eligible
project in or to directly benefit areas of persistent poverty: Provided
further, That each award under this heading in this title that is not
an urban award is a rural award: Provided further, That of the amounts
awarded under this heading in this title, 60 percent shall be awarded
as urban awards and 40 percent shall be awarded as rural awards:
Provided further, That for rural awards and awards for eligible
projects located in or to directly benefit areas of persistent poverty,
the minimum grant size shall be $5,000,000 and the Secretary may
increase the Federal share of costs above 80 percent: Provided further,
That the Secretary may retain up to $30,000,000, to remain available
until September 30, 2023, of the amounts made available under this
heading in this title, and may transfer portions of such amounts to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, and the
Maritime Administration to fund the award and oversight of grants and
credit assistance made under the national infrastructure investments
program: Provided further, That the Secretary shall issue the Notice of
Funding Opportunity for amounts made available under this heading in
this title not later than 180 days after the date of enactment of this
Act: Provided further, That such Notice of Funding Opportunity shall
require application submissions 90 days after the publishing of such
Notice: Provided further, That of the applications submitted under the
preceding two provisos, the Secretary shall make grants not later than
390 days after the date of enactment of this Act in such amounts that
the Secretary determines: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
cyber security initiatives
For an additional amount for ``Cyber Security Initiatives'',
$10,500,000, to remain available until September 30, 2022: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Aviation Administration
facilities and equipment
For an additional amount for ``Facilities and Equipment'',
$500,000,000, to remain available until September 30, 2023: Provided,
That amounts made available under this heading in this title shall be
derived from the general fund: Provided further, That funding provided
under this heading shall be used to make improvements (including
activities that improve water and energy efficiency or reduce the risk
of harm to occupants or property from natural hazards) or to replace
air route traffic control centers, air traffic control towers, terminal
radar approach control facilities, and navigation and landing
equipment: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $2,500,000,000, to remain
available until September 30, 2023: Provided, That amounts made
available under this heading in this title shall be derived from the
general fund, and such funds shall not be subject to apportionment
formulas, special apportionment categories, or minimum percentages
under such chapter 471: Provided further, That the Secretary shall
distribute funds provided under this heading as discretionary grants to
airports: Provided further, That the amount made available under this
heading in this title shall not be subject to any limitation on
obligations for the Grants-in-Aid for Airports program set forth in any
Act: Provided further, That not less than $250,000,000 of the grants
awarded under this heading in this title shall be for airport
sustainability activities focused on reducing energy consumption, noise
impacts, waste, and pollution or improving water quality, community
relations, and wildlife compatibility: Provided further, That priority
consideration shall be based on project justification and completeness
of pre-grant actions: Provided further, That the Administrator of the
Federal Aviation Administration may retain up to 0.1 percent of the
funds provided under this heading in this title to fund the award and
oversight by the Administrator of grants made under this heading:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Railroad Administration
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For an additional amount for ``Consolidated Rail Infrastructure and
Safety Improvements'', $5,000,000,000, to remain available until
September 30, 2022: Provided, That such additional amount shall be
subject to the provisions under this heading in title I of this Act,
except as modified by this heading in this title: Provided further,
That of the amounts made available under this heading in this title--
(1) not less than $1,500,000,000 shall be for projects
eligible under section 22907(c) of title 49, United States
Code; and
(2) not less than $3,500,000,000 shall be for projects
eligible under sections 22907(c)(2), 22907(c)(3), 22907(c)(4),
and 22907(c)(9) of title 49, United States Code, that
contribute to the development, initiation, expansion, or
restoration of intercity passenger rail service including
alignments for existing routes: Provided, That amounts made
available in this paragraph shall be for such eligible projects
with a total project cost greater than $500,000,000: Provided
further, That, notwithstanding section 22907(g)(1) of title 49,
United States Code, not more than 25 percent of the amounts
made available in this paragraph shall be for such eligible
projects in rural areas:
Provided further, That the Secretary shall issue the Notice of Funding
Opportunity for amounts made available under this heading in this title
not later than 150 days after the date of enactment of this Act:
Provided further, That such Notice of Funding Opportunity shall require
application submissions 90 days after the publishing of such Notice:
Provided further, That the Secretary shall announce the selection of
projects to receive awards for amounts made available under this
heading in this title not later than 1 year after the date of enactment
of this Act: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
magnetic levitation technology deployment program
For an additional amount for ``Magnetic Levitation Technology
Deployment Program'', $100,000,000, to remain available until September
30, 2022, consistent with language in subsections (a) through (c) of
section 1307 of SAFETEA-LU (Public Law 109-59), as amended by section
102 of the SAFETEA-LU Technical Corrections Act of 2008 (Public Law
110-244) (23 U.S.C. 322 note): Provided, That the Secretary may
withhold up to 2 percent of the amounts made available under this
heading in this title for the costs of award and project management and
oversight, to remain available until September 30, 2023: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
northeast corridor grants to the national railroad passenger
corporation
(including transfer of funds)
For an additional amount for ``Northeast Corridor Grants to the
National Railroad Passenger Corporation'', $5,000,000,000, to remain
available until September 30, 2022, to enable the Secretary to make or
amend existing grants to the National Railroad Passenger Corporation
for activities associated with the Northeast Corridor as authorized by
section 11101(a) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94): Provided, That such additional
amount shall be subject to the provisions under this heading in title I
of this Act, except as modified by this heading in this title: Provided
further, That the Secretary shall make or amend such grants not later
than 90 days after the date of enactment of this Act: Provided further,
That of the amounts made available under this heading in this title,
priority shall be given to projects for the repair, rehabilitation, or
upgrade of railroad assets or infrastructure, for capital projects that
expand passenger rail capacity, and for the rehabilitation or
acquisition of rolling stock: Provided further, That the amounts made
available under this heading in this title may be used to subsidize the
operating losses of the National Railroad Passenger Corporation:
Provided further, That of the amounts made available under this heading
in this title, not less than $172,000,000 shall be made available for
use of the National Railroad Passenger Corporation in lieu of fiscal
year 2021 capital payments from commuter rail passenger transportation
providers subject to the cost allocation policy developed pursuant to
section 24905(c) of title 49, United States Code: Provided further,
That, notwithstanding sections 24319(g) and 24905(c)(1)(A)(i) of title
49, United States Code, such use of funds in fiscal year 2021 does not
constitute cross-subsidization of commuter rail passenger
transportation: Provided further, That of the amounts made available
under this heading in this title, not less than $1,000,000,000 shall be
made available to advance capital projects, including rehabilitation
and upgrade of railroad infrastructure, that increase reliability or
expand passenger rail capacity on the Amtrak-owned portion of the
Northeast Corridor (as defined in section 24102(8) of title 49, United
States Code) on which more than 380 trains traveled per day in fiscal
year 2019: Provided further, That of the amounts made available under
this heading in this title and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading in this title, not
less than $200,000,000 shall be made available to bring Amtrak-served
facilities and stations into compliance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 2101 et seq.): Provided further,
That of the amounts made available under this heading in this title and
the ``National Network Grants to the National Railroad Passenger
Corporation'' heading in this title, $5,000,000, to remain available
until September 30, 2025, shall be transferred to ``National Railroad
Passenger Corporation--Office of Inspector General--Salaries and
Expenses'' for conducting audits and investigations of projects and
activities carried out with amounts made available in this title and in
division B of the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116-136) under the headings ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'': Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national network grants to the national railroad passenger corporation
For an additional amount for ``National Network Grants to the
National Railroad Passenger Corporation'', $3,000,000,000, to remain
available until September 30, 2022, to enable the Secretary to make or
amend existing grants to the National Railroad Passenger Corporation
for activities associated with the National Network as authorized by
section 11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94): Provided, That such additional
amount shall be subject to the provisions under this heading in title I
of this Act, except as modified by this heading in this title: Provided
further, That the Secretary shall make or amend such grants not later
than 90 days after the date of enactment of this Act: Provided further,
That of the amounts made available under this heading in this title,
priority shall be given to projects for the repair, rehabilitation, or
upgrade of railroad assets or infrastructure, for capital projects that
expand passenger rail capacity, and for the rehabilitation or
acquisition of rolling stock: Provided further, That the amounts made
available under this heading in this title may be used to subsidize the
operating losses of the National Railroad Passenger Corporation:
Provided further, That a State shall not be required to pay the
National Railroad Passenger Corporation more than 80 percent of the
amount paid in fiscal year 2019 under section 209 of the Passenger Rail
Investment and Improvement Act of 2008 (Public Law 110-432) and that
not less than $260,000,000 of the amounts made available under this
heading in this title shall be made available for use in lieu of any
increase in a State's payment: Provided further, That of the amounts
made available under this heading in this title, not less than
$57,000,000 shall be made available for use of the National Railroad
Passenger Corporation in lieu of fiscal year 2021 capital payments from
commuter rail passenger transportation providers subject to the cost
allocation policy developed pursuant to section 24905(c) of title 49,
United States Code: Provided further, That, notwithstanding sections
24319(g) and 24905(c)(1)(A)(i) of title 49, United States Code, such
use of funds in fiscal year 2021 does not constitute cross-
subsidization of commuter rail passenger transportation: Provided
further, That of the amounts made available under this heading in this
title, not less than $107,000,000 shall be for capital expenses related
to safety improvements, maintenance, and the non-Federal match for
discretionary Federal grant programs to enable continued passenger rail
operations on long-distance routes (as defined in section 24102 of
title 49, United States Code) on which the National Railroad Passenger
Corporation is the sole operator on a host railroad's line and a
positive train control system is not required by law or regulation:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Transit Administration
capital investment grants
For an additional amount for ``Capital Investment Grants'', as
authorized under section 5309 of title 49, United States Code, and
section 3005(b) of the Fixing America's Surface Transportation Act,
$5,000,000,000, to remain available until expended: Provided, That of
the amounts made available under this heading in this title, not less
than $3,000,000,000 shall be available for projects authorized under
section 5309(d) of title 49, United States Code, not less than
$1,000,000,000 shall be available for projects authorized under section
5309(e) of such title, and not less than $500,000,000 shall be
available for projects authorized under section 5309(h) of such title:
Provided further, That in selecting projects to be funded with amounts
made available under sections 5309(d) of title 49, United States Code,
priority shall be given to projects that are currently in construction
or that are able to obligate funds not later than 270 days after the
date of enactment of this Act: Provided further, That funds made
available under this heading in this or any other Act may be available
for amendments to current full-funding grant agreements that require
additional Federal funding as a result of coronavirus: Provided
further, That the Secretary shall not waive the requirements of section
5333 of title 49, United States Code, for funds appropriated under this
heading in this Act: Provided further, That unless otherwise specified,
applicable requirements under chapter 53 of title 49, United States
Code, shall apply to funding made available under this heading in this
title: Provided further, That up to one-half of 1 percent of the funds
provided under this heading in this title shall be available for
administrative expenses and program management oversight, and shall be
in addition to any other appropriations for such purposes: Provided
further, That none of the funds made available in this title may be
used to implement any policy that requires a Federal Transit
Administration project to receive a medium or higher project rating
before taking actions to finalize an environmental impact statement:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$125,000,000, to remain available until September 30, 2022, of which--
(1) $50,000,000 shall be for facilities maintenance and
repair, equipment, and capital improvements at the United
States Merchant Marine Academy; and
(2) $75,000,000 shall be for the Short Sea Transportation
Program (America's Marine Highways) to make grants for the
purposes authorized under paragraphs (1) and (3) of section
55601(b) of title 46, United States Code: Provided, That for
amounts made available in this paragraph, the Secretary shall
make grants not later than 180 days after the date of enactment
of this Act in such amounts as the Secretary determines:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
state maritime academy operations
For an additional amount for ``State Maritime Academy Operations'',
$345,500,000, to remain available until September 30, 2022, of which--
(1) $315,500,000 shall be for the National Security Multi-
Mission Vessel Program, including funds for construction,
planning, administration, and design of school ships; and
(2) $30,000,000 shall be for direct payments for State
Maritime Academies:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
assistance to small shipyards
For an additional amount for ``Assistance to Small Shipyards'',
$100,000,000, to remain available until September 30, 2022, to make
grants to qualified shipyards as authorized under section 54101 of
title 46, United States Code: Provided, That the Secretary shall
announce the selection of such grants not later than 210 days after the
date of enactment of this Act in such amounts as the Secretary
determines: Provided further, That the Secretary shall institute
measures to ensure amounts made available under this heading in this
title shall be obligated not later than 180 days after the date on
which the Secretary announces the selection of such grants: Provided
further, That the Secretary may withhold up to 2 percent of the amounts
made available under this heading in this title for the costs of award
and project management and oversight, to remain available until
September 30, 2023: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
port infrastructure development program
For an additional amount for ``Port Infrastructure Development
Program'', $1,000,000,000, to remain available until September 30,
2022, to make grants to improve port facilities as authorized under
section 50302(c) of title 46, United States Code: Provided, That such
additional amount shall be subject to the provisions under this heading
in title I of this Act, except as modified by this heading in this
title: Provided further, That of the amounts made available under this
heading in this title, not less than $910,000,000 shall be for coastal
seaports or Great Lakes ports: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity for amounts made
available under this heading in this title not later than 60 days after
the date of enactment of this Act: Provided further, That such Notice
of Funding Opportunity shall require application submissions 90 days
after the publishing of such Notice: Provided further, That the
Secretary shall announce the selection of projects to receive awards
for amounts made available under this heading in this title not later
than 270 days after the date of enactment of this Act: Provided
further, That not to exceed 1 percent of the amounts made available
under this heading in this title shall be available for necessary costs
of grant administration, to remain available until September 30, 2023:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Inspector General
salaries and expenses
For an additional amount for necessary expenses of the ``Office of
Inspector General'' to carry out the provisions of the Inspector
General Act of 1978 (5 U.S.C. App. 3) $7,500,000, to remain available
until expended: Provided, That the funds made available under this
heading in this title shall be used to conduct audits and
investigations of projects and activities carried out with funds made
available to the Department of Transportation: Provided further, That
the Inspector General shall have all necessary authority, in carrying
out the duties specified in the Inspector General Act, to investigate
allegations of fraud, including false statements to the Government
under section 1001 of title 18, United States Code, by any person or
entity that is subject to regulation by the Department: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
public housing capital fund
(including transfer of funds)
For an additional amount for the ``Public Housing Capital Fund'' to
carry out capital and management activities for public housing
agencies, as authorized under section 9 of the United States Housing
Act of 1937 (42 U.S.C. 1437g), $24,250,000,000, to remain available
until September 30, 2022: Provided, That such additional amount shall
be subject to the provisions under this heading in title II of this
Act, except as modified by this heading in this title: Provided
further, That $19,000,000,000 of the funds provided under this heading
in this title shall be distributed under the same formula used for
amounts made available for the Capital Fund for fiscal year 2021:
Provided further, That $2,500,000,000 of the funds provided under this
heading in this title shall be awarded by competition for activities
that improve water and energy efficiency, or reduce the risk of harm to
occupants or property from natural hazards: Provided further, That
$2,750,000,000 of the funds provided under this heading in this title
shall be awarded by competition for activities that mitigate threats to
the health and safety of residents, or reduce lead-based paint hazards
and other housing related hazards, including carbon monoxide, radon, or
mold: Provided further, That in administering funds appropriated or
otherwise made available under this heading in this title, the
Secretary may waive or specify alternative requirements for any
provision of any statute or regulation in connection with the
obligation by the Secretary or the use of these funds (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding that such a waiver is
necessary to expedite or facilitate the use of such funds: Provided
further, That up to 0.5 percent of the amounts made available under
this heading in this title may be transferred, in aggregate, to
``Department of Housing and Urban Development, Program Offices--Public
and Indian Housing'' to supplement existing resources for the necessary
costs of administering and overseeing the obligation and expenditure of
these amounts, to remain available until September 30, 2024: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
choice neighborhoods initiative
(including transfer of funds)
For an additional amount for the ``Choice Neighborhoods
Initiative'', $300,000,000, to remain available until September 30,
2022: Provided, That such additional amount shall be subject to the
provisions under this heading in title II of this Act, except as
modified by this heading in this title: Provided further, That not less
than 10 percent of the amounts made available under this heading in
this title shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or property from
natural hazards: Provided further, That all construction,
rehabilitation, and related activities funded under this heading in
this title shall comply with the latest published editions of relevant
national consensus-based codes and specifications and standards
referenced therein, except that nothing in this section shall be
construed to prohibit a grantee from requiring higher standards:
Provided further, That the term ``latest published editions'' means,
with respect to relevant national consensus-based codes, and
specifications and standards referenced therein, the two most recent
published editions, including, if any, amendments made by State, local,
Tribal, or territorial governments during the adoption process, that
incorporate the latest natural hazard-resistant designs and establish
criteria for the design, construction, and maintenance of structures
and facilities that may be eligible for assistance under this section
for the purposes of protecting the health, safety, and general welfare
of a buildings' users against disasters: Provided further, That up to
0.5 percent of the amounts made available under this heading in this
title may be transferred, in aggregate, to ``Department of Housing and
Urban Development, Program Offices--Public and Indian Housing'' to
supplement existing resources for the necessary costs of administering
and overseeing the obligation and expenditure of amounts under this
heading in this title, to remain available until September 30, 2024:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
native american programs
(including transfer of funds)
For an additional amount for ``Native American Programs'',
$1,000,000,000, to remain available until September 30, 2022, unless
otherwise specified, for activities and assistance authorized under
title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (``NAHASDA'') (25 U.S.C. 4111 et seq.) and
title I of the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.) with respect to Indian Tribes: Provided, That the amounts
made available under this heading in this title are provided as
follows--
(1) $400,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA:
Provided, That amounts made available in this paragraph shall
be distributed according to the same funding formula used in
fiscal year 2021: Provided further, That the amounts
distributed through such formula shall be used for new
construction, acquisition, rehabilitation, and infrastructure
development: Provided further, That in selecting projects to be
funded, grantees shall give priority to projects for which
contracts can be awarded within 180 days from the date that
amounts are made available to the grantees: Provided further,
That the Secretary shall notify grantees of their formula
allocation not later than 60 days after the date of enactment
of this Act: Provided further, That the Secretary shall
obligate amounts allocated by formula not later than 120 days
after the date of enactment of this Act;
(2) $350,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary shall
obligate this additional amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding this additional
amount, the Secretary shall consider need and administrative
capacity and shall give priority to projects that will spur
construction and rehabilitation: Provided further, That a grant
funded pursuant to this paragraph shall be in an amount not
less than $500,000 and not greater than $20,000,000: Provided
further, That recipients of amounts made available in this
paragraph shall obligate 100 percent of such amounts within 1
year of the date amounts are made available to a recipient,
expend at least 50 percent of such amounts within 2 years of
the date on which amounts become available to such recipients
for obligation, and expend 100 percent of such amounts within 3
years of such date: Provided further, That the Secretary shall
issue a Notice of Funding Availability for amounts made
available in this paragraph not later than 60 days after the
date of enactment of this Act: Provided further, That such
Notice of Funding Availability shall require application
submissions 90 days after the publishing of such Notice:
Provided further, That of the applications submitted under the
preceding two provisos, the Secretary shall make grants not
later than 270 days after the date of enactment of this Act;
and
(3) $250,000,000 shall be for grants to Indian Tribes for
carrying out the Indian Community Development Block Grant
program under title I of the Housing and Community Development
Act of 1974, notwithstanding section 106(a)(1) of such Act:
Provided, That not to exceed 20 percent of any grant made with
amounts made available in this paragraph shall be expended for
planning and management development and administration:
Provided further, That the Secretary shall issue a Notice of
Funding Availability for amounts made available in this
paragraph not later than 180 days after the date of enactment
of this Act: Provided further, That such Notice of Funding
Availability shall require application submissions 90 days
after the publishing of such Notice: Provided further, That of
the applications submitted under the preceding two provisos,
the Secretary shall make grants not later than 390 days after
the date of enactment of this Act:
Provided further, That the Secretary may waive, or specify alternative
requirements for, any provision of any statute or regulation that the
Secretary administers in connection with the use of amounts made
available under this heading in this title (except for requirements
related to fair housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such waivers or
alternative requirements are necessary to expedite or facilitate the
use of such amounts: Provided further, That not less than 10 percent of
the amounts made available under this heading in this title shall be
used for activities that improve water and energy efficiency, or reduce
the risk of harm to occupants or property from natural hazards:
Provided further, That up to 1 percent of the amounts made available in
paragraphs (2) and (3) under this heading in this title may be
transferred, in aggregate, to ``Department of Housing and Urban
Development, Program Offices--Public and Indian Housing'' for necessary
costs of administering and overseeing the obligation and expenditure of
such amounts, to remain available until September 30, 2023: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
native hawaiian housing block grant
(including transfer of funds)
For an additional amount for the ``Native Hawaiian Housing Block
Grant'' program, $20,000,000, to remain available until September 30,
2022: Provided, That such additional amount shall be subject to the
provisions under this heading in title II of this Act, except as
modified by this heading in this title: Provided further, That not less
than 10 percent of the amounts made available under this heading in
this title shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or property from
natural hazards: Provided further, That up to 1 percent of the amounts
made available under this heading in this title may be transferred, in
aggregate, to ``Department of Housing and Urban Development, Program
Offices--Public and Indian Housing'' for necessary costs of
administering and overseeing the obligation and expenditure of amounts
under this heading in this title, to remain available until September
30, 2023: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Community Planning and Development
community development fund
(including transfer of funds)
For an additional amount for ``Community Development Fund'',
$4,000,000,000, to remain available until September 30, 2022: Provided,
That such additional amount shall be subject to the provisions under
this heading in title II of this Act, except as modified by this
heading in this title: Provided further, That such amount made
available under this heading in this title shall be distributed
pursuant to section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306) to grantees that received allocations pursuant to
that same formula in fiscal year 2020, and that such allocations shall
be made within 30 days of enactment of this Act: Provided further, That
not less than 10 percent of the amounts made available under this
heading in this title shall be used for activities that improve water
and energy efficiency, or reduce the risk of harm to occupants or
property from natural hazards (including activities that facilitate the
adoption of the most recent published editions of relevant national
consensus-based codes): Provided further, That of the amounts made
available under this heading in this title, up to 0.5 percent may be
transferred to ``Department of Housing and Urban Development, Program
Offices--Community Planning and Development'' for necessary costs of
administering and overseeing the obligation and expenditure of amounts
under this heading in this title, to remain available until September
30, 2028: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
home investment partnerships program
(including transfer of funds)
For an additional amount for the ``HOME Investment Partnerships
Program'', as authorized under title II of the Cranston-Gonzalez
National Affordable Housing Act, as amended, $17,500,000,000, to remain
available until September 30, 2024: Provided, That such additional
amount shall be subject to the provisions under this heading in title
II of this Act, except as modified by this heading in this title:
Provided further, That of the amounts made available under this heading
in this title, the Secretary shall use not less than $1,750,000,000 for
projects eligible for amounts made available under this heading in this
title located in or directly benefitting areas of persistent poverty:
Provided further, That for purposes of the preceding proviso, the term
``areas of persistent poverty'' means (1) any county that has
consistently had 20 percent or more of the population living in poverty
during the 30-year period preceding the date of enactment of this Act,
as measured by the 1990 and 2000 decennial census and the most recent
annual Small Area Income and Poverty Estimates as estimated by the
Bureau of the Census, (2) any census tract with a poverty rate of at
least 20 percent as measured by the 2014-2018 5-year data series
available from the American Community Survey of the Census Bureau, or
(3) any territory or possession of the United States: Provided further,
That grants awarded under the preceding two provisos shall not be
subject to a minimum grant size: Provided further, That not less than
10 percent of the amounts made available under this heading in this
title shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or property from
natural hazards: Provided further, That of the amounts made available
under this heading in this title, up to 0.5 percent may be transferred
to ``Department of Housing and Urban Development, Program Offices--
Community Planning and Development'' for necessary costs of
administering and overseeing the obligation and expenditure of amounts
under this heading in this title, to remain available until September
30, 2028: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
self-help and assisted homeownership opportunity program
For an additional amount for the ``Self-Help and Assisted
Homeownership Opportunity Program'', as authorized under section 11 of
the Housing Opportunity Program Extension Act of 1996, as amended,
$55,000,000, to remain available until September 30, 2023: Provided,
That such additional amount shall be subject to the provisions under
this heading in title II of this Act, except as modified by this
heading in this title: Provided further, That of the amount provided
under this heading in this title, $10,000,000 shall be made available
to the Self-Help Homeownership Opportunity Program: Provided further,
That of the amount provided under this heading in this title,
$40,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the amount provided under this
heading in this title, $5,000,000 shall be made available for capacity
building by national rural housing organizations: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Housing Programs
assisted housing investments
(including transfer of funds)
For assistance to owners of properties receiving project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), $750,000,000, to remain available until September
30, 2024: Provided, That funds provided under this heading in this
title shall be for competitive grants for capital improvements to such
properties: Provided further, That not less than $250,000,000 of the
grants made available under this heading in this title shall be for
grants for activities that mitigate threats to the health and safety of
residents; reduce lead-based paint hazards, and other housing related
hazards including carbon monoxide, radon, or mold; improve water and
energy efficiency; or reduce the risk of harm to occupants or property
from natural hazards: Provided further, That projects funded with
grants provided under this heading in this title must comply with the
requirements of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That such grants shall be provided through the
policies, procedures, contracts, and transactional infrastructure of
the authorized programs administered by the Department of Housing and
Urban Development, on such terms and conditions as the Secretary of
Housing and Urban Development deems appropriate to ensure the
maintenance and preservation of the property, the continued operation
and maintenance of energy efficiency technologies, and the timely
expenditure of funds: Provided further, That the grants shall include a
financial assessment and physical inspection of such property: Provided
further, That eligible owners must have at least a satisfactory
management review rating, be in substantial compliance with applicable
performance standards and legal requirements, and commit to an
additional period of affordability determined by the Secretary, but of
not fewer than 15 years: Provided further, That in administering funds
appropriated or otherwise made available under this heading in this
title, the Secretary may waive or specify alternative requirements for
any provision of any statute or regulation in connection with the
obligation by the Secretary or the use of these funds (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding that such a waiver is
necessary to expedite or facilitate the use of such funds: Provided
further, That of the amounts made available under this heading in this
title, up to 0.5 percent may be transferred to ``Department of Housing
and Urban Development, Program Offices--Office of Housing'' for
necessary costs of administering and overseeing the obligation and
expenditure of amounts under this heading in this title, to remain
available until September 30, 2028: Provided further, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
housing for the elderly
(including transfer of funds)
For an additional amount for assistance for ``Housing for the
Elderly'' as authorized by section 202 of the Housing Act of 1959, as
amended, $750,000,000, to remain available until September 30, 2024,
for use for capital advances under section 202(c)(1) of such Act and
for project rental assistance under section 202(c)(2) of such Act in
connection with such advances, including amendments to contracts for
such assistance, but not including renewal of expiring contracts for
such assistance: Provided, That such additional amount shall be subject
to the provisions under this heading in title II of this Act, except as
modified by this heading in this title: Provided further, That not less
than 10 percent of the amounts made available under this heading in
this title shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or property from
natural hazards: Provided further, That of the amounts made available
under this heading in this title, up to 0.5 percent may be transferred
to ``Department of Housing and Urban Development, Program Offices--
Office of Housing'' for necessary costs of administering and overseeing
the obligation and expenditure of amounts under this heading in this
title, to remain available until September 30, 2028: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
housing for persons with disabilities
(including transfer of funds)
For an additional amount for ``Housing for Persons with
Disabilities'', for assistance for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), $179,000,000, to
remain available until September 30, 2024, to provide for additional
capital advances and project rental assistance for supportive housing
for persons with disabilities under section 811(b)(2) of such Act:
Provided, That such additional amount shall be subject to the
provisions under this heading in title II of this Act, except as
modified by this heading in this title: Provided further, That not less
than 10 percent of the amounts made available under this heading in
this title shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or property from
natural hazards: Provided further, That of the amounts made available
under this heading in this title, up to 0.5 percent may be transferred
to ``Department of Housing and Urban Development, Program Offices--
Office of Housing'' for necessary costs of administering and overseeing
the obligation and expenditure of amounts under this heading in this
title, to remain available until September 30, 2028: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For an additional amount for the ``Lead Hazard Reduction Program'',
as authorized by section 1011 of the Residential Lead-Based Paint
Hazard Reduction Act of 1992, $100,000,000, to remain available until
September 30, 2023, of which $25,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970: Provided, That such additional amount shall be
subject to the provisions under this heading in title II of this Act,
except as modified by this heading in this title: Provided further,
That not less than $40,000,000 of the amounts made available under this
heading in this title for the award of grants pursuant to section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992 shall
be provided to areas with the highest lead-based paint abatement needs:
Provided further, That not less than $10,000,000 of the amounts made
available under this heading in this title for the Healthy Homes
Initiative, the Secretary shall give priority to applicants who have
partnerships with grantees of the Department of Energy's Weatherization
Assistance Program: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Cybersecurity and Information Technology Fund
For an additional amount for ``Cybersecurity and Information
Technology Fund'', $100,000,000, to remain available until September
30, 2023: Provided, That the amount made available under this heading
in this title shall be for the development, modernization, and
enhancement of, modifications to, and infrastructure for cybersecurity
support, operations, controls, and documentation; multifamily housing
IT modernization; and resolving open Office of Inspector General and
Government Accountability Office recommendations: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Inspector General
For an additional amount for the necessary salaries and expenses of
the ``Office of Inspector General'' in carrying out the Inspector
General Act of 1978, as amended, $7,500,000, to remain available until
expended: Provided, That the Inspector General shall have independent
authority over all personnel issues within this office: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCY
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For an additional payment to the ``Neighborhood Reinvestment
Corporation'' for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act (42 U.S.C.
8101-8107), $300,000,000 to remain available until expended, for grants
to its charter member organization and affiliated capital corporations
for neighborhood reinvestment activities intended to spur economic
stabilization and recovery, including: construction of affordable
single-family and multifamily housing, rehabilitation of existing
single-family and multifamily housing, activities that improve water
and energy efficiency, or reduce the risk of harm to occupants or
property from natural hazards, rental assistance, housing counseling,
and support to ongoing economic development efforts: Provided, That
such additional amount shall be subject to the provisions under this
heading in title III of this Act, except as modified by this heading in
this title: Provided further, That of the total amount made available
under this heading in this title, up to $1,500,000 may be used for
associated administrative expenses for the Neighborhood Reinvestment
Corporation to carry out activities provided under this heading in this
title: Provided further, That not less than 10 percent of the amounts
made available under this heading in this title shall be used for
activities that improve water and energy efficiency, or reduce the risk
of harm to occupants or property from natural hazards: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
general provisions--additional infrastructure investments
Sec. 501. (a) Notwithstanding any other provision of law and in a
manner consistent with other provisions in this title, all laborers and
mechanics employed by contractors and subcontractors on projects funded
directly by or assisted in whole or in part by and through the Federal
Government pursuant to this title shall be paid wages at rates not less
than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. With
respect to the labor standards specified in this section, the Secretary
of Labor shall have the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.)
and section 63145 of title 40, United States Code.
(b) Subsection (a) shall not apply to Tribal contracts entered into
by the Department of Housing and Urban Development with amounts made
available under the headings ``Native American Programs'' and ``Native
Hawaiian Housing Block Grant'' in this title.
(c) The amounts provided by this section are designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 502. For amounts made available in this title under the
headings ``Northeast Corridor Grants to the National Railroad Passenger
Corporation'' and ``National Network Grants to the National Railroad
Passenger Corporation'', the Secretary of Transportation may not waive
the requirements under section 24312 of title 49, United States Code,
and section 24305(f) of title 49, United States Code: Provided, That
for amounts made available in this title under such headings the
Secretary shall require the National Railroad Passenger Corporation to
comply with the Railroad Retirement Act of 1974 (45 U.S.C. 231 et
seq.), the Railway Labor Act (45 U.S.C. 151 et seq.), and the Railroad
Unemployment Insurance Act (45 U.S.C. 351 et seq.): Provided further,
That the amounts made available in this title under such headings shall
be used by the National Railroad Passenger Corporation to prevent
employee furloughs: Provided further, That none of the funds made
available in this title under such headings may be used by the National
Railroad Passenger Corporation to reduce the frequency of rail service
on any long-distance route or State-supported route (as such terms are
defined in section 24102 of title 49, United States Code) below
frequencies for such routes in fiscal year 2019, except in an
emergency, during maintenance or construction outages impacting such
routes, or at the request of the State or States supporting such State-
supported routes.
Sec. 503. None of the funds made available by this Act to the
Department of Housing and Urban Development may be used in
contravention of section 1210 of the FAA Reauthorization Act of 2018
(Public Law 115-254; 132 Stat. 3442) or the amendments made by such
section or of section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155).
Sec. 504. (a) None of the funds appropriated or otherwise made
available by this Act may be made available to enter into any new
contract, grant, or cooperative agreement with any entity listed in
subsection (b).
(b) The entities listed in this subsection are the following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
Cleveland, MS
WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
Livingston, NJ Turnberry, Scotland York, NY
4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
Sec. 505. None of the funds made available in this Act may be used
to implement, administer, or enforce the rule entitled ``HUD's
Implementation of the Fair Housing Act's Disparate Impact Standard''
published by the Department of Housing and Urban Development in the
Federal Register on August 19, 2019 (84 Fed. Reg. 42854).
Sec. 506. None of the funds made available in this Act may be used
to implement, administer, or enforce the rule entitled ``Preserving
Community and Neighborhood Choice'' issued by the Department of Housing
and Urban Development on July 23, 2020 (Docket No. FR 6228-F-01).
Sec. 507. None of the funds made available by this Act shall be
used to implement, administer, or enforce the deadline for compliance
with housing counselor certification requirements under section
214.103(n)(4) of the Secretary of Housing and Urban Development's
regulations (24 CFR 214.103(n)(4)).
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2021''.
DIVISION H--REMOVAL OF OFFENSIVE STATUARY FROM UNITED STATES CAPITOL
Removal and Storage of Confederate Statues and Busts
Sec. 1. (a) Removal and Storage.--Not later than 45 days after the
date of the enactment of this Act, the Architect of the Capitol--
(1) shall remove all Confederate statues and Confederate
busts from any area of the United States Capitol which is
accessible to the public; and
(2) shall remove the bust of Roger Brooke Taney, the statue
of Charles Aycock, the statute of John Caldwell Calhoun, and
the statue of James Paul Clarke from any area of the United
States Capitol which is accessible to the public.
(b) Replacement of the Bust of Roger Brooke Taney With a Bust of
Thurgood Marshall.--
(1) Obtaining bust.--Not later than 2 years after the date
of the enactment of this Act, the Joint Committee on the
Library shall enter into an agreement to obtain a bust of
Thurgood Marshall, under such terms and conditions as the Joint
Committee considers appropriate consistent with applicable law.
(2) Placement.--The Joint Committee on the Library shall
place the bust obtained under paragraph (1) in the location in
the Old Supreme Court Chamber of the United States Capitol
where the bust of Roger Brooke Taney was located prior to
removal by the Architect of the Capitol under subsection (a).
(c) Storage of Statues.--In the case of any statue removed under
subsection (a), the Architect of the Capitol shall keep such statue in
storage until the Architect and the State which provided the statue
arrange for the return of the statue to the State.
(d) Definitions.--
(1) Confederate statue.--In this section, the term
``Confederate statue'' means a statue which was provided by a
State for display in the United States Capitol under section
1814 of the Revised Statutes (2 U.S.C. 2131), including a
replacement statue provided by a State under section 311 of the
Legislative Branch Appropriations Act, 2001 (2 U.S.C. 2132),
which depicts--
(A) any individual who served voluntarily at any
time as a member of the armed forces of the Confederate
States of America or of the military forces of a State
while the State was in rebellion against the United
States; or
(B) any individual who served as an official in the
government of the Confederate States of America or of a
State while the State was in rebellion against the
United States.
(2) Confederate bust.--In this section, the term
``Confederate bust'' means a bust which depicts an individual
described in subparagraph (A) or (B) of paragraph (1).
Passed the House of Representatives July 31, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.