134 Stat. 1182 (Pub. L. 116-260, Consolidated Appropriations Act, 2021)
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“134 Stat. 1182 (Pub. L. 116-260, Consolidated Appropriations Act, 2021).”
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134 STAT. 1182 PUBLIC LAW 116–260—DEC. 27, 2020
Public Law 116–260
116th Congress
An Act
Dec. 27, 2020 Making consolidated appropriations for the fiscal year ending September 30, 2021,
[H.R. 133] providing coronavirus emergency response and relief, and for other purposes.
Be it enacted by the Senate and House of Representatives of
Consolidated the United States of America in Congress assembled,
Appropriations
Act, 2021. SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2021’’.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8. Definition.
Sec. 9. Office of Management and Budget Reporting Requirement.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Agricultural Programs
Title II—Farm Production and Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agency and Food and Drug Administration
Title VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
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Title VII—Related Agencies
Title VIII—General Provisions
Title IX—Overseas Contingency Operations
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1183
DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Title I—Corps of Engineers—Civil
Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent Agencies
Title V—General Provisions
DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2021
Title I—Department of the Treasury
Title II—Executive Office of the President and Funds Appropriated to the President
Title III—The Judiciary
Title IV—District of Columbia
Title V—Independent Agencies
Title VI—General Provisions—This Act
Title VII—General Provisions—Government-wide
Title VIII—General Provisions—District of Columbia
Title IX—General Provision—Emergency Funding
DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2021
Title I—Departmental Management, Operations, Intelligence, and Oversight
Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
Title V—General Provisions
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021
Title I—Legislative Branch
Title II—General Provisions
DIVISION J—MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Defense
Title II—Department of Veterans Affairs
Title III—Related Agencies
Title IV—Overseas Contingency Operations
Title V—General Provisions
DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2021
Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
Title VIII—Nita M. Lowey Middle East Partnership for Peace Act of 2020
Title IX—Emergency Funding and Other Matters
DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
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AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Transportation
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134 STAT. 1184 PUBLIC LAW 116–260—DEC. 27, 2020
Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions—This Act
DIVISION M—CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL
APPROPRIATIONS ACT, 2021
DIVISION N—ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF
DIVISION O—EXTENSIONS AND TECHNICAL CORRECTIONS
Title I—Immigration Extensions
Title II—Commission on Black Men and Boys Corrections
Title III—U.S. Customs and Border Protection Authority to Accept Donations Exten-
sion
Title IV—Livestock Mandatory Reporting Extension
Title V—Soil Health and Income Protection Pilot Program Extension
Title VI—United States-Mexico-Canada Agreement Implementation Act Technical
Corrections
Title VII—Deputy Architect of the Capitol Amendments
Title VIII—Pandemic Response Accountability Committee Amendments
Title IX—Adjustment of Status for Liberian Nationals Extension
Title X—Clean Up the Code Act of 2019
Title XI—Amendments to Provisions Relating to Child Care Centers
Title XII—Alaska Natives Extension
Title XIII— Open Technology Fund Opportunity to Contest Proposed Debarment
Title XIV—Budgetary Effects
DIVISION P—NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020
DIVISION Q—FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL
PROPERTY
DIVISION R—PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND
ENHANCING SAFETY ACT OF 2020
DIVISION S—INNOVATION FOR THE ENVIRONMENT
DIVISION T—SMITHSONIAN AMERICAN WOMEN’S HISTORY MUSEUM ACT
AND NATIONAL MUSEUM OF THE AMERICAN LATINO
DIVISION U—HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
PROVISIONS
DIVISION V—AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
DIVISION W—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021
DIVISION X—SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE
PANDEMIC
DIVISION Y—AMERICAN MINER BENEFITS IMPROVEMENT
DIVISION Z—ENERGY ACT OF 2020
DIVISION AA—WATER RESOURCES DEVELOPMENT ACT OF 2020
DIVISION BB—PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH
PROVISIONS
DIVISION CC—HEALTH EXTENDERS
DIVISION DD—MONTANA WATER RIGHTS PROTECTION ACT
DIVISION EE—TAXPAYER CERTAINTY AND DISASTER TAX RELIEF ACT OF
2020
DIVISION FF—OTHER MATTER
Title I—Continuing Education at Affected Foreign Institutions and Modification of
Certain Protections for Taxpayer Return Information
Title II—Public Lands
Title III—Foreign Relations and Department of State Provisions
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Title IV—Senate Sergeant at Arms Cloud Services
Title V— Repeal of Requirement to Sell Certain Federal Property in Plum Island,
New York
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1185
Title VI— Preventing Online Sales of E-Cigarettes to Children
Title VII—FAFSA Simplification
Title VIII—Access to Death Information Furnished to or Maintained by the Social
Security Administration
Title IX—Telecommunications and Consumer Protection
Title X—Bankruptcy Relief
Title XI—Western Water and Indian Affairs
Title XII—Horseracing Integrity and Safety
Title XIII—Community Development Block Grants
Title XIV—COVID–19 Consumer Protection Act
Title XV—American COMPETE Act
Title XVI—Recording of Obligations
Title XVII—Sudan Claims Resolution
Title XVIII—Theodore Roosevelt Presidential Library Conveyance Act of 2020
Title XIX—United States-Mexico Economic Partnership Act
Title XX—Consumer Product Safety Commission Port Surveillance
Title XXI—COVID–19 Regulatory Relief and Work From Home Safety Act
SEC. 3. REFERENCES. 1 USC 1 note.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about December
21, 2020, and submitted by the Chairwoman of the Committee
on Appropriations of the House, shall have the same effect with
respect to the allocation of funds and implementation of divisions
A through L of this Act as if it were a joint explanatory statement
of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2021.
SEC. 6. AVAILABILITY OF FUNDS. President.
(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 pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded, if
applicable) only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.
SEC. 7. ADJUSTMENTS TO COMPENSATION. 2 USC 4501 note.
Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative Reorganization
Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments
for Members of Congress) during fiscal year 2021.
SEC. 8. DEFINITION. 5 USC 5547 note.
In divisions A through M of this Act, the term ‘‘coronavirus’’
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means SARS–CoV–2 or another coronavirus with pandemic poten-
tial.
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134 STAT. 1186 PUBLIC LAW 116–260—DEC. 27, 2020
Estimates. SEC. 9. OFFICE OF MANAGEMENT AND BUDGET REPORTING REQUIRE-
MENT.
Notwithstanding the ‘‘7 calendar days’’ requirement in section
251(a)(7)(B) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any appropriations Act
for fiscal year 2021 enacted before January 1, 2021, the Office
of Management and Budget shall transmit to the Congress its
report under that section estimating the discretionary budgetary
effects of such Acts not later than January 15, 2021.
Agriculture, DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
Rural FOOD AND DRUG ADMINISTRATION, AND RELATED
Development,
Food and Drug AGENCIES APPROPRIATIONS ACT, 2021
Administration,
and Related TITLE I
Agencies
Appropriations
Act, 2021. AGRICULTURAL PROGRAMS
PROCESSING, RESEARCH, AND MARKETING
OFFICE OF THE SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of the Secretary,
$46,998,000, of which not to exceed $5,101,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,324,000
shall be available for the Office of Homeland Security; not to exceed
$7,002,000 shall be available for the Office of Partnerships and
Public Engagement, of which $1,500,000 shall be for 7 U.S.C.
2279(c)(5); not to exceed $22,321,000 shall be available for the
Office of the Assistant Secretary for Administration, of which
$21,440,000 shall be available for Departmental Administration
to provide for necessary expenses for management support services
to offices of the Department and for general administration, secu-
rity, repairs and alterations, and other miscellaneous supplies and
expenses not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided, That funds made
available by this Act to an agency in the Administration mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office; not to exceed $3,908,000
shall be available for the Office of Assistant Secretary for Congres-
sional Relations and Intergovernmental Affairs to carry out the
programs funded by this Act, including programs involving intergov-
ernmental affairs and liaison within the executive branch; and
not to exceed $7,342,000 shall be available for the Office of Commu-
nications: Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the
Office of the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent: Provided
further, That not to exceed $22,000 of the amount made available
under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses,
not otherwise provided for, as determined by the Secretary: Provided
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Reimbursements. further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1187
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551–558: Provided further,
That funds made available under this heading for the Office of
the Assistant Secretary for Congressional Relations and Intergov-
ernmental Affairs may be transferred to agencies of the Department
of Agriculture funded by this Act to maintain personnel at the
agency level: Provided further, That no funds made available under Time period.
this heading for the Office of Assistant Secretary for Congressional Notification.
Relations may be obligated after 30 days from the date of enactment
of this Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of
these funds by USDA agency: Provided further, That during any Notification.
30 day notification period referenced in section 716 of this Act, Time period.
the Secretary of Agriculture shall take no action to begin
implementation of the action that is subject to section 716 of this
Act or make any public announcement of such action in any form.
EXECUTIVE OPERATIONS
OFFICE OF THE CHIEF ECONOMIST
For necessary expenses of the Office of the Chief Economist,
$24,192,000, of which $8,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155.
OFFICE OF HEARINGS AND APPEALS
For necessary expenses of the Office of Hearings and Appeals,
$15,394,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $9,629,000.
OFFICE OF THE CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, $66,814,000, of which not less than $56,000,000 is for
cybersecurity requirements of the department.
OFFICE OF THE CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, $6,109,000.
OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS
For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $908,000: Provided, That funds made available
by this Act to an agency in the Civil Rights mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
OFFICE OF CIVIL RIGHTS
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For necessary expenses of the Office of Civil Rights,
$22,789,000.
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134 STAT. 1188 PUBLIC LAW 116–260—DEC. 27, 2020
AGRICULTURE BUILDINGS AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agri-
culture buildings and facilities, and for related costs, $108,124,000,
to remain available until expended.
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Com-
pensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), $6,514,000, to remain
available until expended: Provided, That appropriations and funds
available herein to the Department for Hazardous Materials
Management may be transferred to any agency of the Department
for its use in meeting all requirements pursuant to the above
Acts on Federal and non-Federal lands.
OFFICE OF SAFETY, SECURITY, AND PROTECTION
For necessary expenses of the Office of Safety, Security, and
Protection, $23,218,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95–452; 5 U.S.C. App.), $99,912,000, including
such sums as may be necessary for contracting and other arrange-
ments with public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978 (Public Law 95–452;
5 U.S.C. App.), and including not to exceed $125,000 for certain
confidential operational expenses, including the payment of inform-
ants, to be expended under the direction of the Inspector General
pursuant to the Inspector General Act of 1978 (Public Law 95–
452; 5 U.S.C. App.) and section 1337 of the Agriculture and Food
Act of 1981 (Public Law 97–98).
OFFICE OF THE GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$45,390,000.
OFFICE OF ETHICS
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For necessary expenses of the Office of Ethics, $4,184,000.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1189
OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION, AND
ECONOMICS
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $809,000: Provided, That
funds made available by this Act to an agency in the Research,
Education, and Economics mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$85,476,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $183,921,000, of which up to $46,300,000 shall be available
until expended for the Census of Agriculture: Provided, That Surveys.
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests trans-
ferred out of Federal ownership, $1,491,784,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations here- 7 USC 2254.
under shall be available pursuant to 7 U.S.C. 2250 for the construc-
tion, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $500,000, except for headhouses or greenhouses
which shall each be limited to $1,800,000, except for 10 buildings
to be constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a cost
not to exceed $3,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever
is greater: Provided further, That appropriations hereunder shall Contracts.
be available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be
owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: Provided further, That the limitations on alterations Maryland.
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contained in this Act shall not apply to modernization or replace-
ment of existing facilities at Beltsville, Maryland: Provided further,
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134 STAT. 1190 PUBLIC LAW 116–260—DEC. 27, 2020
That appropriations hereunder shall be available for granting ease-
ments at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replace-
ment of buildings needed to carry out the Act of April 24, 1948
Easements. (21 U.S.C. 113a): Provided further, That appropriations hereunder
shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by, and acceptable to, the Agricul-
tural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Sec-
retary, subject to the availability of funds herein, if the Secretary
finds that acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized
by law.
BUILDINGS AND FACILITIES
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
the Department of Agriculture, where not otherwise provided,
$35,700,000 to remain available until expended, of which
$11,200,000 shall be allocated for ARS facilities co-located with
university partners.
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for coopera-
tive forestry and other research, for facilities, and for other
expenses, $992,642,000, which shall be for the purposes, and in
the amounts, specified in the table titled ‘‘National Institute of
Food and Agriculture, Research and Education Activities’’ in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, Hispanic serving institutions education grants, capacity
building for non-land-grant colleges of agriculture, the agriculture
and food research initiative, veterinary medicine loan repayment,
multicultural scholars, graduate fellowship and institution chal-
lenge grants, and grants management systems shall remain avail-
able until expended: Provided further, That each institution eligible
to receive funds under the Evans-Allen program receives no less
Grants. than $1,000,000: Provided further, That funds for education grants
Alaska. for Alaska Native and Native Hawaiian-serving institutions be
Hawaii. made available to individual eligible institutions or consortia of
eligible institutions with funds awarded equally to each of the
States of Alaska and Hawaii: Provided further, That funds for
education grants for 1890 institutions shall be made available to
institutions eligible to receive funds under 7 U.S.C. 3221 and 3222:
Provided further, That not more than 5 percent of the amounts
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made available by this or any other Act to carry out the Agriculture
and Food Research Initiative under 7 U.S.C. 3157 may be retained
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1191
by the Secretary of Agriculture to pay administrative costs incurred
by the Secretary in carrying out that authority.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund author-
ized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $538,447,000, which shall be for the purposes,
and in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Extension Activities’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That funds for facility improve-
ments at 1890 institutions shall remain available until expended:
Provided further, That institutions eligible to receive funds under
7 U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative extension
under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b)
and (c)) and section 208(c) of Public Law 93–471 shall be available
for retirement and employees’ compensation costs for extension
agents.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs, including necessary administrative expenses,
$39,000,000, which shall be for the purposes, and in the amounts,
specified in the table titled ‘‘National Institute of Food and Agri-
culture, Integrated Activities’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for the Food and Agriculture
Defense Initiative shall remain available until September 30, 2022:
Provided further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
OFFICE OF THE UNDER SECRETARY FOR MARKETING AND
REGULATORY PROGRAMS
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $809,000: Provided, That
funds made available by this Act to an agency in the Marketing
and Regulatory Programs mission area for salaries and expenses
are available to fund up to one administrative support staff for
the Office.
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134 STAT. 1192 PUBLIC LAW 116–260—DEC. 27, 2020
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Animal and Plant Health Inspec-
tion Service, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980
(22 U.S.C. 4085), $1,064,179,000, of which $478,000, to remain
available until expended, shall be available for the control of out-
breaks of insects, plant diseases, animal diseases and for control
of pest animals and birds (‘‘contingency fund’’) to the extent nec-
essary to meet emergency conditions; of which $13,597,000, to
remain available until expended, shall be used for the cotton pests
program, including for cost share purposes or for debt retirement
for active eradication zones; of which $38,093,000, to remain avail-
able until expended, shall be for Animal Health Technical Services;
of which $2,009,000 shall be for activities under the authority
of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831);
of which $63,213,000, to remain available until expended, shall
be used to support avian health; of which $4,251,000, to remain
available until expended, shall be for information technology infra-
structure; of which $196,553,000, to remain available until
expended, shall be for specialty crop pests; of which, $10,942,000,
to remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $19,620,000, to remain avail-
able until expended, shall be for zoonotic disease management;
of which $41,268,000, to remain available until expended, shall
be for emergency preparedness and response; of which $60,456,000,
to remain available until expended, shall be for tree and wood
pests; of which $5,736,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for the
scrapie program for indemnities; of which $2,500,000, to remain
available until expended, shall be for the wildlife damage manage-
ment program for aviation safety: Provided, That of amounts avail-
able under this heading for wildlife services methods development,
$1,000,000 shall remain available until expended: Provided further,
Kansas. That of amounts available under this heading for the screwworm
program, $4,990,000 shall remain available until expended; of which
$20,252,000, to remain available until expended, shall be used
to carry out the science program and transition activities for the
National Bio and Agro-defense Facility located in Manhattan,
Brucellosis Kansas: Provided further, That no funds shall be used to formulate
eradication. or administer a brucellosis eradication program for the current
fiscal year that does not require minimum matching by the States
of at least 40 percent: Provided further, That this appropriation
shall be available for the purchase, replacement, operation, and
maintenance of aircraft: Provided further, That in addition, in emer-
gencies which threaten any segment of the agricultural production
industry of the United States, the Secretary may transfer from
other appropriations or funds available to the agencies or corpora-
tions of the Department such sums as may be deemed necessary,
to be available only in such emergencies for the arrest and eradi-
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cation of contagious or infectious disease or pests of animals,
poultry, or plants, and for expenses in accordance with sections
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1193
10411 and 10417 of the Animal Health Protection Act (7 U.S.C.
8310 and 8316) and sections 431 and 442 of the Plant Protection
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of
funds transferred for such emergency purposes in the preceding
fiscal year shall be merged with such transferred amounts: Provided
further, That appropriations hereunder shall be available pursuant
to law (7 U.S.C. 2250) for the repair and alteration of leased
buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2021, the agency is authorized to collect fees Fees.
to cover the total costs of providing technical assistance, goods, Reimbursement.
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain avail-
able until expended, without further appropriation, for providing
such assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 2268a,
$3,175,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For necessary expenses of the Agricultural Marketing Service,
$188,358,000, of which $6,000,000 shall be available for the pur-
poses of section 12306 of Public Law 113–79: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250)
for the alteration and repair of buildings and improvements, but
the cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization activities, Fees.
as established by regulation pursuant to law (31 U.S.C. 9701),
except for the cost of activities relating to the development or
maintenance of grain standards under the United States Grain
Standards Act, 7 U.S.C. 71 et seq.
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $61,227,000 (from fees collected) shall be obli-
gated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrol- Notification.
lable events occur, the agency may exceed this limitation by up
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to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
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134 STAT. 1194 PUBLIC LAW 116–260—DEC. 27, 2020
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.); (2) transfers otherwise provided in this Act; and
(3) not more than $20,705,000 for formulation and administration
of marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961 (Public Law 87–128).
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activi-
ties under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,235,000.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $55,000,000 (from fees collected) shall be obli-
gated during the current fiscal year for inspection and weighing
Notification. services: Provided, That if grain export activities require additional
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
For necessary expenses of the Office of the Under Secretary
for Food Safety, $809,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one administrative
support staff for the Office.
FOOD SAFETY AND INSPECTION SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$10,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,075,703,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accredita-
tion as authorized by section 1327 of the Food, Agriculture, Con-
servation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infra-
structure system shall remain available until expended: Provided
Employment further, That no fewer than 148 full-time equivalent positions shall
positions. be employed during fiscal year 2021 for purposes dedicated solely
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to inspections and enforcement related to the Humane Methods
of Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1195
the Food Safety and Inspection Service shall continue implementa-
tion of section 11016 of Public Law 110–246 as further clarified
by the amendments made in section 12106 of Public Law 113–
79: Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FARM PRODUCTION AND
CONSERVATION
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $916,000: Provided, That
funds made available by this Act to an agency in the Farm Produc-
tion and Conservation mission area for salaries and expenses are
available to fund up to one administrative support staff for the
Office.
FARM PRODUCTION AND CONSERVATION BUSINESS CENTER
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Production and Conserva-
tion Business Center, $231,302,000: Provided, That $60,228,000
of amounts appropriated for the current fiscal year pursuant to
section 1241(a) of the Farm Security and Rural Investment Act
of 1985 (16 U.S.C. 3841(a)) shall be transferred to and merged
with this account.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Farm Service Agency,
$1,142,924,000, of which not less than $15,000,000 shall be for
the hiring of new employees to fill vacancies and anticipated vacan-
cies at Farm Service Agency county offices and farm loan officers
and shall be available until September 30, 2022: Provided, That Notification.
not more than 50 percent of the funding made available under Expenditure
plan.
this heading for information technology related to farm program Cost estimates.
delivery may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from such
Committees of, a plan for expenditure that (1) identifies for each
project/investment over $25,000 (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost for the entirety of the project/invest-
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ment, including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2) demonstrates
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134 STAT. 1196 PUBLIC LAW 116–260—DEC. 27, 2020
that each project/investment is, (a) consistent with the Farm Service
Agency Information Technology Roadmap, (b) being managed in
accordance with applicable lifecycle management policies and guid-
ance, and (c) subject to the applicable Department’s capital planning
and investment control requirements; and (3) has been reviewed
by the Government Accountability Office and approved by the
Committees on Appropriations of both Houses of Congress: Provided
Reports. further, That the agency shall submit a report by the end of the
Assessment. fourth quarter of fiscal year 2021 to the Committees on Appropria-
tions and the Government Accountability Office, that identifies
for each project/investment that is operational (a) current perform-
ance against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical metrics,
(c) current performance against a pre-established cost baseline,
(d) a detailed breakdown of current and planned spending on oper-
ational enhancements or upgrades, and (e) an assessment of
whether the investment continues to meet business needs as
intended as well as alternatives to the investment: Provided further,
That the Secretary is authorized to use the services, facilities,
and authorities (but not the funds) of the Commodity Credit Cor-
poration to make program payments for all programs administered
by the Agency: Provided further, That other funds made available
to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made avail-
able to county committees shall remain available until expended:
Provided further, That none of the funds available to the Farm
Service Agency shall be used to close Farm Service Agency county
Notification. offices: Provided further, That none of the funds available to the
Approval. Farm Service Agency shall be used to permanently relocate county
based employees that would result in an office with two or fewer
employees without prior notification and approval of the Committees
on Appropriations of both Houses of Congress.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $6,914,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to remain
available until expended: Provided, That such program is carried
out by the Secretary in the same manner as the dairy indemnity
program described in the Agriculture, Rural Development, Food
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and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1197
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 5136), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), relending program (7 U.S.C. 1936c), and Indian
highly fractionated land loans (25 U.S.C. 5136) to be available
from funds in the Agricultural Credit Insurance Fund, as follows:
$3,300,000,000 for guaranteed farm ownership loans and
$2,500,000,000 for farm ownership direct loans; $2,118,482,000 for
unsubsidized guaranteed operating loans and $1,633,333,000 for
direct operating loans; emergency loans, $37,668,000; Indian tribe
land acquisition loans, $20,000,000; guaranteed conservation loans,
$150,000,000; relending program, $33,693,000; Indian highly
fractionated land loans, $5,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary shall Pink bollworm.
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: $38,710,000
for direct farm operating loans, $23,727,000 for unsubsidized
guaranteed farm operating loans, $207,000 for emergency loans,
$5,000,000 for the relending program, and $742,000 for Indian
highly fractionated land loans, to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $307,344,000: Pro-
vided, That of this amount, $294,114,000 shall be transferred to
and merged with the appropriation for ‘‘Farm Service Agency, Sala-
ries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insur-
ance Program Account for farm ownership, operating and conserva-
tion direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations Notification.
of both Houses of Congress are notified at least 15 days in advance Time period.
of any transfer.
RISK MANAGEMENT AGENCY
SALARIES AND EXPENSES
For necessary expenses of the Risk Management Agency,
$60,131,000: Provided, That $1,000,000 of the amount appropriated
under this heading in this Act shall be available for compliance
and integrity activities required under section 516(b)(2)(C) of the
Federal Crop Insurance Act of 1938 (7 U.S.C. 1516(b)(2)(C)), and
shall be in addition to amounts otherwise provided for such purpose:
Provided further, That not to exceed $1,000 shall be available
for official reception and representation expenses, as authorized
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by 7 U.S.C. 1506(i).
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134 STAT. 1198 PUBLIC LAW 116–260—DEC. 27, 2020
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemi-
nation of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 2268a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $832,727,000,
to remain available until September 30, 2022: Provided, That appro-
priations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improve-
ments at plant materials centers, except that the cost of alterations
and improvements to other buildings and other public improvements
shall not exceed $250,000: Provided further, That when buildings
or other structures are erected on non-Federal land, that the right
to use such land is obtained as provided in 7 U.S.C. 2250a: Provided
further, That of the amounts made available under this heading,
$3,000,000 shall remain available until expended for planning and
implementation assistance associated with land treatment measures
that address flood damage reduction, bank stabilization and erosion
control in the watersheds identified under section 13 of the Flood
Control Act of December 22, 1944 (Public Law 78–534).
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations, engineering
operations, works of improvement, and changes in use of land,
in accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with
the provisions of laws relating to the activities of the Department,
Applicability. $175,000,000, to remain available until expended: Provided, That
for funds provided by this Act or any other prior Act, the limitation
regarding the size of the watershed or subwatershed exceeding
two hundred and fifty thousand acres in which such activities
can be undertaken shall only apply for activities undertaken for
the primary purpose of flood prevention (including structural and
land treatment measures): Provided further, That of the amounts
made available under this heading, $65,000,000 shall be allocated
to projects and activities that can commence promptly following
enactment; that address regional priorities for flood prevention,
agricultural water management, inefficient irrigation systems, fish
and wildlife habitat, or watershed protection; or that address
authorized ongoing projects under the authorities of section 13
of the Flood Control Act of December 22, 1944 (Public Law 78–
534) with a primary purpose of watershed protection by preventing
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floodwater damage and stabilizing stream channels, tributaries,
and banks to reduce erosion and sediment transport: Provided
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1199
further, That of the amounts made available under this heading,
$10,000,000 shall remain available until expended for the authori-
ties under 16 U.S.C. 1001–1005 and 1007–1009 for authorized
ongoing watershed projects with a primary purpose of providing
water to rural communities.
WATERSHED REHABILITATION PROGRAM
Under the authorities of section 14 of the Watershed Protection
and Flood Prevention Act, $10,000,000 is provided.
CORPORATIONS Contracts.
The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
to fiscal year limitations as provided by section 104 of the Govern-
ment Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $15,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
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U.S.C. 9607(g)), and section 6001 of the Solid Waste Disposal Act
(42 U.S.C. 6961).
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134 STAT. 1200 PUBLIC LAW 116–260—DEC. 27, 2020
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT
For necessary expenses of the Office of the Under Secretary
for Rural Development, $812,000: Provided, That funds made avail-
able by this Act to an agency in the Rural Development mission
area for salaries and expenses are available to fund up to one
administrative support staff for the Office.
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and oper-
ation of agricultural cooperatives; and for cooperative agreements;
$264,024,000: Provided, That notwithstanding any other provision
of law, funds appropriated under this heading may be used for
advertising and promotional activities that support Rural Develop-
ment programs: Provided further, That in addition to any other
funds appropriated for purposes authorized by section 502(i) of
the Housing Act of 1949 (42 U.S.C. 1472(i)), any amounts collected
under such section, as amended by this Act, will immediately be
credited to this account and will remain available until expended
for such purposes.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,000,000,000 shall be for direct loans and
$24,000,000,000 shall be for unsubsidized guaranteed loans;
$28,000,000 for section 504 housing repair loans; $40,000,000 for
section 515 rental housing; $230,000,000 for section 538 guaranteed
multi-family housing loans; $10,000,000 for credit sales of single
family housing acquired property; $5,000,000 for section 523 self-
help housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, as follows: section 502 loans, $55,400,000
shall be for direct loans; section 504 housing repair loans,
$2,215,000; section 523 self-help housing land development loans,
$269,000; section 524 site development loans, $355,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
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Fees. $6,688,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1201
the Secretary may charge or adjust any fees to cover the projected
cost of such loan guarantees pursuant to the provisions of the
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest
on such loans may not be subsidized: Provided further, That
applicants in communities that have a current rural area waiver
under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section
502 guaranteed loans provided under this heading: Provided further,
That of the amounts available under this paragraph for section Deadline.
502 direct loans, no less than $5,000,000 shall be available for
direct loans for individuals whose homes will be built pursuant
to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June
1, 2021: Provided further, That the Secretary shall implement provi- Incentives.
sions to provide incentives to nonprofit organizations and public Determination.
housing authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep
such properties in the RHS multifamily housing program for a
period of time as determined by the Secretary, with such incentives
to include, but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on Invest-
ment on their own resources to include proceeds from low income
housing tax credit syndication, own contributions, grants, and devel-
oper loans at favorable rates and terms, invested in a deal; and
allow reimbursement of organizational costs associated with owner’s
oversight of asset referred to as ‘‘Asset Management Fee’’ of up
to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by sections 514 and 516 of the Housing Act of 1949
(42 U.S.C. 1484, 1486), $15,093,000, to remain available until
expended, for direct farm labor housing loans and domestic farm
labor housing grants and contracts: Provided, That any balances
available for the Farm Labor Program Account shall be transferred
to and merged with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be transferred to and merged with the appropriation for ‘‘Rural
Development, Salaries and Expenses’’.
RENTAL ASSISTANCE PROGRAM Time periods.
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the Housing
Act of 1949 or agreements entered into in lieu of debt forgiveness
or payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $1,410,000,000, of which
$40,000,000 shall be available until September 30, 2022; and in
addition such sums as may be necessary, as authorized by section
521(c) of the Act, to liquidate debt incurred prior to fiscal year
1992 to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That rental assistance agreements
entered into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That upon request
by an owner of a project financed by an existing loan under section
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514 or 515 of the Act, the Secretary may renew the rental assistance
agreement for a period of 20 years or until the term of such
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134 STAT. 1202 PUBLIC LAW 116–260—DEC. 27, 2020
loan has expired, subject to annual appropriations: Provided further,
That any unexpended balances remaining at the end of such one-
year agreements may be transferred and used for purposes of any
debt reduction, maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities authorized
under title V of the Act: Provided further, That rental assistance
provided under agreements entered into prior to fiscal year 2021
for a farm labor multi-family housing project financed under section
514 or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a period
of 12 consecutive months, if such project has a waiting list of
tenants seeking such assistance or the project has rental assistance
eligible tenants who are not receiving such assistance: Provided
Applicability. further, That such recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family housing
project financed under section 514 or 516 of the Act: Provided
Determination. further, That except as provided in the fourth proviso under this
heading and notwithstanding any other provision of the Act, the
Secretary may recapture rental assistance provided under agree-
ments entered into prior to fiscal year 2021 for a project that
the Secretary determines no longer needs rental assistance and
use such recaptured funds for current needs.
Vouchers. MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
Loans.
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding sub-
section (b) of such section, and for additional costs to conduct
a demonstration program for the preservation and revitalization
of multi-family rental housing properties described in this para-
graph, $68,000,000, to remain available until expended: Provided,
That of the funds made available under this heading, $40,000,000,
shall be available for rural housing vouchers to any low-income
household (including those not receiving rental assistance) residing
in a property financed with a section 515 loan which has been
prepaid after September 30, 2005: Provided further, That the
amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for
such vouchers shall be subject to the availability of annual appro-
priations: Provided further, That the Secretary shall, to the max-
imum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8
housing vouchers administered by the Secretary of the Department
Determination. of Housing and Urban Development: Provided further, That if the
Secretary determines that the amount made available for vouchers
in this or any other Act is not needed for vouchers, the Secretary
may use such funds for the demonstration program for the preserva-
tion and revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the funds
made available under this heading, $28,000,000 shall be available
for a demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing prop-
erties to restructure existing USDA multi-family housing loans,
as the Secretary deems appropriate, expressly for the purposes
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of ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable housing
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1203
for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial assistance
including advances, payments and incentives (including the ability
of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as Contracts.
part of the preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the restruc-
turing: Provided further, That if the Secretary determines that Determination.
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further, That Advance
if Congress enacts legislation to permanently authorize a multi- approval.
family rental housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use
funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval of
the Committees on Appropriations of both Houses of Congress:
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for adminis-
trative expenses for activities funded under this heading.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and 1490m, $45,000,000, to remain available
until expended.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,800,000,000 for direct loans and $500,000,000 for guaranteed
loans.
For the cost of direct loans, loan guarantees and grants,
including the cost of modifying loans, as defined in section 502
of the Congressional Budget Act of 1974, for rural community
facilities programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $74,000,000, to remain available until expended: Provided,
That $6,000,000 of the amount appropriated under this heading
shall be available for a Rural Community Development Initiative:
Provided further, That such funds shall be used solely to develop
the capacity and ability of private, nonprofit community-based
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housing and community development organizations, low-income
rural communities, and Federally Recognized Native American
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134 STAT. 1204 PUBLIC LAW 116–260—DEC. 27, 2020
Tribes to undertake projects to improve housing, community facili-
ties, community and economic development projects in rural areas:
Provided further, That such funds shall be made available to quali-
fied private, nonprofit and public intermediary organizations pro-
posing to carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall pro-
vide matching funds from other sources, including Federal funds
for related activities, in an amount not less than funds provided:
Provided further, That $6,000,000 of the amount appropriated under
this heading shall be to provide grants for facilities in rural commu-
nities with extreme unemployment and severe economic depression
(Public Law 106–387), with up to 5 percent for administration
and capacity building in the State rural development offices: Pro-
Loans. vided further, That of the amount appropriated under this heading,
$25,000,000 shall be available to cover the subsidy costs for loans
or loan guarantees under this heading: Provided further, That if
any such funds remain unobligated for the subsidy costs after
June 30, 2021, the unobligated balance may be transferred to the
Loans. grant programs funded under this heading: Provided further, That
any unobligated balances from prior year appropriations under
this heading for the cost of direct loans, loan guarantees and grants,
including amounts deobligated or cancelled, may be made available
to cover the subsidy costs for direct loans and or loan guarantees
under this heading in this fiscal year: Provided further, That no
amounts may be made available pursuant to the preceding proviso
from amounts that were designated by the Congress as an emer-
gency requirement pursuant to a Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That $5,000,000 of the amount appro-
priated under this heading shall be available for community facili-
ties grants to tribal colleges, as authorized by section 306(a)(19)
of such Act: Provided further, That sections 381E–H and 381N
of the Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading.
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of loan guarantees and grants, for the rural busi-
ness development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B of
the Consolidated Farm and Rural Development Act, $56,400,000,
to remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall be
made available for one grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development and $9,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et seq.),
and the Appalachian Regional Commission (40 U.S.C. 14101 et
seq.) for any Rural Community Advancement Program purpose
as described in section 381E(d) of the Consolidated Farm and Rural
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Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That $4,000,000 of
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1205
the amount appropriated under this heading shall be for business
grants to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development: Provided further, That of the
amount appropriated under this heading, not to exceed $2,000,000
shall be for Rural Business Development Grants in rural coastal
communities, with priority given to National Scenic Areas that
were devastated by wildfires that are in need of economic develop-
ment assistance, to support innovation and job growth: Provided
further, That sections 381E–H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to funds made avail-
able under this heading.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $2,939,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $557,000 shall be available through June 30, 2021, for
Federally Recognized Native American Tribes; and of which
$1,072,000 shall be available through June 30, 2021, for Mississippi
Delta Region counties (as determined in accordance with Public
Law 100–460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with
the appropriation for ‘‘Rural Development, Salaries and Expenses’’.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
For the principal amount of direct loans, as authorized under
section 313B(a) of the Rural Electrification Act, for the purpose
of promoting rural economic development and job creation projects,
$50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural eco-
nomic development and job creation projects shall not exceed
$10,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $26,600,000, of which $2,800,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $3,000,000
shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvan-
taged groups and a majority of the boards of directors or governing
whamilton on LAP1Z6H6L3PROD with STATUTES
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $15,000,000, to
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134 STAT. 1206 PUBLIC LAW 116–260—DEC. 27, 2020
remain available until expended, shall be for value-added agricul-
tural product market development grants, as authorized by section
210A of the Agricultural Marketing Act of 1946, of which
$3,000,000, to remain available until expended, shall be for Agri-
culture Innovation Centers authorized pursuant to section 6402
of Public Law 107–171.
RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
For the cost of loans and grants, $6,000,000 under the same
terms and conditions as authorized by section 379E of the Consoli-
dated Farm and Rural Development Act (7 U.S.C. 2008s): Provided,
That such costs of loans, including the cost of modifying such
loans, shall be defined in section 502 of the Congressional Budget
Act of 1974.
RURAL ENERGY FOR AMERICA PROGRAM
For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$392,000: Provided, That the cost of loan guarantees, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(2) of the Consolidated Farm and Rural Development
Act, as follows: $1,400,000,000 for direct loans; and $50,000,000
for guaranteed loans.
For the cost of loan guarantees and grants, including the cost
of modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, for rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm
and Rural Development Act, $621,567,000, to remain available until
expended, of which not to exceed $1,000,000 shall be available
for the rural utilities program described in section 306(a)(2)(B)
of such Act, and of which not to exceed $5,000,000 shall be available
for the rural utilities program described in section 306E of such
Act: Provided, That not to exceed $15,000,000 of the amount appro-
priated under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of such
Loans. Act: Provided further, That $68,000,000 of the amount appropriated
under this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural
Development Act, and Federally Recognized Native American Tribes
whamilton on LAP1Z6H6L3PROD with STATUTES
authorized by 306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1207
Development Act may be provided to a consortium formed pursuant
to section 325 of Public Law 105–83: Provided further, That not Alaska.
more than 2 percent of the funding provided for section 306D
of the Consolidated Farm and Rural Development Act may be
used by the State of Alaska for training and technical assistance
programs and not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by a consortium formed pursuant to section 325
of Public Law 105–83 for training and technical assistance pro-
grams: Provided further, That not to exceed $35,000,000 of the Determination.
amount appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant to
section 306(a)(14) of such Act, unless the Secretary makes a deter-
mination of extreme need, of which $8,000,000 shall be made avail-
able for a grant to a qualified nonprofit multi-State regional tech-
nical assistance organization, with experience in working with small
communities on water and waste water problems, the principal
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste water
systems, and of which not less than $800,000 shall be for a qualified
national Native American organization to provide technical assist-
ance for rural water systems for tribal communities: Provided fur-
ther, That not to exceed $20,157,000 of the amount appropriated Contracts.
under this heading shall be for contracting with qualified national
organizations for a circuit rider program to provide technical assist-
ance for rural water systems: Provided further, That not to exceed
$4,000,000 of the amounts made available under this heading shall
be for solid waste management grants: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a): Provided further, That any prior year balances for high-
energy cost grants authorized by section 19 of the Rural Electrifica-
tion Act of 1936 (7 U.S.C. 918a) shall be transferred to and merged
with the Rural Utilities Service, High Energy Cost Grants Account:
Provided further, That sections 381E–H and 381N of the Consoli-
dated Farm and Rural Development Act are not applicable to the
funds made available under this heading.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The principal amount of direct and guaranteed loans as author-
ized by sections 305, 306, and 317 of the Rural Electrification
Act of 1936 (7 U.S.C. 935, 936, and 940g) shall be made as follows:
loans made pursuant to sections 305, 306, and 317, notwithstanding
317(c), of that Act, rural electric, $5,500,000,000; guaranteed under-
writing loans pursuant to section 313A of that Act, $750,000,000;
5 percent rural telecommunications loans, cost of money rural tele-
communications loans, and for loans made pursuant to section
306 of that Act, rural telecommunications loans, $690,000,000: Pro-
whamilton on LAP1Z6H6L3PROD with STATUTES
vided, That up to $2,000,000,000 shall be used for the construction,
acquisition, design and engineering or improvement of fossil-fueled
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134 STAT. 1208 PUBLIC LAW 116–260—DEC. 27, 2020
electric generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935), including the
cost of modifying loans, as defined in section 502 of the Congres-
sional Budget Act of 1974, cost of money rural telecommunications
loans, $2,277,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For the principal amount of broadband telecommunication
loans, $11,869,000.
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $60,000,000,
to remain available until expended: Provided, That $3,000,000 shall
be made available for grants authorized by section 379G of the
Consolidated Farm and Rural Development Act: Provided further,
That funding provided under this heading for grants under section
379G of the Consolidated Farm and Rural Development Act may
only be provided to entities that meet all of the eligibility criteria
for a consortium as established by this section.
For the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act, $2,000,000, to remain available
Loans. until expended: Provided, That the cost of direct loans shall be
as defined in section 502 of the Congressional Budget Act of 1974.
In addition, $35,000,000, to remain available until expended,
for the Community Connect Grant Program authorized by 7 U.S.C.
950bb–3.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION, AND
CONSUMER SERVICES
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $809,000: Provided,
That funds made available by this Act to an agency in the Food,
Nutrition and Consumer Services mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
FOOD AND NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except section
21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
whamilton on LAP1Z6H6L3PROD with STATUTES
except sections 17 and 21; $25,118,440,000 to remain available
through September 30, 2022, of which such sums as are made
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1209
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246), as amended by this
Act, shall be merged with and available for the same time period
and purposes as provided herein: Provided, That of the total amount
available, $18,004,000 shall be available to carry out section 19
of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $15,299,000 shall be Studies.
available to carry out studies and evaluations and shall remain Evaluations.
available until expended: Provided further, That of the total amount
available, $30,000,000 shall be available to provide competitive
grants to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of greater
than $1,000, needed to serve healthier meals, improve food safety,
and to help support the establishment, maintenance, or expansion
of the school breakfast program: Provided further, That of the
total amount available, $42,000,000 shall remain available until
expended to carry out section 749(g) of the Agriculture Appropria-
tions Act of 2010 (Public Law 111–80): Provided further, That
section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking
‘‘2010 through 2021’’ and inserting ‘‘2010 through 2022’’: Provided
further, That section 9(h)(3) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first
sentence by striking ‘‘For fiscal year 2020’’ and inserting ‘‘For fiscal
year 2021’’: Provided further, That section 9(h)(4) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
amended in the first sentence by striking ‘‘For fiscal year 2020’’
and inserting ‘‘For fiscal year 2021’’.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,000,000,000, to remain available
through September 30, 2022: Provided, That notwithstanding sec- Breastfeeding.
tion 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $90,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$14,000,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for
the purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in sec-
tion 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act: Provided further, That Waiver authority.
upon termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary, the
Secretary may waive the requirement at 7 CFR 246.12(g)(6) at
the request of a State agency.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $114,035,578,000, of which
whamilton on LAP1Z6H6L3PROD with STATUTES
$3,000,000,000, to remain available through September 30, 2023,
shall be placed in reserve for use only in such amounts and at
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134 STAT. 1210 PUBLIC LAW 116–260—DEC. 27, 2020
such times as may become necessary to carry out program oper-
ations: Provided, That funds provided herein shall be expended
in accordance with section 16 of the Food and Nutrition Act of
2008: Provided further, That of the funds made available under
this heading, $998,000 may be used to provide nutrition education
services to State agencies and Federally Recognized Tribes partici-
pating in the Food Distribution Program on Indian Reservations:
Workfare. Provided further, That this appropriation shall be subject to any
work registration or workfare requirements as may be required
by law: Provided further, That funds made available for Employ-
ment and Training under this heading shall remain available
through September 30, 2022: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2022: Provided further, That with
respect to funds made available under this heading for section
28(d)(1), the Secretary shall use 2 percent for administration,
training and technical assistance, and pilot projects under section
28: Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
Contracts. 1183A): Provided further, That funds made available under this
Studies. heading may be used to enter into contracts and employ staff
Evaluations. to conduct studies, evaluations, or to conduct activities related
to program integrity provided that such activities are authorized
by the Food and Nutrition Act of 2008.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by sec-
tion 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as authorized
by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutri-
tion Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $426,700,000, to remain available through September
30, 2022: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2021 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2022: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 20 percent
for costs associated with the distribution of commodities.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the Food and Nutri-
tion Service for carrying out any domestic nutrition assistance
program, $156,805,000: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of Public
whamilton on LAP1Z6H6L3PROD with STATUTES
Law 107–171, as amended by section 4401 of Public Law 110–
246.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1211
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
OFFICE OF THE UNDER SECRETARY FOR TRADE AND FOREIGN
AGRICULTURAL AFFAIRS
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $887,000: Provided,
That funds made available by this Act to any agency in the Trade
and Foreign Agricultural Affairs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
OFFICE OF CODEX ALIMENTARIUS
For necessary expenses of the Office of Codex Alimentarius,
$4,805,000, including not to exceed $40,000 for official reception
and representation expenses.
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $221,835,000, of which no more than
6 percent shall remain available until September 30, 2022, for
overseas operations to include the payment of locally employed
staff: Provided, That the Service may utilize advances of funds,
or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institu-
tions under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the foreign
assistance programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and Technology
Fellowship program, and up to $2,000,000 of the Foreign Agricul-
tural Service appropriation solely for the purpose of offsetting fluc-
tuations in international currency exchange rates, subject to docu-
mentation by the Foreign Agricultural Service, shall remain avail-
able until expended.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS
PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83–480) and the Food
for Progress Act of 1985, $112,000, shall be transferred to and
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merged with the appropriation for ‘‘Farm Production and Conserva-
tion Business Center, Salaries and Expenses’’.
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134 STAT. 1212 PUBLIC LAW 116–260—DEC. 27, 2020
FOOD FOR PEACE TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Food for Peace Act (Public Law 83–480), for
commodities supplied in connection with dispositions abroad under
title II of said Act, $1,740,000,000, to remain available until
expended.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $230,000,000, to remain available until
Reimbursement. expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein: Provided further, That of the amount
made available under this heading, not more than 10 percent,
but not less than $23,000,000, shall remain available until expended
to purchase agricultural commodities as described in subsection
3107(a)(2) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1(a)(2)).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$6,381,000, to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
$6,063,000 shall be transferred to and merged with the appropria-
tion for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and
of which $318,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Production and Conservation Business
Center, Salaries and Expenses’’.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for pay-
ment of space rental and related costs pursuant to Public Law
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92–313 for programs and activities of the Food and Drug Adminis-
tration which are included in this Act; for rental of special purpose
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1213
space in the District of Columbia or elsewhere; in addition to
amounts appropriated to the FDA Innovation Account, for carrying
out the activities described in section 1002(b)(4) of the 21st Century
Cures Act (Public Law 114–255); for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by
the Secretary and to be accounted for solely on the Secretary’s
certificate, not to exceed $25,000; and notwithstanding section 521
of Public Law 107–188; $5,876,025,000: Provided, That of the
amount provided under this heading, $1,107,199,000 shall be
derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available
until expended; $236,059,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $520,208,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j–42, and shall be credited to this account and
remain available until expended; $42,494,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be credited to this account and remain available
until expended; $33,340,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j–12, and shall be credited
to this account and remain available until expended; $22,797,000
shall be derived from generic new animal drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be derived
from tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
expended: Provided further, That in addition to and notwithstanding
any other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human generic
drug user fees, biosimilar biological product user fees, animal drug
user fees, and generic new animal drug user fees that exceed
the respective fiscal year 2021 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from prescription
drug, medical device, human generic drug, biosimilar biological
product, animal drug, and generic new animal drug assessments
for fiscal year 2021, including any such fees collected prior to
fiscal year 2021 but credited for fiscal year 2021, shall be subject
to the fiscal year 2021 limitations: Provided further, That the Sec-
retary may accept payment during fiscal year 2021 of user fees
specified under this heading and authorized for fiscal year 2022,
prior to the due date for such fees, and that amounts of such
fees assessed for fiscal year 2022 for which the Secretary accepts
payment in fiscal year 2021 shall not be included in amounts
under this heading: Provided further, That none of these funds
shall be used to develop, establish, or operate any program of
user fees authorized by 31 U.S.C. 9701: Provided further, That
of the total amount appropriated: (1) $1,099,160,000 shall be for
the Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no less than
$15,000,000 shall be used for inspections of foreign seafood manufac-
turers and field examinations of imported seafood; (2)
$1,996,126,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of Regulatory
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Affairs; (3) $437,071,000 shall be for the Center for Biologics Evalua-
tion and Research and for related field activities in the Office
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134 STAT. 1214 PUBLIC LAW 116–260—DEC. 27, 2020
of Regulatory Affairs; (4) $244,350,000 shall be for the Center
for Veterinary Medicine and for related field activities in the Office
of Regulatory Affairs; (5) $609,121,000 shall be for the Center
for Devices and Radiological Health and for related field activities
in the Office of Regulatory Affairs; (6) $66,712,000 shall be for
the National Center for Toxicological Research; (7) $681,513,000
shall be for the Center for Tobacco Products and for related field
activities in the Office of Regulatory Affairs; (8) $188,707,000 shall
be for Rent and Related activities, of which $52,944,000 is for
White Oak Consolidation, other than the amounts paid to the
General Services Administration for rent; (9) $235,112,000 shall
be for payments to the General Services Administration for rent;
and (10) $318,153,000 shall be for other activities, including the
Office of the Commissioner of Food and Drugs, the Office of Food
Policy and Response, the Office of Operations, the Office of the
Chief Scientist, and central services for these offices: Provided fur-
ther, That not to exceed $25,000 of this amount shall be for official
reception and representation expenses, not otherwise provided for,
as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other activities:
Provided further, That of the amounts that are made available
under this heading for ‘‘other activities’’, and that are not derived
from user fees, $1,500,000 shall be transferred to and merged
with the appropriation for ‘‘Department of Health and Human
Services—Office of Inspector General’’ for oversight of the programs
and operations of the Food and Drug Administration and shall
be in addition to funds otherwise made available for oversight
Advance of the Food and Drug Administration: Provided further, That funds
approval. may be transferred from one specified activity to another with
the prior approval of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider
licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), medical
countermeasure priority review voucher user fees authorized by
21 U.S.C. 360bbb–4a, and fees relating to over-the-counter mono-
graph drugs authorized by 21 U.S.C. 379j–72 shall be credited
to this account, to remain available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alter-
ation, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not other-
whamilton on LAP1Z6H6L3PROD with STATUTES
wise provided, $12,788,000, to remain available until expended.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1215
FDA INNOVATION ACCOUNT, CURES ACT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in addition
to amounts available for such purposes under the heading ‘‘Salaries
and Expenses’’, $70,000,000, to remain available until expended:
Provided, That amounts appropriated in this paragraph are appro-
priated pursuant to section 1002(b)(3) of the 21st Century Cures
Act, are to be derived from amounts transferred under section
1002(b)(2)(A) of such Act, and may be transferred by the Commis-
sioner of Food and Drugs to the appropriation for ‘‘Department
of Health and Human Services Food and Drug Administration
Salaries and Expenses’’ solely for the purposes provided in such
Act: Provided further, That upon a determination by the Commis- Determination.
sioner that funds transferred pursuant to the previous proviso
are not necessary for the purposes provided, such amounts may
be transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer authority
provided by law.
INDEPENDENT AGENCY
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $80,400,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mort-
gage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
with receiverships: Provided further, That the agency may exceed Notification.
this limitation by up to 10 percent with notification to the Commit-
tees on Appropriations of both Houses of Congress: Provided further,
That the purposes of section 3.7(b)(2)(A)(i) of the Farm Credit
Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm Credit Administra-
tion may exempt, an amount in its sole discretion, from the applica-
tion of the limitation provided in that clause of export loans
described in the clause guaranteed or insured in a manner other
than described in subclause (II) of the clause.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
SEC. 701. The Secretary may use any appropriations made
available to the Department of Agriculture in this Act to purchase
new passenger motor vehicles, in addition to specific appropriations
for this purpose, so long as the total number of vehicles purchased
in fiscal year 2021 does not exceed the number of vehicles owned
or leased in fiscal year 2018: Provided, That, prior to purchasing Determination.
additional motor vehicles, the Secretary must determine that such
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vehicles are necessary for transportation safety, to reduce oper-
ational costs, and for the protection of life, property, and public
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134 STAT. 1216 PUBLIC LAW 116–260—DEC. 27, 2020
Notification. safety: Provided further, That the Secretary may not increase the
Approval. Department of Agriculture’s fleet above the 2018 level unless the
Deadline. Secretary notifies in writing, and receives approval from, the
Committees on Appropriations of both Houses of Congress within
30 days of the notification.
Notifications. SEC. 702. Notwithstanding any other provision of this Act,
Advance the Secretary of Agriculture may transfer unobligated balances
approvals. of discretionary funds appropriated by this Act or any other avail-
able unobligated discretionary balances that are remaining avail-
able of the Department of Agriculture to the Working Capital Fund
for the acquisition of plant and capital equipment necessary for
the delivery of financial, administrative, and information technology
services of primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency adminis-
trator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department’s Working Capital Fund
shall be available for obligation or expenditure to make any changes
to the Department’s National Finance Center without written
notification to and prior approval of the Committees on Appropria-
tions of both Houses of Congress as required by section 716 of
this Act: Provided further, That none of the funds appropriated
by this Act or made available to the Department’s Working Capital
Fund shall be available for obligation or expenditure to initiate,
plan, develop, implement, or make any changes to remove or
relocate any systems, missions, personnel, or functions of the offices
of the Chief Financial Officer and the Chief Information Officer,
co-located with or from the National Finance Center prior to written
notification to and prior approval of the Committee on Appropria-
tions of both Houses of Congress and in accordance with the require-
ments of section 716 of this Act: Provided further, That the National
Finance Center Information Technology Services Division personnel
and data center management responsibilities, and control of any
functions, missions, and systems for current and future human
resources management and integrated personnel and payroll sys-
tems (PPS) and functions provided by the Chief Financial Officer
and the Chief Information Officer shall remain in the National
Finance Center and under the management responsibility and
administrative control of the National Finance Center: Provided
further, That the Secretary of Agriculture and the offices of the
Chief Financial Officer shall actively market to existing and new
Departments and other government agencies National Finance
Center shared services including, but not limited to, payroll, finan-
cial management, and human capital shared services and allow
the National Finance Center to perform technology upgrades: Pro-
vided further, That of annual income amounts in the Working
Capital Fund of the Department of Agriculture attributable to the
amounts in excess of the true costs of the shared services provided
by the National Finance Center and budgeted for the National
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Finance Center, the Secretary shall reserve not more than 4 percent
for the replacement or acquisition of capital equipment, including
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1217
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services, and
other systems of the National Finance Center or to pay any unfore-
seen, extraordinary cost of the National Finance Center: Provided
further, That none of the amounts reserved shall be available for
obligation unless the Secretary submits written notification of the
obligation to the Committees on Appropriations of both Houses
of Congress: Provided further, That the limitations on the obligation Determination.
of funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the Secretary,
is necessary to respond to a declared state of emergency that
significantly impacts the operations of the National Finance Center;
or to evacuate employees of the National Finance Center to a
safe haven to continue operations of the National Finance Center.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 704. No funds appropriated by this Act may be used Contracts.
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institu-
tions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 705. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
SEC. 706. None of the funds made available to the Department Determination.
of Agriculture by this Act may be used to acquire new information Approvals.
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That Notification.
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be trans-
ferred to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on Appro-
priations of both Houses of Congress: Provided further, That, not-
withstanding section 11319 of title 40, United States Code, none
of the funds available to the Department of Agriculture for informa-
tion technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the Chief
Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
the performance of an agency measured against the performance
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plan requirements described in the explanatory statement accom-
panying Public Law 113–235.
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134 STAT. 1218 PUBLIC LAW 116–260—DEC. 27, 2020
SEC. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations
made in the current fiscal year.
SEC. 708. Notwithstanding any other provision of law, any
former Rural Utilities Service borrower that has repaid or prepaid
an insured, direct or guaranteed loan under the Rural Electrification
Act of 1936, or any not-for-profit utility that is eligible to receive
an insured or direct loan under such Act, shall be eligible for
assistance under section 313B(a) of such Act in the same manner
as a borrower under such Act.
SEC. 709. (a) Except as otherwise specifically provided by law,
not more than $20,000,000 in unobligated balances from appropria-
tions made available for salaries and expenses in this Act for
the Farm Service Agency shall remain available through September
30, 2022, for information technology expenses.
(b) Except as otherwise specifically provided by law, not more
than $20,000,000 in unobligated balances from appropriations made
available for salaries and expenses in this Act for the Rural Develop-
ment mission area shall remain available through September 30,
2022, for information technology expenses.
SEC. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301–10.122 through 301–10.124 of title 41, Code of Federal Regula-
tions.
SEC. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113–79) or by a suc-
cessor to that Act, other than by title I or subtitle A of title
III of such Act, or programs for which indefinite amounts were
provided in that Act, that is authorized or required to be carried
out using funds of the Commodity Credit Corporation—
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associ-
ated with the implementation of the program, without regard
to the limitation on the total amount of allotments and fund
transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes
of applying the limitation on the total amount of allotments
and fund transfers contained in such section.
SEC. 712. Of the funds made available by this Act, not more
than $2,900,000 shall be used to cover necessary expenses of activi-
ties related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
Pornography. SEC. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary for any Federal, State, tribal, or local law enforcement agency
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or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1219
SEC. 714. Notwithstanding subsection (b) of section 14222 of
Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to
as ‘‘section 14222’’), none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to carry out a program
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c;
in this section referred to as ‘‘section 32’’) in excess of $1,359,864,000
(exclusive of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities—
$485,000,000; State Option Contracts— $5,000,000; Removal of
Defective Commodities— $2,500,000; Administration of Section 32
Commodity Purchases— $36,746,000: Provided, That of the total Notification.
funds made available in the matter preceding this proviso that Time period.
remain unobligated on October 1, 2021, such unobligated balances
shall carryover into fiscal year 2022 and shall remain available
until expended for any of the purposes of section 32, except that
any such carryover funds used in accordance with clause (3) of
section 32 may not exceed $350,000,000 and may not be obligated
until the Secretary of Agriculture provides written notification of
the expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided further,
That, with the exception of any available carryover funds authorized
in any prior appropriations Act to be used for the purposes of
clause (3) of section 32, none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries or expenses of any employee of the Department of
Agriculture to carry out clause (3) of section 32.
SEC. 715. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget submission to the Congress for programs under
the jurisdiction of the Appropriations Subcommittees on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2022 appropriations Act.
SEC. 716. (a) None of the funds provided by this Act, or provided Notifications.
by previous appropriations Acts to the agencies funded by this Approvals.
Act that remain available for obligation or expenditure in the cur- Time periods.
rent fiscal year, or provided from any accounts in the Treasury
derived by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure through
a reprogramming, transfer of funds, or reimbursements as author-
ized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
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restricted;
(4) relocates an office or employees;
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134 STAT. 1220 PUBLIC LAW 116–260—DEC. 27, 2020
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies
in writing and receives approval from the Committees on Appro-
priations of both Houses of Congress at least 30 days in advance
of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in excess
of $500,000 or 10 percent, whichever is less, that—
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies
in writing and receives approval from the Committees on Appro-
priations of both Houses of Congress at least 30 days in advance
of the reprogramming or transfer of such funds or the use
of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of Congress
before implementing any program or activity not carried out during
the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for—
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant posi-
tions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request;
unless the agencies funded by this Act notify, in writing,
the Committees on Appropriations of both Houses of Congress
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at least 30 days in advance of using the funds for these pur-
poses.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1221
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the Secretary
of Health and Human Services receives from the Committee on
Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this
section.
SEC. 717. Notwithstanding section 310B(g)(5) of the Consoli- Fees.
dated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business
and industry loan in an amount that does not exceed 3 percent
of the guaranteed principal portion of the loan.
SEC. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, or the Farm Credit Administration shall be used
to transmit or otherwise make available reports, questions, or
responses to questions that are a result of information requested
for the appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services, or
non-Farm Credit Administration employee.
SEC. 719. Unless otherwise authorized by existing law, none News stories.
of the funds provided in this Act, may be used by an executive Notification.
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 pre-
packaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
SEC. 720. No employee of the Department of Agriculture may Time period.
be detailed or assigned from an agency or office funded by this Reimbursement.
Act or any other Act to any other agency or office of the Department
for more than 60 days in a fiscal year unless the individual’s
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee for
the period of assignment.
SEC. 721. Not later than 30 days after the date of enactment Deadline.
of this Act, the Secretary of Agriculture, the Commissioner of the Spending plan.
Food and Drug Administration, and the Chairman of the Farm
Credit Administration shall submit to the Committees on Appropria-
tions of both Houses of Congress a detailed spending plan by
program, project, and activity for all the funds made available
under this Act including appropriated user fees, as defined in the
explanatory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act).
SEC. 722. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$1,250,000,000 are hereby rescinded: Provided, That no amounts
may be rescinded from amounts that were designated by the Con-
gress as an emergency requirement pursuant to a Concurrent Reso-
lution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 723. For the purposes of determining eligibility or level Determination.
of program assistance for Rural Development programs the Sec- Prisons and
prisoners.
retary shall not include incarcerated prison populations.
SEC. 724. For loans and loan guarantees that do not require Loans.
budget authority and the program level has been established in
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this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
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134 STAT. 1222 PUBLIC LAW 116–260—DEC. 27, 2020
Notification. percent: Provided, That prior to the Secretary implementing such
Time period. an increase, the Secretary notifies, in writing, the Committees
on Appropriations of both Houses of Congress at least 15 days
in advance.
Notification. SEC. 725. None of the credit card refunds or rebates transferred
Advance to the Working Capital Fund pursuant to section 729 of the Agri-
approval.
culture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public
Law 107–76) shall be available for obligation without written
notification to, and the prior approval of, the Committees on Appro-
priations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only
for the acquisition of plant and capital equipment necessary for
the delivery of financial, administrative, and information technology
services, including cloud adoption and migration, of primary benefit
to the agencies of the Department of Agriculture.
Regulations. SEC. 726. None of the funds made available by this Act may
be used to implement, administer, or enforce the ‘‘variety’’ require-
ments of the final rule entitled ‘‘Enhancing Retailer Standards
in the Supplemental Nutrition Assistance Program (SNAP)’’ pub-
lished by the Department of Agriculture in the Federal Register
on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary
of Agriculture amends the definition of the term ‘‘variety’’ as de
fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regula-
tions, and ‘‘variety’’ as applied in the definition of the term ‘‘staple
food’’ as defined in section 271.2 of title 7, Code of Federal Regula-
tions, to increase the number of items that qualify as acceptable
varieties in each staple food category so that the total number
of such items in each staple food category exceeds the number
of such items in each staple food category included in the final
Applicability. rule as published on December 15, 2016: Provided, That until
Effective date. the Secretary promulgates such regulatory amendments, the Sec-
retary shall apply the requirements regarding acceptable varieties
and breadth of stock to Supplemental Nutrition Assistance Program
retailers that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113–79).
SEC. 727. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed
under such section and eligible lenders for such loans as the Sec-
retary has under subsections (h) and (j) of section 538 of such
Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under
such section 538 and eligible lenders for such loans.
Health and SEC. 728. None of the funds made available by this Act may
health care. be used to propose, promulgate, or implement any rule, or take
Electronic any other action with respect to, allowing or requiring information
records.
intended for a prescribing health care professional, in the case
of a drug or biological product subject to section 503(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to
be distributed to such professional electronically (in lieu of in paper
form) unless and until a Federal law is enacted to allow or require
such distribution.
Regulations. SEC. 729. None of the funds made available by this or any
whamilton on LAP1Z6H6L3PROD with STATUTES
Alcohol and other Act may be used to carry out the final rule promulgated
alcoholic by the Food and Drug Administration and put into effect November
beverages.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1223
16, 2015, in regards to the hazard analysis and risk-based preven-
tive control requirements of the current good manufacturing prac-
tice, hazard analysis, and risk-based preventive controls for food
for animals rule with respect to the regulation of the production,
distribution, sale, or receipt of dried spent grain byproducts of
the alcoholic beverage production process.
SEC. 730. There is hereby appropriated $11,000,000, to remain
available until expended, to carry out section 6407 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Pro-
vided, That the Secretary may allow eligible entities, or comparable Loans.
entities that provide energy efficiency services using their own
billing mechanism to offer loans to customers in any part of their
service territory and to offer loans to replace a manufactured
housing unit with another manufactured housing unit, if replace-
ment would be more cost effective in saving energy.
SEC. 731. (a) The Secretary of Agriculture shall—
(1) conduct audits in a manner that evaluates the following Audits.
factors in the country or region being audited, as applicable—
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of Public
any audits or reviews conducted pursuant to subsection (1). information.
Reports.
(b) This section shall be applied in a manner consistent with Applicability.
United States obligations under its international trade agreements.
SEC. 732. None of the funds made available by this Act may
be used to implement section 3.7(f) of the Farm Credit Act of
1971 in a manner inconsistent with section 343(a)(13) of the Consoli-
dated Farm and Rural Development Act.
SEC. 733. None of the funds made available by this Act may
be used to carry out any activities or incur any expense related
to the issuance of licenses under section 3 of the Animal Welfare
Act (7 U.S.C. 2133), or the renewal of such licenses, to class B
dealers who sell dogs and cats for use in research, experiments,
teaching, or testing.
SEC. 734. (a)(1) No Federal funds made available for this fiscal Iron and steel
year for the rural water, waste water, waste disposal, and solid products.
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926 et seq.) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water or wastewater system unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ‘‘iron and steel products’’ means Definition.
the following products made primarily of iron or steel: lined
or unlined pipes and fittings, manhole covers and other munic-
ipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete,
and construction materials.
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(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this section
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134 STAT. 1224 PUBLIC LAW 116–260—DEC. 27, 2020
referred to as the ‘‘Secretary’’) or the designee of the Secretary
finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
Public (c) If the Secretary or the designee receives a request for
information. a waiver under this section, the Secretary or the designee shall
Records.
Time period. make available to the public on an informal basis a copy of the
request and information available to the Secretary or the designee
concerning the request, and shall allow for informal public input
on the request for at least 15 days prior to making a finding
Web posting. based on the request. The Secretary or the designee shall make
the request and accompanying information available by electronic
means, including on the official public Internet Web site of the
Department.
Applicability. (d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ‘‘Rural Utilities Service—Rural Water
and Waste Disposal Program Account’’ for carrying out the provi-
sions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use of
iron and steel products otherwise prohibited by such subsection
if the plans and specifications have received required approvals
from State agencies prior to the date of enactment of this Act.
Definitions. (g) For purposes of this section, the terms ‘‘United States’’
and ‘‘State’’ shall include each of the several States, the District
of Columbia, and each Federally recognized Indian tribe.
Lobbying. SEC. 735. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 736. Of the total amounts made available by this Act
for direct loans and grants in section 730 and in the following
headings: ‘‘Rural Housing Service—Rural Housing Insurance Fund
Program Account’’; ‘‘Rural Housing Service—Mutual and Self-Help
Housing Grants’’; ‘‘Rural Housing Service—Rural Housing Assist-
ance Grants’’; ‘‘Rural Housing Service—Rural Community Facilities
Program Account’’; ‘‘Rural Business-Cooperative Service—Rural
Business Program Account’’; ‘‘Rural Business-Cooperative Service—
Rural Economic Development Loans Program Account’’; ‘‘Rural
Business-Cooperative Service—Rural Cooperative Development
Grants’’; ‘‘Rural Utilities Service—Rural Water and Waste Disposal
Program Account’’; ‘‘Rural Utilities Service—Rural Electrification
and Telecommunications Loans Program Account’’; and ‘‘Rural Utili-
ties Service—Distance Learning, Telemedicine, and Broadband Pro-
gram’’, to the maximum extent feasible, at least 10 percent of
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the funds shall be allocated for assistance in persistent poverty
counties under this section, including, notwithstanding any other
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1225
provision regarding population limits, any county seat of such a
persistent poverty county that has a population that does not exceed
the authorized population limit by more than 10 percent: Provided,
That for purposes of this section, the term ‘‘persistent poverty Definition.
counties’’ means any county that has had 20 percent or more
of its population living in poverty over the past 30 years, as meas-
ured by the 1990 and 2000 decennial censuses, and 2007–2011
American Community Survey 5-year average, or any territory or
possession of the United States: Provided further, That with respect Applicability.
to specific activities for which program levels have been made
available by this Act that are not supported by budget authority,
the requirements of this section shall be applied to such program
level.
SEC. 737. In addition to any other funds made available in
this Act or any other Act, there is appropriated $12,000,000 to
carry out section 18(g)(8) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769(g)), to remain available until expended:
Provided, That notwithstanding section 18(g)(3)(C) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1769 (g)(3)(c)),
the total grant amount provided to a farm to school grant recipient
in fiscal year 2021 shall not exceed $500,000.
SEC. 738. There is hereby appropriated $5,000,000, to remain
available until September 30, 2022, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of
2014, for necessary expenses of the Secretary to support projects
that provide access to healthy food in underserved areas, to create
and preserve quality jobs, and to revitalize low-income communities.
SEC. 739. For an additional amount for ‘‘Animal and Plant
Health Inspection Service—Salaries and Expenses’’, $8,500,000, to
remain available until September 30, 2022, for one-time control
and management and associated activities directly related to the
multiple-agency response to citrus greening.
SEC. 740. None of the funds made available by this Act may Human embryos.
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include
a heritable genetic modification. Any such submission shall be
deemed to have not been received by the Secretary, and the exemp-
tion may not go into effect.
SEC. 741. None of the funds made available by this or any Regulations.
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ‘‘Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,’’ and published on November 27, 2015, with respect
to the regulation of entities that grow, harvest, pack, or hold wine
grapes, hops, pulse crops, or almonds.
SEC. 742. There is hereby appropriated $5,000,000, to remain
available until September 30, 2022, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
SEC. 743. For school years 2020–2021 and 2021–2022, none School breakfast.
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of the funds made available by this Act may be used to implement
or enforce the matter following the first comma in the second
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134 STAT. 1226 PUBLIC LAW 116–260—DEC. 27, 2020
sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal
Regulations, with respect to the substitution of vegetables for fruits
under the school breakfast program established under section 4
of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
SEC. 744. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural
Marketing Act of 1946, or section 10114 of the Agriculture
Improvement Act of 2018; or
Hemp and hemp (2) to prohibit the transportation, processing, sale, or use
seeds. of hemp, or seeds of such plant, that is grown or cultivated
in accordance with subsection section 7606 of the Agricultural
Act of 2014 or Subtitle G of the Agricultural Marketing Act
of 1946, within or outside the State in which the hemp is
grown or cultivated.
Deadline. SEC. 745. Out of amounts appropriated to the Food and Drug
Fish and fishing. Administration under title VI, the Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs,
shall, not later than September 30, 2021, and following the review
required under Executive Order No. 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), issue advice revising
the advice provided in the notice of availability entitled ‘‘Advice
About Eating Fish, From the Environmental Protection Agency
and Food and Drug Administration; Revised Fish Advice; Avail-
ability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in a manner that
is consistent with nutrition science recognized by the Food and
Drug Administration on the net effects of seafood consumption.
SEC. 746. There is hereby appropriated $2,500,000, to remain
available until expended, for grants under section 12502 of Public
Law 115–334.
SEC. 747. There is hereby appropriated $2,000,000 to carry
out section 1621 of Public Law 110–246.
SEC. 748. There is hereby appropriated $3,000,000, to remain
available until September 30, 2022, to carry out section 4003(b)
of Public Law 115–334 relating to demonstration projects for Tribal
Organizations.
Contracts. SEC. 749. In addition to amounts otherwise made available
Determination. by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until
expended, to implement non-renewable agreements on eligible
lands, including flooded agricultural lands, as determined by the
Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
SEC. 750. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2021, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Commu-
nity Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obli-
gated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obli-
gated under such headings for REAP Zones.
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SEC. 751. There is hereby appropriated $1,000,000 to carry
out section 3307 of Public Law 115–334.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1227
SEC. 752. The Secretary of Agriculture may waive the matching Waiver authority.
funds requirement under Section 412(g) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(g)).
SEC. 753. There is hereby appropriated $2,000,000, to remain Determinations.
available until expended, for a pilot program for the Secretary
to provide grants to qualified non-profit organizations and public
housing authorities to provide technical assistance, including finan-
cial and legal services, to RHS multi-family housing borrowers
to facilitate the acquisition of RHS multi-family housing properties
in areas where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public housing
authorities as authorized by law that commit to keep such prop-
erties in the RHS multi-family housing program for a period of
time as determined by the Secretary.
SEC. 754. There is hereby appropriated $7,000,000 to carry
out section 222 of Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section
12302 of Public Law 115–334.
SEC. 755. There is hereby appropriated $1,000,000, to remain
available until September 30, 2022, to carry out section 4208 of
Public Law 115–334.
SEC. 756. There is hereby appropriated $5,000,000 to carry
out section 12301 of Public Law 115–334.
SEC. 757. There is hereby appropriated $5,000,000 to carry
out section 1450 of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended
by section 7120 of Public Law 115–334.
SEC. 758. There is hereby appropriated $1,000,000 to carry
out section 1671 of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5924) as amended by section 7208 of Public
Law 115–334.
SEC. 759. In response to an eligible community where the Water.
drinking water supplies are inadequate due to a natural disaster, Determination.
Time period.
as determined by the Secretary, including drought or severe
weather, the Secretary may provide potable water through the
Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the estab-
lished period provided under the Program in order to protect public
health.
SEC. 760. There is hereby appropriated $5,000,000 to remain
available until September 30, 2022, to carry out section 4206 of
Public Law 115–334.
SEC. 761. Funds made available under title II of the Food Determination.
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls,
as determined by the Administrator, are in place to ensure that
emergency food aid is received by the intended beneficiaries in
areas affected by food shortages and not diverted for unauthorized
or inappropriate purposes.
SEC. 762. Notwithstanding any other provision of law, ARS Compliance
facilities as described in the ‘‘Memorandum of Understanding inspection.
Between the U.S. Department of Agriculture Animal and Plant
Health Inspection Service (APHIS) and the U.S. Department of
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Agriculture Agricultural Research Service (ARS) Concerning Lab-
oratory Animal Welfare’’ (16–6100–0103–MU Revision 16–1) shall
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134 STAT. 1228 PUBLIC LAW 116–260—DEC. 27, 2020
be inspected by APHIS for compliance with the Animal Welfare
Act and its regulations and standards.
SEC. 763. There is hereby appropriated $5,000,000, to remain
available until expended, to carry out section 2103 of Public Law
Priority. 115–334: Provided, That the Secretary shall prioritize the wetland
compliance needs of areas with significant numbers of individual
wetlands, wetland acres, and conservation compliance requests.
Poultry products. SEC. 764. None of the funds made available by this Act may
China. be used to procure raw or processed poultry products imported
into the United States from the People’s Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children under
section 13 of such Act (42 U.S.C. 1761), or the school breakfast
program under the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
SEC. 765. There is hereby appropriated $1,000,000, for an addi-
tional amount for ‘‘Department of Health and Human Services—
Food and Drug Administration—Salaries and Expenses’’ to remain
available until expended and in addition to amounts otherwise
made available for such purposes, for the development of research,
education, and outreach partnerships with academic institutions
to study and promote seafood safety.
SEC. 766. There is hereby appropriated $2,000,000, to remain
available until September 30, 2022, for the National Institute of
Food and Agriculture to issue a competitive grant to support the
establishment of an Agriculture Business Innovation Center at
a historically black college or university to serve as a technical
assistance hub to enhance agriculture-based business development
opportunities.
Requirement. SEC. 767. For school year 2021–2022, only a school food
School lunches. authority that had a negative balance in the nonprofit school food
service account as of December 31, 2020, shall be required to
establish a price for paid lunches in accordance with section 12(p)
of the Richard B. Russell National School Lunch Act (42 U.S.C.
1760(p)).
SEC. 768. There is hereby appropriated $5,000,000 to remain
available until September 30, 2022, to carry out section 6424 of
Public Law 115–334.
SEC. 769. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated $10,000,000,
to remain available until September 30, 2022, for grants from
the National Institute of Food and Agriculture to the 1890 Institu-
tions to support the Centers of Excellence.
SEC. 770. There is hereby appropriated $2,000,000, to remain
available until expended, for the Secretary of Agriculture to carry
out a pilot program that assists rural hospitals to improve long-
term operations and financial health by providing technical assist-
ance through analysis of current hospital management practices.
SEC. 771. In addition to amounts otherwise made available
by this or any other Act, there is hereby appropriated $5,000,000,
to remain available until expended, to the Secretary for a pilot
program to provide grants to a regional consortium to fund technical
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assistance and construction of regional wastewater systems for
historically impoverished communities that have had difficulty in
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1229
installing traditional wastewater treatment systems due to soil
conditions.
SEC. 772. The Secretary of Agriculture shall— Deadlines.
(1) within 180 days of enactment of this Act publish a Notice.
Regulations.
notice of proposed rulemaking in the Federal Register seeking Federal Register,
public comments on the effects of lifting the stay issued on publications.
July 31, 2013 (78 Fed. Reg. 46255) with consideration given Public comments.
to changes in industry and the implementation of certain
rulemakings since the publication of the stay;
(2) take public comments on the notice for not more than
60 days; and
(3) not later than 180 days after the end of the comment
period, publish in the Federal Register the date upon which
the stay is lifted if such action is justified based on the com-
ments received.
SEC. 773. There is hereby appropriated $6,000,000, to remain
available until September 30, 2022, to carry out section 23 of
the Child Nutrition Act of 1966 (42 U.S.C. 1793), of which
$2,000,000 shall be for grants under such section to the Common-
wealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, the United States Virgin Islands, Guam, and American
Samoa.
SEC. 774. Any funds made available by this or any other Act Grants.
that the Secretary withholds pursuant to section 1668(g)(2) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5921(g)(2)), as amended, shall be available for grants for bio-
technology risk assessment research: Provided, That the Secretary
may transfer such funds among appropriations of the Department
of Agriculture for purposes of making such grants.
SEC. 775. (a) There is hereby appropriated $531,000,000, to
remain available until expended, for an additional amount for sec-
tion 779 of Public Law 115–141.
(b) Section 313(b) of the Rural Electrification Act of 1936, Applicability.
as amended (7 U.S.C. 940c(b)), shall be applied for fiscal year
2021 and each fiscal year thereafter until the specified funding
has been expended as if the following were inserted after the
final period in subsection (b)(2): ‘‘In addition, the Secretary shall
use $425,000,000 of funds available in this subaccount in fiscal
year 2019 for an additional amount for the same purpose and
under the same terms and conditions as funds appropriated by
section 779 of Public Law 115–141, shall use $255,000,000 of funds
available in this subaccount in fiscal year 2020 for an additional
amount for the same purpose and under the same terms and
conditions as funds appropriated by section 779 of Public Law
115–141, and shall use $104,000,000 of funds available in this
subaccount in fiscal year 2021 for an additional amount for the
same purpose and under the same terms and conditions as funds
appropriated by section 779 of Public Law 115–141.’’: Provided,
That any use of such funds shall be treated as a reprogramming
of funds under section 716 of this Act.
(c) Section 787(b) of division B of Public Law 116–94 shall
no longer apply.
SEC. 776. There is hereby appropriated $500,000 to carry out
section 224 of Subtitle A of the Department of Agriculture Reorga-
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nization Act of 1994 (7 U.S.C. 6924) as amended by section 12504
of Public Law 115–334.
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134 STAT. 1230 PUBLIC LAW 116–260—DEC. 27, 2020
SEC. 777. There is hereby appropriated $400,000 to carry out
section 1672(g)(4)(B) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) as amended by section
7209 of Public Law 115–334.
Genetic SEC. 778. Notwithstanding any other provision of law, the
engineering. acceptable market name of any engineered animal approved prior
to the effective date of the National Bioengineered Food Disclosure
Standard (February 19, 2019) shall include the words ‘‘genetically
engineered’’ prior to the existing acceptable market name.
SEC. 779. For an additional amount for ‘‘National Institute
of Food and Agriculture—Research and Education Activities’’,
$500,000, to develop a public-private cooperative framework based
on open data standards for neutral data repository solutions to
preserve and share the big data generated by technological advance-
ments in the agriculture industry and for the preservation and
curation of data in collaboration with land-grant universities.
SEC. 780. Notwithstanding any other provision of law, no funds
available to the Department of Agriculture may be used to move
any staff office or any agency from the mission area in which
it was located on August 1, 2018, to any other mission area or
office within the Department in the absence of the enactment of
specific legislation affirming such move.
SEC. 781. There is hereby appropriated $10,000,000, to remain
available until expended, for the Secretary of Agriculture to carry
out a pilot program to provide financial assistance for rural commu-
nities to further develop renewable energy.
SEC. 782. Section 7605(b) of the Agriculture Improvement Act
of 2018 (7 U.S.C. 5940 note; Public Law 115–334) is amended
by striking ‘‘September 30, 2021’’ and inserting ‘‘January 1, 2022’’.
SEC. 783. Section 9(i)(2) of the Food and Nutrition Act of
2008 (7 U.S.C. 2018(i)(2)) is amended by striking ‘‘December 31,
2020’’ and inserting ‘‘December 31, 2021’’.
132 Stat. 399. SEC. 784. Section 779 of Public Law 115–141 is amended by
striking ‘‘expansion efforts made’’ and inserting ‘‘service in a service
area’’ in the fourth proviso, and by inserting ‘‘, unless such service
area is not provided sufficient access to broadband at the minimum
service threshold’’ after ‘‘Rural Utilities Service’’ in the fourth pro-
viso.
SEC. 785. In addition to amounts otherwise provided, there
is hereby appropriated $1,000,000, to remain available until
expended, to carry out activities authorized under subsections (a)(2)
and (e)(2) of Section 21 of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769b–1(a)(2) and (e)(2)).
SEC. 786. The Secretary, acting through the Chief of the Nat-
ural Resources Conservation Service, may use funds appropriated
under this Act for the Watershed and Flood Prevention Operations
Program and the Watershed Rehabilitation Program carried out
pursuant to the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1001 et seq.), and for the Emergency Watershed Protec-
tion Program carried out pursuant to section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) to provide technical services
for such programs pursuant to section 1252(a)(1) of the Food Secu-
rity Act of 1985 (16 U.S.C. 3851(a)(1)), notwithstanding subsection
(c) of such section.
Determinations. SEC. 787. (a) The Secretary of Health and Human Services,
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Regulations. acting through the Commissioner of Food and Drugs (Commis-
Exports and sioner), shall develop and, if it determines feasible, implement
imports.
Shrimp.
21 USC 2105
note.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1231
a number of options for regulating the export of shrimp to the
United States from other countries, including the three largest
exporting countries by volume to the United States over the last
three calendar years, such as sampling of products prior to export
to the United States, increasing foreign inspections of export facili-
ties, increased seafood importer inspections, foreign surveillance
inspections at overseas manufacturing sites, enhanced import
screening, higher rates of examination and sampling, use of third-
party audits, and formal seafood arrangements with foreign com-
petent authorities.
(b) The Commissioner shall especially give priority consider- Priority.
ation to the following with the funds appropriated— Compliance.
(1) that appropriate controls are applied to shrimp feed
and production ponds, processing plants, and facilities through-
out the chain of distribution to determine compliance with
seafood safety requirements;
(2) dedicate its inspectional effort to determine compliance
with seafood arrangements, once established, from any dedi-
cated funds;
(3) provide an annual report to the Committee before the Reports.
end of fiscal years 2021, 2022, and 2023 with the reporting
requirement goal being to provide the Committee information
related to FDA’s oversight of the safety of shrimp products
imported into the United States.
SEC. 788. There is hereby appropriated $1,000,000 to carry
out the duties of the working group established under section 770
of the Agriculture, Rural Development, Food and Drug Administra-
tion, and Related Agencies Appropriations Act, 2019 (Public Law
116–6; 133 Stat. 89).
SEC. 789. None of the funds made available by this or any Dairy and dairy
other act may be used to restrict the offering of low-fat (1% fat) products.
flavored milk in the National School Lunch Program or School
Breakfast Program, as long as such milk is not inconsistent with
the most recent Dietary Guidelines for Americans published under
section 301 of the National Nutrition Monitoring and Related
Research Act of 1990.
SEC. 790. The Commissioner of the Food and Drug Administra- Plan.
tion shall develop a plan within 180 days of enactment that would Deadline.
Determination.
allow the Agency to identify, detain and refuse all FDA regulated Compliance.
products originating from foreign establishments that did not allow
FDA investigators immediate physical access to the registered
establishment and its records to determine a registered establish-
ment’s ongoing compliance with FDA laws and regulations. Any
foreign establishment that meets these criteria may be placed on
import alert. This import alert would be specific for this foreign
establishment, focusing on detaining all products from this
establishment.
SEC. 791. In administering the pilot program established by Determinations.
section 779 of division A of the Consolidated Appropriations Act,
2018 (Public Law 115–141), the Secretary of Agriculture may, for
purposes of determining entities eligible to receive assistance, con-
sider those communities which are ‘‘Areas Rural in Character’’:
Provided, That not more than 10 percent of the funds made avail-
able by section 775 may be used for this purpose.
SEC. 792. There is hereby appropriated $45,861,000 for the
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Goodfellow Federal facility, to remain available until expended,
of which $20,000,000 shall be transferred to and merged with
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134 STAT. 1232 PUBLIC LAW 116–260—DEC. 27, 2020
the appropriation for ‘‘Office of the Chief Information Officer’’,
$16,046,000 shall be transferred to and merged with the appropria-
tion for ‘‘Food Safety and Inspection Service’’, and of which
$9,815,000 shall be transferred to and merged with the appropria-
tion for ‘‘Rural Development, Salaries and Expenses’’.
SEC. 793. Of the unobligated balances from prior year appro-
priations made available under the heading ‘‘Distance Learning,
Telemedicine, and Broadband Program’’ for the cost of broadband
loans, as authorized by section 601 of the Rural Electrification
Act, $12,000,000 are hereby rescinded.
SEC. 794. Funds made available in the Consolidated Appropria-
tions Act, 2016 (Public Law 114–113) for the ‘‘Rural Community
Facilities Program Account’’ under section 306 of the Consolidated
Farm and Rural Development Act, 7 U.S.C. 1926, for the principal
amount of direct loans to eligible approved re-lenders are to remain
available through fiscal year 2026 for the liquidation of valid obliga-
tions incurred in fiscal year 2016.
SEC. 795. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Review. SEC. 796. Not later than 1 year after the date of enactment
Reports. of this Act, the National Academy of Sciences, Engineering, and
Analyses. Medicine shall complete a review and provide a report to the Sec-
retary of Agriculture, the Secretary of Health and Human Services,
and the Congress, on the most recent edition of the dietary guide-
lines for Americans that includes the following:
(1) A comparative analysis of the scientific methodologies,
review protocols, and evaluation processes used to develop the
most recently issued guidelines as compared to recommenda-
tions included in the National Academy of Sciences,
Engineering, and Medicine September 2017 report entitled
‘‘Redesigning the Process for Establishing the Dietary Guide-
lines for Americans’’.
(2) A comparative analysis of the scientific studies used
to develop such guidelines to determine the dietary needs of
Americans with diet-related metabolic diseases as compared
to the most current and rigorous scientific studies on diet
and diet-related metabolic diseases available.
(3) An analysis of how full implementation of the rec-
ommendations described in paragraph (1) would have affected
the most recently issued guidelines.
Cogongrass. SEC. 797. (a) There is hereby appropriated $3,000,000, to
remain available until expended, for a pilot program for the Animal
and Plant Health Inspection Service to provide grants to State
departments of agriculture and forestry commissions in states
identified in the final environmental assessment published in the
Federal Register on September 23, 2020 (85 Fed. Reg. 59735),
to combat and treat cogongrass through established cogongrass
control programs.
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(b) Any remaining unobligated balances of funds made available
for field crop and rangeland ecosystem pests under the heading
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1233
‘‘Animal and Plant Health Inspection Service—Salaries and
Expenses’’, in the Consolidated Appropriations Act, 2019 (Public
Law 116–6) and the Further Consolidated Appropriations Act, 2020
(Public Law 116–94), and specifically provided as funds for APHIS
to partner with states in the control and eradication of the
cogongrass weed in the conference report accompanying Public Law
116–6 and in the explanatory statement described in section 4
in the matter preceding division A of Public Law 116–94, are
hereby permanently rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated, to remain available until expended in addition to
other funds as may be available for such purposes, for the same
purposes and under the same conditions as the funds made avail-
able under subsection (a) of this section.
(c) Not to exceed 2 percent of the funds provided under this
section shall be available for necessary costs of grant administra-
tion.
SEC. 798. For an additional amount for ‘‘National Institute Panel.
of Food and Agriculture—Research and Education Activities’’, Evaluation.
$300,000, for the Under Secretary for Research, Education, and
Economics to convene a blue-ribbon panel for the purpose of evalu-
ating the overall structure of research and education through the
public and land-grant universities, including 1890 Institutions, to
define a new architecture that can better integrate, coordinate,
and assess economic impact of the collective work of these institu-
tions.
SEC. 799. For an additional amount for ‘‘National Institute Grants.
of Food and Agriculture—Research and Education Activities’’,
$4,000,000, to remain available until September 30, 2022, for a
competitive grant to an institution in the land-grant university
system to establish a Farm of the Future testbed and demonstration
site.
SEC. 799A. There is hereby appropriated $22,000,000, to remain
available until expended, to carry out section 12513 of Public Law
115–334: Provided, That of the amounts made available,
$20,000,000 shall be for established dairy business innovation initia-
tives and the Secretary shall take measures to ensure an equal
distribution of funds between the three regional innovation initia-
tives.
SEC. 799B. None of the funds appropriated or otherwise made
available by this Act shall be available for the United States Depart-
ment of Agriculture to propose, finalize or implement any regulation
that would promulgate new user fees pursuant to 31 U.S.C. 9701
after the date of the enactment of this Act.
SEC. 799C. (a) Any remaining unobligated balances of funds Grants.
made available under the heading ‘‘Department of Agriculture—
Agricultural Programs—Processing, Research and Marketing—
Office of the Secretary’’ in subsections (b) and (d) of section 791
of division B of the Further Consolidated Appropriations Act, 2020
Public Law 116–94 for block grants to eligible states and territories
pursuant to the first proviso under the heading ‘‘Department of
Agriculture—Agricultural Programs—Processing, Research and
Marketing—Office of the Secretary’’ in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 Public Law 116–
20, as amended by subsection (c) of section 791 of division B
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Public Law 116–94, may be made available for any of the other
purposes and under the same authorities and conditions for those
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134 STAT. 1234 PUBLIC LAW 116–260—DEC. 27, 2020
purposes as the funds made available under such heading in such
Act, and for the purposes specified and under the same authorities
and conditions as in the first, second, third, and fourth provisos
of subsection (b) of section 791 of division B of Public Law 116–
Effective date. 94: Provided, That this section shall not be effective before the
award of the block grants that were announced prior to the date
of enactment of this Act: Provided further, That any block grant
amounts that were announced prior to the date of enactment of
this Act and are subsequently awarded shall not be returned to
the Farm Service Agency until the date specified in the grant
agreement.
(b) Of the remaining unobligated balances of funds made avail-
able under the heading ‘‘Department of Agriculture—Agricultural
Programs—Processing, Research and Marketing—Office of the Sec-
retary’’ in the Coronavirus Aid, Relief, and Economic Security Act
(Public Law 116–136), $1,000,000,000 shall be made available for
the same purposes and under the same authorities and conditions
as the funds made available under the heading ‘‘Department of
Agriculture—Agricultural Programs—Processing, Research and
Marketing—Office of the Secretary’’ in the Additional Supplemental
Appropriations for Disaster Relief Act of 2019 (Public Law 116–
20), as of December 19, 2019, and for the purposes specified and
under the same authorities and conditions as in the first, second,
third, and fourth provisos of subsection (b) of section 791 of division
B of Public Law 116–94.
(c) The amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Con-
gress as an emergency requirement pursuant to that section of
that Act.
SEC. 799D. For necessary expenses for salary and related costs
associated with Agriculture Quarantine and Inspection Services
activities pursuant to 21 U.S.C. 136a(6), and in addition to any
other funds made available for this purpose, there is appropriated,
out of any money in the Treasury not otherwise appropriated,
$635,000,000, to remain available until September 30, 2022, to
offset the loss resulting from the coronavirus pandemic of quar-
antine and inspection fees collected pursuant to sections 2508 and
2509 of the Food, Agriculture, Conservation, and Trade Act of
1990 (21 U.S.C. 136, 136a): Provided, That amounts made available
in this section shall be treated as funds collected by fees authorized
under sections 2508 and 2509 of the Food, Agriculture, Conserva-
tion, and Trade Act of 1990 (21 U.S.C. 136, 136a) for purposes
of section 421(f) of the Homeland Security Act of 2002 (6 U.S.C.
231(f)): Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
This division may be cited as the ‘‘Agriculture, Rural Develop-
ment, Food and Drug Administration, and Related Agencies Appro-
priations Act, 2021’’.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1235
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND Commerce,
RELATED AGENCIES APPROPRIATIONS ACT, 2021 Justice, Science,
and Related
Agencies
TITLE I Appropriations
Act, 2021.
DEPARTMENT OF COMMERCE Department of
Commerce
INTERNATIONAL TRADE ADMINISTRATION Appropriations
Act, 2021.
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 busi-
ness 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 transpor-
tation of employees of the International Trade Administration
between two points abroad, without regard to section 40118 of
title 49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official
use abroad, not to exceed $45,000 per vehicle; obtaining insurance
on official motor vehicles; and rental of tie lines, $541,000,000,
of which $70,000,000 shall remain available until September 30,
2022: Provided, That $11,000,000 is to be derived from fees to
be retained and used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code: Pro-
vided further, That, of amounts provided under this heading, not
less than $16,400,000 shall be for China antidumping and counter-
vailing duty enforcement and compliance activities: Provided fur-
ther, That the provisions of the first sentence of section 105(f) Applicability.
and all of section 108(c) of the Mutual Educational and Cultural Assessments.
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 assess-
ments 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
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activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
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134 STAT. 1236 PUBLIC LAW 116–260—DEC. 27, 2020
overseas; employment of citizens of the United States and aliens
by contract for services abroad; payment of tort claims, in the
manner authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign countries;
not to exceed $13,500 for official representation expenses abroad;
awards of compensation to informers under the Export Control
Reform Act of 2018 (subtitle B of title XVII of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019; Public
Law 115–232; 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as
authorized by section 1(b) of the Act of June 15, 1917 (40 Stat.
223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use with
special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $133,000,000,
Applicability. 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 col-
lected and accepted for materials or services provided as part of
such activities may be retained for use in covering the cost of
such activities, and for providing information to the public with
respect to the export administration and national security activities
of the Department of Commerce and other export control programs
of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by sections
27 and 28 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722 and 3723), as amended, $305,500,000
to remain available until expended, of which $38,000,000 shall
be for grants under such section 27 and $2,000,000 shall be for
grants under such section 28: Provided, That any deviation from
the amounts designated for specific activities in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), or any use of deobligated balances
of funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this Act.
SALARIES AND EXPENSES
For necessary expenses of administering the economic develop-
ment assistance programs as provided for by law, $40,500,000:
Provided, That funds provided under this heading may be used
to monitor projects approved pursuant to title I of the Public Works
Employment Act of 1976; title II of the Trade Act of 1974; sections
27 and 28 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722 and 3723), as amended; and the Community
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Emergency Drought Relief Act of 1977.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1237
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprises,
including expenses of grants, contracts, and other agreements with
public or private organizations, $48,000,000, of which not more
than $16,000,000 shall be available for overhead expenses, including
salaries and expenses, rent, utilities, and information technology
services.
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$111,855,000, to remain available until September 30, 2022.
BUREAU OF THE CENSUS
CURRENT SURVEYS AND PROGRAMS
For necessary expenses for collecting, compiling, analyzing, pre-
paring, 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, pre-
paring, and publishing statistics for periodic censuses and programs
provided for by law, $818,241,000, to remain available until Sep-
tember 30, 2022: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activi-
ties: 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: Pro-
vided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Fees.
Commerce shall charge Federal agencies for costs incurred in spec-
trum 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:
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Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds transferred,
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134 STAT. 1238 PUBLIC LAW 116–260—DEC. 27, 2020
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 para-
graph, 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 Trade-
mark 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
Spending plan. expended: Provided further, That the Director of USPTO shall
submit a spending plan to the Committees on Appropriations of
the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent
and Trademark Office ‘‘Salaries and Expenses’’ account: Provided
further, That the budget of the President submitted for fiscal year
2022 under section 1105 of title 31, United States Code, shall
include within amounts provided under this heading for necessary
expenses of the USPTO any increases that are expected to result
from an increase promulgated through rule or regulation in offset-
ting collections of fees and surcharges assessed and collected by
the USPTO under any law in either fiscal year 2021 or fiscal
year 2022: Provided further, That from amounts provided herein,
not to exceed $13,500 shall be made available in fiscal year 2021
for official reception and representation expenses: Provided further,
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That in fiscal year 2021 from the amounts made available for
‘‘Salaries and Expenses’’ for the USPTO, the amounts necessary
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1239
to pay (1) the difference between the percentage of basic pay contrib-
uted 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 Per-
sonnel 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, not-
withstanding 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 appro-
priated, $2,000,000 shall be transferred to the ‘‘Office of Inspector
General’’ account for activities associated with carrying out inves-
tigations and audits related to the USPTO.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the National Institute of Standards
and Technology (NIST), $788,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That not to exceed $5,000
shall be for official reception and representation expenses: Provided
further, That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses for industrial technology services,
$166,500,000, to remain available until expended, of which
$150,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $16,500,000 shall be for the Manufac-
turing USA Program (formerly known as the National Network
for Manufacturing Innovation).
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec-
tural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
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Institute of Standards and Technology, as authorized by sections
13 through 15 of the National Institute of Standards and Technology
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134 STAT. 1240 PUBLIC LAW 116–260—DEC. 27, 2020
Act (15 U.S.C. 278c–278e), $80,000,000, to remain available until
Budget expended: Provided, That the Secretary of Commerce shall include
estimates. in the budget justification materials for fiscal year 2022 that the
15 USC 1513b
note.
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 construc-
tion 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 pro-
grams for State-led fisheries management, notwithstanding any
other provision of law; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities,
$3,840,300,000, to remain available until September 30, 2022: Pro-
vided, That fees and donations received by the National Ocean
Service for the management of national marine sanctuaries may
be retained and used for the salaries and expenses associated
with those activities, notwithstanding section 3302 of title 31,
United States Code: Provided further, That in addition,
$246,171,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’, which shall only be used for fishery activi-
ties related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys, and Assessments; Fisheries Management
Programs and Services; and Interjurisdictional Fisheries Grants:
Provided further, That not to exceed $66,389,000 shall be for pay-
ment to the ‘‘Department of Commerce Working Capital Fund’’:
Provided further, That of the $4,103,971,000 provided for in direct
obligations under this heading, $3,840,300,000 is appropriated from
the general fund, $246,171,000 is provided by transfer, and
$17,500,000 is derived from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the Retired
Serviceman’s Family Protection and Survivor Benefits Plan, and
for payments for the medical care of retired personnel and their
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dependents under the Dependents’ Medical Care Act (10 U.S.C.
ch. 55), such sums as may be necessary.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1241
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,532,558,000, to remain avail-
able until September 30, 2023, except that funds provided for
acquisition and construction of vessels and aircraft, and construction
of facilities shall remain available until expended: Provided, That
of the $1,545,558,000 provided for in direct obligations under this
heading, $1,532,558,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That the Budget
Secretary of Commerce shall include in budget justification mate- estimates.
15 USC 1513a
rials for fiscal year 2022 that the Secretary submits to Congress note.
in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) an estimate for each National Oceanic
and Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an estimate
of the budgetary requirements for each such project for each of
the 5 subsequent fiscal years: Provided further, That, within the
amounts appropriated, $2,000,000 shall be transferred to the ‘‘Office
of Inspector General’’ account for activities associated with carrying
out investigations and audits related to satellite procurement,
acquisition and construction.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available until
September 30, 2022: Provided, That, of the funds provided herein, Grants.
the Secretary of Commerce may issue grants to the States of Wash- State listing.
ington, Oregon, Idaho, Nevada, California, and Alaska, and to the Native
Americans.
federally recognized Tribes of the Columbia River and Pacific Coast Guidelines.
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endan-
gered, 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 contribu-
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tions of at least 33 percent of the Federal funds.
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134 STAT. 1242 PUBLIC LAW 116–260—DEC. 27, 2020
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $349,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2021, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Mer-
chant Marine Act of 1936.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $73,000,000: Provided,
Time period. That no employee of the Department of Commerce may be detailed
Reimbursement. 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 Depart-
ment of Commerce for more than 90 days in a fiscal year unless
the individual’s employing bureau or office is fully reimbursed for
the salary and expenses of the employee for the entire period
of assignment using funds provided under this heading. Provided
further, That amounts made available to the Department of Com-
merce in this or any prior Act may not be transferred pursuant
to section 508 of this or any prior Act to the account funded
under this heading, except in the case of extraordinary cir-
cumstances that threaten life or property.
RENOVATION AND MODERNIZATION
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, $1,123,000.
NONRECURRING EXPENSES FUND
For necessary expenses for a business application system mod-
ernization, $20,000,000, to remain available until September 30,
Notification. 2023: Provided, That any unobligated balances of expired discre-
Deadline. tionary funds transferred to the Department of Commerce Non-
recurring Expenses Fund, as authorized by section 111 of title
I of division B of Public Law 116ƒ93, may be obligated only after
the Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of the
planned use of funds.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $34,000,000: Provided, That notwithstanding sec-
tion 6413 of the Middle Class Tax Relief and Job Creation Act
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of 2012 (Public Law 112–96), an additional $2,000,000, to remain
available until expended, shall be derived from the Public Safety
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1243
Trust Fund for activities associated with carrying out investigations
and audits related to the First Responder Network Authority
(FirstNet).
GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. During the current fiscal year, applicable appropria- Certification.
tions 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 Notification.
shall notify the Committees on Appropriations at least 15 days Deadline.
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 Depart-
ment of Commerce.
SEC. 104. The requirements set forth by section 105 of the Incorporation by
Commerce, Justice, Science, and Related Agencies Appropriations reference.
Act, 2012 (Public Law 112–55), as amended by section 105 of Applicability.
33 USC 878a
title I of division B of Public Law 113–6, are hereby adopted note.
by reference and made applicable with respect to fiscal year 2021:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000, the life cycle cost of the Polar Follow On Pro-
gram is $6,837,900,000, the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is
$11,700,100,000, and the life cycle cost for the Space Weather
Follow On Program is $692,800,000.
SEC. 105. Notwithstanding any other provision of law, the
Secretary of Commerce may furnish services (including but not
limited to utilities, telecommunications, and security services) nec-
essary to support the operation, maintenance, and improvement
of space that persons, firms, or organizations are authorized, pursu-
ant 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,
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and protection of which has been delegated to the Secretary from
the Administrator of General Services pursuant to the Federal
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134 STAT. 1244 PUBLIC LAW 116–260—DEC. 27, 2020
Property and Administrative Services Act of 1949 on a reimbursable
Reimbursement. 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.
Child SEC. 106. Nothing in this title shall be construed to prevent
pornography. a grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Reimbursement. 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 appropria-
tions, 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, Terri-
tory, 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 adminis-
tered 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.
Records. Should a customer still require the Service to provide a printed
Fee. 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.
Grants. SEC. 109. To carry out the responsibilities of the National
Contracts. Oceanic and Atmospheric Administration (NOAA), the Adminis-
trator of NOAA is authorized to: (1) enter into grants and coopera-
tive 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 govern-
ment, Tribal government, Territory, or possession or any subdivi-
sions thereof: Provided, That funds received for permitting and
related regulatory activities pursuant to this section shall be depos-
ited under the heading ‘‘National Oceanic and Atmospheric
Administration—Operations, Research, and Facilities’’ and shall
remain available until September 30, 2022, for such purposes: Pro-
vided further, That all funds within this section and their cor-
responding uses are subject to section 505 of this Act.
SEC. 110. Amounts provided by this Act or by any prior appro-
priations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Adminis-
tration 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 agree-
ments 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.
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SEC. 111. Amounts provided by this Act for the Hollings Manu-
facturing Extension Partnership under the heading ‘‘National
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1245
Institute of Standards and Technology—Industrial Technology Serv-
ices’’ shall not be subject to cost share requirements under 15
U.S.C. 278k(e)(2): Provided, That the authority made available
pursuant to this section shall be elective for any Manufacturing
Extension Partnership Center that also receives funding from a
State that is conditioned upon the application of a Federal cost
sharing requirement.
SEC. 112. The Secretary of Commerce, or the designee of the Waiver authority.
Secretary, may waive the matching requirements under sections
306 and 306A, and the cost sharing requirements under section
315, of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455,
1455a, and 1461) as necessary for amounts made available under
this Act under the heading ‘‘Operations, Research, and Facilities’’
under the heading ‘‘National Oceanic and Atmospheric Administra-
tion’’.
SEC. 113. Of unobligated balances of amounts provided to the
Bureau of the Census under this or any prior appropriations Act,
up to $208,000,000 may be transferred to the Bureau of the Census
Working Capital Fund for information and business technology
system modernization and facilities infrastructure improvements
necessary for the operations of the Bureau: Provided, That the
amounts previously provided by the Congress for the 2020 Census
remain available only for the period of time as provided when
initially enacted: Provided further, That this transfer authority
is in addition to any other transfer authority in this Act: Provided
further, That no amounts may be transferred that were previously
designated by the Congress for the 2020 Census pursuant to section
251(b)(2)(G) of the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended: Provided further, That such amounts Notification.
may be obligated only after the Committees on Appropriations Deadline.
of the House of Representatives and the Senate are notified at
least 15 days in advance of the planned use of funds.
This title may be cited as the ‘‘Department of Commerce Appro-
priations Act, 2021’’.
TITLE II Department of
Justice
DEPARTMENT OF JUSTICE Appropriations
Act, 2021.
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the Depart-
ment of Justice, $119,000,000, of which not to exceed $4,000,000
for security and construction of Department of Justice facilities
shall remain available until expended.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $34,000,000, to remain available until expended: Pro-
vided, That the Attorney General may transfer up to $40,000,000
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to this account, from funds available to the Department of Justice
for information technology, to remain available until expended,
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134 STAT. 1246 PUBLIC LAW 116–260—DEC. 27, 2020
for enterprise-wide information technology initiatives: Provided fur-
ther, That the transfer authority in the preceding proviso is in
addition to any other transfer authority contained in this Act:
Provided further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the administration of immigration-
related activities of the Executive Office for Immigration Review,
$734,000,000, of which $4,000,000 shall be derived by transfer
from the Executive Office for Immigration Review fees deposited
in the ‘‘Immigration Examinations Fee’’ account, and of which not
less than $22,500,000 shall be available for services and activities
provided by the Legal Orientation Program: Provided, That not
to exceed $35,000,000 of the total amount made available under
this heading shall remain available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$110,565,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character: Provided, That not to exceed
$4,000,000 shall remain available until September 30, 2022.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
Term extension. 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 Depart-
ment of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; the administration of pardon and clemency
petitions; and rent of private or Government-owned space in the
District of Columbia, $960,000,000, of which not to exceed
$20,000,000 for litigation support contracts shall remain available
until expended: Provided, That of the amount provided for
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INTERPOL Washington dues payments, not to exceed $685,000
shall remain available until expended: Provided further, That of
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1247
the total amount appropriated, not to exceed $9,000 shall be avail-
able to INTERPOL Washington for official reception and representa-
tion expenses: Provided further, That of the total amount appro-
priated, not to exceed $9,000 shall be available to the Criminal
Division for official reception and representation expenses: Provided
further, That notwithstanding section 205 of this Act, upon a deter- Determination.
mination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil Divi-
sion, the Attorney General may transfer such amounts to ‘‘Salaries
and Expenses, General Legal Activities’’ from available appropria-
tions 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 compli-
ance with the procedures set forth in that section: Provided further,
That of the amount appropriated, such sums as may be necessary Reimbursement.
shall be available to the Civil Rights Division for salaries and
expenses associated with the election monitoring program under
section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and
to reimburse the Office of Personnel Management for such salaries
and expenses: Provided further, That of the amounts provided under
this heading for the election monitoring program, $3,390,000 shall
remain available until expended: Provided further, That of the
amount appropriated, not less than $195,754,000 shall be available
for the Criminal Division, including related expenses for the Mutual
Legal Assistance Treaty Program.
In addition, for expenses of the Department of Justice associ-
ated with processing cases under the National Childhood Vaccine
Injury Act of 1986, not to exceed $17,000,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund and to remain
available until expended.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $184,524,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, fees
collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regard-
less of the year of collection (and estimated to be $150,000,000
in fiscal year 2021), shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections
are received during fiscal year 2021, so as to result in a final
fiscal year 2021 appropriation from the general fund estimated
at $34,524,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agree-
ments, $2,342,177,000: Provided, That of the total amount appro-
priated, not to exceed $7,200 shall be available for official reception
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and representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
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134 STAT. 1248 PUBLIC LAW 116–260—DEC. 27, 2020
Human That each United States Attorney shall establish or participate
trafficking. 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 nec-
essary to pay refunds due depositors: Provided further, That, not-
withstanding 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 appro-
priated, 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 pro-
tected 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 telecommuni-
cations equipment and a secure automated information network
to store and retrieve the identities and locations of protected wit-
nesses: Provided, That amounts made available under this heading
may not be transferred pursuant to section 205 of this Act.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
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For necessary expenses of the Community Relations Service,
Determination. $18,000,000: Provided, That notwithstanding section 205 of this
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1249
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service,
$1,496,000,000, of which not to exceed $6,000 shall be available
for official reception and representation expenses, and not to exceed
$25,000,000 shall remain available until expended.
CONSTRUCTION
For construction in space that is controlled, occupied, or utilized
by the United States Marshals Service for prisoner holding and
related support, $15,000,000, to remain available until expended.
FEDERAL PRISONER DETENTION
For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code, $2,046,609,000,
to remain available until expended: Provided, That not to exceed
$20,000,000 shall be considered ‘‘funds appropriated for State and
local law enforcement assistance’’ pursuant to section 4013(b) of
title 18, United States Code: Provided further, That the United
States Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System.
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to carry out the activities of the
National Security Division, $117,451,000, of which not to exceed
$5,000,000 for information technology systems shall remain avail-
able until expended: Provided, That notwithstanding section 205 Determination.
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of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for the activities
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134 STAT. 1250 PUBLIC LAW 116–260—DEC. 27, 2020
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 enforce-
ment agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and drug
trafficking, $550,458,000, of which $50,000,000 shall remain avail-
able until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $9,748,686,000, of which not to exceed $216,900,000
shall remain available until expended: Provided, That not to exceed
$284,000 shall be available for official reception and representation
expenses.
CONSTRUCTION
For necessary expenses, to include the cost of equipment, fur-
niture, and information technology requirements, related to
construction or acquisition of buildings, facilities, and sites by pur-
chase, or as otherwise authorized by law; conversion, modification,
and extension of federally owned buildings; preliminary planning
and design of projects; and operation and maintenance of secure
work environment facilities and secure networking capabilities;
$566,100,000, to remain available until expended.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administra-
tion, including not to exceed $70,000 to meet unforeseen emer-
gencies 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
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expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1251
$2,336,263,000, of which not to exceed $75,000,000 shall remain
available until expended and not to exceed $90,000 shall be avail-
able for official reception and representation expenses: Provided,
That, notwithstanding section 3672 of Public Law 106–310, up Reimbursement.
to $10,000,000 may be used to reimburse States, units of local
government, Indian Tribal Governments, other public entities, and
multi-jurisdictional or regional consortia thereof for expenses
incurred to clean up and safely dispose of substances associated
with clandestine methamphetamine laboratories, conversion and
extraction operations, tableting operations, or laboratories and proc-
essing operations for fentanyl and fentanyl-related substances
which may present a danger to public health or the environment.
CONSTRUCTION
For necessary expenses, to include the cost of preliminary plan-
ning and design, equipment, furniture, and information technology
requirements, related to the construction or acquisition of buildings,
facilities, and sites by purchase, or as otherwise authorized by
law, for the addition of a laboratory and warehouse to meet the
demand of testing drugs, including fentanyl, $50,000,000, to remain
available until expended.
BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Fire-
arms 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 explo-
sives and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $1,483,887,000, of which not to exceed
$36,000 shall be for official reception and representation expenses,
not to exceed $1,000,000 shall be available for the payment of
attorneys’ fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $25,000,000 shall remain available
until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under section 925(c)
of title 18, United States Code: Provided further, That such funds
shall be available to investigate and act upon applications filed
by corporations for relief from Federal firearms disabilities under
section 925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
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For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
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134 STAT. 1252 PUBLIC LAW 116–260—DEC. 27, 2020
correctional institutions, and for the provision of technical assist-
ance and advice on corrections related issues to foreign govern-
ments, $7,708,375,000, of which not less than $409,483,000 shall
be for the programs and activities authorized by the First Step
42 USC 250a. 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
Contracts. and correctional institutions: Provided further, That the Director
Determination. 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 pro-
vided 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
Donations. 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 facili-
ties; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings
and facilities at existing penal and correctional institutions,
including all necessary expenses incident thereto, by contract or
force account, $127,000,000, to remain available until expended:
Prison labor. Provided, That labor of United States prisoners may be used for
work performed under this appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
Contracts. The Federal Prison Industries, Incorporated, is hereby author-
ized 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 corpora-
tion.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
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Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1253
expenses, and for services as authorized by section 3109 of title
5, United States Code, to be computed on an accrual basis to
be determined in accordance with the corporation’s current pre-
scribed 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 assist-
ance for the prevention and prosecution of violence against women,
as authorized by the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10101 et seq.) (‘‘the 1968 Act’’); the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103–322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (‘‘the 1974 Act’’);
the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106–386) (‘‘the 2000 Act’’); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Law 109–162) (‘‘the 2005 Act’’); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’);
the Rape Survivor Child Custody Act of 2015 (Public Law 114–
22) (‘‘the 2015 Act’’); and the Abolish Human Trafficking Act (Public
Law 115–392); and for related victims services, $513,500,000, to
remain available until expended, of which $435,000,000 shall be
derived by transfer from amounts available for obligation in this
Act from the Fund established by section 1402 of chapter XIV
of title II of Public Law 98–473 (34 U.S.C. 20101), notwithstanding
section 1402(d) of such Act of 1984, and merged with the amounts
otherwise made available under this heading: Provided, That except
as otherwise provided by law, not to exceed 5 percent of funds
made available under this heading may be used for expenses related
to evaluation, training, and technical assistance: Provided further,
That any balances remaining available from prior year appropria-
tions under this heading for tracking violence against Indian
women, as authorized by section 905 of the 2005 Act, shall also
be available to enhance the ability of Tribal Government entities
to access, enter information into, and obtain information from,
Federal criminal information databases, as authorized by section
534 of title 28, United States Code: Provided further, That some
or all of such balances may be transferred, at the discretion of
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the Attorney General, to ‘‘General Administration, Justice Informa-
tion Sharing Technology’’ for the Tribal Access Program for national
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134 STAT. 1254 PUBLIC LAW 116–260—DEC. 27, 2020
crime information in furtherance of this purpose: Provided further,
That the authority to transfer funds under the previous proviso
shall be in addition to any other transfer authority contained in
this Act: Provided further, That of the amount provided—
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $40,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994
Act;
(3) $2,500,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation, and
statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ‘‘Research, Evaluation
and Statistics’’ for administration by the Office of Justice Pro-
grams;
(4) $12,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking; assist-
ance 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 edu-
cation and other services related to such violence: Provided,
That unobligated balances available for the programs author-
ized 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
Applicability. the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $41,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $45,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of
the 2005 Act;
(9) $47,000,000 is for legal assistance for victims, as author-
ized by section 1201 of the 2000 Act;
(10) $5,500,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40801 of the 1994 Act;
(11) $18,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002
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of the 1994 Act, prior to their amendment by the 2013 Act,
shall be available for this program;
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1255
(12) $6,500,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ‘‘Research, Evaluation and Statistics’’ for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist Tribal Governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $1,500,000 is for the purposes authorized under the
2015 Act.
OFFICE OF JUSTICE PROGRAMS
RESEARCH, EVALUATION AND STATISTICS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (‘‘the 1968 Act’’); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the
1994 Act’’); the Juvenile Justice and Delinquency Prevention Act
of 1974 (‘‘the 1974 Act’’); the Missing Children’s Assistance Act
(34 U.S.C. 11291 et seq.); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public
Law 108–21) (‘‘the PROTECT Act’’); the Justice for All Act of
2004 (Public Law 108–405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647); the Second Chance Act of 2007 (Public Law
110–199); the Victims of Crime Act of 1984 (Public Law 98–473);
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children
Act of 2008 (Public Law 110–401); subtitle C of title II of the
Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002
Act’’); the Prison Rape Elimination Act of 2003 (Public Law 108–
79) (‘‘PREA’’); the NICS Improvement Amendments Act of 2007
(Public Law 110–180); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114–198); the
First Step Act of 2018 (Public Law 115–391); and other programs,
$82,000,000, to remain available until expended, of which—
(1) $45,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $3,000,000 is for a data collection on law
enforcement suicide; and
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(2) $37,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
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134 STAT. 1256 PUBLIC LAW 116–260—DEC. 27, 2020
I of the 1968 Act and subtitle C of title II of the 2002 Act,
and for activities authorized by or consistent with the First
Step Act of 2018, of which $6,000,000 is for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention; $1,000,000
is for research to study the root causes of school violence
to include the impact and effectiveness of grants made under
the STOP School Violence Act; $1,500,000 is for a national
study to identify improvements for law enforcement officials
who respond to and investigate child pornography crimes;
$4,000,000 is for the research, design, and testing of a scalable
national model to reduce incarceration rates for minor probation
and parole violations; and not less than $2,000,000 is for
research, testing, and evaluation of the use of counter-
unmanned aircraft systems in support of law enforcement oper-
ations.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other assist-
ance 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 Reauthor-
ization 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 Amend-
ments 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 Prop-
erty 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 SUP-
whamilton on LAP1Z6H6L3PROD with STATUTES
PORT for Patients and Communities Act (Public Law 115–271);
the Second Chance Reauthorization Act of 2018 (Public Law 115–
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1257
391); the Matthew Shepard and James Byrd, Jr. Hate Crimes
Prevention Act (Public Law 111–84); the Ashanti Alert Act of 2018
(Public Law 115–401); and other programs, $1,914,000,000, to
remain available until expended as follows—
(1) $484,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part
E of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of title
I of the 1968 Act shall not apply for purposes of this Act),
of which, notwithstanding such subpart 1—
(A) $13,000,000 is for an Officer Robert Wilson III
memorial initiative on Preventing Violence Against Law
Enforcement and Ensuring Officer Resilience and Surviv-
ability (VALOR);
(B) $8,000,000 is for an initiative to support evidence-
based policing;
(C) $8,000,000 is for an initiative to enhance prosecu-
torial decision-making;
(D) $2,400,000 is for the operation, maintenance, and
expansion of the National Missing and Unidentified Per-
sons System;
(E) $7,500,000 is for a grant program for State and
local law enforcement to provide officer training on
responding to individuals with mental illness or disabilities;
(F) $2,000,000 is for a student loan repayment assist-
ance program pursuant to section 952 of Public Law 110–
315;
(G) $15,500,000 is for prison rape prevention and
prosecution grants to States and units of local government,
and other programs, as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108–79);
(H) $3,000,000 is for a grant program authorized by
Kevin and Avonte’s Law;
(I) $4,000,000 is for the establishment of a national Establishment.
center on forensics at an accredited university of higher
education with affiliate medical and law schools, in partner-
ship with a co-located full-service State department of
forensic science with a medical examiner function;
(J) $20,000,000 is for grants authorized under the
Project Safe Neighborhoods Grant Authorization Act of
2018 (Public Law 115–185);
(K) $7,000,000 is for the Capital Litigation Improve-
ment Grant Program, as authorized by section 426 of Public
Law 108–405, and for grants for wrongful conviction review;
(L) $14,000,000 is for community-based violence
prevention initiatives;
(M) $3,000,000 is for a national center for restorative
justice;
(N) $1,000,000 is for the purposes of the Ashanti Alert
Network as authorized under the Ashanti Alert Act of
2018 (Public Law 115–401);
(O) $3,500,000 is for a grant program to replicate
family-based alternative sentencing pilot programs;
(P) $1,000,000 is for a grant program to support child
advocacy training in post-secondary education;
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(Q) $7,000,000 is for a rural violent crime initiative,
including assistance for law enforcement;
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134 STAT. 1258 PUBLIC LAW 116–260—DEC. 27, 2020
(R) $2,000,000 is for grants to States and units of
local government to deploy managed access systems to
combat contraband cell phone use in prison; and
(S) $2,000,000 is for grants for development of child-
friendly family visitation spaces in correctional facilities;
(2) $244,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $85,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public Law
106–386, for programs authorized under Public Law 109–164,
or programs authorized under Public Law 113–4;
(4) $12,000,000 for economic, high technology, white collar,
and Internet crime prevention grants, including as authorized
by section 401 of Public Law 110–403, of which $2,500,000
is for competitive grants that help State and local law enforce-
ment tackle intellectual property thefts, and $2,000,000 is for
grants to develop databases on Internet of Things device
capabilities and to build and execute training modules for law
enforcement;
(5) $20,000,000 for sex offender management assistance,
as authorized by the Adam Walsh Act, and related activities;
(6) $30,000,000 for the Patrick Leahy Bulletproof Vest Part-
nership Grant Program, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and Technology’s
Office of Law Enforcement Standards for research, testing,
and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $85,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110–180)
and Fix NICS Act of 2018;
(9) $33,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $141,000,000 for DNA-related and forensic programs
and activities, of which—
(A) $110,000,000 is for the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act
of 2000 (Public Law 106–546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be
used for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108–405, section
303);
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(B) $19,000,000 for other local, State, and Federal
forensic activities;
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1259
(C) $8,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant Pro-
gram (Public Law 108–405, section 412); and
(D) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108–405;
(11) $48,000,000 for a grant program for community-based
sexual assault response reform;
(12) $12,500,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $46,000,000 for assistance to Indian Tribes;
(14) $100,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110–199) and by the Second Chance Reauthoriza-
tion Act of 2018 (Public Law 115–391), without regard to the
time limitations specified at section 6(1) of such Act, of which
not to exceed $6,000,000 is for a program to improve State,
local, and Tribal probation or parole supervision efforts and
strategies; $5,000,000 is for Children of Incarcerated Parents
Demonstrations to enhance and maintain parental and family
relationships for incarcerated parents as a reentry or recidivism
reduction strategy; and $4,500,000 is for additional replication
sites employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions
in probation, of which no less than $500,000 shall be used
for a project that provides training, technical assistance, and
best practices: Provided, That up to $7,500,000 of funds made
available in this paragraph may be used for performance-based
awards for Pay for Success projects, of which up to $5,000,000
shall be for Pay for Success programs implementing the Perma-
nent Supportive Housing Model;
(15) $394,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the fol-
lowing programs, which shall address opioid, stimulant, and
substance abuse reduction consistent with underlying program
authorities—
(A) $83,000,000 for Drug Courts, as authorized by sec-
tion 1001(a)(25)(A) of title I of the 1968 Act;
(B) $35,000,000 for mental health courts and adult
and juvenile collaboration program grants, as authorized
by parts V and HH of title I of the 1968 Act, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110–416);
(C) $34,000,000 for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $25,000,000 for a veterans treatment courts pro-
gram;
(E) $32,000,000 for a program to monitor prescription
drugs and scheduled listed chemical products; and
(F) $185,000,000 for a comprehensive opioid, stimulant,
and substance abuse program;
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(16) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
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134 STAT. 1260 PUBLIC LAW 116–260—DEC. 27, 2020
(17) $79,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act;
(18) $2,000,000 for grants to State and local law enforce-
ment agencies for the expenses associated with the investiga-
tion and prosecution of criminal offenses, involving civil rights,
authorized by the Emmett Till Unsolved Civil Rights Crimes
Reauthorization Act of 2016 (Public Law 114–325);
(19) $5,000,000 for grants to State, local, and Tribal law
enforcement agencies to conduct educational outreach and
training on hate crimes and to investigate and prosecute hate
crimes, as authorized by section 4704 of the Matthew Shepard
and James Byrd, Jr. Hate Crimes Prevention Act (Public Law
111–84); and
(20) $90,000,000 for initiatives to improve police-community
relations, of which $35,000,000 is for a competitive matching
grant program for purchases of body-worn cameras for State,
local, and Tribal law enforcement; $33,000,000 is for a justice
reinvestment initiative, for activities related to criminal justice
reform and recidivism reduction; and $22,000,000 is for an
Edward Byrne Memorial criminal justice innovation program:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
non-administrative public sector safety service.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assist-
ance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
Assistance Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108–21); the Victims of Child Abuse Act of
1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109–248)
(‘‘the Adam Walsh Act’’); the PROTECT Our Children Act of 2008
(Public Law 110–401); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Justice for
All Reauthorization Act of 2016 (Public Law 114–324); the Missing
Children’s Assistance Act of 2018 (Public Law 115–267); the Juve-
nile Justice Reform Act of 2018 (Public Law 115–385); and other
juvenile justice programs, $346,000,000, to remain available until
expended as follows—
(1) $67,000,000 for programs authorized by section 221
of the 1974 Act, and for training and technical assistance
to assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
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local, and Tribal juvenile justice residential facilities;
(2) $100,000,000 for youth mentoring grants;
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1261
(3) $49,000,000 for delinquency prevention, of which, pursu-
ant to sections 261 and 262 of the 1974 Act—
(A) $2,000,000 shall be for grants to prevent trafficking
of girls;
(B) $10,000,000 shall be for the Tribal Youth Program;
(C) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated par-
ents;
(D) $3,000,000 shall be for competitive grants focusing
on girls in the juvenile justice system;
(E) $10,000,000 shall be for an opioid-affected youth
initiative; and
(F) $8,000,000 shall be for an initiative relating to
children exposed to violence;
(4) $30,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990;
(5) $94,000,000 for missing and exploited children pro-
grams, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the PRO-
TECT Our Children Act of 2008 (Public Law 110–401) shall
not apply for purposes of this Act);
(6) $3,500,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act; and
(7) $2,500,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of the amounts designated under
paragraphs (1) through (3) and (6) may be used for training and
technical assistance: Provided further, That the two preceding pro-
visos 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 adminis-
trative costs), to remain available until expended; and $24,800,000
for payments authorized by section 1201(b) of such Act and for
educational assistance authorized by section 1218 of such Act, to
remain available until expended: Provided, That notwithstanding Determination.
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for such disability and education payments, the Attorney General
may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from
available appropriations for the Department of Justice as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
whamilton on LAP1Z6H6L3PROD with STATUTES
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
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134 STAT. 1262 PUBLIC LAW 116–260—DEC. 27, 2020
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 Reauthoriza-
tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Amer-
ican Law Enforcement Heroes Act of 2017 (Public Law 115–37);
the Law Enforcement Mental Health and Wellness Act (Public
Law 115–113) (‘‘the LEMHW Act’’); the SUPPORT for Patients
and Communities Act (Public Law 115–271); and the Supporting
and Treating Officers In Crisis Act of 2019 (Public Law 116-32)
(‘‘the STOIC Act’’), $386,000,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in accordance with
section 505 of this Act: Provided further, That of the amount pro-
vided under this heading—
(1) $237,000,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring
of additional career law enforcement officers under part Q
of such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(34 U.S.C. 10384(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
within the amounts appropriated under this paragraph,
$29,500,000 is for improving Tribal law enforcement, including
hiring, equipment, training, anti-methamphetamine activities,
and anti-opioid activities: Provided further, That of the amounts
appropriated under this paragraph $40,000,000 is for regional
information sharing activities, as authorized by part M of title
I of the 1968 Act, which shall be transferred to and merged
with ‘‘Research, Evaluation, and Statistics’’ for administration
by the Office of Justice Programs: Provided further, That within
the amounts appropriated under this paragraph, no less than
$3,000,000 is to support the Tribal Access Program: Provided
further, That within the amounts appropriated under this para-
graph, $8,000,000 is for training, peer mentoring, mental health
program activities, and other support services as authorized
under the LEMHW Act and STOIC Act;
(2) $11,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114–199);
(3) $15,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of precursor
chemicals, finished methamphetamine, laboratories, and labora-
tory dump seizures: Provided, That funds appropriated under
this paragraph shall be utilized for investigative purposes to
locate or investigate illicit activities, including precursor diver-
sion, laboratories, or methamphetamine traffickers;
(4) $35,000,000 is for competitive grants to statewide law
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enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1263
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration;
(5) $53,000,000 is for competitive grants to be administered
by the Community Oriented Policing Services Office for pur-
poses authorized under the STOP School Violence Act (title
V of division S of Public Law 115–141); and
(6) $35,000,000 is for community policing development
activities in furtherance of section 1701 of title I of the 1968
Act (34 U.S.C. 10381).
GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $50,000 from funds appropriated to the Depart-
ment of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall Abortion.
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 prohibi-
tion be declared unconstitutional by a court of competent jurisdic-
tion, this section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall Abortion.
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the Abortion.
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service out-
side the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 203 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
SEC. 206. None of the funds made available under this title Prisons and
may be used by the Federal Bureau of Prisons or the United prisoners.
States Marshals Service for the purpose of transporting an indi-
vidual 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.
whamilton on LAP1Z6H6L3PROD with STATUTES
SEC. 207. (a) None of the funds appropriated by this Act may Prisons and
be used by Federal prisons to purchase cable television services, prisoners.
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134 STAT. 1264 PUBLIC LAW 116–260—DEC. 27, 2020
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.
Certification. SEC. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced information
technology program having total estimated development costs in
excess of $100,000,000, unless the Deputy Attorney General and
the investment review board certify to the Committees on Appro-
priations 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.
Applicability. SEC. 209. The notification thresholds and procedures set forth
in section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), and to any use of deobligated balances
of funds provided under this title in previous years.
SEC. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A–76 or any successor administrative regulation,
directive, or policy for work performed by employees of the Bureau
of Prisons or of Federal Prison Industries, Incorporated.
SEC. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title
28, United States Code.
SEC. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or author-
ized to be made available) by law, with respect to funds appropriated
by this title under the headings ‘‘Research, Evaluation and Statis-
tics’’, ‘‘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 assist-
ance; 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 trans-
ferred 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.
Determination. SEC. 213. Upon request by a grantee for whom the Attorney
whamilton on LAP1Z6H6L3PROD with STATUTES
Waiver authority. General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1265
other Act making appropriations for fiscal years 2018 through 2021
for the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section 2976(g)(1) of
such part (34 U.S.C. 10631(g)(1)).
(2) For grants to protect inmates and safeguard commu-
nities as authorized by section 6 of the Prison Rape Elimination
Act of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section
6(c)(3) of such Act.
SEC. 214. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12109(a)) shall not
apply to amounts made available by this or any other Act.
SEC. 215. None of the funds made available under this Act, Firearms.
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a
drug cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
SEC. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public Law
102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available
for obligation during fiscal year 2021, except up to $12,000,000
may be obligated for implementation of a unified Department of
Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances trans-
ferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102–140 (105 Stat.
784; 28 U.S.C. 527 note) shall be available for obligation in fiscal
year 2021, and any use, obligation, transfer, or allocation of such
funds shall be treated as a reprogramming of funds under section
505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2021, and any
use, obligation, transfer or allocation of such funds shall be treated
as a reprogramming of funds under section 505 of this Act.
SEC. 217. Discretionary funds that are made available in this
Act for the Office of Justice Programs may be used to participate
in Performance Partnership Pilots authorized under such authori-
ties as have been enacted for Performance Partnership Pilots in
appropriations acts in prior fiscal years and the current fiscal
year.
SEC. 218. Section 1930(a)(6)(B) of title 28, United States Code, Applicability.
shall be applied for this fiscal year and next fiscal year by sub- 28 USC 1930
stituting ‘‘ $300,000,000’’ for ‘‘ $200,000,000’’. note.
SEC. 219. Section 527 of title 28, United States Code, is
amended in the third sentence by inserting ‘‘: (1)’’ before ‘‘the
Department’’ and by inserting ‘‘; and (2) federally recognized tribes
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for supplies, materials, and services related to access to Federal
law enforcement databases;’’ after ‘‘and services’’.
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134 STAT. 1266 PUBLIC LAW 116–260—DEC. 27, 2020
SEC. 220. Section 1825 of title 28, United States Code, is
amended:
(a) in subsections (a) and (b) by striking ‘‘United States marshal
for the district’’ each place it appears and inserting ‘‘Attorney Gen-
eral’’; and
(b) in subsection (c) by striking ‘‘United States marshal’’ and
inserting ‘‘Attorney General’’.
SEC. 221. Section 151 of the Foreign Relations Authorization
Act, Fiscal Years 1990 and 1991 (Public Law 101–246; 5 U.S.C.
5928 note), is amended—
(1) by striking ‘‘or’’ after ‘‘Drug Enforcement Administra-
tion’’ and inserting ‘‘, the’’; and
(2) by inserting ‘‘, or the United States Marshals Service’’
after ‘‘Federal Bureau of Investigation’’.
SEC. 222. There is hereby appropriated $5,000,000, to remain
available until expended, for an additional amount for ‘‘Department
of Justice—General Administration’’, for expenses associated with
the development and operation of a database concerning substan-
tiated instances of excessive use of force related to law enforcement
matters and officer misconduct, as described by, and subject to
the requirements of, section 3 of Executive Order 13929 (June
16, 2020), as such Executive Order was in effect on the date of
the enactment of this Act: Provided, That the Attorney General
may transfer the funds provided in this section to other appropria-
tions accounts in the Department of Justice to use for expenses
associated with the development and operation of such database:
Provided further, That the transfer authority in the preceding pro-
viso is in addition to any other transfer authority contained in
this Act: Provided further, That any transfer pursuant to the first
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
This title may be cited as the ‘‘Department of Justice Appropria-
tions Act, 2021’’.
Science TITLE III
Appropriations
Act, 2021. SCIENCE
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$5,544,000.
NATIONAL SPACE COUNCIL
For necessary expenses of the National Space Council, in car-
rying out the purposes of title V of Public Law 100–685 and Execu-
tive Order No. 13803, hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
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to exceed $2,250 for official reception and representation expenses,
$1,965,000: Provided, That notwithstanding any other provision
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1267
of law, the National Space Council may accept personnel support
from Federal agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes provided
herein.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
SCIENCE
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program manage-
ment; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $7,301,000,000, to remain
available until September 30, 2022: Provided, That, $2,000,000,000
shall be for Earth Science; $2,700,000,000 shall be for Planetary
Science; $1,356,200,000 shall be for Astrophysics; $414,700,000 shall
be for the James Webb Space Telescope; $751,000,000 shall be
for Heliophysics, and $79,100,000 shall be for Biological and Phys-
ical Science: Provided further, That the National Aeronautics and
Space Administration shall use the Space Launch System (SLS)
for the Europa Clipper mission if the SLS is available and if
torsional loading analysis has confirmed Clipper’s appropriateness
for SLS: Provided further, That, if the conditions in the preceding Competition.
proviso cannot be met, the Administrator shall conduct a full and
open competition, that is not limited to the launch vehicles listed
in the NLS-II contract of the Launch Services Program as of the
date of the enactment of this Act, to select a commercial launch
vehicle for Europa Clipper.
AERONAUTICS
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development activi-
ties, including research, development, operations, support, and serv-
ices; 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, mainte-
nance, and operation of mission and administrative aircraft,
$828,700,000, to remain available until September 30, 2022.
SPACE TECHNOLOGY
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
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space flight, spacecraft control, and communications activities; pro-
gram management; personnel and related costs, including uniforms
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134 STAT. 1268 PUBLIC LAW 116–260—DEC. 27, 2020
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, mainte-
nance, and operation of mission and administrative aircraft,
$1,100,000,000, to remain available until September 30, 2022: Pro-
vided, That $227,000,000 shall be for RESTORE–L/SPace Infra-
structure 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,
Deadline. That, not later than 180 days after the enactment of this Act,
Plan. 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 activi-
ties, including research, development, operations, support, and serv-
ices; 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, mainte-
nance, and operation of mission and administrative aircraft,
$6,555,400,000, to remain available until September 30, 2022: Pro-
vided, That not less than $1,406,700,000 shall be for the Orion
Multi-Purpose Crew Vehicle: Provided further, That not less than
$2,585,900,000 shall be for the Space Launch System (SLS) launch
vehicle, which shall have a lift capability not less than 130 metric
tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously to be used to the maximum extent
practicable, including for Earth to Moon missions and Moon
landings: Provided further, That of the amounts provided for SLS,
not less than $400,000,000 shall be for SLS Block 1B development
including the Exploration Upper Stage and associated systems
including related facilitization, to support an SLS Block 1B mission
available to launch in 2025 in addition to the planned Block 1
missions for Artemis 1 through Artemis 3: Provided further, That
$590,000,000 shall be for Exploration Ground Systems and associ-
ated Block 1B activities, including $74,000,000 for a second mobile
Budget profile. launch platform: Provided further, That the National Aeronautics
and Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate,
concurrent with the annual budget submission, a 5-year budget
profile for an integrated system that includes the SLS, the Orion
Multi-Purpose Crew Vehicle, and associated ground systems that
will ensure a crewed launch as early as possible, as well as a
system-based funding profile for a sustained launch cadence that
contemplates the use of an SLS Block 1B cargo variant and associ-
ated ground systems: Provided further, That $1,972,800,000 shall
be for exploration research and development.
SPACE OPERATIONS
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For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and development
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1269
activities, including research, development, operations, support and
services; space flight, spacecraft control, and communications activi-
ties, including operations, production, and services; maintenance
and repair, facility planning and design; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $3,988,200,000, to remain
available until September 30, 2022.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
ENGAGEMENT
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research, develop-
ment, operations, support, and services; program management; per-
sonnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $127,000,000, to remain
available until September 30, 2022, of which $26,000,000 shall
be for the Established Program to Stimulate Competitive Research
and $51,000,000 shall be for the National Space Grant College
and Fellowship Program.
SAFETY, SECURITY AND MISSION SERVICES
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology, explo-
ration, 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; pro-
gram 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 recep-
tion and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$2,936,500,000, to remain available until September 30, 2022: Pro-
vided, That if available balances in the ‘‘Science, Space, and Tech-
nology Education Trust Fund’’ are not sufficient to provide for
the grant disbursements required under the third and fourth pro-
visos 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
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For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
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134 STAT. 1270 PUBLIC LAW 116–260—DEC. 27, 2020
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 environ-
mental compliance and restoration, $390,278,000, to remain avail-
Contracts. able until September 30, 2026: Provided, That proceeds from leases
Time period. deposited into this account shall be available for a period of 5
51 USC 20145 years to the extent and in amounts as provided in annual appropria-
note.
tions 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,
Deadline. That each annual budget request shall include an annual estimate
Estimate. of gross receipts and collections and proposed use of all funds
Proposal. collected pursuant to section 20145 of title 51, United States Code.
51 USC 30103
note.
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)
51 USC 20144 Funds for any announced prize otherwise authorized shall
note. 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 appro-
priations, 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 Environ-
mental 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 pur-
poses 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 expendi-
ture in fiscal year 2021 may be transferred between such appropria-
tions, 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.
Spending plan. The spending plan required by this Act shall be provided by
the National Aeronautics and Space Administration at the theme,
program, project, and activity level. The spending plan, as well
as any subsequent change of an amount established in that
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spending plan that meets the notification requirements of section
505 of this Act, shall be treated as a reprogramming under section
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1271
505 of this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in that
section.
Not more than 40 percent of the amounts made available in Plan.
this Act for the Gateway; Advanced Cislunar and Surface Capabili-
ties; Commercial LEO Development; Human Landing System; and
Lunar Discovery and Exploration, excluding the Lunar Reconnais-
sance Orbiter, may be obligated until the Administrator submits
a multi-year plan to the Committees on Appropriations of the
House of Representatives and the Senate that identifies estimated
dates, by fiscal year, for Space Launch System flights to build
the Gateway; the commencement of partnerships with commercial
entities for additional LEO missions to land humans and rovers
on the Moon; and conducting additional scientific activities on the
Moon. The multi-year plan shall include key milestones to be met
by fiscal year to achieve goals for each of the lunar programs
described in the previous sentence and funding required by fiscal
year to achieve such milestones, as well as funding provided in
fiscal year 2021 and previous years.
Of the amounts provided for Exploration Systems Development,
$25,000,000 shall be transferred to Construction and Environmental
Compliance and Restoration (CECR) for Exploration Construction
of Facilities consistent with direction provided in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act). The authority provided by this para-
graph is in addition to the authority provided by the second para-
graph under this heading.
Not more than 20 percent or $50,000,000, whichever is less,
of the amounts made available in the current-year CECR appropria-
tion may be applied to CECR projects funded under previous years’
CECR appropriation Acts. Use of current-year funds under this
provision shall be treated as a reprogramming of funds under
section 505 of this act and shall not be available for obligation
except in compliance with the procedures set forth in that section.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86–209 (42 U.S.C. 1880 et seq.); services as authorized by section
3109 of title 5, United States Code; maintenance and operation
of aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $6,909,769,000, to
remain available until September 30, 2022, of which not to exceed
$544,000,000 shall remain available until expended for polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and logistical
and other related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and materials
furnished by the National Research Centers and other National
Science Foundation supported research facilities may be credited
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to this appropriation.
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134 STAT. 1272 PUBLIC LAW 116–260—DEC. 27, 2020
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facili-
ties, and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including author-
ized travel, $241,000,000, to remain available until expended.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science, mathematics,
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of 1950
(42 U.S.C. 1861 et seq.), including services as authorized by section
3109 of title 5, United States Code, authorized travel, and rental
of conference rooms in the District of Columbia, $968,000,000, to
remain available until September 30, 2022.
AGENCY OPERATIONS AND AWARD MANAGEMENT
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42 U.S.C.
1861 et seq.); services authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles; uniforms or allow-
ances 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 oper-
ation 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, author-
ized 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 Founda-
tion 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
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for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1273
no such appropriation shall be increased by more than 10 percent
by any such transfers. Any transfer pursuant to this paragraph
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall Notification.
notify the Committees on Appropriations of the House of Represent- Deadline.
atives and the Senate at least 30 days in advance of any planned
divestment through transfer, decommissioning, termination, or
deconstruction of any NSF-owned facilities or any NSF capital
assets (including land, structures, and equipment) valued greater
than $2,500,000.
This title may be cited as the ‘‘Science Appropriations Act,
2021’’.
TITLE IV
RELATED AGENCIES
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $12,500,000: Provided,
That none of the funds appropriated in this paragraph may be
used to employ any individuals under Schedule C of subpart C
of part 213 of title 5 of the Code of Federal Regulations exclusive
of one special assistant for each Commissioner: Provided further,
That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days: Provided further, That the Chair may accept and use any Donations.
gift or donation to carry out the work of the Commission: Provided
further, That none of the funds appropriated in this paragraph
shall be used for any activity or expense that is not explicitly
authorized by section 3 of the Civil Rights Commission Act of
1983 (42 U.S.C. 1975a): Provided further, That notwithstanding
the preceding proviso, $500,000 shall be used to separately fund
the Commission on the Social Status of Black Men and Boys.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights
Act of 1991, the Genetic Information Nondiscrimination Act (GINA)
of 2008 (Public Law 110–233), the ADA Amendments Act of 2008
(Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of
2009 (Public Law 111–2), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code;
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nonmonetary awards to private citizens; and up to $31,500,000
for payments to State and local enforcement agencies for authorized
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134 STAT. 1274 PUBLIC LAW 116–260—DEC. 27, 2020
services to the Commission, $404,490,000: Provided, That the
Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available
Workforce funds: Provided further, That the Commission may take no action
proposals. to implement any workforce repositioning, restructuring, or reorga-
Notification. nization 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 require-
Donations. ments 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 author-
ized by section 3109 of title 5, United States Code, and not to
exceed $2,250 for official reception and representation expenses,
$103,000,000, to remain available until expended.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$465,000,000, of which $425,500,000 is for basic field programs
and required independent audits; $5,500,000 is for the Office of
Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $23,000,000
is for management and grants oversight; $4,250,000 is for client
self-help and information technology; $4,750,000 is for a Pro Bono
Innovation Fund; and $2,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5, United
States Code, notwithstanding section 1005(d) of the Legal Services
Applicability. Corporation Act (42 U.S.C. 2996d(d)): Provided further, That the
authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation: Provided further, That, for the
purposes of section 505 of this Act, the Legal Services Corporation
shall be considered an agency of the United States Government.
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
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1997 and 1998 shall be deemed to refer instead to 2020 and 2021,
respectively.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1275
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), $3,769,000.
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by section
3109 of title 5, United States Code, $55,000,000, of which $1,000,000
shall remain available until expended: Provided, That of the total
amount made available under this heading, not to exceed $124,000
shall be available for official reception and representation expenses.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For activities of the United States Trade Representative author-
ized 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 author-
ized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $7,000,000, of which $500,000 shall remain available until
September 30, 2022: Provided, That not to exceed $2,250 shall
be available for official reception and representation expenses: Pro-
vided 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 Propaganda.
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
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shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
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134 STAT. 1276 PUBLIC LAW 116–260—DEC. 27, 2020
Contracts. SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursu-
ant 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.
Notifications. SEC. 505. None of the funds provided under this Act, or provided
Deadline. 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) reorga-
nizes 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.
Definition. (2) The term ‘‘promotional items’’ has the meaning given the
term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
Reports. 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 Appropria-
tions 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, com-
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mitted balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1277
which the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately identify
amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
limitation of a current accounting system, the department or agency
shall fulfill such aspect to the maximum extent practicable under
such accounting system and shall identify and describe in each
quarterly report the extent to which such aspect is not fulfilled.
SEC. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer Transfer
funds between appropriations accounts as may be necessary to authority.
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 Com- Applicability.
merce, this section shall also apply to actions taken for the care Loans.
and protection of loan collateral or grant property. Grants.
SEC. 509. None of the funds provided by this Act shall be Tobacco and
available to promote the sale or export of tobacco or tobacco prod- tobacco products.
ucts, 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 34 USC 20101
deposited or available in the Fund established by section 1402 note.
of chapter XIV of title II of Public Law 98–473 (34 U.S.C. 20101)
in any fiscal year in excess of $2,015,000,000 shall not be available
for obligation until the following fiscal year: Provided, That notwith-
standing section 1402(d) of such Act, of the amounts available
from the Fund for obligation: (1) $10,000,000 shall be transferred
to the Department of Justice Office of Inspector General and remain
available until expended for oversight and auditing purposes associ-
ated with this section; and (2) 5 percent shall be available to
the Office for Victims of Crime for grants, consistent with the
requirements of the Victims of Crime Act, to Indian Tribes to
improve services for victims of crime.
SEC. 511. None of the funds made available to the Department Discrimination.
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 appro-
priations Act.
SEC. 513. (a) The Inspectors General of the Department of Audits.
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Commerce, the Department of Justice, the National Aeronautics Reports.
and Space Administration, the National Science Foundation, and
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134 STAT. 1278 PUBLIC LAW 116–260—DEC. 27, 2020
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.
Deadline. (b) Within 60 days after the date on which an audit described
Public in subsection (a) by an Inspector General is completed, the Sec-
information.
Web posting. retary, 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.
Certification. (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.
Effective date. (d) The provisions of the preceding subsections of this section
Consultation. shall take effect 30 days after the date on which the Director
Determination.
Applicability. 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.
Reviews. SEC. 514. (a) None of the funds appropriated or otherwise
Science and made available under this Act may be used by the Departments
technology. 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 pro-
vided by the FBI and other appropriate agencies; and
Consultation. (3) in consultation with the FBI or other appropriate Fed-
Assessment. eral entity, conducted an assessment of any risk of cyber-
Cyber threats. espionage or sabotage associated with the acquisition of such
Country listing.
system, including any risk associated with such system being
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produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1279
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People’s Republic of China, the
Islamic Republic of Iran, the Democratic People’s Republic of
Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made available Consultations.
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 Mitigation
supply chain risk management experts, a mitigation strategy strategy.
for any identified risks;
(2) determined, in consultation with NIST and the FBI, Determination.
that the acquisition of such system is in the national interest
of the United States; and
(3) reported that determination to the Committees on Reports.
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 Torture.
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 agree-
ment the text of—
(1) paragraph 2 of article 16.7 of the United States–Singa-
pore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States–Aus-
tralia 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 National security
be used to authorize or issue a national security letter in contraven- letter.
tion 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 Pri-
vacy 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 Notifications.
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 Deadline.
Director shall notify the House and Senate Committees on Appro- Determination.
Cost estimates.
priations 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
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increase in total program costs or procurement costs; new estimates
of the total project or procurement costs; and a statement validating
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134 STAT. 1280 PUBLIC LAW 116–260—DEC. 27, 2020
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.
Contracts. SEC. 520. None of the funds appropriated or otherwise made
Grants. available by this Act may be used to enter into a contract in
Certification.
Taxes.
an amount greater than $5,000,000 or to award a grant in excess
Time periods. of such amount unless the prospective contractor or grantee certifies
in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
(RESCISSIONS)
Deadlines. SEC. 521. (a) Of the unobligated balances from prior year appro-
priations available to the Department of Commerce, the following
funds are hereby permanently rescinded, not later than September
30, 2021, from the following accounts in the specified amounts—
(1) ‘‘Economic Development Administration, Economic
Development Assistance Programs’’, $10,000,000; and
(2) ‘‘National Oceanic and Atmospheric Administration,
Fisheries Enforcement Asset Forfeiture Fund’’, $5,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby permanently rescinded,
not later than September 30, 2021, from the following accounts
in the specified amounts—
(1) ‘‘Working Capital Fund’’, $188,000,000;
(2) ‘‘Federal Bureau of Investigation, Salaries and
Expenses’’, $80,000,000 including from, but not limited to, fees
collected to defray expenses for the automation of fingerprint
identification and criminal justice information services and
associated costs;
(3) ‘‘State and Local Law Enforcement Activities, Office
of Justice Programs’’, $127,000,000; and
(4) ‘‘State and Local Law Enforcement Activities, Commu-
nity Oriented Policing Services’’, $15,000,000.
Reports. (c) The Departments of Commerce and Justice shall submit
to the Committees on Appropriations of the House of Representa-
tives and the Senate a report no later than September 1, 2021,
specifying the amount of each rescission made pursuant to sub-
sections (a) and (b).
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(d) The amounts rescinded in subsections (a) and (b) shall
not be from amounts that were designated by the Congress as
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1281
an emergency or disaster relief requirement pursuant to the concur-
rent resolution on the budget or the Balanced Budget and Emer-
gency Deficit Control Act of 1985.
SEC. 522. None of the funds made available in this Act may Airline travel.
be used to purchase first class or premium airline travel in con-
travention 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 Conference
be used to send or otherwise pay for the attendance of more than attendees.
50 employees from a Federal department or agency, who are sta-
tioned in the United States, at any single conference occurring
outside the United States unless—
(1) such conference is a law enforcement training or oper-
ational conference for law enforcement personnel and the
majority of Federal employees in attendance are law enforce-
ment personnel stationed outside the United States; or
(2) such conference is a scientific conference and the depart- Determination.
ment or agency head determines that such attendance is in Notification.
Deadline.
the national interest and notifies the Committees on Appropria-
tions 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 Grants.
shall instruct any department, agency, or instrumentality of the Performance
plan.
United States receiving funds appropriated under this Act to track Reports.
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 instrumen-
tality 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 Time period.
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 Light bulbs.
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 China.
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, promul-
gate, implement, or execute a bilateral policy, program, order, or
contract of any kind to participate, collaborate, or coordinate bilat-
erally in any way with China or any Chinese-owned company unless
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such activities are specifically authorized by a law enacted after
the date of enactment of this Act.
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134 STAT. 1282 PUBLIC LAW 116–260—DEC. 27, 2020
(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.
Consultation. (c) The limitations described in subsections (a) and (b) shall
Certification. not apply to activities which NASA, OSTP, or NSC, after consulta-
tion 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.
Deadline. (d) Any certification made under subsection (c) shall be sub-
mitted to the Committees on Appropriations of the House of Rep-
resentatives and the Senate, and the Federal Bureau of Investiga-
tion, 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.
Pornography. 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 nec-
essary 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 assist-
ance-related activity.
Spending plans. SEC. 528. The Departments of Commerce and Justice, the
Deadline. 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.
Contracts. 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 perform-
ance 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 Adminis-
tration.
State listing. SEC. 531. None of the funds made available under this Act
Territories. to the Department of Justice may be used, with respect to any
Medical
marijuana. of the States of Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois,
Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachu-
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setts, Michigan, Minnesota, Mississippi, Missouri, Montana,
Nevada, New Hampshire, New Jersey, New Mexico, New York,
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1283
North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsyl-
vania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wis-
consin, 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 Aero- Reports.
nautics and Space Administration, and the National Science China.
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the Senate
on any official travel to China by any employee of such Department
or agency, including the purpose of such travel.
SEC. 533. None of the funds provided in this Act shall be Termination
available for obligation for the James Webb Space Telescope (JWST) date.
after December 31, 2021, if the individual identified under sub- Determination.
section (c)(2)(E) of section 30104 of title 51, United States Code,
as responsible for JWST determines that the formulation and
development costs (with development cost as defined under section
30104 of title 51, United States Code) are likely to exceed
$8,802,700,000, unless the program is modified so that the costs
do not exceed $8,802,700,000.
SEC. 534. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided, respectively,
for Public Works grants authorized by the Public Works and Eco-
nomic 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 Definition.
term ‘‘persistent poverty counties’’ means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates,
or any Territory or possession of the United States.
SEC. 535. None of the funds appropriated or otherwise made Khalid Sheikh
available in this or any other Act may be used to transfer, release, Mohammed.
or assist in the transfer or release to or within the United States, Detainees.
Cuba.
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense.
SEC. 536. (a) None of the funds appropriated or otherwise Detainees.
made available in this or any other Act may be used to construct, Cuba.
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guanta-
namo Bay, Cuba.
(c) An individual described in this subsection is any individual
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who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
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134 STAT. 1284 PUBLIC LAW 116–260—DEC. 27, 2020
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Exports and SEC. 537. (a) Notwithstanding any other provision of law or
imports. treaty, none of the funds appropriated or otherwise made available
Canada.
Firearms. under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, acces-
sories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Traf-
ficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumer-
ated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
President. (d) The President may require export licenses under this section
Determination. on a temporary basis if the President determines, upon publication
Federal Register,
publication. first in the Federal Register, that the Government of Canada has
implemented or maintained inadequate import controls for the arti-
cles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in inter-
national terrorism or in the escalation of a conflict in another
Termination. nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
Firearms. SEC. 538. Notwithstanding any other provision of law, no
Ammunition. department, agency, or instrumentality of the United States
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receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1285
expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section
478.112 or .113, for a permit to import United States origin ‘‘curios
or relics’’ firearms, parts, or ammunition.
SEC. 539. None of the funds made available by this Act may Exports and
be used to pay the salaries or expenses of personnel to deny, imports.
or fail to act on, an application for the importation of any model Firearms.
of shotgun if—
(1) all other requirements of law with respect to the pro-
posed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily adapt-
able to sporting purposes.
SEC. 540. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 541. For an additional amount for ‘‘United States Marshals
Service, Federal Prisoner Detention’’, $125,000,000, to remain avail-
able until expended, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including for necessary
expenses related to United States prisoners in the custody of the
United States Marshals Service, to be used only as authorized
by section 4013 of title 18, United States Code: Provided, That
such amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985.
SEC. 542. For an additional amount for ‘‘Federal Bureau of
Investigation, Salaries and Expenses’’, $179,000,000, to remain
available until September 30, 2022, to prevent, prepare for, and
respond to coronavirus, domestically or internationally, including
the impact of coronavirus on the work of the Department of Justice,
to make necessary improvements to the National Instant Criminal
Background Check System, and to offset the loss resulting from
the coronavirus pandemic of fees collected pursuant to section 41104
of title 34, United States Code: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
SEC. 543. For an additional amount for ‘‘Federal Prison System,
Salaries and Expenses’’, $300,000,000, to remain available until
September 30, 2022, to prevent, prepare for, and respond to
coronavirus, domestically or internationally, including the impact
of coronavirus on the work of the Department of Justice: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2021’’.
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134 STAT. 1286 PUBLIC LAW 116–260—DEC. 27, 2020
Department of DIVISION C—DEPARTMENT OF DEFENSE
Defense APPROPRIATIONS ACT, 2021
Appropriations
Act, 2021.
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $44,861,853,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $33,764,579,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, 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 Retire-
ment Fund, $14,557,436,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty sta-
tions, 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
whamilton on LAP1Z6H6L3PROD with STATUTES
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $32,784,171,000.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1287
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 7038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $5,037,119,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $2,200,600,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $843,564,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with per-
forming duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$2,193,493,000.
NATIONAL GUARD PERSONNEL, ARMY
whamilton on LAP1Z6H6L3PROD with STATUTES
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
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134 STAT. 1288 PUBLIC LAW 116–260—DEC. 27, 2020
while on duty under sections 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $8,663,999,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under sections 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $4,530,091,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$38,418,982,000: Provided, That not to exceed $12,478,000 may
be used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of the Army, and
payments may be made upon his certificate of necessity for confiden-
tial military purposes.
OPERATION AND MAINTENANCE, NAVY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $47,632,527,000: Provided, That not to exceed
$15,055,000 may be used for emergencies and extraordinary
expenses, to be expended upon the approval or authority of the
Secretary of the Navy, and payments may be made upon his certifi-
cate of necessity for confidential military purposes.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $7,286,184,000.
OPERATION AND MAINTENANCE, AIR FORCE
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For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1289
$33,528,409,000: Provided, That not to exceed $7,699,000 may be
used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of the Air Force,
and payments may be made upon his certificate of necessity for
confidential military purposes.
OPERATION AND MAINTENANCE, SPACE FORCE
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Space Force, as authorized by
law, $2,492,114,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $39,048,990,000: Provided, That not more than
$3,000,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 may be
used for emergencies and extraordinary expenses, to be expended
upon the approval or authority of the Secretary of Defense, and
payments may be made upon his certificate of necessity for confiden-
tial military purposes: Provided further, That of the funds provided
under this heading, not less than $48,000,000 shall be made avail-
able for the Procurement Technical Assistance Cooperative Agree-
ment 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 Sec-
retary of Defense, the office of the Secretary of a military depart-
ment, or the service headquarters of one of the Armed Forces
into a legislative affairs or legislative liaison office: Provided further,
That $18,000,000, to remain available until expended, is available
only for expenses relating to certain classified activities, and may
be transferred as necessary by the Secretary of Defense to operation
and maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available
for the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit
cost of items that may be purchased with operation and mainte-
nance funds shall not apply to the funds described in the preceding
proviso: Provided further, That of the funds provided under this
heading, $656,140,000, of which $434,630,000, to remain available
until September 30, 2022, shall be available for International Secu-
rity Cooperation Programs and other programs to provide support
and assistance to foreign security forces or other groups or individ-
uals to conduct, support or facilitate counterterrorism, crisis
response, or building partner capacity programs: Provided further,
That the Secretary of Defense shall, not less than 15 days prior Deadline.
to obligating funds made available in this section for International Notification.
Security Cooperation Programs, notify the congressional defense
whamilton on LAP1Z6H6L3PROD with STATUTES
committees in writing of the details of any such obligation: Provided
further, That the Secretary of Defense shall provide quarterly Reports.
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134 STAT. 1290 PUBLIC LAW 116–260—DEC. 27, 2020
reports to the Committees on Appropriations of the House of Rep-
resentatives and the Senate on the use and status of funds made
available in this paragraph: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,887,898,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,115,150,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $283,494,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $3,268,461,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, oper-
ation, 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 specifi-
cally authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
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and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $7,350,837,000.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1291
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modifica-
tion, 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 per-
sonnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,785,853,000.
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $15,211,000, of which not
to exceed $5,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $264,285,000, to remain Determinations.
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 avail-
able to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $421,250,000, to remain avail- Determinations.
able until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environ-
mental 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
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by this appropriation to other appropriations made available to
the Department of the Navy, to be merged with and to be available
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134 STAT. 1292 PUBLIC LAW 116–260—DEC. 27, 2020
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation 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)
Determinations. 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 avail-
able 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)
Determinations. For the Department of Defense, $19,952,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environ-
mental 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 appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation 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)
Determinations. For the Department of the Army, $288,750,000, to remain
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available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1293
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made avail-
able 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 Develop-
ment Account, $88,181,000, to remain available for obligation until
September 30, 2021: Provided, That no other amounts may be
otherwise credited or transferred to the Account, or deposited into
the Account, in fiscal year 2021 pursuant to section 1705(d) of
title 10, United States Code.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized 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
whamilton on LAP1Z6H6L3PROD with STATUTES
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
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134 STAT. 1294 PUBLIC LAW 116–260—DEC. 27, 2020
expenses necessary for the foregoing purposes, $3,457,342,000, to
remain available for obligation until September 30, 2023.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,220,541,000, to
remain available for obligation until September 30, 2023.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $3,611,887,000, to
remain available for obligation until September 30, 2023.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,790,140,000, to
remain available for obligation until September 30, 2023.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat
vehicles; the purchase of passenger motor vehicles for replacement
only; communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor; special-
whamilton on LAP1Z6H6L3PROD with STATUTES
ized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1295
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $8,603,112,000, to
remain available for obligation until September 30, 2023.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$19,480,280,000, to remain available for obligation until September
30, 2023.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$4,477,773,000, to remain available for obligation until September
30, 2023.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $792,023,000, to
remain available for obligation until September 30, 2023.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
whamilton on LAP1Z6H6L3PROD with STATUTES
and installation thereof in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
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134 STAT. 1296 PUBLIC LAW 116–260—DEC. 27, 2020
procurement of critical, long lead time components and designs
for vessels to be constructed or converted in the future; and expan-
sion of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Columbia Class Submarine, $2,869,024,000;
Columbia Class Submarine (AP), $1,253,175,000;
Carrier Replacement Program (CVN–80), $958,933,000;
Carrier Replacement Program (CVN–81), $1,606,432,000;
Virginia Class Submarine, $4,603,213,000;
Virginia Class Submarine (AP), $2,173,187,000;
CVN Refueling Overhauls, $1,531,153,000;
CVN Refueling Overhauls (AP), $17,384,000;
DDG–1000 Program, $78,205,000;
DDG–51 Destroyer, $3,219,843,000;
DDG–51 Destroyer (AP), $159,297,000;
FFG–Frigate, $1,053,123,000;
LPD Flight II, $1,125,801,000;
LPD 32 (AP), $1,000,000;
LPD 33 (AP), $1,000,000;
Expeditionary Sea Base (AP), $73,000,000;
LHA Replacement, $500,000,000;
Expeditionary Fast Transport, $260,000,000;
TAO Fleet Oiler, $20,000,000;
Towing, Salvage, and Rescue Ship, $157,790,000;
LCU 1700, $87,395,000;
Service Craft, $244,147,000;
LCAC SLEP, $56,461,000;
Auxiliary Vessels, $60,000,000;
For outfitting, post delivery, conversions, and first destina-
tion transportation, $752,005,000; and
Completion of Prior Year Shipbuilding Programs,
$407,312,000.
In all: $23,268,880,000, to remain available for obligation until
September 30, 2025: Provided, That additional obligations may
be incurred after September 30, 2025, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further,
Vessels. That none of the funds provided under this heading for the construc-
tion 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 fur-
Vessels. ther, 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 avail-
able by this Act for Columbia Class Submarine (AP) may be avail-
able for the purposes authorized by subsections (f), (g), (h) or (i)
of section 2218a of title 10, United States Code, only in accordance
with the provisions of the applicable subsection.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
whamilton on LAP1Z6H6L3PROD with STATUTES
for conversion); the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants, including
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1297
the land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway,
$10,512,209,000, to remain available for obligation until September
30, 2023: Provided, That such funds are also available for the
maintenance, repair, and modernization of Pacific Fleet ships under
a pilot program established for such purposes.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$2,648,375,000, to remain available for obligation until September
30, 2023.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground han-
dling 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 equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $19,212,753,000,
to remain available for obligation until September 30, 2023.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and acces-
sories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equip-
ment 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 nec-
essary for the foregoing purposes including rents and transportation
of things, $2,142,181,000, to remain available for obligation until
whamilton on LAP1Z6H6L3PROD with STATUTES
September 30, 2023.
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134 STAT. 1298 PUBLIC LAW 116–260—DEC. 27, 2020
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $550,844,000, to
remain available for obligation until September 30, 2023.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground elec-
tronic 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, Govern-
ment-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $23,441,648,000, to remain available for obligation until
September 30, 2023.
PROCUREMENT, SPACE FORCE
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and acces-
sories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equip-
ment 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 nec-
essary for the foregoing purposes including rents and transportation
of things, $2,310,994,000, to remain available for obligation until
September 30, 2023.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only;
expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of
land for the foregoing purposes, and such lands and interests
whamilton on LAP1Z6H6L3PROD with STATUTES
therein, may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and contractor-
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1299
owned equipment layaway, $5,837,347,000, to remain available for
obligation until September 30, 2023.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $174,639,000, to
remain available until expended: Provided, That no less than
$60,000,000 of the funds provided under this heading shall be
obligated and expended by the Secretary of Defense in behalf of
the Department of Defense as if delegated the necessary authorities
conferred by the Defense Production Act of 1950.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$13,969,032,000, to remain available for obligation until September
30, 2022.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$20,078,829,000, to remain available for obligation until September
30, 2022: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$36,357,443,000, to remain available for obligation until September
30, 2022.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, SPACE FORCE
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$10,540,069,000, to remain available until September 30, 2022.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
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by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,
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134 STAT. 1300 PUBLIC LAW 116–260—DEC. 27, 2020
$25,932,671,000, to remain available for obligation until September
30, 2022.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in
connection therewith, $257,120,000, to remain available for obliga-
tion until September 30, 2022.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,473,910,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
law, $33,684,607,000; of which $30,747,659,000 shall be for oper-
ation and maintenance, of which not to exceed one percent shall
remain available for obligation until September 30, 2022, and of
which up to $16,008,365,000 may be available for contracts entered
into under the TRICARE program; of which $544,369,000, to remain
available for obligation until September 30, 2023, shall be for
procurement; and of which $2,392,579,000, to remain available for
obligation until September 30, 2022, shall be for research, develop-
ment, 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 con-
ducted primarily in African nations: Provided further, That of the
funds provided under this heading for research, development, test
and evaluation, not less than $1,489,000,000 shall be made available
to the United States Army Medical Research and Development
Command to carry out the congressionally directed medical research
Reports. 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
Notice. record: Provided further, That the Secretary of Defense shall provide
Deadline. notice to the congressional defense committees not later than 10
Time period. business days after delaying the proposed timeline of such deploy-
Reviews. ment if such delay is longer than 1 week: Provided further, That
whamilton on LAP1Z6H6L3PROD with STATUTES
the Comptroller General of the United States shall perform quar-
terly performance reviews of such deployment.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1301
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,049,800,000,
of which $106,691,000 shall be for operation and maintenance,
of which no less than $51,009,000 shall be for the Chemical Stock-
pile 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 govern-
ments; $616,000 shall be for procurement, to remain available until
September 30, 2023, of which not less than $616,000 shall be
for the Chemical Stockpile Emergency Preparedness Program to
assist State and local governments; and $942,493,000, to remain
available until September 30, 2022, shall be for research, develop-
ment, test and evaluation, of which $935,999,000 shall only be
for the Assembled Chemical Weapons Alternatives program.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $914,429,000, of
which $567,003,000 shall be for counter-narcotics support;
$127,704,000 shall be for the drug demand reduction program;
$194,211,000 shall be for the National Guard counter-drug program;
and $25,511,000 shall be for the National Guard counter-drug
schools program: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period
and for the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of Determination.
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act
of 1978, as amended, $375,439,000, of which $373,483,000 shall
be for operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended upon the approval or authority of the Inspector General,
and payments may be made upon the Inspector General’s certificate
of necessity for confidential military purposes; of which $858,000,
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to remain available for obligation until September 30, 2023, shall
be for procurement; and of which $1,098,000, to remain available
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134 STAT. 1302 PUBLIC LAW 116–260—DEC. 27, 2020
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 Manage-
ment Account, $633,719,000.
TITLE VIII
GENERAL PROVISIONS
Propaganda. SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
10 USC 1584 SEC. 8002. During the current fiscal year, provisions of law
note. 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:
Turkey. 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.
Time period. 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
whamilton on LAP1Z6H6L3PROD with STATUTES
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1303
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense Determination.
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer not to exceed $4,000,000,000 of working capital funds of
the Department of Defense or funds made available in this Act
to the Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivi-
sion 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 unfore-
seen military requirements, than those for which originally appro-
priated and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Sec- Notification.
retary 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 Reprogramming
be available to prepare or present a request to the Committees requests.
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 reprogram-
ming is requested has been denied by the Congress: Provided fur-
ther, That a request for multiple reprogrammings of funds using Reprogramming
authority provided in this section shall be made prior to June requests.
Deadline.
30, 2021: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of
the limitation on the amount of funds that may be transferred
under this section.
SEC. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments
to budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act and
the tables contained in the classified annex accompanying this
Act, the obligation and expenditure of amounts appropriated or
otherwise made available in this Act for those programs, projects,
and activities for which the amounts appropriated exceed the
amounts requested are hereby required by law to be carried out
in the manner provided by such tables to the same extent as
if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section Applicability.
8005 shall apply when transfers of the amounts described in sub-
section (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after enactment of this Reports.
Act, the Department of Defense shall submit a report to the congres-
sional 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
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by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level;
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134 STAT. 1304 PUBLIC LAW 116–260—DEC. 27, 2020
(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.
Certification. (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 trans-
fers from the following appropriations accounts:
(1) ‘‘Environmental Restoration, Army’’;
(2) ‘‘Environmental Restoration, Navy’’;
(3) ‘‘Environmental Restoration, Air Force’’;
(4) ‘‘Environmental Restoration, Defense-Wide’’;
(5) ‘‘Environmental Restoration, Formerly Used Defense
Sites’’; and
(6) ‘‘Drug Interdiction and Counter-drug Activities,
Defense’’.
(TRANSFER OF FUNDS)
SEC. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
Determination. That transfers may be made between working capital funds and
Approval. the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
Notification. 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,
Notification. 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.
Notification. SEC. 8009. Funds appropriated by this Act may not be used
Deadline. to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Contracts. SEC. 8010. None of the funds provided in this Act shall be
Notifications. available to initiate: (1) a multiyear contract that employs economic
Deadlines. order quantity procurement in excess of $20,000,000 in any one
10 USC 2306b
note. 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: Pro-
vided, That no part of any appropriation contained in this Act
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shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1305
least to the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 30-day prior notification to the congressional
defense committees: Provided further, That the execution of Analysis.
multiyear authority shall require the use of a present value analysis Determination.
to determine lowest cost compared to an annual procurement: Pro-
vided 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 Budget request.
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 procure-
ment 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 Humanitarian
and maintenance of the Armed Forces, funds are hereby appro- assistance.
priated pursuant to section 401 of title 10, United States Code, Territories.
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated Reports.
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: Pro-
vided, 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 Determination.
of the Army that such action is beneficial for graduate medical Hawaii.
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 per-
sonnel of the Department of Defense may not be managed solely
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on the basis of any constraint or limitation in terms of man years,
end strength, full-time equivalent positions, or maximum number
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134 STAT. 1306 PUBLIC LAW 116–260—DEC. 27, 2020
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.
Workforce (b) None of the funds appropriated by this Act may be used
reduction. to reduce the civilian workforce programmed full time equivalent
Analysis.
levels absent the appropriate analysis of the impacts of these reduc-
tions on workload, military force structure, lethality, readiness,
operational effectiveness, stress on the military force, and fully
burdened costs.
(c) A projection of the number of full-time equivalent positions
shall not be considered a constraint or limitation for purposes
of subsection (a) and reducing funding for under-execution of such
a projection shall not be considered managing based on a constraint
or limitation for purposes of such subsection.
Budget request. (d) The fiscal year 2022 budget request for the Department
Effective date. of Defense, and any justification material and other documentation
supporting such request, shall be prepared and submitted to Con-
gress as if subsections (a) and (b) were effective with respect to
such fiscal year.
(e) Nothing in this section shall be construed to apply to mili-
tary (civilian) technicians.
Lobbying. 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
Applicability. further, That this section applies only to active components of
the Army.
(TRANSFER OF FUNDS)
SEC. 8015. (a) Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protégé Program may be
transferred to any other appropriation contained in this Act solely
for the purpose of implementing a Mentor-Protégé Program develop-
mental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
(b) The Secretary of Defense shall include with the budget
justification documents in support of the budget for any fiscal
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year after fiscal year 2021 (as submitted to Congress pursuant
to section 1105 of title 31, United States Code) a description of
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1307
each transfer under this section that occurred during the last fiscal
year before the fiscal year in which such budget is submitted.
SEC. 8016. None of the funds in this Act may be available Anchor and
for the purchase by the Department of Defense (and its departments mooring chain.
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 Definition.
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 aggre-
gate 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 Waiver authority.
when adequate domestic supplies are not available to meet Depart- Certification.
ment of Defense requirements on a timely basis, the Secretary
of the Service responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and
the Senate that such an acquisition must be made in order to
acquire capability for national security purposes.
SEC. 8017. None of the funds available in this Act to the
Department of Defense, other than appropriations made for nec-
essary or routine refurbishments, upgrades or maintenance activi-
ties, shall be used to reduce or to prepare to reduce the number
of deployed and non-deployed strategic delivery vehicles and
launchers below the levels set forth in the report submitted to
Congress in accordance with section 1042 of the National Defense
Authorization Act for Fiscal Year 2012.
SEC. 8018. None of the funds appropriated by this Act shall Alcohol and
be used for the support of any nonappropriated funds activity alcoholic
beverages.
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 Applicability.
malt beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not contiguous
with another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8019. None of the funds available to the Department Arms and
of Defense may be used to demilitarize or dispose of M–1 Carbines, munitions.
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, Certification.
or M–1911 pistols, or to demilitarize or destroy small arms ammuni-
whamilton on LAP1Z6H6L3PROD with STATUTES
tion or ammunition components that are not otherwise prohibited
from commercial sale under Federal law, unless the small arms
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134 STAT. 1308 PUBLIC LAW 116–260—DEC. 27, 2020
ammunition or ammunition components are certified by the Sec-
retary of the Army or designee as unserviceable or unsafe for
further use.
SEC. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Waiver authority. Capital Region: Provided, That the Secretary of Defense may waive
Certification. 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.
Contracts. SEC. 8021. In addition to the funds provided else-where in
this Act, $25,000,000 is appropriated only for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25,
United States Code, shall be considered a contractor for the pur-
poses 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
Applicability. 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 acquisi-
tion of commercial items produced or manufactured, in whole or
in part, by any subcontractor or supplier defined in section 1544
of title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code.
SEC. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.
Kuwait. SEC. 8023. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That, upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
Notifications. SEC. 8024. The Secretary of Defense shall notify the congres-
Deadlines. sional defense committees in writing not more than 30 days after
the receipt of any contribution of funds received from the govern-
ment of a foreign country for any purpose relating to the stationing
or operations of the United States Armed Forces: Provided, That
such notification shall include the amount of the contribution; the
purpose for which such contribution was made; and the authority
under which such contribution was accepted by the Secretary of
Defense: Provided further, That not fewer than 15 days prior to
whamilton on LAP1Z6H6L3PROD with STATUTES
obligating such funds, the Secretary of Defense shall submit to
the congressional defense committees in writing a notification of
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1309
the planned use of such contributions, including whether such con-
tributions would support existing or new stationing or operations
of the United States Armed Forces.
SEC. 8025. (a) Of the funds made available in this Act, not
less than $56,205,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $43,205,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $11,200,000 shall be available from ‘‘Aircraft Procure-
ment, Air Force’’; and
(3) $1,800,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug activities
in support of Federal, State, and local government agencies.
SEC. 8026. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (depart-
ment) 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 mem-
bership corporation consisting of a consortium of other FFRDCs
and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through
a fee or other payment mechanism, for construction of new buildings
not located on a military installation, for payment of cost sharing
for projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2021, not more
than 6,053 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That, within such funds for 6,053
staff years, funds shall be available only for 1,148 staff years
for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
(e) The Secretary of Defense shall, with the submission of Reports.
the department’s fiscal year 2022 budget request, submit a report Budget
presenting the specific amounts of staff years of technical effort estimates.
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to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
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134 STAT. 1310 PUBLIC LAW 116–260—DEC. 27, 2020
Contracts. SEC. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
Applicability. 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,
Waiver authority. alloy or armor steel plate: Provided further, That the Secretary
Certification. 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 Representa-
tives and the Senate that adequate domestic supplies are not avail-
able 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.
Definition. SEC. 8028. For the purposes of this Act, the term ‘‘congressional
10 USC 2241 defense committees’’ means the Armed Services Committee of the
note.
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8029. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities
Certification. 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.
Consultation. SEC. 8030. (a)(1) If the Secretary of Defense, after consultation
Determination. with the United States Trade Representative, determines that a
Contracts.
Rescission. foreign country which is party to an agreement described in para-
41 USC 8304 graph (2) has violated the terms of the agreement by discriminating
note. 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.
Memorandum. (2) An agreement referred to in paragraph (1) is any recip-
rocal 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.
Reports. (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
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Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1311
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’ Definition.
means chapter 83 of title 41, United States Code.
SEC. 8031. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account shall be available until expended for the payments
specified by section 2687a(b)(2) of title 10, United States Code.
SEC. 8032. (a) Notwithstanding any other provision of law, Native
the Secretary of the Air Force may convey at no cost to the Air Americans.
Force, without consideration, to Indian tribes located in the States State listing.
Housing.
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 Determination.
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 Definition.
Indian tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C.
5131).
SEC. 8033. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $250,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8034. Subject to section 8005 of this Act, the Secretary
of Defense may transfer funds appropriated in fiscal year 2021
for ‘‘Shipbuilding and Conversion, Navy: LPD Flight II–LPD 31’’
to ‘‘Shipbuilding and Conversion, Navy: LPD 32 (AP)’’, and ‘‘Ship-
building and Conversion, Navy: LPD 33 (AP)’’ for fiscal year 2021
advance procurement authorized by section 124(c) of the National
Defense Authorization Act for Fiscal Year 2021: Provided, That
the transfer authority provided under this provision is in addition
to any other transfer authority contained in this Act.
SEC. 8035. Up to $14,000,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ may be made
available for the Asia Pacific Regional Initiative Program for the
purpose of enabling the United States Indo-Pacific Command to
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execute Theater Security Cooperation activities such as humani-
tarian assistance, and payment of incremental and personnel costs
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134 STAT. 1312 PUBLIC LAW 116–260—DEC. 27, 2020
of training and exercising with foreign security forces: Provided,
That funds made available for this purpose may be used, notwith-
standing 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.
Regulations. SEC. 8036. The Secretary of Defense shall issue regulations
Tobacco and to prohibit the sale of any tobacco or tobacco-related products in
tobacco products. military resale outlets in the United States, its territories and
10 USC 2484
note. possessions at a price below the most competitive price in the
local community: Provided, That such regulations shall direct that
the prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
SEC. 8037. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been charge-
able 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.
Budget request. (b) The fiscal year 2022 budget request for the Department
of Defense as well as all justification material and other documenta-
tion 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 budg-
eted 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.
50 USC 3521 SEC. 8038. None of the funds appropriated by this Act for
note. programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able 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 develop-
ment acquisition, for agent operations, and for covert action pro-
grams 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 construc-
tion, improvement, or alteration of facilities, including leased facili-
ties, to be used primarily by personnel of the intelligence community
shall remain available until September 30, 2023.
SEC. 8039. Of the funds appropriated to the Department of
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Defense under the heading ‘‘Operation and Maintenance, Defense-
Wide’’, not less than $12,000,000 shall be made available only
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1313
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8040. (a) None of the funds appropriated in this Act Compliance.
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’’ Definition.
means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has Determinations.
been convicted of intentionally affixing a label bearing a ‘‘Made Labeling.
in America’’ inscription to any product sold in or shipped to the Fraud.
Debarment.
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 con-
tracting 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 Con-
gress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality competitive, and available in a timely
fashion.
SEC. 8041. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that head-
quarters.
(b) The Secretary of Defense or Secretary of a military depart- Waiver authority.
ment may waive the limitations in subsection (a), on a case-by- Determination.
case basis, if the Secretary determines, and certifies to the Commit- Certification.
tees 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, Determination.
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 Mor-
tuary Operations for the Department of Defense and authorized
Federal entities.
SEC. 8042. (a) None of the funds appropriated by this Act Contracts.
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shall be available to convert to contractor performance an activity Effective date.
or function of the Department of Defense that, on or after the
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134 STAT. 1314 PUBLIC LAW 116–260—DEC. 27, 2020
date of the enactment of this Act, is performed by Department
of Defense civilian employees unless—
Plan. (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;
Determination. (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 per-
sonnel-related costs for performance of that activity or func-
tion 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 insur-
ance 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 con-
tribute 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 adminis-
trative 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 (sec-
tion 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 con-
tracts 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
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measurement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority of, and
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1315
in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial activi-
ties.
(RESCISSIONS)
SEC. 8043. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism or as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Bal-
anced Budget and Emergency Deficit Control Act of 1985, as
amended:
‘‘Shipbuilding and Conversion, Navy: DDG–51 Destroyer’’,
2014/2021, $66,567,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2019/2021, $23,840,000;
‘‘Aircraft Procurement, Navy’’, 2019/2021, $23,094,000;
‘‘Aircraft Procurement, Air Force’’, 2019/2021,
$465,447,000;
‘‘Other Procurement, Air Force’’, 2019/2021, $12,400,000;
‘‘Aircraft Procurement, Army’’, 2020/2022, $26,900,000;
‘‘Missile Procurement, Army’’, 2020/2022, $2,377,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2020/2022, $148,141,000;
‘‘Procurement of Ammunition, Army’’, 2020/2022,
$7,500,000;
‘‘Other Procurement, Army’’, 2020/2022, $13,175,000;
‘‘Aircraft Procurement, Navy’’, 2020/2022, $417,128,000;
‘‘Weapons Procurement, Navy’’, 2020/2022, $7,500,000;
‘‘Procurement of Ammunition, Navy and Marine Corps’’,
2020/2022, $8,973,000;
‘‘Shipbuilding and Conversion, Navy: TAO Fleet Oiler
(AP)’’, 2020/2024, $73,000,000;
‘‘Shipbuilding and Conversion, Navy: CVN Refueling Over-
hauls’’, 2020/2024, $13,100,000;
‘‘Other Procurement, Navy’’, 2020/2022, $87,052,000;
‘‘Procurement, Marine Corps’’, 2020/2022, $55,139,000;
‘‘Aircraft Procurement, Air Force’’, 2020/2022,
$543,015,000;
‘‘Missile Procurement, Air Force’’, 2020/2022, $24,500,000;
‘‘Space Procurement, Air Force’’, 2020/2022, $64,400,000;
‘‘Other Procurement, Air Force’’, 2020/2022, $66,726,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2020/2021, $284,228,000;
‘‘Research, Development, Test and Evaluation, Navy’’, 2020/
2021, $84,005,000;
‘‘Research, Development, Test and Evaluation, Air Force’’,
2020/2021, $251,809,000;
‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, 2020/2021, $378,031,000; and
‘‘Defense Counterintelligence and Security Agency Working
Capital Fund’’, 2020/XXXX, $100,000,000.
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SEC. 8044. None of the funds available in this Act may be
used to reduce the authorized positions for military technicians
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134 STAT. 1316 PUBLIC LAW 116–260—DEC. 27, 2020
(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 reduc-
tions are a direct result of a reduction in military force structure.
North Korea. SEC. 8045. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of Korea unless specifically
Armed Forces appropriated for that purpose: Provided, That this restriction shall
remains. not apply to any activities incidental to the Defense POW/MIA
Accounting Agency mission to recover and identify the remains
of United States Armed Forces personnel from the Democratic
People’s Republic of Korea.
Reimbursement. SEC. 8046. Funds appropriated in this Act for operation and
National Guard maintenance of the Military Departments, Combatant Commands
and Reserve. 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.
Drugs and drug SEC. 8047. (a) None of the funds available to the Department
abuse. of Defense for any fiscal year for drug interdiction or counter-
10 USC 274 note. drug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
50 USC 3506 (b) None of the funds available to the Central Intelligence
note. 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 appropria-
tions law.
Ball and roller SEC. 8048. None of the funds appropriated by this Act may
bearings. be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Pro-
Waiver authority. vided, That the Secretary of the military department responsible
Certification. for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions 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 pur-
poses: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial items’’, as defined by section 103
of title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
SEC. 8049. Of the amounts appropriated for ‘‘Working Capital
Fund, Army’’, $125,000,000 shall be available to maintain competi-
tive rates at the arsenals.
SEC. 8050. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $49,000,000 is hereby appro-
Determination. priated to the Department of Defense: Provided, That upon the
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Grants. determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1317
specified as follows: $24,000,000 to the United Service Organizations
and $25,000,000 to the Red Cross.
SEC. 8051. None of the funds in this Act may be used to Supercomputers.
purchase any supercomputer which is not manufactured in the Certification.
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8052. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to the extent
they contribute to the extramural budget. The Secretary of each Reports.
military department, the Director of each Defense Agency, and
the head of each other relevant component of the Department
of Defense shall submit to the congressional defense committees,
concurrent with submission of the budget justification documents
to Congress pursuant to section 1105 of title 31, United States
Code, a report with a detailed accounting of the Small Business
Innovation Research program and the Small Business Technology
Transfer program set-asides taken from programs, projects, or
activities within such department, agency, or component during
the most recently completed fiscal year.
SEC. 8053. None of the funds available to the Department Contracts.
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8054. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8055. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended bal-
ance, 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
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(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
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134 STAT. 1318 PUBLIC LAW 116–260—DEC. 27, 2020
(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 appropria-
tion under this section may not exceed an amount equal to
1 percent of the total appropriation for that account:
Budget Provided, That the Under Secretary of Defense (Comptroller) shall
statement. include with the budget of the President for fiscal year 2022 (as
Time period. 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.
Reimbursement. SEC. 8056. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8057. Of the funds appropriated in this Act under the
heading ‘‘Operation and Maintenance, Defense-Wide’’, $46,000,000
shall be for continued implementation and expansion of the Sexual
Assault Special Victims’ Counsel Program: Provided, That the funds
are made available for transfer to the Department of the Army,
the Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with
and available for the same purposes and for the same time period
as the appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any other
transfer authority provided in this Act.
SEC. 8058. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory require-
ments: Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities preceding and
leading to acceptance for operational use: Provided further, That
this restriction does not apply to programs funded within the
Reports. National Intelligence Program: Provided further, That the Secretary
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of Defense shall, at the time of the submittal to Congress of the
budget of the President for fiscal year 2022 pursuant to section
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1319
1105 of title 31, United States Code, submit to the congressional
defense committees a report detailing the use of funds requested
in research, development, test and evaluation accounts for end-
items used in development, prototyping and test activities preceding
and leading to acceptance for operational use: Provided further,
That the report shall set forth, for each end-item covered by the List.
preceding proviso, a detailed list of the statutory authorities under
which amounts in the accounts described in that proviso were
used for such item: Provided further, That the Secretary of Defense Certification.
shall, at the time of the submittal to Congress of the budget of Compliance.
the President for fiscal year 2022 pursuant to section 1105 of
title 31, United States Code, submit to the congressional defense
committees a certification that funds requested for fiscal year 2022
in research, development, test and evaluation are in compliance
with this section: Provided further, That the Secretary of Defense Waiver authority.
may waive this restriction on a case-by-case basis by certifying Certification.
in writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
SEC. 8059. (a) The Secretary of Defense may, on a case-by- Waiver authority.
case basis, waive with respect to a foreign country each limitation Determination.
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— Applicability.
(1) contracts and subcontracts entered into on or after Contracts.
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters
50–65) of the Harmonized Tariff Schedule of the United States
and products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215,
and 9404.
SEC. 8060. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8061. Notwithstanding any other provision of law, funds Time period.
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appropriated in this Act under the heading ‘‘Research, Development, Reports.
Strategies.
Test and Evaluation, Defense-Wide’’ for any new start advanced Cost estimates.
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134 STAT. 1320 PUBLIC LAW 116–260—DEC. 27, 2020
concept technology demonstration project or joint capability dem-
onstration 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:
Waiver authority. Provided, That the Secretary of Defense may waive this restriction
Certification. on a case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Classified SEC. 8062. The Secretary of Defense shall continue to provide
information. a classified quarterly report to the Committees on Appropriations
Reports. of the House of Representatives and the Senate, Subcommittees
on Defense on certain matters as directed in the classified annex
accompanying this Act.
SEC. 8063. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
Arms and SEC. 8064. None of the funds provided in this Act may be
munitions. 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 demili-
tarization 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.
Waiver authority. SEC. 8065. Notwithstanding any other provision of law, the
Time period. 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)
Contracts. SEC. 8066. Of the amounts appropriated in this Act under
Determinations. the heading ‘‘Operation and Maintenance, Army’’, $133,724,000
shall remain available until expended: Provided, That, notwith-
standing 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
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related to projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of this
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1321
section may provide for such indemnification as the Secretary deter-
mines to be necessary: Provided further, That projects authorized Compliance.
by this section shall comply with applicable Federal, State, and
local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
SEC. 8067. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify—
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request
is presented in the unclassified P–1, R–1, and O–1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in subsection (a) shall be construed to prohibit
the merger of programs or changes to the National Intelligence
Program budget at or below the Expenditure Center level, provided
such change is otherwise in accordance with paragraphs (a)(1)–
(3).
(c) The Director of National Intelligence and the Secretary Study.
of Defense may jointly, only for the purposes of achieving auditable Proposals.
financial statements and improving fiscal reporting, study and
develop detailed proposals for alternative financial management
processes. Such study shall include a comprehensive counterintel- Risk assessment.
ligence risk assessment to ensure that none of the alternative
processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Sec-
retary of Defense shall—
(1) provide the proposed alternatives to all affected agen-
cies;
(2) receive certification from all affected agencies attesting Certifications.
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect counter-
intelligence; and
(3) not later than 30 days after receiving all necessary Deadline.
certifications under paragraph (2), present the proposed alter-
natives and certifications to the congressional defense and intel-
ligence committees.
SEC. 8068. In addition to amounts provided elsewhere in this
Act, $10,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, that upon the Determination.
determination of the Secretary of Defense that it shall serve the Grants.
national interest, these funds shall be available only for a grant Fisher House
Foundation, Inc.
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 hos-
pitalization of an eligible military beneficiary.
(INCLUDING TRANSFER OF FUNDS)
whamilton on LAP1Z6H6L3PROD with STATUTES
SEC. 8069. Of the amounts appropriated for ‘‘Operation and
Maintenance, Navy’’, up to $1,000,000 shall be available for transfer
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134 STAT. 1322 PUBLIC LAW 116–260—DEC. 27, 2020
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).
Modification. SEC. 8070. None of the funds available to the Department
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command operational and administra-
tive control of United States Navy forces assigned to the Pacific
Proposal. 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 Appropria-
tions of the House of Representatives and the Senate: Provided
Time period. further, That the proposed modification may be implemented 30
Notification. 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.
Notice. SEC. 8071. Any notice that is required to be submitted to
10 USC 2302 the Committees on Appropriations of the House of Representatives
note.
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)
Israel. SEC. 8072. Of the amounts appropriated in this Act under
the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Develop-
ment, 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
whamilton on LAP1Z6H6L3PROD with STATUTES
transfer authority provided under this provision is in addition to
any other transfer authority contained in this Act.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1323
(INCLUDING TRANSFER OF FUNDS)
SEC. 8073. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $407,312,000
shall be available until September 30, 2021, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That
the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred
to:
(1) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2008/2021: Carrier Replacement Program $71,000,000;
(2) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2015/2021: DDG–51 Destroyer $9,634,000;
(3) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2021: CVN Refueling Overhauls $186,200,000;
(4) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2021: LPD–17 $30,578,000;
(5) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2016/2021: TAO Fleet Oiler $42,500,000;
(6) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2018/2021: TAO Fleet Oiler $17,400,000; and
(7) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2018/2021: Expeditionary Fast Transport $50,000,000.
SEC. 8074. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2021 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2021.
SEC. 8075. None of the funds provided in this Act shall be Notification.
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken imme-
diately in the interest of national security and only after written
prior notification to the congressional defense committees.
SEC. 8076. The budget of the President for fiscal year 2022 Budget
submitted to the Congress pursuant to section 1105 of title 31, justification.
United States Code, shall include separate budget justification docu- 10 USC 221 note.
ments for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, the Procurement accounts,
and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for
each appropriations account: Provided further, That these docu- Estimates.
ments shall include estimated costs for each element of expense Data.
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
whamilton on LAP1Z6H6L3PROD with STATUTES
of each contingency: Provided further, That these documents shall
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134 STAT. 1324 PUBLIC LAW 116–260—DEC. 27, 2020
include budget exhibits OP–5 and OP–32 (as defined in the Depart-
ment of Defense Financial Management Regulation) for all contin-
gency operations for the budget year and the two preceding fiscal
years.
Nuclear armed SEC. 8077. None of the funds in this Act may be used for
interceptors. research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
SEC. 8078. The Secretary of Defense may use up to $650,000,000
of the amounts appropriated or otherwise made available in this
Act to the Department of Defense for the rapid acquisition and
deployment of supplies and associated support services pursuant
to section 806 of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302
note), but only for the purposes specified in clauses (i), (ii), (iii),
and (iv) of subsection (c)(3)(B) of such section and subject to the
applicable limits specified in clauses (i), (ii), and (iii) of such sub-
section and, in the case of clause (iv) of such subsection, subject
Notification. to a limit of $50,000,000: Provided, That the Secretary of Defense
shall notify the congressional defense committees promptly of all
uses of this authority.
53rd Weather SEC. 8079. None of the funds appropriated or made available
Reconnaissance in this Act shall be used to reduce or disestablish the operation
Squadron.
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Recon-
naissance 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.
Foreign SEC. 8080. None of the funds provided in this Act shall be
intelligence. 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.
Tactical SEC. 8081. (a) None of the funds appropriated by this Act
unmanned aerial may be used to transfer research and development, acquisition,
vehicles.
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters relating
to the employment of unmanned aerial vehicles.
SEC. 8082. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for research and technology, which
shall remain available until September 30, 2022.
Applicability. SEC. 8083. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
considered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations
whamilton on LAP1Z6H6L3PROD with STATUTES
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1325
SEC. 8084. (a) Not later than 60 days after the date of enact- Reports.
ment 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 authori-
ties 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 appro-
priate, 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 Certification.
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 intel-
ligence committees that such reprogramming or transfer is nec-
essary as an emergency requirement.
SEC. 8085. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by
this Act, for support to friendly foreign countries in connection
with the conduct of operations in which the United States is not
participating, pursuant to section 331(d) of title 10, United States
Code, shall be made in accordance with section 8005 or 9002 of
this Act, as applicable.
SEC. 8086. Any transfer of amounts appropriated to the Depart-
ment of Defense Acquisition Workforce Development Account in
or for fiscal year 2021 to a military department or Defense Agency
pursuant to section 1705(e)(1) of title 10, United States Code, shall
be covered by and subject to section 8005 or 9002 of this Act,
as applicable.
SEC. 8087. None of the funds made available by this Act for Child soldiers.
excess defense articles, assistance under section 333 of title 10,
United States Code, or peacekeeping operations for the countries
designated annually to be in violation of the standards of the
Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22
U.S.C. 2370c–1) may be used to support any military training
or operation that includes child soldiers, as defined by the Child
Soldiers Prevention Act of 2008, unless such assistance is otherwise
permitted under section 404 of the Child Soldiers Prevention Act
of 2008.
SEC. 8088. (a) None of the funds provided for the National Notifications.
Intelligence Program in this or any prior appropriations Act shall Time periods.
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
whamilton on LAP1Z6H6L3PROD with STATUTES
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
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134 STAT. 1326 PUBLIC LAW 116–260—DEC. 27, 2020
period may be reduced for urgent national security require-
ments.
(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 accom-
panying 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.
Satellite on-orbit SEC. 8089. In this fiscal year and each fiscal year thereafter,
incentives. funds appropriated under the heading ‘‘Procurement, Space Force’’
10 USC 2241
note. may be obligated for payment of satellite on-orbit incentives in
the fiscal year in which an incentive payment is earned: Provided,
Time period. That any obligation made pursuant to this section may not be
Notification. entered into until 30 calendar days in session after the congressional
defense committees have been notified that an on-orbit incentive
payment has been earned.
Definition. SEC. 8090. For the purposes of this Act, the term ‘‘congressional
intelligence committees’’ means the Permanent Select Committee
on Intelligence of the House of Representatives, the Select Com-
mittee 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 Appropria-
tions of the Senate.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8091. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’
may be transferred by the military department concerned to its
central fund established for Fisher Houses and Suites pursuant
to section 2493(d) of title 10, United States Code.
SEC. 8092. None of the funds appropriated by this Act may
be available for the purpose of making remittances to the Depart-
ment of Defense Acquisition Workforce Development Account in
accordance with section 1705 of title 10, United States Code.
Public SEC. 8093. (a) Any agency receiving funds made available in
information. this Act, shall, subject to subsections (b) and (c), post on the public
Web posting.
Reports. Web site of that agency any report required to be submitted by
Determinations. 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.
Time period. (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.
Contracts. SEC. 8094. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal con-
whamilton on LAP1Z6H6L3PROD with STATUTES
tract for an amount in excess of $1,000,000, unless the contractor
agrees not to—
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1327
(1) enter into any agreement with any of its employees
or independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault and
battery, intentional infliction of emotional distress, false impris-
onment, 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, inten-
tional infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available Certification.
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 inde-
pendent 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 Waiver authority.
subsection (a) or (b) to a particular contractor or subcontractor Determination.
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 sub-
contract 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 Transmittal.
transmit to Congress, and simultaneously make public, any deter- Public
information.
mination under this subsection not less than 15 business days Deadline.
before the contract or subcontract addressed in the determination
may be awarded.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8095. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act,
up to $137,000,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for Fiscal
whamilton on LAP1Z6H6L3PROD with STATUTES
Year 2010, Public Law 111–84: Provided, That for purposes of
section 1704(b), the facility operations funded are operations of
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134 STAT. 1328 PUBLIC LAW 116–260—DEC. 27, 2020
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 des-
ignated as a combined Federal medical facility as described by
Notification. section 706 of Public Law 110–417: Provided further, That addi-
tional funds may be transferred from funds appropriated for oper-
ation and maintenance for the Defense Health Program to the
Joint Department of Defense-Department of Veterans Affairs Med-
ical Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
SEC. 8096. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
or a component thereof in contravention of the provisions of section
130h of title 10, United States Code.
SEC. 8097. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of passenger
carrying vehicles.
(INCLUDING TRANSFER OF FUNDS)
Determination. SEC. 8098. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000
of the funds made available in this Act for the National Intelligence
Program: Provided, That such authority to transfer may not be
used unless for higher priority items, based on unforeseen intel-
ligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
Reprogramming has been denied by the Congress: Provided further, That a request
requests. for multiple reprogrammings of funds using authority provided
Deadline.
in this section shall be made prior to June 30, 2021.
SEC. 8099. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50 U.S.C.
1541 et seq.).
Khalid Sheikh SEC. 8100. None of the funds appropriated or otherwise made
Mohammed. available in this or any other Act may be used to transfer, release,
Detainees.
Cuba.
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantánamo Bay, Cuba, by the Depart-
ment of Defense.
Detainees. SEC. 8101. None of the funds appropriated or otherwise made
Cuba. available in this Act may be used to transfer any individual detained
at United States Naval Station Guantánamo Bay, Cuba, to the
custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity except in accordance
whamilton on LAP1Z6H6L3PROD with STATUTES
with section 1034 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92) and section 1035 of the
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1329
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232).
SEC. 8102. (a) None of the funds appropriated or otherwise Rosoboronexport.
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the Depart-
ment of Defense, to enter into a contract, memorandum of under-
standing, or cooperative agreement with, or make a grant to, or
provide a loan or loan guarantee to Rosoboronexport or any sub-
sidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in sub- Waiver authority.
section (a) if the Secretary, in consultation with the Secretary Consultation.
Determination.
of State and the Director of National Intelligence, determines that Certification.
it is in the vital national security interest of the United States Russia.
to do so, and certifies in writing to the congressional defense Ukraine.
committees that—
(1) Rosoboronexport has ceased the transfer of lethal mili- Syria.
tary equipment to, and the maintenance of existing lethal mili-
tary equipment for, the Government of the Syrian Arab
Republic;
(2) the armed forces of the Russian Federation have with-
drawn from Crimea, other than armed forces present on mili-
tary bases subject to agreements in force between the Govern-
ment 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 Review.
conduct a review of any action involving Rosoboronexport with Reports.
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 commit-
tees a report containing the results of the review conducted with
respect to such waiver.
SEC. 8103. None of the funds made available in this Act may
be used for the purchase or manufacture of a flag of the United
States unless such flags are treated as covered items under section
2533a(b) of title 10, United States Code.
SEC. 8104. (a) None of the funds appropriated or otherwise Detainees.
made available in this or any other Act may be used to construct, Cuba.
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guantánamo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantánamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
whamilton on LAP1Z6H6L3PROD with STATUTES
(A) in the custody or under the effective control of
the Department of Defense; or
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134 STAT. 1330 PUBLIC LAW 116–260—DEC. 27, 2020
(B) otherwise under detention at United States Naval
Station, Guantánamo Bay, Cuba.
SEC. 8105. Of the amounts appropriated in this Act for ‘‘Ship-
building and Conversion, Navy’’, $60,000,000, to remain available
for obligation until September 30, 2025, may be used for the pur-
chase of two used sealift vessels for the National Defense Reserve
Fleet, established under section 11 of the Merchant Ship Sales
Reimbursement. Act of 1946 (46 U.S.C. 57100): Provided, That such amounts are
available for reimbursements to the Ready Reserve Force, Maritime
Administration account of the United States Department of
Transportation for programs, projects, activities, and expenses
related to the National Defense Reserve Fleet: Provided further,
That notwithstanding 10 U.S.C. 2218 (National Defense Sealift
Fund), none of these funds shall be transferred to the National
Defense Sealift Fund for execution.
Grants. SEC. 8106. The Secretary of Defense shall post grant awards
Web posting. on a public website in a searchable format.
Allocation. SEC. 8107. If the Secretary of a military department reduces
each research, development, test and evaluation, and procurement
account of the military department pursuant to paragraph (1) of
section 828(d) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), the Secretary
shall allocate the reduction determined under paragraph (2) of
such section 828(d) proportionally from all programs, projects, or
activities under such account: Provided, That the authority under
section 804(d)(2) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2302 note) to
transfer amounts available in the Rapid Prototyping Fund shall
be subject to section 8005 or 9002 of this Act, as applicable.
Surveillance. SEC. 8108. None of the funds made available by this Act may
be used by the National Security Agency to—
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person
from a provider of electronic communication services to the
public pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
Salaries. SEC. 8109. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of any agency funded by this Act who approves or implements
the transfer of administrative responsibilities or budgetary
resources of any program, project, or activity financed by this Act
to the jurisdiction of another Federal agency not financed by this
Act without the express authorization of Congress: Provided, That
this limitation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
SEC. 8110. Of the amounts appropriated in this Act for ‘‘Oper-
ation and Maintenance, Navy’’, $376,029,000, to remain available
until expended, may be used for any purposes related to the
National Defense Reserve Fleet established under section 11 of
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the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100): Provided,
Reimbursements. That such amounts are available for reimbursements to the Ready
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1331
Reserve Force, Maritime Administration account of the United
States Department of Transportation for programs, projects, activi-
ties, and expenses related to the National Defense Reserve Fleet.
SEC. 8111. None of the funds made available in this Act may Notifications.
be obligated for activities authorized under section 1208 of the Time period.
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 noti-
fied 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 Waiver authority.
prohibitions in this section if the Secretary determines that such Determination.
waiver is required by extraordinary circumstances and, by not Deadline.
Notification.
later than 72 hours after making such waiver, notifies the congres-
sional defense committees of such waiver.
SEC. 8112. The Secretary of Defense, in consultation with the Consultation.
Service Secretaries, shall submit a report to the congressional Reports.
defense committees, not later than 180 days after the enactment Records.
Time period.
of this Act, detailing the submission of records during the previous Firearms.
12 months to databases accessible to the National Instant Criminal
Background Check System (NICS), including the Interstate Identi-
fication Index (III), the National Crime Information Center (NCIC),
and the NICS Index, as required by Public Law 110–180: Provided,
That such report shall provide the number and category of records
submitted by month to each such database, by Service or Compo-
nent: Provided further, That such report shall identify the number
and category of records submitted by month to those databases
for which the Identification for Firearm Sales (IFFS) flag or other
database flags were used to pre-validate the records and indicate
that such persons are prohibited from receiving or possessing a
firearm: Provided further, That such report shall describe the steps
taken during the previous 12 months, by Service or Component,
to ensure complete and accurate submission and appropriate flag-
ging of records of individuals prohibited from gun possession or
receipt pursuant to 18 U.S.C. 922(g) or (n) including applicable
records involving proceedings under the Uniform Code of Military
Justice.
SEC. 8113. (a) None of the funds provided in this Act for Contracts.
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); ship-
board 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 compo-
nents are manufactured in the United States: Air circuit breakers;
gyrocompasses; electronic navigation chart systems; steering con-
trols; pumps; propulsion and machinery control systems; totally
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enclosed lifeboats; auxiliary equipment pumps; shipboard cranes;
auxiliary chill water systems; and propulsion propellers: Provided,
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134 STAT. 1332 PUBLIC LAW 116–260—DEC. 27, 2020
Deadline. That the Secretary of the Navy shall incorporate United States
manufactured propulsion engines and propulsion reduction gears
into the FFG(X) Frigate program beginning not later than with
the eleventh ship of the program.
SEC. 8114. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense Acquisition
Workforce Development Account may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund estab-
lished 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).
Gaming. SEC. 8115. None of the funds made available by this Act may
Adult be used for Government Travel Charge Card expenses by military
entertainment. 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).
Pornography. SEC. 8116. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary 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.
Turkey. SEC. 8117. None of the funds appropriated by this Act may
be made available to deliver F–35 air vehicles or any other F–
35 weapon system equipment to the Republic of Turkey, except
in accordance with section 1245 of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92).
SEC. 8118. In addition to amounts provided elsewhere in this
Act, there is appropriated $284,000,000, for an additional amount
for ‘‘Operation and Maintenance, Defense-Wide’’, to remain avail-
Grants. able until expended: Provided, That such funds shall only be avail-
Contracts. able to the Secretary of Defense, acting through the Office of Eco-
nomic 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 supple-
ment 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
Determination. 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 defi-
ciencies as determined by the Secretary of Defense: Provided fur-
ther, 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
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Located on Military Installations’’ published by the Department
of Defense in the Federal Register on September 9, 2011 (76 Fed.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1333
Reg. 55883 et seq.): Provided further, That these provisions apply Applicability.
to funds provided under this section, and to funds previously pro-
vided by Congress to construct, renovate, repair, or expand
elementary and secondary public schools on military installations
in order to address capacity or facility condition deficiencies at
such schools to the extent such funds remain unobligated on the
date of enactment of this section.
SEC. 8119. In carrying out the program described in the memo- Applicability.
randum 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 Sec-
retary 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 Embryos.
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 Definition.
include embryo cryopreservation and storage without limitation
on the duration of such cryopreservation and storage.
SEC. 8120. None of the funds made available by this Act may Cuba.
be used to carry out the closure or realignment of the United
States Naval Station, Guantánamo Bay, Cuba.
SEC. 8121. None of the funds provided for, or otherwise made Determination.
available, in this or any other Act, may be obligated or expended
by the Secretary of Defense to provide motorized vehicles, aviation
platforms, munitions other than small arms and munitions appro-
priate for customary ceremonial honors, operational military units,
or operational military platforms if the Secretary determines that
providing such units, platforms, or equipment would undermine
the readiness of such units, platforms, or equipment.
SEC. 8122. The Secretary of Defense may obligate and expend
funds made available under this Act for procurement or for research,
development, test and evaluation for the F–35 Joint Strike Fighter
to modify up to six F–35 aircraft, including up to two F–35 aircraft
of each variant, to a test configuration: Provided, That the Secretary Notification.
of Defense shall, with the concurrence of the Secretary of the Deadline.
Air Force and the Secretary of the Navy, notify the congressional
defense committees not fewer than 30 days prior to obligating
and expending funds under this section: Provided further, That
any transfer of funds pursuant to the authority provided in this
section shall be made in accordance with section 8005 or 9002
of this Act, as appropriate, if applicable: Provided further, That
aircraft referred to previously in this section are not additional
to aircraft referred to in section 8135 of the Department of Defense
Appropriations Act, 2019 and section 8126 of the Department of
Defense Appropriations Act, 2020.
SEC. 8123. Amounts appropriated for ‘‘Defense Health Program’’ 10 USC 1475
in this Act and hereafter may be obligated to make death gratuity note.
payments, as authorized in subchapter II of chapter 75 of title
10, United States Code, if no appropriation for ‘‘Military Personnel’’
is available for obligation for such payments: Provided, That such
obligations may subsequently be recorded against appropriations
available for ‘‘Military Personnel’’.
SEC. 8124. (a) None of the funds made available by this or Corporations.
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any other Act may be used to enter into a contract, memorandum Taxes.
of understanding, or cooperative agreement with, make a grant
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134 STAT. 1334 PUBLIC LAW 116–260—DEC. 27, 2020
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 col-
lecting such tax liability, provided that the applicable Federal
agency is aware of the unpaid Federal tax liability.
(b) Subsection (a) shall not apply if the applicable Federal
agency has considered suspension or debarment of the corporation
described in such subsection and has made a determination that
such suspension or debarment is not necessary to protect the
interests of the Federal Government.
SEC. 8125. During fiscal year 2021, any advance billing for
background investigation services and related services purchased
from activities financed using Defense Working Capital Funds shall
be excluded from the calculation of cumulative advance billings
under section 2208(l)(3) of title 10, United States Code.
SEC. 8126. None of the funds appropriated or otherwise made
available by this Act may be used to transfer the National Recon-
naissance Office to the Space Force: Provided, That nothing in
this Act shall be construed to limit or prohibit cooperation,
collaboration, and coordination between the National Reconnais-
sance Office and the Space Force or any other elements of the
Department of Defense.
Reports. SEC. 8127. None of the funds appropriated or otherwise made
Plans. available by this Act may be used to transfer any element of
Certification.
the Department of the Army, the Department of the Navy, or
a Department of Defense agency to the Space Force unless, concur-
rent with the fiscal year 2022 budget submission (as submitted
to Congress pursuant to section 1105 of title 31, United States
Code), the Secretary of Defense provides a report to the Committees
on Appropriations of the House of Representatives and the Senate,
detailing any plans to transfer appropriate space elements of the
Department of the Army, the Department of the Navy, or a Depart-
ment of Defense agency to the Space Force and certifies in writing
to the Committees on Appropriations of the House of Representa-
tives and the Senate that such transfer is consistent with the
mission of the Space Force and will not have an adverse impact
on the Department or agency from which such element is being
transferred: Provided, That such report shall include fiscal year
2022 budget and future years defense program adjustments associ-
ated with such planned transfers.
SEC. 8128. Funds appropriated in titles I and IX of this Act
under headings for ‘‘Military Personnel’’ may be used for expenses
described therein for members of the Space Force on active duty:
Provided, That amounts appropriated under such headings may
be used for payments pursuant to section 156 of Public Law 97–
377, as amended (42 U.S.C. 402 note), and to the Department
of Defense Military Retirement Fund.
SEC. 8129. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $375,000,000.
SEC. 8130. Notwithstanding any other provision of this Act,
to reflect savings due to lower than anticipated fuel costs, the
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total amount appropriated in this Act is hereby reduced by
$1,700,362,000.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1335
SEC. 8131. (a) Amounts appropriated under title IV of this
Act, as detailed in budget activity eight of the tables in the explana-
tory statement regarding this Act, may be used for expenses for
the agile research, development, test and evaluation, procurement,
production, modification, and operation and maintenance, only for
the following Software and Digital Technology Pilot programs—
(1) Defensive Cyber Operations Army (PE 0608041A);
(2) Risk Management Information (PE 0608013N);
(3) Maritime Tactical Command Control (PE 0608231N);
(4) Space Command and Control (PE 1203614SF);
(5) National Background Investigation Services (PE
0608197V);
(6) Global Command and Control System-Joint (PE
0308150K);
(7) Algorithmic Warfare Cross Functional Team (PE
0308588D8Z); and
(8) Acquisition visibility (PE 0608648D8Z).
(b) None of the funds appropriated by this or prior Department
of Defense Appropriations Acts may be obligated or expended to
initiate additional Software and Digital Technology Pilot Programs
in fiscal year 2021.
SEC. 8132. (a) In addition to amounts otherwise made available
in this Act, there is appropriated $100,000,000 to the Under Sec-
retary of Defense (Acquisition and Sustainment), to remain avail-
able until expended.
(b) The funds provided by subsection (a) shall be available
to the Under Secretary of Defense (Acquisition and Sustainment),
in coordination with the Assistant Secretary of the Army (Acquisi-
tion, Logistics and Technology) and the Assistant Secretary of the
Navy (Research, Development and Acquisition) and the Assistant
Secretary of the Air Force (Acquisition, Technology and Logistics),
to assess and strengthen the manufacturing and defense industrial
base and supply chain resiliency of the United States.
(c)(1) The Under Secretary of Defense (Comptroller) shall
transfer funds provided by subsection (a) to appropriations for oper-
ation and maintenance; procurement; and research, development,
test and evaluation to accomplish the purposes specified in sub-
section (b). Such transferred funds shall be merged with and be
available for the same purposes and for the same time period
as the appropriation to which they are transferred.
(2) The transfer authority provided by this subsection shall
be in addition to any other transfer authority available to the
Department of Defense.
(3) The Under Secretary of Defense (Acquisition and Deadline.
Sustainment) shall, through the Under Secretary of Defense (Comp- Notification.
troller), not less than 30 days prior to making any transfer under
this subsection, notify the congressional defense committees in
writing of the details of the transfer.
(d) Funds appropriated by this section may not be transferred
to ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8133. In addition to amounts appropriated in title II
or otherwise made available elsewhere in this Act, $300,500,000
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is hereby appropriated to the Department of Defense and made
available for transfer to the operation and maintenance accounts
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134 STAT. 1336 PUBLIC LAW 116–260—DEC. 27, 2020
of the Army, Navy, Marine Corps, and Air Force (including National
Guard and Reserve) for purposes of improving military readiness:
Provided, That the transfer authority provided under this provision
is in addition to any other transfer authority provided elsewhere
in this Act.
Contracts. SEC. 8134. None of the funds provided in this Act for require-
ments development, performance specification development, concept
design and development, ship configuration development, systems
engineering, naval architecture, marine engineering, operations
research analysis, industry studies, preliminary design, develop-
ment of the Detailed Design and Construction Request for Proposals
solicitation package, or related activities for the AS(X) Submarine
Tender, T–ARC(X) Cable Laying and Repair Ship, or T–AGOS(X)
Oceanographic Surveillance Ship may be used to award a new
contract for such activities unless these contracts include specifica-
tions that all auxiliary equipment, including pumps and propulsion
shafts are manufactured in the United States.
SEC. 8135. None of the funds made available by this Act may
be obligated or expended for the purpose of decommissioning the
USS Fort Worth or the USS Coronado.
Grants. SEC. 8136. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’,
$50,000,000, to remain available until September 30, 2022: Pro-
vided, 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,
Contracts. That, to be eligible to receive a grant under the program, a commu-
nity must enter into an agreement with the Secretary under which
the community prioritizes the use of funds for the installation
of noise mitigation at covered facilities in the community: Provided
further, That as a condition of receiving funds under this section
a State or local entity shall provide a matching share of ten percent:
Provided further, That grants under the program may be used
to meet the Federal match requirement under the airport improve-
ment program established under subchapter I of chapter 471 and
subchapter I of chapter 475 of title 49, United States Code: Provided
Coordination. further, That, in carrying out the program, the Secretary of Defense
shall coordinate with the Secretary of Transportation to minimize
duplication of efforts with any other noise mitigation program
compliant with part 150 of title 14, Code of Federal Regulations:
Definition. Provided further, That, in this section, the term ‘‘covered facilities’’
Determination. means hospitals, daycare facilities, schools, facilities serving senior
citizens, and private residences that are located within one mile
or a day-night average sound level of 65 or greater of a military
installation or another location at which military aircraft are sta-
tioned or are located in an area impacted by military aviation
noise within one mile or a day-night average sound level of 65
or greater, as determined by the Department of Defense or Federal
Aviation Administration noise modeling programs.
Contracts. SEC. 8137. None of the funds appropriated or otherwise made
Icebreaking available by this Act may be obligated or expended for the lease
vessels. of an icebreaking vessel unless such obligation or expenditure is
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compliant with section 1301 of title 31, United States Code, and
related statutes and is made pursuant to a contract awarded using
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1337
full and open competitive procedures or procedures authorized by
section 2304(c)(6) of title 10, United States Code.
SEC. 8138. Amounts appropriated or otherwise made available
to the Department of Defense in this Act, may not be obligated
or expended for the retirement or divestiture of the RQ–4 Global
Hawk Block 30 and Block 40 aircraft: Provided, That the Secretary
of the Air Force is prohibited from deactivating the corresponding
squadrons responsible for the operations of the aforementioned
aircraft.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$2,748,033,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Ter-
rorism 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 Ter-
rorism 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 Ter-
rorism 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 Ter-
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rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
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134 STAT. 1338 PUBLIC LAW 116–260—DEC. 27, 2020
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 Ter-
rorism 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 Ter-
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $195,314,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $5,800,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $17,497,254,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $11,568,363,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
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on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1339
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $1,108,667,000: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $18,432,020,000: Provided, That such amount is des-
ignated 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 des-
ignated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $6,041,898,000: Provided, That such amount is des-
ignated 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 des-
ignated 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 des-
ignated 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/
whamilton on LAP1Z6H6L3PROD with STATUTES
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
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134 STAT. 1340 PUBLIC LAW 116–260—DEC. 27, 2020
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 Com-
mand—Afghanistan, or the Secretary’s designee, to provide assist-
ance, with the concurrence of the Secretary of State, to the security
forces of Afghanistan, including the provision of equipment, sup-
plies, services, training, facility and infrastructure repair, renova-
tion, 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:
Contracts. Provided further, That such costs shall be limited to contract
changes resulting from inflation, market fluctuation, rate adjust-
ments, 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
Notification. provided in this section: Provided further, That the Secretary shall
Reports. 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 pur-
poses 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
Notification. further, That the Secretary of Defense shall notify the congressional
whamilton on LAP1Z6H6L3PROD with STATUTES
defense committees in writing upon the receipt and upon the obliga-
tion of any contribution, delineating the sources and amounts of
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1341
the funds received and the specific use of such contributions: Pro-
vided further, That the Secretary of Defense shall, not fewer than Deadline.
15 days prior to obligating from this appropriation account, notify Notification.
the congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of Defense Notification.
shall notify the congressional defense committees of any proposed
new projects or activities, or transfer of funds between budget
sub-activity groups in excess of $20,000,000: Provided further, That
the United States may accept equipment procured using funds
provided under this heading in this or prior Acts that was trans-
ferred to the security forces of Afghanistan and returned by such
forces to the United States: Provided further, That equipment pro- Notification.
cured 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 appro-
priated 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 appro- Consultation.
priated under this heading for the Afghanistan Security Forces Certification.
may only be obligated if the Secretary of Defense, in consultation
with the Secretary of State, certifies in writing to the congressional
defense committees that such forces are controlled by a civilian,
representative government that is committed to protecting human
rights and women’s rights and preventing terrorists and terrorist
groups from using the territory of Afghanistan to threaten the
security of the United States and United States allies: Provided
further, That such amount is designated by the Congress for Over-
seas 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 Iraq.
Syria.
For the ‘‘Counter-Islamic State of Iraq and Syria Train and
Equip Fund’’, $710,000,000, to remain available until September
30, 2022: Provided, That such funds shall be available to the Sec- Coordination.
retary of Defense in coordination with the Secretary of State, to
provide assistance, including training; equipment; logistics support,
supplies, and services; stipends; infrastructure repair and renova-
tion; 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 avail- Designation.
able under this heading shall be available to provide assistance Coordination.
only for activities in a country designated by the Secretary of Notification.
Defense, in coordination with the Secretary of State, as having
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a security mission to counter the Islamic State of Iraq and Syria,
and following written notification to the congressional defense
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134 STAT. 1342 PUBLIC LAW 116–260—DEC. 27, 2020
Assessment. committees of such designation: Provided further, That the Sec-
retary of Defense shall ensure that prior to providing assistance
to elements of any forces or individuals, such elements or individ-
uals are appropriately vetted, including at a minimum, assessing
such elements for associations with terrorist groups or groups asso-
ciated with the Government of Iran; and receiving commitments
from such elements to promote respect for human rights and the
Deadline. rule of law: Provided further, That the Secretary of Defense shall,
Notification. 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 Govern-
ment 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:
Waiver authority. Provided further, That the Secretary of Defense may waive a provi-
Determination. sion of law relating to the acquisition of items and support services
Notification. 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 Commit-
tees on Appropriations and Foreign Relations of the Senate and
the Committees on Appropriations and Foreign Affairs of the House
Notification. 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
Determination. to the congressional defense committees: Provided further, That
Notification. 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 commit-
Reports. tees: 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
whamilton on LAP1Z6H6L3PROD with STATUTES
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1343
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$595,112,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$796,599,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $15,225,000, to remain available
until September 30, 2023: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT OF AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $103,875,000, to remain available until September 30, 2023:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$924,823,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$32,905,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
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tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
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134 STAT. 1344 PUBLIC LAW 116–260—DEC. 27, 2020
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 sec-
tion 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: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$772,738,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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,
whamilton on LAP1Z6H6L3PROD with STATUTES
Air Force’’, $785,617,000, to remain available until September 30,
2023: Provided, That such amount is designated by the Congress
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1345
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$355,339,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$342,137,000, to remain available until September 30, 2023: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for
the reserve components of the Armed Forces, $950,000,000, to
remain available for obligation until September 30, 2023: Provided,
That the Chiefs of National Guard and Reserve components shall, Deadline.
not later than 30 days after enactment of this Act, individually Assessments.
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 Sep-
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tember 30, 2022: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
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134 STAT. 1346 PUBLIC LAW 116–260—DEC. 27, 2020
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $5,304,000, to remain available until
September 30, 2022: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $80,818,000, to remain available
until September 30, 2022: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$20,090,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Ter-
rorism 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: Pro-
vided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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 Gen-
eral’’, $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
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or otherwise made available for the Department of Defense for
fiscal year 2021.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1347
(INCLUDING TRANSFER OF FUNDS)
SEC. 9002. Upon the determination of the Secretary of Defense Determination.
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer up to $2,000,000,000 between the appropriations or funds
made available to the Department of Defense in this title: Provided,
That the Secretary shall notify the Congress promptly of each Notification.
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, super-
vision and administration costs and costs for design during construc-
tion include all in-house Government costs.
SEC. 9004. From funds made available in this title, the Sec-
retary of Defense may purchase for use by military and civilian
employees of the Department of Defense in the United States Cen-
tral 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, notwith-
standing price or other limitations applicable to the purchase of
passenger carrying vehicles.
SEC. 9005. Not to exceed $2,000,000 of the amounts appro-
priated by this title under the heading ‘‘Operation and Maintenance,
Army’’ may be used, notwithstanding any other provision of law,
to fund the Commanders’ Emergency Response Program (CERP),
for the purpose of enabling military commanders in Afghanistan
to respond to urgent, small-scale, humanitarian relief and
reconstruction requirements within their areas of responsibility:
Provided, That each project (including any ancillary or related
elements in connection with such project) executed under this
authority shall not exceed $500,000: Provided further, That not Time period.
later than 45 days after the end of each 6 months of the fiscal Reports.
year, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein.
SEC. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces
of the United States and coalition forces supporting military and
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stability operations in Afghanistan and to counter the Islamic State
of Iraq and Syria: Provided, That the Secretary of Defense shall Reports.
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134 STAT. 1348 PUBLIC LAW 116–260—DEC. 27, 2020
provide quarterly reports to the congressional defense committees
regarding support provided under this section.
Iraq. 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.
Syria. (2) To exercise United States control over any oil resource
of Iraq or Syria.
Afghanistan. (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 Restruc-
turing 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 Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
Plan. 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:
Requirements. 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 require-
ments in excess of $100,000,000 using ASFF: Provided further,
Certification. That the Department of Defense must certify to the congressional
Compliance defense committees that the AROC has convened and approved
process. 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:
Determination. 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
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the headings ‘‘Afghanistan Security Forces Fund’’ and ‘‘Counter-
ISIS Train and Equip Fund’’, and under the heading ‘‘Operation
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1349
and Maintenance, Defense-Wide’’ for Department of Defense secu-
rity 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 Ukraine.
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $275,000,000, of which
$137,500,000 to remain available until September 30, 2022 shall
be for the Ukraine Security Assistance Initiative: Provided, That Coordination.
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 replace-
ment of any weapons or articles provided to the Government of
Ukraine from the inventory of the United States: Provided further,
That the Secretary of Defense shall, not less than 15 days prior Deadline.
to obligating funds made available in this section, notify the congres- Notification.
sional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense shall, Deadline.
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 sec-
tion 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 avail- Notification.
able in this section in this or prior Acts, and not yet transferred
to the military or National Security Forces of Ukraine or returned
by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That the Sec- Reports.
retary of Defense shall provide quarterly reports to the Committees
on Appropriations of the House of Representatives and the Senate
on the use and status of funds made available in this section.
SEC. 9014. Funds appropriated in this title shall be available Ukraine.
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 Azov Battalion.
be used to provide arms, training, or other assistance to the Azov
Battalion.
SEC. 9016. Equipment procured using funds provided in prior
Acts under the heading ‘‘Counterterrorism Partnerships Fund’’ for
the program authorized by section 1209 of the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291), and not yet transferred
to authorized recipients may be transferred to foreign security
forces, irregular forces, groups, or individuals, authorized to receive
assistance using amounts provided under the heading ‘‘Counter-
ISIS Train and Equip Fund’’ in this Act: Provided, That such Deadline.
equipment may be transferred 15 days following written notification Notification.
to the congressional defense committees.
SEC. 9017. None of the funds made available by this Act may Iraq.
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
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of United States armed forces into hostilities in Iraq, into situations
in Iraq where imminent involvement in hostilities is clearly
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134 STAT. 1350 PUBLIC LAW 116–260—DEC. 27, 2020
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).
Syria. SEC. 9018. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed or military forces into hostilities in Syria,
into situations in Syria where imminent involvement in hostilities
is clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention
of the congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Afghanistan. SEC. 9019. None of the funds in this Act may be made available
for the transfer of additional C–130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force.
Afghanistan. SEC. 9020. Funds made available by this Act under the heading
Certification. ‘‘Afghanistan Security Forces Fund’’ may be used to provide limited
Deadlines. training, equipment, and other assistance that would otherwise
Reports.
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 objec-
tives in Afghanistan; and (2) the Secretary has sought a commit-
ment by the Government of Afghanistan to take all necessary
corrective steps: Provided, That such certification shall be accom-
panied by a report describing: (1) the information relating to the
gross violation of human rights; (2) the circumstances that neces-
sitated 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
Time period. 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 Afghani-
stan: 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.
Taliban. SEC. 9021. None of the funds made available by this Act may
Afghanistan. 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).
Iran. SEC. 9022. Nothing in this Act may be construed as authorizing
the use of force against Iran.
(RESCISSIONS)
SEC. 9023. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
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the following accounts and programs in the specified amounts:
Provided, That such amounts are designated by the Congress for
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1351
Overseas Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985:
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2019/2021, $90,000,000;
‘‘Aircraft Procurement, Air Force’’, 2019/2021, $16,400,000;
‘‘Operation and Maintenance, Defense-Wide: DSCA Secu-
rity Cooperation’’, 2020/2021, $75,000,000;
‘‘Operation and Maintenance, Defense-Wide: Coalition Sup-
port Funds’’, 2020/2021, $45,000,000;
‘‘Afghanistan Security Forces Fund’’, 2020/2021,
$1,100,000,000;
‘‘Counter-ISIS Train and Equip Fund’’, 2020/2021,
$400,000,000;
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army’’, 2020/2022, $100,000,000;
‘‘Procurement of Ammunition, Air Force’’, 2020/2022,
$49,679,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2020/2021, $2,878,000; and
‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, 2020/2021, $7,165,000.
SEC. 9024. Of the amounts appropriated in this title under
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $753,603,000, to remain
available until September 30, 2022, shall be available for Inter-
national Security Cooperation Programs and other programs to
provide support and assistance to foreign security forces or other
groups or individuals to conduct, support or facilitate counterter-
rorism, crisis response, or building partner capacity programs: Pro-
vided, That the Secretary of Defense shall, not less than 15 days Deadline.
prior to obligating funds made available in this section, notify Notification.
the congressional defense committees in writing of the details of
any planned obligation: Provided further, That the Secretary of Reports.
Defense shall provide quarterly reports to the Committees on Appro-
priations of the House of Representatives and the Senate on the
use and status of funds made available in this section.
SEC. 9025. Of the amounts appropriated in this title under Afghanistan.
the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the Reimbursements.
Defense Security Cooperation Agency, $100,000,000, to remain
available until September 30, 2022, shall be for payments to
reimburse key cooperating nations for logistical, military, and other
support, including access, provided to United States military and
stability operations in Afghanistan and to counter the Islamic State
of Iraq and Syria: Provided, That such reimbursement payments Consultation.
may be made in such amounts as the Secretary of Defense, with Determinations.
Deadline.
the concurrence of the Secretary of State, and in consultation with Notification.
the Director of the Office of Management and Budget, may deter-
mine, 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 Deadline.
these funds may be used for the purpose of providing specialized Notification.
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training and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a non-
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134 STAT. 1352 PUBLIC LAW 116–260—DEC. 27, 2020
reimbursable basis to coalition forces supporting United States mili-
tary 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
Reports. further, That the Secretary of Defense shall provide quarterly
reports to the Committees on Appropriations of the House of Rep-
resentatives and the Senate on the use and status of funds made
available in this section.
Reimbursements. SEC. 9026. Of the amounts appropriated in this title under
Country listing. the heading ‘‘Operation and Maintenance, Defense-Wide’’, for the
Defense Security Cooperation Agency, $250,000,000, to remain
available until September 30, 2022, shall be available to reimburse
Jordan, Lebanon, Egypt, Tunisia, and Oman under section 1226
of the National Defense Authorization Act for Fiscal Year 2016
(22 U.S.C. 2151 note), for enhanced border security, of which not
Deadline. less than $150,000,000 shall be for Jordan: Provided, That the
Notification. Secretary of Defense shall, not less than 15 days prior to obligating
funds made available in this section, notify the congressional
defense committees in writing of the details of any planned obliga-
tion and the nature of the expenses incurred: Provided further,
Reports. That the Secretary of Defense shall provide quarterly reports to
the Committees on Appropriations of the House of Representatives
and the Senate on the use and status of funds made available
in this section.
President. SEC. 9027. Each amount designated in this Act by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently so des-
ignates all such amounts and transmits such designations to the
Congress.
SEC. 9028. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the First
Amendment of the Constitution.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2021’’.
Energy and DIVISION D—ENERGY AND WATER DEVELOPMENT AND
Water RELATED AGENCIES APPROPRIATIONS ACT, 2021
Development and
Related Agencies
Appropriations TITLE I
Act, 2021.
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the direc-
tion 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
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reduction, shore protection, aquatic ecosystem restoration, and
related efforts.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1353
INVESTIGATIONS
For expenses necessary where authorized by law for the collec-
tion and study of basic information pertaining to river and harbor,
flood and storm damage reduction, shore protection, aquatic eco-
system 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 construc-
tion; for restudy of authorized projects; and for miscellaneous inves-
tigations, and, when authorized by law, surveys and detailed
studies, and plans and specifications of projects prior to construc-
tion, $153,000,000, to remain available until expended: Provided,
That the Secretary shall initiate nine new study starts during Studies.
fiscal year 2021: Provided further, That the Secretary shall not Work plan.
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 eco-
system 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 specifica-
tions, shall not constitute a commitment of the Government to
construction); $2,692,645,000, to remain available until expended;
of which such sums as are necessary to cover the Federal share
of construction costs for facilities under the Dredged Material Dis-
posal Facilities program shall be derived from the Harbor Mainte-
nance Trust Fund as authorized by Public Law 104–303; and of
which such sums as are necessary to cover 35 percent of the
costs of construction, replacement, rehabilitation, and expansion
of inland waterways projects, shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided
for in law.
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $380,000,000, to
remain available until expended, of which such sums as are nec-
essary to cover the Federal share of eligible operation and mainte-
nance costs for inland harbors shall be derived from the Harbor
Maintenance Trust Fund: Provided, That the Secretary shall initiate Study.
one new study start in fiscal year 2021: Provided further, That Work plan.
the Secretary shall not deviate from the work plan, once the plan
has been submitted to the Committees on Appropriations of both
Houses of Congress.
OPERATION AND MAINTENANCE
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For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
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134 STAT. 1354 PUBLIC LAW 116–260—DEC. 27, 2020
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 naviga-
tion, $3,849,655,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels,
and for inland harbors shall be derived from the Harbor Mainte-
nance 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 allo-
cated 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 emer-
gency activities proportionally in accordance with the amounts pro-
vided for the programs, projects, or activities.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $210,000,000, to
remain available until September 30, 2022.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $250,000,000, to remain
available until expended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $35,000,000, to remain available until expended.
EXPENSES
For expenses necessary for the supervision and general
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administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division Engineers;
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1355
and for costs of management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Develop-
ment Center, and the United States Army Corps of Engineers
Finance Center allocable to the civil works program, $206,000,000,
to remain available until September 30, 2022, of which not to
exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That
no part of any other appropriation provided in this title shall
be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may
be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to
any flood, hurricane, or other natural disaster.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
(INCLUDING RESCISSION OF FUNDS)
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain
available until September 30, 2022: Provided, That not more than Reports.
75 percent of such amount may be obligated or expended until Work plan.
the Assistant Secretary submits to the Committees on Appropria-
tions of both Houses of Congress the report required under section
101(d) of this Act and a work plan that allocates at least 95
percent of the additional funding provided under each heading
in this title, as designated under such heading in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), to specific programs, projects, or activi-
ties: Provided further, That of the unobligated balances available
from amounts appropriated in prior Acts under this heading,
$500,000 is hereby rescinded: Provided further, That no amounts
may be rescinded from amounts that were designated by the Con-
gress as an emergency requirement pursuant to a concurrent resolu-
tion on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
ACCOUNT
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $12,000,000, to remain available until
expended, for safety projects to maintain, upgrade, and repair dams
identified in the National Inventory of Dams with a primary owner
type of state, local government, public utility, or private: Provided,
That, no project may be funded with amounts provided under
this heading for a dam that is identified as jointly owned in the
National Inventory of Dams and where one of those joint owners
is the Federal Government: Provided further, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize gross obligations
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for the principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized interest,
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134 STAT. 1356 PUBLIC LAW 116–260—DEC. 27, 2020
any part of which is to be guaranteed, not to exceed $950,000,000:
Consultation. Provided further, That, within 30 days of enactment of this Act,
Reports. the Secretary, in consultation with the Office of Management and
Analyses.
Determination.
Budget, shall transmit a report to the Committees on Appropria-
Estimates. tions of the House of Representatives and the Senate that provides:
Regulations. (1) an analysis of how subsidy rates will be determined for loans
financed by appropriations provided under this heading in this
Act; (2) a comparison of the factors that will be considered in
estimating subsidy rates for loans financed under this heading
in this Act with factors that will be considered in estimates of
subsidy rates for other projects authorized by the Water Infrastruc-
ture Finance and Innovation Act of 2014, including an analysis
of how both sets of rates will be determined; and (3) an analysis
of the process for developing draft regulations for the Water Infra-
structure Finance and Innovation program, including a crosswalk
from the statutory requirements for such program, and a timetable
Criteria. for publishing such regulations: Provided further, That the use
of direct loans or loan guarantee authority under this heading
for direct loans or commitments to guarantee loans for any project
shall be in accordance with the criteria published in the Federal
Register on June 30, 2020 (85 FR 39189) pursuant to the fourth
proviso under the heading ‘‘Water Infrastructure Finance and
Innovation Program Account’’ in division D of the Further Consoli-
dated Appropriations Act, 2020 (Public Law 116–94): Provided fur-
Certification. ther, That none of the direct loans or loan guarantee authority
Compliance. made available under this heading shall be available for any project
unless the Secretary and the Director of the Office of Management
and Budget have certified in advance in writing that the direct
loan or loan guarantee, as applicable, and the project comply with
the criteria referenced in the previous proviso: Provided further,
That any references to the Environmental Protection Agency (EPA)
or the Administrator in the criteria referenced in the previous
two provisos shall be deemed to be references to the Army Corps
of Engineers or the Secretary of the Army, respectively, for purposes
of the direct loans or loan guarantee authority made available
under this heading: Provided further, That, for the purposes of
carrying out the Congressional Budget Act of 1974, the Director
of the Congressional Budget Office may request, and the Secretary
shall promptly provide, documentation and information relating
to a project identified in a Letter of Interest submitted to the
Secretary pursuant to a Notice of Funding Availability for applica-
tions for credit assistance under the Water Infrastructure Finance
and Innovation Act Program, including with respect to a project
that was initiated or completed before the date of enactment of
this Act.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation
Act of 2014 shall be deposited in this account, to remain available
until expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $2,200,000, to remain available
until September 30, 2022.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1357
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2021, shall be available
for obligation or expenditure through a reprogramming of funds
that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, Advance
or activity for which funds have been denied or restricted approval.
by this Act, unless prior approval is received from the Commit-
tees on Appropriations of both Houses of Congress;
(4) proposes to use funds directed for a specific activity Advance
for a different purpose, unless prior approval is received from approval.
the Committees on Appropriations of both Houses of Congress;
(5) augments or reduces existing programs, projects, or Advance
activities in excess of the amounts contained in paragraphs approval.
(6) through (10), unless prior approval is received from the
Committees on Appropriations of both Houses of Congress;
(6) INVESTIGATIONS.—For a base level over $100,000, re-
programming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) CONSTRUCTION.—For a base level over $2,000,000, re-
programming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed condi-
tions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) OPERATION AND MAINTENANCE.—Unlimited reprogram-
ming authority is granted for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers shall Notification.
notify the Committees on Appropriations of both Houses of
Congress of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount
up to a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided fur-
ther, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
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(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogram- Guidelines.
ming guidelines in paragraphs (6), (7), and (8) shall apply Applicability.
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134 STAT. 1358 PUBLIC LAW 116–260—DEC. 27, 2020
to the Investigations, Construction, and Operation and Mainte-
nance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PRO-
GRAM.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a re-
programming for less than $50,000 be submitted to the Committees
on Appropriations of both Houses of Congress.
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
Reports. (d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations of both Houses of Congress to establish the
baseline for application of reprogramming and transfer authorities
for the current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Determination. SEC. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), including the deter-
mination and designation of new starts.
SEC. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
SEC. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
SEC. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner for
the disposal or management of dredged material originating from
Lake Erie or tributaries thereto, unless it is approved under a
State water quality certification pursuant to section 401 of the
Federal Water Pollution Control Act (33 U.S.C. 1341): Provided,
That until an open lake placement alternative for dredged material
is approved under a State water quality certification, the Corps
of Engineers shall continue upland placement of such dredged mate-
rial consistent with the requirements of section 101 of the Water
Resources Development Act of 1986 (33 U.S.C. 2211).
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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
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1359
Works functions or authority of the Corps of Engineers or the
Secretary of the Army to another department or agency.
SEC. 107. Additional funding provided in this Act shall be Determination.
allocated only to projects determined to be eligible by the Chief
of Engineers.
SEC. 108. None of the funds made available by this Act may Kentucky.
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project author-
ized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
SEC. 109. (a) When allocating the additional funding provided
in this title under the headings ‘‘Construction’’ and ‘‘Mississippi
River and Tributaries’’, the Secretary shall initiate a total of seven
new construction starts during fiscal year 2021.
(b) For new construction projects, project cost sharing agree- Contracts.
ments shall be executed as soon as practicable but no later than Deadline.
December 31, 2021.
(c) No allocation for a new start shall be considered final Funding
and no work allowance shall be made until the Secretary provides scenario.
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 Work plan.
in the work plan, once the plan has been submitted to the Commit-
tees on Appropriations of both Houses of Congress.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $21,000,000, to remain available until
expended, of which $1,800,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Pro-
vided, 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
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related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
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134 STAT. 1360 PUBLIC LAW 116–260—DEC. 27, 2020
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 rec-
ognized Indian Tribes, and others, $1,521,125,000, to remain avail-
able 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 Reclama-
tion Fund or the Bureau of Reclamation special fee account estab-
lished by 16 U.S.C. 6806 shall be derived from that Fund or account:
Provided further, That funds contributed under 43 U.S.C. 395 are
available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C.
397a shall be credited to this account and are available until
expended for the same purposes as the sums appropriated under
this heading: Provided further, That of the amounts provided herein,
funds may be used for high-priority projects which shall be carried
out by the Youth Conservation Corps, as authorized by 16 U.S.C.
1706: Provided further, That within available funds, $250,000 shall
be for grants and financial assistance for educational activities:
Provided further, That in accordance with section 4007 of Public
Law 114–322, funding provided for such purpose in fiscal years
2017, 2018, 2019, and 2020 shall be made available for the construc-
tion, pre-construction, or study of the Friant-Kern Canal Capacity
Correction Resulting from Subsidence, the Boise River Basin—
Anderson Ranch Dam Raise, the North-of-the-Delta Off Stream
Storage (Sites Reservoir Project), the Los Vaqueros Reservoir Phase
2 Expansion Project, and the Cle Elum Pool Raise (Yakima), as
recommended by the Secretary in the letters dated June 22, 2020,
and December 3, 2020, inclusive; the Delta Mendota Canal Subsid-
ence Correction, the Del Puerto Water District, the San Luis Low
Point Improvement Project, and the Sacramento Regional Water
Bank, as recommended by the Secretary in the letter dated June
22, 2020: Provided further, That in accordance with section 4009(c)
of Public Law 114–322, and as recommended by the Secretary
in a letter dated December 3, 2020, funding provided for such
purpose in fiscal years 2019 and 2020 shall be made available
to the El Paso Aquifer Storage and Recovery Using Reclaimed
Water Project, the Pure Water Monterey: A Groundwater Replenish-
ment Project, the Pure Water Soquel: Groundwater Replenishment
and Seawater Intrusion Prevention Project, the Magna Water Dis-
trict Water Reclamation and Reuse Project, the Pure Water Ocean-
side: Mission Basin Groundwater Purification Facility Project, the
Groundwater Reliability Improvement Program Recycled Water
Project, and the Palmdale Regional Groundwater Recharge and
Recovery Project: Provided further, That in accordance with section
4009(a) of Public Law 114–322, and as recommended by the Sec-
retary in a letter dated December 3, 2020, funding provided for
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such purpose in fiscal years 2019 and 2020 shall be made available
to the Doheny Ocean Desalination Project, the North Pleasant
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1361
Valley Desalter Facility, and the Energy-Efficient Brackish Ground-
water Desalination Project.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, habitat restora-
tion, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, $55,875,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public
Law 102–575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the
full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102–575: Provided
further, That none of the funds made available under this heading
may be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream purposes
by a court adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $33,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED
Program management: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
POLICY AND ADMINISTRATION
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office,
and offices in the six regions of the Bureau of Reclamation, to
remain available until September 30, 2022, $60,000,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed five passenger motor vehicles, which
are for replacement only.
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds provided in title II of this Advance
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Act for Water and Related Resources, or provided by previous approvals.
or subsequent appropriations Acts to the agencies or entities funded
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134 STAT. 1362 PUBLIC LAW 116–260—DEC. 27, 2020
in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2021, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of both Houses of Congress;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropria-
tions of both Houses of Congress:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $400,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any pro-
gram, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of both Houses of Congress; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased con-
tractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of both Houses
of Congress.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
Definition. (c) For purposes of this section, the term ‘‘transfer’’ means
any movement of funds into or out of a program, project, or activity.
Reports. (d) The Bureau of Reclamation shall submit reports on a quar-
terly basis to the Committees on Appropriations of both Houses
of Congress detailing all the funds reprogrammed between pro-
grams, projects, activities, or categories of funding. The first quar-
terly report shall be submitted not later than 60 days after the
date of enactment of this Act.
Determination. SEC. 202. (a) None of the funds appropriated or otherwise
California. made available by this Act may be used to determine the final
Plan. 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 Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
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Reimbursement. (b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1363
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report enti-
tled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, pre-
pared 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 Manage-
ment Act of 2009 (42 U.S.C. 10364(e)) is amended by striking
‘‘ $530,000,000’’ and inserting ‘‘ $610,000,000’’.
SEC. 204. Title I of Public Law 108–361 (the CALFED Bay-
Delta Authorization Act) (118 Stat. 1681), as amended by section
4007(k) of Public Law 114–322, is amended by striking ‘‘2020’’
each place it appears and inserting ‘‘2021’’.
SEC. 205. Section 9106(g)(2) of Public Law 111–11 (Omnibus
Public Land Management Act of 2009) is amended by striking 123 Stat. 1309.
‘‘2020’’ and inserting ‘‘2021’’.
SEC. 206. Section 6002(g)(4) of the Omnibus Public Land
Management Act of 2009 (Public Law 111–11) is amended by 16 USC 1015a.
striking ‘‘2020’’ and inserting ‘‘2021’’.
SEC. 207. (a) Section 104(c) of the Reclamation States Emer-
gency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended
by striking‘‘2020’’ and inserting ‘‘2021’’.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) is amended by striking ‘‘2020’’
and inserting ‘‘2021’’.
SEC. 208. None of the funds made available by this Act may
be used for pre-construction or construction activities for any project
recommended after enactment of the Energy and Water Develop-
ment and Related Agencies Appropriations Act, 2020 and prior
to enactment of this Act by the Secretary of the Interior and
transmitted to the appropriate committees of Congress pursuant
to section 4007, section 4009(a), or section 4009(c) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114–
322) if such project is not named in this Act.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY AND RENEWABLE ENERGY
(INCLUDING RESCISSIONS OF FUNDS)
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
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or facility acquisition, construction, or expansion, $2,864,000,293,
to remain available until expended: Provided, That of such amount,
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134 STAT. 1364 PUBLIC LAW 116–260—DEC. 27, 2020
$165,000,000 shall be available until September 30, 2022, for pro-
gram direction: Provided further, That of the unobligated balances
available from amounts appropriated in Public Law 111–8 under
this heading, $806,831 is hereby rescinded: Provided further, That
of the unobligated balances available from amounts appropriated
in Public Law 111–85 under this heading, $1,433,462 is hereby
rescinded: Provided further, That no amounts may be rescinded
under the previous two provisos from amounts that were designated
by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
CYBERSECURITY, ENERGY SECURITY, AND EMERGENCY RESPONSE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy sector cybersecurity, energy
security, and emergency response activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, $156,000,000, to remain available until
expended: Provided, That of such amount, $12,000,000 shall be
available until September 30, 2022, for program direction.
ELECTRICITY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for electricity activities in carrying out
the purposes of the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $211,720,000, to remain available until
expended: Provided, That of such amount, $18,000,000 shall be
available until September 30, 2022, for program direction.
NUCLEAR ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, $1,507,600,000, to remain available until
expended: Provided, That of such amount, $75,131,000 shall be
available until September 30, 2022, for program direction.
FOSSIL ENERGY RESEARCH AND DEVELOPMENT
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including defea-
sible and equitable interests in any real property or any facility
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or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1365
extraction, processing, use, and disposal of mineral substances with-
out objectionable social and environmental costs (30 U.S.C. 3, 1602,
and 1603), $750,000,000, to remain available until expended: Pro-
vided, That of such amount $61,500,000 shall be available until
September 30, 2022, for program direction.
NAVAL PETROLEUM AND OIL SHALE RESERVES
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $13,006,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil shale reserve
activities.
STRATEGIC PETROLEUM RESERVE
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conserva-
tion Act (42 U.S.C. 6201 et seq.), $188,000,000, to remain available
until expended.
SPR PETROLEUM ACCOUNT
For the acquisition, transportation, and injection of petroleum
products, and for other necessary expenses pursuant to the Energy
Policy and Conservation Act of 1975, as amended (42 U.S.C. 6201
et seq.), sections 403 and 404 of the Bipartisan Budget Act of
2015 (42 U.S.C. 6241, 6239 note), and section 5010 of the 21st
Century Cures Act (Public Law 114–255), $1,000,000, to remain
available until expended.
NORTHEAST HOME HEATING OIL RESERVE
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $6,500,000, to remain available until expended.
ENERGY INFORMATION ADMINISTRATION
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$126,800,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $319,200,000, to
remain available until expended: Provided, That, in addition, fees
collected pursuant to subsection (b)(1) of section 6939f of title 42,
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United States Code, and deposited under this heading in fiscal
year 2021 pursuant to section 309 of title III of division C of
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134 STAT. 1366 PUBLIC LAW 116–260—DEC. 27, 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, $841,000,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available
until expended, of which $5,000,000 shall be available in accordance
with title X, subtitle A, of the Energy Policy Act of 1992.
SCIENCE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or any facility or for plant or facility acquisition,
construction, or expansion, and purchase of not more than 35 pas-
senger motor vehicles for replacement only, $7,026,000,000, to
remain available until expended: Provided, That of such amount,
$192,000,000 shall be available until September 30, 2022, for pro-
gram direction: Provided further, That of the amount provided
under this heading in this Act, $2,300,000,000 is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
NUCLEAR WASTE DISPOSAL
For Department of Energy expenses necessary for nuclear waste
disposal activities to carry out the purposes of the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended, including
interim storage activities, $27,500,000, to remain available until
expended, of which $7,500,000 shall be derived from the Nuclear
Waste Fund.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America COMPETES
Act (Public Law 110–69), $427,000,000, to remain available until
expended: Provided, That of such amount, $35,000,000 shall be
available until September 30, 2022, for program direction.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
(INCLUDING RESCISSION OF FUNDS)
Such sums as are derived from amounts received from bor-
rowers pursuant to section 1702(b) of the Energy Policy Act of
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2005 under this heading in prior Acts, shall be collected in accord-
ance with section 502(7) of the Congressional Budget Act of 1974:
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1367
Provided, That for necessary administrative expenses of the Title
17 Innovative Technology Loan Guarantee Program, as authorized,
$32,000,000 is appropriated, to remain available until September
30, 2022: Provided further, That up to $32,000,000 of fees collected
in fiscal year 2021 pursuant to section 1702(h) of the Energy Policy
Act of 2005 shall be credited as offsetting collections under this
heading and used for necessary administrative expenses in this
appropriation and shall remain available until September 30, 2022:
Provided further, That to the extent that fees collected in fiscal
year 2021 exceed $32,000,000, those excess amounts shall be cred-
ited as offsetting collections under this heading and available in
future fiscal years only to the extent provided in advance in appro-
priations Acts: Provided further, That the sum herein appropriated
from the general fund shall be reduced (1) as such fees are received
during fiscal year 2021 (estimated at $3,000,000) and (2) to the
extent that any remaining general fund appropriations can be
derived from fees collected in previous fiscal years that are not
otherwise appropriated, so as to result in a final fiscal year 2021
appropriation from the general fund estimated at $0: Provided
further, That the Department of Energy shall not subordinate any
loan obligation to other financing in violation of section 1702 of
the Energy Policy Act of 2005 or subordinate any Guaranteed
Obligation to any loan or other debt obligations in violation of
section 609.10 of title 10, Code of Federal Regulations: Provided
further, That, of the unobligated balances available under the
heading ‘‘Department of Energy—Energy Programs—Title 17—
Innovative Technology Loan Guarantee Program’’ in the American
Recovery and Reinvestment Act of 2009 (Public Law 111–5) for
the cost of guaranteed loans authorized by section 1705 of the
Energy Policy Act of 2005, $392,000,000 are hereby rescinded: Pro-
vided further, That the amounts rescinded pursuant to the pre-
ceding proviso that were previously designated by the Congress
as an emergency requirement pursuant to section 204(a) of S.
Con. Res. 21 (110th Congress) and section 301(b)(2) of S. Con.
Res. 70 (110th Congress), the concurrent resolutions on the budget
for fiscal years 2008 and 2009, are designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM
(INCLUDING RESCISSION OF FUNDS)
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $5,000,000, to remain available until September
30, 2022: Provided, That, of the unobligated balances available
from amounts appropriated for the costs of direct loans in section
129 of division A of the Consolidated Security, Disaster Assistance,
and Continuing Appropriations Act, 2009 (Public Law 110–329),
$1,908,000,000 are hereby rescinded: Provided further, That the
amounts rescinded pursuant to the preceding proviso that were
previously designated by the Congress as an emergency requirement
pursuant to section 204(a) of S. Con. Res. 21 (110th Congress)
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and section 301(b)(2) of S. Con. Res. 70 (110th Congress), the
concurrent resolutions on the budget for fiscal years 2008 and
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134 STAT. 1368 PUBLIC LAW 116–260—DEC. 27, 2020
2009, are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Tribal Energy Loan Guarantee Program,
$2,000,000, to remain available until September 30, 2022.
OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS
For necessary expenses for Indian Energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), $22,000,000, to remain available until
expended: Provided, That, of the amount appropriated under this
heading, $5,000,000 shall be available until September 30, 2022,
for program direction.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $259,378,000, to remain available until September 30,
2022, including the hire of passenger motor vehicles and official
reception and representation expenses not to exceed $30,000, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Pro-
vided, 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 appro-
priated shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2021 appropriation
from the general fund estimated at not more than $166,000,000.
OFFICE OF THE INSPECTOR GENERAL
For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $57,739,000, to remain available until September 30, 2022.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
whamilton on LAP1Z6H6L3PROD with STATUTES
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1369
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed one aircraft, one ambulance, and
two passenger buses, for replacement only, $15,345,000,000, to
remain available until expended: Provided, That of such amount,
$75,000,000 shall be available for the Uranium Reserve Program:
Provided further, That of such amount, $123,684,000 shall be avail-
able 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 non-
proliferation activities, in carrying out the purposes of the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$2,260,000,000, to remain available until expended.
NAVAL REACTORS
(INCLUDING TRANSFER OF FUNDS)
For Department of Energy expenses necessary for naval reac-
tors 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: Pro-
vided, That of such amount, $51,700,000 shall be available until
September 30, 2022, for program direction.
FEDERAL SALARIES AND EXPENSES
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $443,200,000, to
remain available until September 30, 2022, including official recep-
tion and representation expenses not to exceed $17,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed 1 passenger minivan for replacement
only, $6,426,000,000, to remain available until expended: Provided,
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That of such amount, $289,000,000 shall be available until Sep-
tember 30, 2022, for program direction.
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134 STAT. 1370 PUBLIC LAW 116–260—DEC. 27, 2020
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, construc-
tion, or expansion, $920,000,000, to remain available until
expended: Provided, That of such amount, $334,948,000 shall be
available until September 30, 2022, for program direction.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2021, no new direct loan
obligations may be made.
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $7,246,000, including
official reception and representation expenses in an amount not
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $7,246,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collec-
tions, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administra-
tion: 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 notwith-
standing 31 U.S.C. 3302, up to $52,000,000 collected by the South-
eastern 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 avail-
able 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
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For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1371
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $47,540,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and sec-
tion 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 avail-
able until expended, for the sole purpose of funding the annual
expenses of the Southwestern Power Administration: Provided fur-
ther, 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 notwith-
standing 31 U.S.C. 3302, up to $34,000,000 collected by the South-
western 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 avail-
able 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 notwith-
standing 31 U.S.C. 3302, up to $192,000,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
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account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
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134 STAT. 1372 PUBLIC LAW 116–260—DEC. 27, 2020
expenditures: Provided further, That for purposes of this appropria-
tion, annual expenses means expenditures that are generally recov-
ered 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 hydro-
electric 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 notwith-
standing 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 Adminis-
tration 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 contrib-
uted in like manner as if said sums had been specifically appro-
priated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $404,350,000, to remain available until expended: Pro-
42 USC 7171 vided, That notwithstanding any other provision of law, not to
note. 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
whamilton on LAP1Z6H6L3PROD with STATUTES
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1373
as revenues are received during fiscal year 2021 so as to result
in a final fiscal year 2021 appropriation from the general fund
estimated at not more than $0.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
(INCLUDING TRANSFER OF FUNDS)
SEC. 301. (a) No appropriation, funds, or authority made avail-
able 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 Notifications.
on Appropriations of both Houses of Congress at least 3 full business Deadline.
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 Grants.
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Trans- Contracts.
action Agreement totaling $1,000,000 or more, including a con-
tract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees Reports.
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant alloca-
tion 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 Contracts.
program, project, or activity that uses budget authority made avail- Grants.
able 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 Notification.
a clause conditioning the Federal Government’s obligation on Time period.
the availability of future year budget authority and the Sec-
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retary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
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134 STAT. 1374 PUBLIC LAW 116–260—DEC. 27, 2020
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as author-
ized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
Notification. (e) The amounts made available by this title may be
Advance reprogrammed for any program, project, or activity, and the Depart-
approval.
Time period. ment shall notify, and obtain the prior approval of, the Committees
on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause
any program, project, or activity funding level to increase or
decrease by more than $5,000,000 or 10 percent, whichever is
less, during the time period covered by this Act.
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
Waiver authority. (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.
Notification. (2) The Secretary of Energy shall notify the Committees on
Deadline. 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 expla-
nation 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. Avail-
able balances may be merged with funds in the applicable estab-
lished 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.
Oversight. SEC. 303. None of the funds made available in this title shall
Compliance. be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent over-
sight is conducted by the Office of Enterprise Assessments to ensure
the project is in compliance with nuclear safety requirements.
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Cost estimate. SEC. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1375
Department of Energy Order 413.3B, or any successive depart-
mental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost esti-
mate has been developed for the project for that critical decision.
SEC. 305. Notwithstanding section 161 of the Energy Policy Determination.
and Conservation Act (42 U.S.C. 6241), upon a determination by President.
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 signifi-
cantly in reducing the adverse impact of such shortage, the Sec-
retary 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 sec-
tion.
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 Mar-
keting 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 endan-
gered 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 Administra-
tion’’ to the general fund of the Treasury in the current fiscal
year.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the Alternate
on the Appalachian Regional Commission, for payment of the Fed-
eral share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $180,000,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the Atomic
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Energy Act of 1954, as amended by Public Law 100–456, section
1441, $31,000,000, to remain available until September 30, 2022.
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134 STAT. 1376 PUBLIC LAW 116–260—DEC. 27, 2020
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, notwithstanding sections 382F(d), 382M,
and 382N of said Act, $30,000,000, to remain available until
expended.
DENALI COMMISSION
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $15,000,000, to remain
available until expended, notwithstanding the limitations contained
in section 306(g) of the Denali Commission Act of 1998: Provided,
That funds shall be available for construction projects in an amount
not to exceed 80 percent of total project cost for distressed commu-
nities, 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 notwith-
standing any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such
a non-Federal share for programs undertaken to carry out the
purposes of the Commission.
NORTHERN BORDER REGIONAL COMMISSION
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $30,000,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $1,000,000, to remain available
until expended.
SOUTHWEST BORDER REGIONAL COMMISSION
For expenses necessary for the Southwest Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available until
expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
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For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1377
Atomic Energy Act of 1954, $830,900,000, including official rep-
resentation expenses not to exceed $25,000, to remain available
until expended: Provided, That of the amount appropriated herein,
not more than $9,500,000 may be made available for salaries,
travel, and other support costs for the Office of the Commission,
to remain available until September 30, 2022: Provided further,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $710,293,000 in fiscal year
2021 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain
available until expended: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received
during fiscal year 2021 so as to result in a final fiscal year 2021
appropriation estimated at not more than $120,607,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $13,499,000, to remain available until September 30, 2022:
Provided, That revenues from licensing fees, inspection services,
and other services and collections estimated at $11,106,000 in fiscal
year 2021 shall be retained and be available until September 30,
2022, for necessary salaries and expenses in this account, notwith-
standing 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 Compliance.
with the July 5, 2011, version of Chapter VI of its Internal Commis-
sion 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 Notification.
the Nuclear Regulatory Commission may be reprogrammed for any Time period.
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.
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(b)(1) The Nuclear Regulatory Commission may waive the Waiver authority.
notification requirement in subsection (a) if compliance with such
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134 STAT. 1378 PUBLIC LAW 116–260—DEC. 27, 2020
requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
Notification. (2) The Nuclear Regulatory Commission shall notify the
Deadline. 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
Reports. or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
Reports. (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)
Lobbying. SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by or transfer authority provided in this Act
or any other appropriations Act for any fiscal year, transfer
authority referenced in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumen-
tality of the United States Government may provide goods or serv-
ices 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,
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transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1379
consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded Reports.
in this Act utilizing any transfer authority shall submit to the Time periods.
Committees on Appropriations of both Houses of Congress a semi-
annual 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 trans-
ferred, and shall not replace or modify existing notification require-
ments 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 Pornography.
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 nec-
essary for any Federal, State, Tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
SEC. 505. (a) Requirements relating to non-Federal cost-share Waivers.
grants and cooperative agreements for the Delta Regional Authority 7 USC 2009aa–3
under section 382D of the Agricultural Act of 1961 and Consolidated note.
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 40 USC 15501
cooperative agreements for the Northern Border Regional Commis- note.
sion 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 42 USC 3121
cooperative agreements for the Denali Commission are waived for note.
grants awarded in fiscal year 2020 and in subsequent years in
response to economic distress directly related to the impacts of
the Coronavirus Disease (COVID–19).
SEC. 506. Of the unavailable collections currently in the United
States Enrichment Corporation Fund, $291,000,000 shall be trans-
ferred to and merged with the Uranium Enrichment Decontamina-
tion and Decommissioning Fund and shall be available only to
the extent provided in advance in appropriations Acts.
This division may be cited as the ‘‘Energy and Water Develop-
ment and Related Agencies Appropriations Act, 2021’’.
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134 STAT. 1380 PUBLIC LAW 116–260—DEC. 27, 2020
Financial DIVISION E—FINANCIAL SERVICES AND GENERAL
Services and GOVERNMENT APPROPRIATIONS ACT, 2021
General
Government
Appropriations TITLE I
Act, 2021.
Department of DEPARTMENT OF THE TREASURY
the Treasury
Appropriations DEPARTMENTAL OFFICES
Act, 2021.
SALARIES AND EXPENSES
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freed-
man’s Bank Building; hire of passenger motor vehicles; mainte-
nance, repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned overseas,
when necessary for the performance of official business; executive
direction program activities; international affairs and economic
policy activities; domestic finance and tax policy activities, including
technical assistance to State, local, and territorial entities; and
Treasury-wide management policies and programs activities,
$233,000,000: Provided, That of the amount appropriated under
this heading—
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies
of a confidential nature to be allocated and expended under
the direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary’s certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2022, for—
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization require-
ments;
(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 Infrastruc-
ture Protection, including entering into cooperative agree-
ments;
(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 Invest-
ment in the United States, $20,000,000, to remain available until
Notification. 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) sub-
ject 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
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for expenses of implementing section 721 of the Defense Production
Act of 1950, as amended (50 U.S.C. 4565), and shall be available
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1381
in addition to any other funds available to any department or
agency: Provided further, That fees authorized by section 721(p)
of such Act shall be credited to this appropriation as offsetting
collections: Provided further, That the total amount appropriated
under this heading from the general fund shall be reduced as
such offsetting collections are received during fiscal year 2021,
so as to result in a total appropriation from the general fund
estimated at not more than $15,000,000.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system against
illicit use and to combat rogue nations, terrorist facilitators,
weapons of mass destruction proliferators, human rights abusers,
money launderers, drug kingpins, and other national security
threats, $175,000,000, of which not less than $3,000,000 shall be
available for addressing human rights violations and corruption,
including activities authorized by the Global Magnitsky Human
Rights Accountability Act (22 U.S.C. 2656 note): Provided, That
of the amounts appropriated under this heading, up to $10,000,000
shall remain available until September 30, 2022.
CYBERSECURITY ENHANCEMENT ACCOUNT
For salaries and expenses for enhanced cybersecurity for sys-
tems operated by the Department of the Treasury, $18,000,000,
to remain available until September 30, 2023: Provided, That such
funds shall supplement and not supplant any other amounts made
available to the Treasury offices and bureaus for cybersecurity:
Provided further, That of the total amount made available under
this heading $1,000,000 shall be available for administrative
expenses for the Treasury Chief Information Officer to provide
oversight of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant any
other amounts made available to the Treasury Chief Information
Officer.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations
to buildings owned by the Department of the Treasury, $6,118,000,
to remain available until September 30, 2023: Provided, That these
funds shall be transferred to accounts and in amounts as necessary
to satisfy the requirements of the Department’s offices, bureaus,
and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority pro-
vided in this Act: Provided further, That none of the funds appro-
priated under this heading shall be used to support or supplement
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‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Rev-
enue Service, Business Systems Modernization’’.
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134 STAT. 1382 PUBLIC LAW 116–260—DEC. 27, 2020
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 Opportuni-
ties, and Revived Economies of the Gulf Coast States Act of 2012
(33 U.S.C. 1321 note); and of which not to exceed $1,000 shall
be available for official reception and representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services authorized by 5 U.S.C.
3109, at such rates as may be determined by the Inspector General
for Tax Administration; $170,250,000, of which $5,000,000 shall
remain available until September 30, 2022; of which not to exceed
$6,000,000 shall be available for official travel expenses; of which
not to exceed $500,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration; and
of which not to exceed $1,500 shall be available for official reception
and representation expenses.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110–343), $19,000,000.
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government personnel
to attend meetings and training concerned with domestic and for-
eign 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
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reimbursement, $126,963,000, of which not to exceed $34,335,000
shall remain available until September 30, 2023.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1383
BUREAU OF THE FISCAL SERVICE
SALARIES AND EXPENSES
For necessary expenses of operations of the Bureau of the
Fiscal Service, $345,569,000; of which not to exceed $8,000,000,
to remain available until September 30, 2023, is for information
systems modernization initiatives; and of which $5,000 shall be
available for official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses
for financial management of the Fund, as authorized by section
1012 of Public Law 101–380.
ALCOHOL AND TOBACCO TAX AND TRADE BUREAU
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger motor
vehicles, $124,337,000; of which not to exceed $6,000 shall be avail-
able 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 produc-
tion of circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments: Pro-
vided, That the aggregate amount of new liabilities and obligations
incurred during fiscal year 2021 under such section 5136 for circu-
lating 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 Regu-
latory 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
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exceed the per diem rate equivalent to the rate for EX–III,
$270,000,000. Of the amount appropriated under this heading—
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134 STAT. 1384 PUBLIC LAW 116–260—DEC. 27, 2020
(1) not less than $167,000,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2022, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively,
of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of
which up to $1,600,000 may be available for training and
outreach under section 109 of Public Law 103–325 (12 U.S.C.
4708), of which up to $2,374,500 may be used for the cost
of direct loans, of which up to $6,000,000, notwithstanding
subsection (d) of section 108 of Public Law 103–325 (12 U.S.C.
4707 (d)), may be available to provide financial assistance,
technical assistance, training, and outreach to community
development financial institutions to expand investments that
benefit individuals with disabilities, and of which not less than
$2,000,000 shall be for the Economic Mobility Corps to be
operated in conjunction with the Corporation for National and
Community Service, pursuant to 42 U.S.C. 12571: Provided,
That the cost of direct and guaranteed loans, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed
$25,000,000: Provided further, That of the funds provided under
this paragraph, excluding those made to community develop-
ment 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
Definition. lend in high-poverty areas: Provided further, That for purposes
Time period. 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 Amer-
ican Community Survey of the Bureau of the Census for all
States and Puerto Rico or with a poverty rate of at least
20 percent as measured by the 2010 Island areas Decennial
Census data for any territory or possession of the United States;
(2) Not less than $16,500,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)), is available
until September 30, 2022, for financial assistance, technical
assistance, training, and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native commu-
nities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian
country, Native American organizations, Tribes and Tribal
organizations, and other suitable providers;
(3) not less than $26,000,000 is available until September
30, 2022, for the Bank Enterprise Award program;
(4) not less than $23,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2022, for
a Healthy Food Financing Initiative to provide financial assist-
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ance, technical assistance, training, and outreach to community
development financial institutions for the purpose of offering
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1385
affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities;
(5) not less than $8,500,000 is available until September
30, 2022, to provide grants for loan loss reserve funds and
to provide technical assistance for small dollar loan programs
under section 122 of Public Law 103–325 (12 U.S.C. 4719):
Provided, That sections 108(d) and 122(b)(2) of such Public
Law shall not apply to the provision of such grants and tech-
nical assistance;
(6) up to $29,000,000 is available until September 30, 2021,
for administrative expenses, including administration of CDFI
Fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance,
and up to $300,000 is for administrative expenses to carry
out the direct loan program; and
(7) during fiscal year 2021, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of commit-
ments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improve-
ment Act of 1994 (12 U.S.C. 4713a): Provided, That commit-
ments to guarantee bonds and notes under such section 114A
shall not exceed $500,000,000: Provided further, That such Termination
section 114A shall remain in effect until December 31, 2021: date.
12 USC 4713a
Provided further, That of the funds awarded under this heading, note.
except those provided for the Economic Mobility Corps, not
less than 10 percent shall be used for awards that support
investments that serve populations living in persistent poverty
counties: Provided further, That for the purposes of this para- Definition.
graph and paragraph (1), the term ‘‘persistent poverty counties’’ Puerto Rico.
Time period.
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 edu-
cation, filing and account services, taxpayer advocacy services, and
other services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $2,555,606,000, of which
not less than $11,000,000 shall be for the Tax Counseling for
the Elderly Program, of which not less than $13,000,000 shall
be available for low-income taxpayer clinic grants, of which not
less than $30,000,000, to remain available until September 30,
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2022, shall be available for the Community Volunteer Income Tax
Assistance Matching Grants Program for tax return preparation
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134 STAT. 1386 PUBLIC LAW 116–260—DEC. 27, 2020
assistance, and of which not less than $211,000,000 shall be avail-
able for operating expenses of the Taxpayer Advocate Service: Pro-
vided, That of the amounts made available for the Taxpayer Advo-
cate 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 investiga-
tions, to enforce criminal statutes related to violations of internal
revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $5,212,622,000, of which not
to exceed $250,000,000 shall remain available until September 30,
2022; of which not less than $60,257,000 shall be for the Interagency
Crime and Drug Enforcement program; and of which not to exceed
$15,000,000 shall be for investigative technology for the Criminal
Investigation Division: Provided, That the amount made available
for investigative technology for the Criminal Investigation Division
shall be in addition to amounts made available for the Criminal
Investigation Division under the ‘‘Operations Support’’ heading.
OPERATIONS SUPPORT
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research
and statistics of income; telecommunications; information tech-
nology development, enhancement, operations, maintenance, and
security; the hire of passenger motor vehicles (31 U.S.C. 1343(b));
the operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner; $3,928,102,000, of
which not to exceed $275,000,000 shall remain available until Sep-
tember 30, 2022; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and construc-
tion, repair and renovation of facilities; of which not to exceed
$1,000,000 shall remain available until September 30, 2023, for
research; of which not less than $10,000,000, to remain available
until expended, shall be available for establishment of an applica-
tion through which entities registering and renewing registrations
in the System for Award Management may request an authenticated
electronic certification stating that the entity does or does not
have a seriously delinquent tax debt; and of which not to exceed
$20,000 shall be for official reception and representation expenses:
Reports. Provided, That not later than 30 days after the end of each quarter,
Summaries. the Internal Revenue Service shall submit a report to the Commit-
26 USC 7801 tees on Appropriations of the House of Representatives and the
note.
Senate and the Comptroller General of the United States detailing
major information technology investments in the Internal Revenue
Service Integrated Modernization Business Plan portfolio, including
detailed, plain language summaries on the status of plans, costs,
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and results; prior results and actual expenditures of the prior
quarter; upcoming deliverables and costs for the fiscal year; risks
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1387
and mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by fiscal
year: Provided further, That the Internal Revenue Service shall Summaries.
include, in its budget justification for fiscal year 2022, a summary
of cost and schedule performance information for its major informa-
tion technology systems.
BUSINESS SYSTEMS MODERNIZATION
For necessary expenses of the Internal Revenue Service’s busi-
ness systems modernization program, $222,724,000, to remain avail-
able 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 associ-
ated with operations authorized by 5 U.S.C. 3109: Provided, That Reports.
not later than 30 days after the end of each quarter, the Internal Summaries.
Revenue Service shall submit a report to the Committees on Appro- Strategies.
26 USC 7801
priations of the House of Representatives and the Senate and note.
the Comptroller General of the United States detailing major
information technology investments in the Internal Revenue Service
Integrated Modernization Business Plan portfolio, including
detailed, plain language summaries on the status of plans, costs,
and results; prior results and actual expenditures of the prior
quarter; upcoming deliverables and costs for the fiscal year; risks
and mitigation strategies associated with ongoing work; reasons
for any cost or schedule variances; and total expenditures by fiscal
year.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Not to exceed 4 percent of the appropriation made Advance
available in this Act to the Internal Revenue Service under the approval.
‘‘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 Procedures.
enforce policies and procedures that will safeguard the confiden- Confidentiality.
Identity theft.
tiality 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 facili-
ties and increased staffing to provide sufficient and effective 1–
800 help line service for taxpayers. The Commissioner shall con-
tinue 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, particu-
larly with regard to victims of tax-related crimes.
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SEC. 105. The Internal Revenue Service shall issue a notice Notice.
of confirmation of any address change relating to an employer
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134 STAT. 1388 PUBLIC LAW 116–260—DEC. 27, 2020
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 regu-
latory 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 con-
ferences 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’’ (Ref-
erence Number 2013–10–037).
SEC. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended—
(1) to make a payment to any employee under a bonus,
award, or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee;
unless such program or process takes into account the conduct
and Federal tax compliance of such employee or former employee.
SEC. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal Revenue
Code of 1986 (relating to confidentiality and disclosure of returns
and return information).
ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY
(INCLUDING TRANSFERS OF FUNDS)
SEC. 111. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
Advance SEC. 112. Not to exceed 2 percent of any appropriations in
approval. this title made available under the headings ‘‘Departmental
Offices—Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Spe-
cial Inspector General for the Troubled Asset Relief Program’’,
‘‘Financial Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal
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Service’’, and ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may
be transferred between such appropriations upon the advance
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1389
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer under
this section may increase or decrease any such appropriation by
more than 2 percent.
SEC. 113. Not to exceed 2 percent of any appropriation made Advance
available in this Act to the Internal Revenue Service may be trans- approval.
ferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
SEC. 114. None of the funds appropriated in this Act or other-
wise available to the Department of the Treasury or the Bureau
of Engraving and Printing may be used to redesign the $1 Federal
Reserve note.
SEC. 115. The Secretary of the Treasury may transfer funds
from the ‘‘Bureau of the Fiscal Service—Salaries and Expenses’’
to the Debt Collection Fund as necessary to cover the costs of
debt collection: Provided, That such amounts shall be reimbursed Reimbursement.
to such salaries and expenses account from debt collections received
in the Debt Collection Fund.
SEC. 116. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the explicit
approval of the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on Financial
Services, and the Senate Committee on Banking, Housing, and
Urban Affairs.
SEC. 117. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Com-
mittee on Banking, Housing, and Urban Affairs; and the Commit-
tees on Appropriations of the House of Representatives and the
Senate.
SEC. 118. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury’s intelligence or intelligence related activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2021 until the enactment of the Intelligence Authoriza-
tion Act for Fiscal Year 2021.
SEC. 119. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing’s Industrial Revolving Fund
for necessary official reception and representation expenses.
SEC. 120. The Secretary of the Treasury shall submit a Capital Plan.
Investment Plan to the Committees on Appropriations of the House Deadline.
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
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Systems and Capital Investment Programs account, Treasury Fran-
chise Fund account, and the Treasury Forfeiture Fund account:
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134 STAT. 1390 PUBLIC LAW 116–260—DEC. 27, 2020
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.
Reports. SEC. 121. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized report
to the Committees on Appropriations of the House of Representa-
tives 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.
Non profit SEC. 122. During fiscal year 2021—
organizations. (1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to
a particular taxpayer relating to the standard which is used
to determine whether an organization is operated exclusively
for the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535
(November 29, 2013)); and
Applicability. (2) the standard and definitions as in effect on January
Determination. 1, 2010, which are used to make such determinations shall
apply after the date of the enactment of this Act for purposes
of determining status under section 501(c)(4) of such Code
of organizations created on, before, or after such date.
Time period. SEC. 123. (a) Not later than 60 days after the end of each
Reports. 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 Representa-
tives 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;
Estimate. (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;
Estimate. (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.
Testimony. (c) At the request of any such Committees specified in sub-
section (a), the Office of Financial Stability and the Office of Finan-
cial Research shall make officials available to testify on the contents
of the reports required under subsection (a).
SEC. 124. In addition to the amounts otherwise made available
to the Department of the Treasury, $25,000,000, to remain available
until expended, shall be for expenses associated with digitization
and distribution of the Department’s records of matured savings
bonds that have not been redeemed.
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This title may be cited as the ‘‘Department of the Treasury
Appropriations Act, 2021’’.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1391
TITLE II Executive Office
of the President
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS Appropriations
Act, 2021.
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 author-
ized 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 exclu-
sive 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.
notice of any amount owed for a reimbursable operating expense Deadlines.
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 Penalties.
and assess penalties and other charges on any such amount that Deadlines.
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is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt
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134 STAT. 1392 PUBLIC LAW 116–260—DEC. 27, 2020
on a United States Government claim under 31 U.S.C. 3717: Pro-
vided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Reports. Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees
on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such
expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Records. 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: Pro-
vided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable
requirement of subchapter I or II of chapter 37 of title 31, United
States Code.
WHITE HOUSE REPAIR AND RESTORATION
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$2,500,000, to remain available until expended, for required mainte-
nance, resolution of safety and health issues, and continued
preventative maintenance.
COUNCIL OF ECONOMIC ADVISERS
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,000,000.
NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $12,150,000 of which not to exceed $5,000 shall
be available for official reception and representation expenses.
OFFICE OF ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $100,000,000, of which
not to exceed $12,800,000 shall remain available until expended
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for continued modernization of information resources within the
Executive Office of the President.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1393
PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963, as amended, and similar
expenses, in addition to amounts otherwise appropriated by law,
$8,000,000: Provided, That such funds may be transferred to other
accounts that provide funding for offices within the Executive Office
of the President and the Office of the Vice President in this Act
or any other Act, to carry out such purposes.
OFFICE OF MANAGEMENT AND BUDGET
SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in accordance
with section 1105(a) of title 31, United States Code, $106,600,000,
of which not to exceed $3,000 shall be available for official represen-
tation 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 Agricul-
tural 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 sub-
committees: 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 Appro-
priations: 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 Engi-
neers 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 fur-
ther, That the Office of Management and Budget shall have not Deadline.
more than 60 days in which to perform budgetary policy reviews Policy reviews.
of water resource matters on which the Chief of Engineers has
reported: Provided further, That the Director of the Office of Notification.
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 Reports.
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Manage-
ment and Budget review period based on the notification from
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the Director, Congress shall assume Office of Management and
Budget concurrence with the report and act accordingly.
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134 STAT. 1394 PUBLIC LAW 116–260—DEC. 27, 2020
INTELLECTUAL PROPERTY ENFORCEMENT COORDINATOR
For necessary expenses of the Office of the Intellectual Property
Enforcement Coordinator, as authorized by title III of the
Prioritizing Resources and Organization for Intellectual Property
Act of 2008 (Public Law 110–403), including services authorized
by 5 U.S.C. 3109, $1,800,000.
OFFICE OF NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 1998, as amended; not
to exceed $10,000 for official reception and representation expenses;
and for participation in joint projects or in the provision of services
on matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
21 USC 1702 $18,400,000: Provided, That the Office is authorized to accept, hold,
note. 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)
Deadline. 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 activi-
ties: 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 meas-
Notifications. ures of effectiveness: Provided further, That the Director shall notify
Deadlines. the Committees on Appropriations of the initial allocation of fiscal
Determination.
Consultation. 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
whamilton on LAP1Z6H6L3PROD with STATUTES
with the HIDTA Directors, not later than 90 days after enactment
Determination. of this Act: Provided further, That upon a determination that all
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1395
or part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon notification
to the Committees on Appropriations of the House of Representa-
tives and the Senate, such amounts may be transferred back to
this appropriation.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For other drug control activities authorized by the Anti-Drug
Abuse Act of 1988 and the Office of National Drug Control Policy
Reauthorization Act of 1998, as amended, $128,182,000, to remain
available until expended, which shall be available as follows:
$102,000,000 for the Drug-Free Communities Program, of which
$2,500,000 shall be made available as directed by section 4 of
Public Law 107–82, as amended by section 8204 of Public Law
115–271; $3,000,000 for drug court training and technical assist-
ance; $14,000,000 for anti-doping activities; up to $2,932,000 for
the United States membership dues to the World Anti-Doping
Agency; $1,250,000 for the Model Acts Program; and $5,000,000
for activities authorized by section 103 of Public Law 114–198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to carry
out such activities: Provided further, That the Director of the Office Deadline.
of National Drug Control Policy shall, not fewer than 30 days Spending plan.
prior to obligating funds under this heading for United States
membership dues to the World Anti-Doping Agency, submit to the
Committees on Appropriations of the House of Representatives and
the Senate a spending plan and explanation of the proposed uses
of these funds.
UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, secu-
rity, 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, effi-
cient, secure, and effective uses of information technology in the
Federal Government, $12,500,000, to remain available until
expended: Provided, That the Director of the Office of Management
and Budget may transfer these funds to one or more other agencies
to carry out projects to meet these purposes.
SPECIAL ASSISTANCE TO THE PRESIDENT
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President to provide
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assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
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134 STAT. 1396 PUBLIC LAW 116–260—DEC. 27, 2020
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)
Advance SEC. 201. From funds made available in this Act under the
approval. headings ‘‘The White House’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Eco-
nomic 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.
President. SEC. 202. (a) During fiscal year 2021, any Executive order
Cost estimates. 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 memo-
randum.
(b) Any such statement shall include—
Summary. (1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
Time period. (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
Time period. (3) the impact on revenues of the Federal Government
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as the result of such order or memorandum over the 5-fiscal-
year period beginning in fiscal year 2021.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1397
(c) If an Executive order or Presidential memorandum is issued Deadline.
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 memo- Applicability.
randa shall only apply for Presidential memoranda estimated to
have a regulatory cost in excess of $100,000,000.
SEC. 203. Not later than 30 days after the date of enactment Deadline.
of this Act, the Director of the Office of Management and Budget Memorandum.
Compliance.
shall issue a memorandum to all Federal departments, agencies,
and corporations directing compliance with the provisions in title
VII of this Act.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2021’’.
TITLE III Judiciary
Appropriations
Act, 2021.
THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344; not to exceed $10,000 for official reception
and representation expenses; and for miscellaneous expenses, to
be expended as the Chief Justice may approve, $94,690,000, of
which $1,500,000 shall remain available until expended.
In addition, there are appropriated such sums as may be nec-
essary under current law for the salaries of the chief justice and
associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $10,618,000, to remain
available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $33,500,000.
In addition, there are appropriated such sums as may be nec-
essary under current law for the salaries of the chief judge and
judges of the court.
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134 STAT. 1398 PUBLIC LAW 116–260—DEC. 27, 2020
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of officers and employees of the court, services,
and necessary expenses of the court, as authorized by law,
$20,000,000.
In addition, there are appropriated such sums as may be nec-
essary under current law for the salaries of the chief judge and
judges of the court.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees
of the Federal Judiciary not otherwise specifically provided for,
necessary expenses of the courts, and the purchase, rental, repair,
and cleaning of uniforms for Probation and Pretrial Services Office
staff, as authorized by law, $5,393,701,000 (including the purchase
of firearms and ammunition); of which not to exceed $27,817,000
shall remain available until expended for space alteration projects
and for furniture and furnishings related to new space alteration
and construction projects.
In addition, there are appropriated such sums as may be nec-
essary 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 Child-
hood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed
$9,900,000, to be appropriated from the Vaccine Injury Compensa-
tion Trust Fund.
DEFENDER SERVICES
For the operation of Federal Defender organizations; the com-
pensation 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 fur-
nishing investigative, expert, and other services for such representa-
tions 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
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administrative expenses, $1,316,240,000, to remain available until
expended.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1399
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$32,517,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under 5 U.S.C. 5332.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court operations,
and the procurement, installation, and maintenance of security
systems and equipment for United States courthouses and other
facilities housing Federal court operations, including building
ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access
to Justice Act (Public Law 100–702), $664,011,000, of which not
to exceed $20,000,000 shall remain available until expended, to
be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering the Judicial
Facility Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the United
States Courts and the Attorney General.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $95,675,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $29,015,000; of which $1,800,000
shall remain available through September 30, 2022, to provide
education and training to Federal court personnel; and of which
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not to exceed $1,500 is authorized for official reception and represen-
tation expenses.
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134 STAT. 1400 PUBLIC LAW 116–260—DEC. 27, 2020
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provi-
sions of chapter 58 of title 28, United States Code, $19,965,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appro-
priation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis-
trict 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.
Applicability. SEC. 304. Section 3315(a) of title 40, United States Code, shall
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it
appears.
Consultation. SEC. 305. In accordance with 28 U.S.C. 561–569, and notwith-
standing 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
Reimbursement. 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 Secu-
rity.
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
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Kansas), by striking ‘‘29 years and 6 months’’ and inserting
‘‘30 years and 6 months’’; and
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1401
(2) in the sixth sentence (relating to the District of Hawaii),
by striking ‘‘26 years and 6 months’’ and inserting ‘‘27 years
and 6 months’’.
(b) Section 406 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109–
115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second
sentence (relating to the eastern District of Missouri) by striking
‘‘27 years and 6 months’’ and inserting ‘‘28 years and 6 months’’.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107–273; 28 U.S.C.
133 note), is amended—
(1) in the first sentence by striking ‘‘18 years’’ and inserting
‘‘19 years’’;
(2) in the second sentence (relating to the central District
of California), by striking ‘‘17 years and 6 months’’ and inserting
‘‘18 years and 6 months’’; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ‘‘16 years’’ and inserting ‘‘17
years’’.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2021’’.
TITLE IV District of
Columbia
Appropriations
DISTRICT OF COLUMBIA Act, 2021.
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 Account.
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 Pro-
gram: Provided further, That the Office of the Chief Financial Reports.
Officer shall provide a quarterly financial report to the Committees
on Appropriations of the House of Representatives and the Senate
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for these funds showing, by object class, the expenditures made
and the purpose therefor.
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134 STAT. 1402 PUBLIC LAW 116–260—DEC. 27, 2020
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA
Determination. For a Federal payment of necessary expenses, as determined
Consultation. by the Mayor of the District of Columbia in written consultation
with the elected county or city officials of surrounding jurisdictions,
$38,400,000, to remain available until expended, for an additional
amount for fiscal year 2021, for the costs of providing public safety
at events related to the presence of the National Capital in the
District of Columbia, including support requested by the Director
of the United States Secret Service in carrying out protective duties
under the direction of the Secretary of Homeland Security, and
for the costs of providing support to respond to immediate and
specific terrorist threats or attacks in the District of Columbia
or surrounding jurisdictions: Provided, That, of the amount provided
under this heading in this Act, $21,872,372 shall be used for costs
associated with the Presidential Inauguration held in January 2021,
and shall be in addition to the amount made available for this
purpose in section 131 of the Continuing Appropriations Act, 2021
and Other Extensions Act (Public Law 116–159).
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts,
$250,088,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,682,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the Superior
Court of the District of Columbia, $125,660,000, of which not to
exceed $2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $79,247,000, of which
not to exceed $2,500 is for official reception and representation
expenses; and $30,499,000, to remain available until September
30, 2022, for capital improvements for District of Columbia court-
house 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 assess-
ment: Provided further, That, in addition to the amounts appro-
priated 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,
Time period. sec. 1–204.50): Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be appor-
tioned 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 fur-
Deadline. ther, That 30 days after providing written notice to the Committees
Notification. 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
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of title 5, United States Code, for employees of the District of
Columbia Courts.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1403
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF
COLUMBIA COURTS
For payments authorized under section 11–2604 and section
11–2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical
assistance, and such other services as are necessary to improve
the quality of guardian ad litem representation, payments for
counsel appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21–2060, D.C. Official Code (relating to services provided under
the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $46,005,000, to remain
available until expended: Provided, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That, Time period.
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 appro-
priated 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 Super-
vision 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 reloca-
tion under a replacement lease for headquarters offices, field offices,
and related facilities: Provided further, That notwithstanding any Time period.
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 appro-
priated for salaries and expenses of other Federal agencies: Provided
further, That amounts under this heading may be used for pro-
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grammatic incentives for defendants to successfully complete their
terms of supervision.
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134 STAT. 1404 PUBLIC LAW 116–260—DEC. 27, 2020
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization and
Self-Government Improvement Act of 1997, $46,212,000: Provided,
Time period. That notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of Manage-
ment and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of Federal agencies:
Provided further, That the District of Columbia Public Defender
Service may establish for employees of the District of Columbia
Public Defender Service a program substantially similar to the
program set forth in subchapter II of chapter 35 of title 5, United
States Code, except that the maximum amount of the payment
made under the program to any individual may not exceed the
amount referred to in section 3523(b)(3)(B) of title 5, United States
Code: Provided further, That for the purposes of engaging with,
and receiving services from, Federal Franchise Fund Programs
established in accordance with section 403 of the Government
Management Reform Act of 1994, as amended, the District of
Columbia Public Defender Service shall be considered an agency
of the United States Government.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to support
initiatives related to the coordination of Federal and local criminal
justice resources in the District of Columbia.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
For a Federal payment, to remain available until September
30, 2022, to the Commission on Judicial Disabilities and Tenure,
$325,000, and for the Judicial Nomination Commission, $275,000.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
For a Federal payment for a school improvement program
in the District of Columbia, $52,500,000, to remain available until
expended, for payments authorized under the Scholarships for
Opportunity and Results Act (division C of Public Law 112–10):
Scholarships. Provided, That, to the extent that funds are available for oppor-
tunity scholarships and following the priorities included in section
3006 of such Act, the Secretary of Education shall make scholar-
ships 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 schol-
arships up to $1,750,000 shall be for the activities specified in
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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.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1405
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
For a Federal payment to the District of Columbia National
Guard, $600,000, to remain available until expended for the Major
General David F. Wherley, Jr. District of Columbia National Guard
Retention and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals with,
human immunodeficiency virus and acquired immunodeficiency syn-
drome 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 Over-
flow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.
DISTRICT OF COLUMBIA FUNDS
Local funds are appropriated for the District of Columbia for
the current fiscal year out of the General Fund of the District
of Columbia (‘‘General Fund’’) for programs and activities set forth
in the Fiscal Year 2021 Local Budget Act of 2020 (D.C. Act 23–
408) and at rates set forth under such Act, as amended as of
the date of enactment of this Act: Provided, That notwithstanding
any other provision of law, except as provided in section 450A
of the District of Columbia Home Rule Act (section 1–204.50a,
D.C. Official Code), sections 816 and 817 of the Financial Services
and General Government Appropriations Act, 2009 (secs. 47–369.01
and 47–369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 2021 under this heading
shall not exceed the estimates included in the Fiscal Year 2021
Local Budget Act of 2020, as amended as of the date of enactment
of this Act or the sum of the total revenues of the District of
Columbia for such fiscal year: Provided further, That the amount
appropriated may be increased by proceeds of one-time transactions,
which are expended for emergency or unanticipated operating or
capital needs: Provided further, That such increases shall be Compliance.
approved by enactment of local District law and shall comply with
all reserve requirements contained in the District of Columbia
Home Rule Act: Provided further, That the Chief Financial Officer
of the District of Columbia shall take such steps as are necessary
to assure that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of the
appropriations and funds made available to the District during
fiscal year 2021, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
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This title may be cited as the ‘‘District of Columbia Appropria-
tions Act, 2021’’.
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134 STAT. 1406 PUBLIC LAW 116–260—DEC. 27, 2020
TITLE V
INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
SALARIES AND EXPENSES
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq., $3,400,000,
to remain available until September 30, 2022, of which not to
exceed $1,000 is for official reception and representation expenses.
COMMODITY FUTURES TRADING COMMISSION
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the provisions of the Com-
modity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases), in the District of Columbia and else-
where, $304,000,000, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory offi-
cials, of which not less than $20,000,000 shall remain available
until September 30, 2022, and of which not less than $3,568,000
shall be for expenses of the Office of the Inspector General: Pro-
vided, That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the liquida-
tion of obligations equal to current year payments on leases entered
into prior to the date of enactment of this Act: Provided further,
That for the purpose of recording and liquidating any lease obliga-
tions that should have been recorded and liquidated against
accounts closed pursuant to 31 U.S.C. 1552, and consistent with
the preceding proviso, such amounts shall be transferred to and
recorded in a no-year account in the Treasury, which has been
established for the sole purpose of recording adjustments for and
liquidating such unpaid obligations.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $4,000 for official reception and representation
expenses, $135,000,000, of which $1,300,000 shall remain available
until expended to carry out the program, including administrative
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costs, required by section 1405 of the Virginia Graeme Baker Pool
and Spa Safety Act (Public Law 110–140; 15 U.S.C. 8004).
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1407
ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
COMMISSION
SEC. 501. During fiscal year 2021, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal Reg-
ister on November 19, 2014 (79 Fed. Reg. 68964) until after—
(1) the National Academy of Sciences, in consultation with Consultation.
the National Highway Traffic Safety Administration and the Study.
Determination.
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-High-
way 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 pre-
vented 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 Reports.
under paragraph (1) is delivered to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House
of Representatives.
ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107–252), $17,000,000, of which $1,500,000
shall be transferred to the National Institute of Standards and
Technology for election reform activities authorized under the Help
America Vote Act of 2002.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
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$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as
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134 STAT. 1408 PUBLIC LAW 116–260—DEC. 27, 2020
authorized by 5 U.S.C. 3109, $341,000,000, to remain available
until expended: Provided, That in addition, $33,000,000, shall be
made available until expended for implementing title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et seq.), as added
by the Broadband DATA Act (Public Law 116–130): Provided fur-
ther, That $374,000,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications
Act of 1934, shall be retained and used for necessary expenses
and shall remain available until expended: Provided further, That
the sum herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 2021 so as to result
in a final fiscal year 2021 appropriation estimated at $0: Provided
further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from
the use of a competitive bidding system that may be retained
and made available for obligation shall not exceed $134,495,000
for fiscal year 2021: Provided further, That, of the amount appro-
priated under this heading, not less than $11,326,800 shall be
for the salaries and expenses of the Office of Inspector General.
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION
SEC. 510. Section 302 of the Universal Service Antideficiency
118 Stat. 3998. 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, rec-
ommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line restrictions
on universal service support payments.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$42,982,000, to be derived from the Deposit Insurance Fund or,
only when appropriate, the FSLIC Resolution Fund.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the Fed-
eral Election Campaign Act of 1971, $71,497,000, of which not
to exceed $5,000 shall be available for reception and representation
expenses.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Federal
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Labor Relations Authority, pursuant to Reorganization Plan Num-
bered 2 of 1978, and the Civil Service Reform Act of 1978, including
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1409
services authorized by 5 U.S.C. 3109, and including hire of experts
and consultants, hire of passenger motor vehicles, and including
official reception and representation expenses (not to exceed $1,500)
and rental of conference rooms in the District of Columbia and
elsewhere, $26,600,000: Provided, That public members of the Fed-
eral 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 car-
rying out these conferences.
FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Environmental Review Improve-
ment Fund established pursuant to 42 U.S.C. 4370m–8(d),
$10,000,000, to remain available until expended: Provided, That
funds appropriated in prior appropriations Acts under the heading
‘‘General Services Administration—General Activities—Environ-
mental 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 pas-
senger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $351,000,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law, not to
exceed $150,000,000 of offsetting collections derived from fees col-
lected 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, notwith-
standing 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 gen-
eral fund shall be reduced as such offsetting collections are received
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during fiscal year 2021, so as to result in a final fiscal year 2021
appropriation from the general fund estimated at not more than
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134 STAT. 1410 PUBLIC LAW 116–260—DEC. 27, 2020
$182,000,000: Provided further, That none of the funds made avail-
able 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)
Advance Amounts in the Fund, including revenues and collections depos-
approvals. ited into the Fund, shall be available for necessary expenses of
real property management and related activities not otherwise pro-
vided for, including operation, maintenance, and protection of feder-
ally 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 appur-
tenances; care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law; acquisi-
tion of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and
design of projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and payment
of principal, interest, and any other obligations for public buildings
acquired by installment purchase and purchase contract; in the
aggregate amount of $9,065,489,000, of which—
(1) $230,000,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $135,500,000 shall be for the United States Court-
house, Hartford, Connecticut; and
(B) $94,500,000 shall be for the United States Court-
house, Chattanooga, Tennessee:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a trans-
mitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of a greater
amount;
(2) $576,581,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which—
(A) $203,908,000 is for Major Repairs and Alterations;
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and
(B) $372,673,000 is for Basic Repairs and Alterations:
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1411
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identi-
fied 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 Alter-
ations’’, may be transferred to ‘‘Basic Repairs and Alterations’’
or used to fund authorized increases in prospectus projects:
Provided further, That the amount provided in this or any
prior Act for ‘‘Basic Repairs and Alterations’’ may be used
to pay claims against the Government arising from any projects
under the heading ‘‘Repairs and Alterations’’ or used to fund
authorized increases in prospectus projects;
(3) $5,725,464,000 for rental of space to remain available
until expended; and
(4) $2,533,444,000 for building operations to remain avail-
able until expended: Provided, That the total amount of funds
made available from this Fund to the General Services Adminis-
tration 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 reimburs-
able 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 protec-
tive functions pursuant to 18 U.S.C. 3056, shall be available
from such revenues and collections: Provided further, That reve-
nues 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
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in appropriations Acts.
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134 STAT. 1412 PUBLIC LAW 116–260—DEC. 27, 2020
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 activi-
ties; 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 dona-
tion of surplus personal property; disposal of real property; agency-
wide policy direction, management, and communications; and serv-
ices as authorized by 5 U.S.C. 3109; $49,440,000, of which
$26,890,000 is for Real and Personal Property Management and
Disposal; and of which $22,550,000 is for the Office of the Adminis-
trator, of which not to exceed $7,500 is for official reception and
representation expenses.
CIVILIAN BOARD OF CONTRACT APPEALS
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of Contract
Appeals, $9,301,000, of which $2,000,000 shall remain available
until September 30, 2022.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $67,000,000: Provided, That
not to exceed $50,000 shall be available for payment for information
and detection of fraud against the Government, including payment
for recovery of stolen Government property: Provided further, That
not to exceed $2,500 shall be available for awards to employees
of other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95–138, $4,400,000.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Products and Programs,
including services authorized by 40 U.S.C. 323 and 44 U.S.C. 3604;
and for necessary expenses in support of interagency projects that
enable the Federal Government to enhance its ability to conduct
activities electronically, through the development and implementa-
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tion of innovative uses of information technology; $55,000,000, to
be deposited into the Federal Citizen Services Fund: Provided,
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1413
That the previous amount may be transferred to Federal agencies
to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimburse-
ments, 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 appro-
priations, 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 Founda-
tions for Evidence-Based Policymaking Act (Public Law 115–435):
Provided further, That the transfer authorities provided herein
shall be in addition to any other transfer authority provided in
this Act.
EXPENSES, PRESIDENTIAL TRANSITION
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Presidential Transition
Act of 1963 (3 U.S.C. 102 note) and 40 U.S.C. 581(e), $9,900,000,
of which not to exceed $1,000,000 is for activities authorized by
sections 3(a)(8) and 3(a)(9) of the Act: Provided, That such amounts Reimbursements.
may be transferred and credited to the ‘‘Acquisition Services Fund’’
or ‘‘Federal Buildings Fund’’ to reimburse obligations incurred prior
to enactment of this Act for the purposes provided herein related
to the Presidential election in 2020: Provided further, That amounts
available under this heading shall be in addition to any other
amounts available for such purposes: Provided further, That in Rescission.
the case where the President-elect is the incumbent President or
in the case where the Vice-President-elect is the incumbent Vice
President, $8,900,000 is hereby permanently rescinded, pursuant
to section 3(g) of the Presidential Transition Act of 1963.
TECHNOLOGY MODERNIZATION FUND
For the Technology Modernization Fund, $25,000,000, to remain
available until expended, for technology-related modernization
activities.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
For carrying out section 16(b) of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note), $16,000,000, to remain
available until expended.
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
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SEC. 520. Funds available to the General Services Administra-
tion shall be available for the hire of passenger motor vehicles.
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134 STAT. 1414 PUBLIC LAW 116–260—DEC. 27, 2020
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
Advance to meet program requirements: Provided, That any proposed trans-
approval. fers shall be approved in advance by the Committees on Appropria-
tions of the House of Representatives and the Senate.
Courts. SEC. 522. Except as otherwise provided in this title, funds
Study. 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 Administra-
tion, 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 Court-
house Project Priorities plan; and (3) includes a standardized court-
room utilization study of each facility to be constructed, replaced,
or expanded.
Determination. 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 usu-
ally 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).
Notification. SEC. 524. From funds made available under the heading ‘‘Fed-
eral 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.
Contracts. SEC. 525. In any case in which the Committee on Transpor-
Determination. tation and Infrastructure of the House of Representatives and the
Statement.
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 Serv-
ices 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 agree-
ments, except that, if the Administrator determines that the delin-
eated area of the procurement should not be identical to the delin-
eated 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.
Spending plan. SEC. 526. With respect to each project funded under the heading
Deadline. ‘‘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
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the Senate not later than 60 days after the date of enactment
of this Act.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1415
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
SALARIES AND EXPENSES
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93–642,
$2,000,000, to remain available until expended.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Num-
bered 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 Retire-
ment 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 Gen-
eral of the Department of the Interior may be transferred to the
Morris K. Udall and Stewart L. Udall Foundation for annual inde-
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pendent financial audits pursuant to the Accountability of Tax
Dollars Act of 2002 (Public Law 107–289).
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134 STAT. 1416 PUBLIC LAW 116–260—DEC. 27, 2020
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,200,000, to remain available
until expended.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the administration
of the National Archives and Records Administration and archived
Federal records and related activities, as provided by law, and
for expenses necessary for the review and declassification of docu-
ments, 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 mainte-
nance, repairs, and cleaning, $377,000,000, of which $9,230,000
shall remain available until expended for improvements necessary
to enhance the Federal Government’s ability to electronically pre-
serve, manage, and store Government records, and of which up
to $2,000,000 shall remain available until expended to implement
the Civil Rights Cold Case Records Collection Act of 2018 (Public
Law 115–426).
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $4,823,000.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives facili-
ties, and to provide adequate storage for holdings, $9,500,000, to
remain available until expended.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504,
$6,500,000, to remain available until expended.
NATIONAL CREDIT UNION ADMINISTRATION
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund pro-
gram as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000
whamilton on LAP1Z6H6L3PROD with STATUTES
shall be available until September 30, 2022, for technical assistance
to low-income designated credit unions.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1417
OFFICE OF GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and represen-
tation 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 examina-
tions performed for veterans by private physicians on a fee basis;
rental of conference rooms in the District of Columbia and else-
where; hire of passenger motor vehicles; not to exceed $2,500 for
official reception and representation expenses; and payment of per
diem and/or subsistence allowances to employees where Voting
Rights Act activities require an employee to remain overnight at
his or her post of duty, $160,130,000: Provided, That of the total
amount made available under this heading, at least $9,000,000
shall remain available until expended, for information technology
infrastructure modernization and Trust Fund Federal Financial
System migration or modernization, and shall be in addition to
funds otherwise made available for such purposes: Provided further,
That of the total amount made available under this heading, not
less than $350,000 shall be used to hire additional congressional
liaisons: Provided further, That of the total amount made available
under this heading, $1,068,000 may be made available for strength-
ening 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 tech-
nology in support of acquisition workforce effectiveness or for
management solutions to improve acquisition management; and
in addition $169,625,000 for administrative expenses, to be trans-
ferred 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
whamilton on LAP1Z6H6L3PROD with STATUTES
further, That the President’s Commission on White House Fellows, Donations.
established by Executive Order No. 11183 of October 3, 1964, may,
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134 STAT. 1418 PUBLIC LAW 116–260—DEC. 27, 2020
during fiscal year 2021, accept donations of money, property, and
personal services: Provided further, That such donations, including
those from prior years, may be used for the development of publicity
materials to provide information about the White House Fellows,
except that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of employees
of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,000,000, and in addition, not to exceed
$27,265,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management’s
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management,
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in the
District of Columbia and elsewhere.
OFFICE OF SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel, including services as authorized by 5 U.S.C.
3109, payment of fees and expenses for witnesses, rental of con-
ference rooms in the District of Columbia and elsewhere, and hire
of passenger motor vehicles; $29,500,000.
POSTAL REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109–435), $17,000,000, to be derived
by transfer from the Postal Service Fund and expended as author-
ized 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 Over-
sight Board, as authorized by section 1061 of the Intelligence
whamilton on LAP1Z6H6L3PROD with STATUTES
Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee),
$8,500,000, to remain available until September 30, 2022.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1419
PUBLIC BUILDINGS REFORM BOARD
SALARIES AND EXPENSES
For salaries and expenses of the Public Buildings Reform Board
in carrying out the Federal Assets Sale and Transfer Act of 2016
(Public Law 114–287), $3,500,000, to remain available until
expended.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,500 for official
reception and representation expenses, $1,894,835,000, to remain
available until expended; of which not less than $16,313,000 shall
be for the Office of Inspector General; of which not to exceed
$75,000 shall be available for a permanent secretariat for the Inter-
national 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 attend-
ance including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence.
In addition to the foregoing appropriation, for move, replication,
and related costs associated with a replacement lease for the
Commission’s District of Columbia headquarters, not to exceed
$18,650,000, to remain available until expended; and for move,
replication, and related costs associated with a replacement lease
for the Commission’s San Francisco Regional Office facilities, not
to exceed $12,677,000, to remain available until expended.
For purposes of calculating the fee rate under section 31(j)
of the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for fiscal
year 2021, all amounts appropriated under this heading shall be
deemed to be the regular appropriation to the Commission for
fiscal year 2021: Provided, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee)
shall be credited to this account as offsetting collections: Provided
further, That not to exceed $1,894,835,000 of such offsetting collec-
tions 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 fur-
ther, That the total amount appropriated under this heading from
the general fund for fiscal year 2021 shall be reduced as such
whamilton on LAP1Z6H6L3PROD with STATUTES
offsetting fees are received so as to result in a final total fiscal
year 2021 appropriation from the general fund estimated at not
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134 STAT. 1420 PUBLIC LAW 116–260—DEC. 27, 2020
more than $0: Provided further, That if any amount of the appro-
priation for move, replication, and related costs associated with
a replacement lease for the Commission’s District of Columbia
headquarters office facilities or if any amount of the appropriation
for costs associated with a replacement lease for the Commission’s
San Francisco Regional Office is subsequently de-obligated by the
Commission, such amount that was derived from the general fund
shall be returned to the general fund, and such amounts that
were derived from fees or assessments collected for such purpose
shall be paid to each national securities exchange and national
securities association, respectively, in proportion to any fees or
assessments paid by such national securities exchange or national
securities association under section 31 of the Securities Exchange
Act of 1934 (15 U.S.C. 78ee) in fiscal year 2021.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109;
and not to exceed $750 for official reception and representation
President. expenses; $26,000,000: Provided, That during the current fiscal
year, the President may exempt this appropriation from the provi-
sions 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 representa-
tion expenses, $270,157,000, of which not less than $12,000,000
shall be available for examinations, reviews, and other lender over-
Fees. sight 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, reve-
nues 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
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shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2022.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1421
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
For necessary expenses of programs supporting entrepreneurial
and small business development, $272,000,000, to remain available
until September 30, 2022: Provided, That $136,000,000 shall be
available to fund grants for performance in fiscal year 2021 or
fiscal year 2022 as authorized by section 21 of the Small Business
Act: Provided further, That $35,000,000 shall be for marketing,
management, and technical assistance under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided further,
That $19,500,000 shall be available for grants to States to carry
out export programs that assist small business concerns authorized
under section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$22,011,000.
OFFICE OF ADVOCACY
For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94–305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C.
601 et seq.), $9,190,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $5,000,000, to remain available
until expended, and for the cost of guaranteed loans as authorized
by section 7(a) of the Small Business Act (Public Law 83–163),
$15,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That subject to section 502 of the Congressional
Budget Act of 1974, during fiscal year 2021 commitments to guar-
antee loans under section 503 of the Small Business Investment
Act of 1958 shall not exceed $7,500,000,000: Provided further, That
during fiscal year 2021 commitments for general business loans
authorized under paragraphs (1) through (35) of section 7(a) of
the Small Business Act shall not exceed $30,000,000,000 for a
combination of amortizing term loans and the aggregated maximum
line of credit provided by revolving loans: Provided further, That
during fiscal year 2021 commitments for loans authorized under
subparagraph (C) of section 502(7) of the Small Business Investment
Act of 1958 (15 U.S.C. 696(7)) shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2021 commitments to
guarantee loans for debentures under section 303(b) of the Small
Business Investment Act of 1958 shall not exceed $4,000,000,000:
Provided further, That during fiscal year 2021, guarantees of trust
certificates authorized by section 5(g) of the Small Business Act
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shall not exceed a principal amount of $13,000,000,000. In addition,
for administrative expenses to carry out the direct and guaranteed
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134 STAT. 1422 PUBLIC LAW 116–260—DEC. 27, 2020
loan programs, $160,300,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the direct loan pro-
gram authorized by section 7(b) of the Small Business Act,
$168,075,000, to be available until expended, of which $1,600,000
is for the Office of Inspector General of the Small Business Adminis-
tration for audits and reviews of disaster loans and the disaster
loan programs and shall be transferred to and merged with the
appropriations for the Office of Inspector General; of which
$158,075,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program, which may
be transferred to and merged with the appropriations for Salaries
and Expenses; and of which $8,400,000 is for indirect administrative
expenses for the direct loan program, which may be transferred
to and merged with the appropriations for Salaries and Expenses:
Provided, That, of the funds provided under this heading,
$142,864,000 shall be for major disasters declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122(2)): Provided further, That the amount for
major disasters under this heading is designated by Congress as
being for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (Public
Law 99–177).
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING TRANSFERS OF FUNDS)
SEC. 540. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Adminis-
tration 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.
Advance SEC. 541. Not to exceed 3 percent of any appropriation made
approval. 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
whamilton on LAP1Z6H6L3PROD with STATUTES
transferred to the IT WCF under this section shall remain available
for obligation through September 30, 2024.
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1423
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $55,333,000:
Provided, That mail for overseas voting and mail for the blind Mail.
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 indi-
vidual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning
an address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices: Provided further,
That the Postal Service may not destroy, and shall continue to
offer for sale, any copies of the Multinational Species Conservation
Funds Semipostal Stamp, as authorized under the Multinational
Species Conservation Funds Semipostal Stamp Act of 2010 (Public
Law 111–241).
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$250,000,000, to be derived by transfer from the Postal Service
Fund and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109–435).
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, and not to exceed $3,000
for official reception and representation expenses; $56,100,000, of
which $1,000,000 shall remain available until expended: Provided,
That travel expenses of the judges shall be paid upon the written Certificate.
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
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of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
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134 STAT. 1424 PUBLIC LAW 116–260—DEC. 27, 2020
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.
Contracts. SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursu-
ant 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 appro-
priations 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 Govern-
ment 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).
Compliance. 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.
Advance SEC. 608. Except as otherwise provided in this Act, none of
approval. 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 pro-
vided 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) aug-
ments 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, which-
ever 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:
Consultation. Provided, That prior to any significant reorganization, restruc-
turing, relocation, or closing of offices, programs, or activities, each
agency or entity funded in this Act shall consult with the Commit-
tees on Appropriations of the House of Representatives and the
Reports. Senate: Provided further, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act
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shall submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the baseline
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1425
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That at a minimum the report Applicability.
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 Penalties.
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 Approval request.
submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expendi-
ture 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 Background
may be used by the Executive Office of the President to request— investigations.
(1) any official background investigation report on any indi-
vidual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an Determination.
organization as described in section 501(c) of the Internal Rev- Tax exemption.
enue 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, Deadline.
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 cir-
cumstances 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 imple-
menting any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Manage-
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ment may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations
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134 STAT. 1426 PUBLIC LAW 116–260—DEC. 27, 2020
Act) funds made available to the Office of Personnel Management
pursuant to court approval.
Abortion. 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 reimburse-
ment 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.
Contracts. SEC. 617. (a)(1) Notwithstanding any other provision of law,
Consultation. 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 negotia-
tions with the current lessor.
President. (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.
Definition. (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 Administra-
tion or the United States Postal Service.
SEC. 618. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to—
(A) the Judicial Officers’ Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors’ Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges’
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Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions—
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1427
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise applicable
limitation on the use of funds contained in this Act.
SEC. 619. None of the funds made available in this Act may Reports.
be used by the Federal Trade Commission to complete the draft Compliance.
report entitled ‘‘Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts’’ unless the Interagency Working
Group on Food Marketed to Children complies with Executive Order
No. 13563.
SEC. 620. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions regarding
the budget planning process related to information technology.
(b) Amounts appropriated for any executive branch agency Consultation.
funded by this Act that are available for information technology
shall be allocated within the agency, consistent with the provisions
of appropriations Acts and budget guidelines and recommendations
from the Director of the Office of Management and Budget, in
such manner as specified by, or approved by, the Chief Information
Officer of the agency in consultation with the Chief Financial Officer
of the agency and budget officials.
SEC. 621. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44, United
States Code.
SEC. 622. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public or
remote computing service of the contents of a wire or electronic
communication that is in electronic storage with the provider (as
such terms are defined in sections 2510 and 2711 of title 18,
United States Code) in a manner that violates the Fourth Amend-
ment to the Constitution of the United States.
SEC. 623. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible tele-
communications carriers in a way that is inconsistent with para-
graph (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, devel-
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oping, or adopting other support mechanisms as an alternative
to Mobility Fund Phase II.
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134 STAT. 1428 PUBLIC LAW 116–260—DEC. 27, 2020
Records. SEC. 624. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has respon-
sibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General’s access to such records, docu-
ments, 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
Reports. Act of 1978. Each Inspector General covered by this section shall
Compliance. report to the Committees on Appropriations of the House of Rep-
resentatives and the Senate within 5 calendar days any failures
to comply with this requirement.
Pornography. SEC. 625. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds nec-
essary 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 assist-
ance-related activity.
Contracts. SEC. 626. None of the funds appropriated or other-wise made
Determination. 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, govern-
ment-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.
Conference SEC. 627. (a) None of the funds made available under this
attendees. Act may be used to pay for travel and conference activities that
Determinations. result in a total cost to an Executive branch department, agency,
Notifications.
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 Appropria-
tions of the House of Representatives and the Senate that includes
the basis of that determination.
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SEC. 628. None of the funds made available by this Act may
be used for first-class or business-class travel by the employees
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1429
of executive branch agencies funded by this Act in contravention
of sections 301–10.122 through 301–10.125 of title 41, Code of
Federal Regulations.
SEC. 629. In addition to any amounts appropriated or otherwise
made available for expenses related to enhancements to
www.oversight.gov, $850,000, to remain available until expended,
shall be provided for an additional amount for such purpose to
the Inspectors General Council Fund established pursuant to section
11(c)(3)(B) of the Inspector General Act of 1978 (5 U.S.C. App.):
Provided, That these amounts shall be in addition to any amounts
or any authority available to the Council of the Inspectors General
on Integrity and Efficiency under section 11 of the Inspector General
Act of 1978 (5 U.S.C. App.).
SEC. 630. None of the funds made available by this Act may Notification.
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 Appropria-
tions of the House of Representatives and the Senate.
SEC. 631. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding the
disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
SEC. 632. Federal agencies funded under this Act shall clearly Requirement.
state within the text, audio, or video used for advertising or edu-
cational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at U.S. taxpayer expense. The funds used by a Federal agency
to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
SEC. 633. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this act,
shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 634. Of the unobligated balances available in the Depart-
ment of the Treasury, Treasury Forfeiture Fund, established by
section 9703 of title 31, United States Code, $75,000,000 shall
be permanently rescinded not later than September 30, 2021.
SEC. 635. Not later than 45 days after the last day of each Reports.
quarter, each agency funded in this Act shall submit to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives a quarterly budget report that includes total obligations of
the Agency for that quarter for each appropriation, by the source
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year of the appropriation.
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134 STAT. 1430 PUBLIC LAW 116–260—DEC. 27, 2020
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES, AND CORPORATIONS
(INCLUDING TRANSFER OF FUNDS)
Drug-free SEC. 701. No department, agency, or instrumentality of the
workplace. 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 instrumen-
tality.
31 USC 1343 SEC. 702. Unless otherwise specifically provided, the maximum
note. 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.
5 USC 3101 note. 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
whamilton on LAP1Z6H6L3PROD with STATUTES
and has filed a declaration of intention to become a lawful perma-
nent resident and then a citizen when eligible; or (4) is a person
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1431
who owes allegiance to the United States: Provided, That for pur- Affidavits.
poses 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.
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person making Penalties.
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 Time period.
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 employ-
ment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply Time period.
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 pay-
ment 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 per-
formed 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 dis-
posed 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 pro-
grams, 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 corpora-
tions 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;
whamilton on LAP1Z6H6L3PROD with STATUTES
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
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134 STAT. 1432 PUBLIC LAW 116–260—DEC. 27, 2020
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 subse-
quently 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, commit-
tees, 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.
Notification. SEC. 710. During the period in which the head of any depart-
ment or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such depart-
ment head, agency head, officer, or employee, or to purchase fur-
niture 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
Definition. 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 telecommuni-
cations initiatives which benefit multiple Federal departments,
agencies, or entities, as provided by Executive Order No. 13618
(July 6, 2012).
Certification. 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 posi-
tion 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 instrumen-
tality 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
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any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1433
(1) prohibits or prevents, or attempts or threatens to pro-
hibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communica-
tion 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, com-
mittee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, 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 emo-
tional response or psychological stress in some participants;
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems 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 Propaganda.
other Act shall be used by an agency of the executive branch, Lobbying.
other than for normal and recognized executive-legislative relation-
ships, 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 legisla-
tion 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.
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SEC. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information such
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134 STAT. 1434 PUBLIC LAW 116–260—DEC. 27, 2020
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.
Propaganda. 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.
Definitions. 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.
Reimbursement. 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,
Consultation. 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 consulta-
tion 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 procure-
ment 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
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Administration, Government-wide Policy’’ during fiscal year 2021
shall remain available for obligation through September 30, 2022:
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1435
Provided further, That such transfers or reimbursements may only Time period.
be made after 15 days following notification of the Committees Notification.
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 Breastfeeding.
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 Reports.
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 applica- Compliance.
tion, 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 Applicability.
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 identifi-
able 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:
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(1) The term ‘‘regulatory’’ means agency actions to imple-
ment, interpret or enforce authorities provided in law.
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134 STAT. 1436 PUBLIC LAW 116–260—DEC. 27, 2020
(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 pro-
vided in law.
Contracts. SEC. 726. (a) None of the funds appropriated by this Act may
Drugs and drug be used to enter into or renew a contract which includes a provision
abuse. providing prescription drug coverage, except where the contract
Contraceptives.
also includes a provision for contraceptive coverage.
Religion. (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 indi-
vidual 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.
Abortion. (d) Nothing in this section shall be construed to require cov-
erage of abortion or abortion-related services.
Anti-doping. 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 Fellow-
ship 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).
Contracts. SEC. 730. Notwithstanding any other provision of law, no execu-
Advance tive branch agency shall purchase, construct, or lease any additional
approval. facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate, except that the
Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
News stories. SEC. 731. Unless otherwise authorized by existing law, none
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of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news story
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PUBLIC LAW 116–260—DEC. 27, 2020 134 STAT. 1437
intended for broadcast or distribution in the United States, unless
the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story
was prepared or funded by that executive branch agency.
SEC. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act), and regulations imple-
menting that section.
SEC. 733. (a) IN GENERAL.—None of the funds appropriated Contracts.
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incor-
porated 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) Determination.
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 734. During fiscal year 2021, for each employee who—
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III
of chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability Fund
an amount equal to the Office of Personnel Management’s
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall
be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
SEC. 735. (a) None of the funds made available in this or Contracts.
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or direc-
tors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any person
with the intent or the reasonable expectation that the person
will use the funds to make a payment described in paragraph
(1).
(b) In this section, each of the terms ‘‘contribution’’, ‘‘expendi- Definitions.
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ture’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’,
‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given
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