H.R. 133, Consolidated Appropriations Act, 2021
Summary
The House resolved on December 21, 2020, to agree to the amendment of the Senate to H.R. 133. That bill is entitled An Act to promote economic partnership and cooperation between the United States and Mexico. The House amendment may be cited as the Consolidated Appropriations Act, 2021. Its table of contents begins with Division A, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2021, followed by Division B, Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021, and Division C, Department of Defense Appropriations Act, 2021.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
- Issuer
- Congressional materials
- Document type
- Bills Bills 116Hr133Eah Bills 116Hr133Eah
- Case
- Bills Bills 116Hr133Eah Bills 116Hr133Eah
Cite this document
“H.R. 133, Consolidated Appropriations Act, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr133eah-bills-116hr133eah/
, SHA-256 3f4beff7b8f981521d129490d153856fdb37344a3d1d92a5fb22fb7c82cadf8d.Full text
In the House of Representatives, U. S.,
December 21, 2020.
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 133) entitled ‘‘An Act to promote
economic partnership and cooperation between the United
States and Mexico.’’, with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Consolidated Appropria-
3 tions Act, 2021’’.
4 SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8. Definition.
Sec. 9. Office of Management and Budget Reporting Requirement.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND
DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIA-
TIONS ACT, 2021
Title I—Agricultural Programs
Title II—Farm Production and Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agency and Food and Drug Administration
Title VII—General Provisions
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6213 Z:\116\ENGROSS\H133.EAH h133
2
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT,
2021
Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
Title IX—Overseas Contingency Operations
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 Presi-
dent
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
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6213 Z:\116\ENGROSS\H133.EAH h133
3
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 APPRO-
PRIATIONS ACT, 2021
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
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 DEVELOP-
MENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
Title I—Department of Transportation
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
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 Z:\116\ENGROSS\H133.EAH h133
4
Title III—U.S. Customs and Border Protection Authority to Accept Donations
Extension
Title IV—Livestock Mandatory Reporting Extension
Title V—Soil Health and Income Protection Pilot Program Extension
Title VI—United States-Mexico-Canada Agreement Implementation Act Technical
Corrections
Title VII—Deputy Architect of the Capitol Amendments
Title VIII—Pandemic Response Accountability Committee Amendments
Title IX—Adjustment of Status for Liberian Nationals Extension
Title X—Clean Up the Code Act of 2019
Title XI—Amendments to Provisions Relating to Child Care Centers
Title XII—Alaska Natives Extension
Title XIII— Open Technology Fund Opportunity to Contest Proposed Debarment
Title XIV—Budgetary Effects
DIVISION P—NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF
2020
DIVISION Q—FINANCIAL SERVICES PROVISIONS AND
INTELLECTUAL PROPERTY
DIVISION R—PROTECTING OUR INFRASTRUCTURE OF PIPELINES
AND ENHANCING SAFETY ACT OF 2020
DIVISION S—INNOVATION FOR THE ENVIRONMENT
DIVISION T—SMITHSONIAN AMERICAN WOMEN’S HISTORY MUSEUM
ACT AND NATIONAL MUSEUM OF THE AMERICAN LATINO
DIVISION U—HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
PROVISIONS
DIVISION V—AIRCRAFT CERTIFICATION, SAFETY, AND
ACCOUNTABILITY
DIVISION W—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL
YEAR 2021
DIVISION X—SUPPORTING FOSTER YOUTH AND FAMILIES
THROUGH THE PANDEMIC
DIVISION Y—AMERICAN MINER BENEFITS IMPROVEMENT
DIVISION Z—ENERGY ACT OF 2020
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6213 Z:\116\ENGROSS\H133.EAH h133
5
DIVISION AA—WATER RESOURCES DEVELOPMENT ACT OF 2020
DIVISION BB—PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH
PROVISIONS
DIVISION CC—HEALTH EXTENDERS
DIVISION DD—MONTANA WATER RIGHTS PROTECTION ACT
DIVISION EE—TAXPAYER CERTAINTY AND DISASTER TAX RELIEF
ACT OF 2020
DIVISION FF—OTHER MATTER
Title I—Continuing Education at Affected Foreign Institutions and Modification
of Certain Protections for Taxpayer Return Information
Title II—Public Lands
Title III—Foreign Relations and Department of State Provisions
Title IV—Senate Sergeant at Arms Cloud Services
Title V— Repeal of Requirement to Sell Certain Federal Property in Plum Is-
land, New York
Title VI— Preventing Online Sales of E-Cigarettes to Children
Title VII—FAFSA Simplification
Title VIII—Access to Death Information Furnished to or Maintained by the So-
cial Security Administration
Title IX—Telecommunications and Consumer Protection
Title X—Bankruptcy Relief
Title XI—Western Water and Indian Affairs
Title XII—Horseracing Integrity and Safety
Title XIII—Community Development Block Grants
Title XIV—COVID–19 Consumer Protection Act
Title XV—American COMPETE Act
Title XVI—Recording of Obligations
Title XVII—Sudan Claims Resolution
Title XVIII—Theodore Roosevelt Presidential Library Conveyance Act of 2020
Title XIX—United States-Mexico Economic Partnership Act
Title XX—Consumer Product Safety Commission Port Surveillance
Title XXI—COVID–19 Regulatory Relief and Work From Home Safety Act
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi-
5 sion.
6 SEC. 4. EXPLANATORY STATEMENT.
7 The explanatory statement regarding this Act, printed
8 in the House section of the Congressional Record on or
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
6
1 about December 21, 2020, and submitted by the Chair-
2 woman of the Committee on Appropriations of the House,
3 shall have the same effect with respect to the allocation of
4 funds and implementation of divisions A through L of this
5 Act as if it were a joint explanatory statement of a com-
6 mittee of conference.
7 SEC. 5. STATEMENT OF APPROPRIATIONS.
8 The following sums in this Act are appropriated, out
9 of any money in the Treasury not otherwise appropriated,
10 for the fiscal year ending September 30, 2021.
11 SEC. 6. AVAILABILITY OF FUNDS.
12 (a) Each amount designated in this Act by the Con-
13 gress as an emergency requirement pursuant to section
14 251(b)(2)(A)(i) of the Balanced Budget and Emergency
15 Deficit Control Act of 1985 shall be available (or rescinded,
16 if applicable) only if the President subsequently so des-
17 ignates all such amounts and transmits such designations
18 to the Congress.
19 (b) Each amount designated in this Act by the Con-
20 gress for Overseas Contingency Operations/Global War on
21 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal-
22 anced Budget and Emergency Deficit Control Act of 1985
23 shall be available (or rescinded, if applicable) only if the
24 President subsequently so designates all such amounts and
25 transmits such designations to the Congress.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
7
1 SEC. 7. ADJUSTMENTS TO COMPENSATION.
2 Notwithstanding any other provision of law, no adjust-
3 ment shall be made under section 601(a) of the Legislative
4 Reorganization Act of 1946 (2 U.S.C. 4501) (relating to
5 cost of living adjustments for Members of Congress) during
6 fiscal year 2021.
7 SEC. 8. DEFINITION.
8 In divisions A through M of this Act, the term
9 ‘‘coronavirus’’ means SARS–CoV–2 or another coronavirus
10 with pandemic potential.
11 SEC. 9. OFFICE OF MANAGEMENT AND BUDGET REPORTING
12 REQUIREMENT.
13 Notwithstanding the ‘‘7 calendar days’’ requirement in
14 section 251(a)(7)(B) of the Balanced Budget and Emer-
15 gency Deficit Control Act of 1985 (2 U.S.C. 901(a)(7)(B)),
16 for any appropriations Act for fiscal year 2021 enacted be-
17 fore January 1, 2021, the Office of Management and Budget
18 shall transmit to the Congress its report under that section
19 estimating the discretionary budgetary effects of such Acts
20 not later than January 15, 2021.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
8
1 DIVISION A—AGRICULTURE, RURAL DE-
2 VELOPMENT, FOOD AND DRUG ADMIN-
3 ISTRATION, AND RELATED AGENCIES
4 APPROPRIATIONS ACT, 2021
5 TITLE I
6 AGRICULTURAL PROGRAMS
7 PROCESSING, RESEARCH, AND MARKETING
8 OFFICE OF THE SECRETARY
9 (INCLUDING TRANSFERS OF FUNDS)
10 For necessary expenses of the Office of the Secretary,
11 $46,998,000, of which not to exceed $5,101,000 shall be
12 available for the immediate Office of the Secretary; not to
13 exceed $1,324,000 shall be available for the Office of Home-
14 land Security; not to exceed $7,002,000 shall be available
15 for the Office of Partnerships and Public Engagement, of
16 which $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to
17 exceed $22,321,000 shall be available for the Office of the
18 Assistant Secretary for Administration, of which
19 $21,440,000 shall be available for Departmental Adminis-
20 tration to provide for necessary expenses for management
21 support services to offices of the Department and for general
22 administration, security, repairs and alterations, and other
23 miscellaneous supplies and expenses not otherwise provided
24 for and necessary for the practical and efficient work of the
25 Department: Provided, That funds made available by this
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
9
1 Act to an agency in the Administration mission area for
2 salaries and expenses are available to fund up to one ad-
3 ministrative support staff for the Office; not to exceed
4 $3,908,000 shall be available for the Office of Assistant Sec-
5 retary for Congressional Relations and Intergovernmental
6 Affairs to carry out the programs funded by this Act, in-
7 cluding programs involving intergovernmental affairs and
8 liaison within the executive branch; and not to exceed
9 $7,342,000 shall be available for the Office of Communica-
10 tions: Provided further, That the Secretary of Agriculture
11 is authorized to transfer funds appropriated for any office
12 of the Office of the Secretary to any other office of the Office
13 of the Secretary: Provided further, That no appropriation
14 for any office shall be increased or decreased by more than
15 5 percent: Provided further, That not to exceed $22,000 of
16 the amount made available under this paragraph for the
17 immediate Office of the Secretary shall be available for offi-
18 cial reception and representation expenses, not otherwise
19 provided for, as determined by the Secretary: Provided fur-
20 ther, That the amount made available under this heading
21 for Departmental Administration shall be reimbursed from
22 applicable appropriations in this Act for travel expenses in-
23 cident to the holding of hearings as required by 5 U.S.C.
24 551–558: Provided further, That funds made available
25 under this heading for the Office of the Assistant Secretary
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
10
1 for Congressional Relations and Intergovernmental Affairs
2 may be transferred to agencies of the Department of Agri-
3 culture funded by this Act to maintain personnel at the
4 agency level: Provided further, That no funds made avail-
5 able under this heading for the Office of Assistant Secretary
6 for Congressional Relations may be obligated after 30 days
7 from the date of enactment of this Act, unless the Secretary
8 has notified the Committees on Appropriations of both
9 Houses of Congress on the allocation of these funds by
10 USDA agency: Provided further, That during any 30 day
11 notification period referenced in section 716 of this Act, the
12 Secretary of Agriculture shall take no action to begin imple-
13 mentation of the action that is subject to section 716 of this
14 Act or make any public announcement of such action in
15 any form.
16 EXECUTIVE OPERATIONS
17 OFFICE OF THE CHIEF ECONOMIST
18 For necessary expenses of the Office of the Chief Econo-
19 mist, $24,192,000, of which $8,000,000 shall be for grants
20 or cooperative agreements for policy research under 7
21 U.S.C. 3155.
22 OFFICE OF HEARINGS AND APPEALS
23 For necessary expenses of the Office of Hearings and
24 Appeals, $15,394,000.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
11
1 OFFICE OF BUDGET AND PROGRAM ANALYSIS
2 For necessary expenses of the Office of Budget and Pro-
3 gram Analysis, $9,629,000.
4 OFFICE OF THE CHIEF INFORMATION OFFICER
5 For necessary expenses of the Office of the Chief Infor-
6 mation Officer, $66,814,000, of which not less than
7 $56,000,000 is for cybersecurity requirements of the depart-
8 ment.
9 OFFICE OF THE CHIEF FINANCIAL OFFICER
10 For necessary expenses of the Office of the Chief Finan-
11 cial Officer, $6,109,000.
12 OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL
13 RIGHTS
14 For necessary expenses of the Office of the Assistant
15 Secretary for Civil Rights, $908,000: Provided, That funds
16 made available by this Act to an agency in the Civil Rights
17 mission area for salaries and expenses are available to fund
18 up to one administrative support staff for the Office.
19 OFFICE OF CIVIL RIGHTS
20 For necessary expenses of the Office of Civil Rights,
21 $22,789,000.
22 AGRICULTURE BUILDINGS AND FACILITIES
23 (INCLUDING TRANSFERS OF FUNDS)
24 For payment of space rental and related costs pursu-
25 ant to Public Law 92–313, including authorities pursuant
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
12
1 to the 1984 delegation of authority from the Administrator
2 of General Services to the Department of Agriculture under
3 40 U.S.C. 121, for programs and activities of the Depart-
4 ment which are included in this Act, and for alterations
5 and other actions needed for the Department and its agen-
6 cies to consolidate unneeded space into configurations suit-
7 able for release to the Administrator of General Services,
8 and for the operation, maintenance, improvement, and re-
9 pair of Agriculture buildings and facilities, and for related
10 costs, $108,124,000, to remain available until expended.
11 HAZARDOUS MATERIALS MANAGEMENT
12 (INCLUDING TRANSFERS OF FUNDS)
13 For necessary expenses of the Department of Agri-
14 culture, to comply with the Comprehensive Environmental
15 Response, Compensation, and Liability Act (42 U.S.C.
16 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C.
17 6901 et seq.), $6,514,000, to remain available until ex-
18 pended: Provided, That appropriations and funds available
19 herein to the Department for Hazardous Materials Manage-
20 ment may be transferred to any agency of the Department
21 for its use in meeting all requirements pursuant to the
22 above Acts on Federal and non-Federal lands.
23 OFFICE OF SAFETY, SECURITY, AND PROTECTION
24 For necessary expenses of the Office of Safety, Security,
25 and Protection, $23,218,000.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
13
1 OFFICE OF INSPECTOR GENERAL
2 For necessary expenses of the Office of Inspector Gen-
3 eral, including employment pursuant to the Inspector Gen-
4 eral Act of 1978 (Public Law 95–452; 5 U.S.C. App.),
5 $99,912,000, including such sums as may be necessary for
6 contracting and other arrangements with public agencies
7 and private persons pursuant to section 6(a)(9) of the In-
8 spector General Act of 1978 (Public Law 95–452; 5 U.S.C.
9 App.), and including not to exceed $125,000 for certain con-
10 fidential operational expenses, including the payment of in-
11 formants, to be expended under the direction of the Inspec-
12 tor General pursuant to the Inspector General Act of 1978
13 (Public Law 95–452; 5 U.S.C. App.) and section 1337 of
14 the Agriculture and Food Act of 1981 (Public Law 97–98).
15 OFFICE OF THE GENERAL COUNSEL
16 For necessary expenses of the Office of the General
17 Counsel, $45,390,000.
18 OFFICE OF ETHICS
19 For necessary expenses of the Office of Ethics,
20 $4,184,000.
21 OFFICE OF THE UNDER SECRETARY FOR RESEARCH,
22 EDUCATION, AND ECONOMICS
23 For necessary expenses of the Office of the Under Sec-
24 retary for Research, Education, and Economics, $809,000:
25 Provided, That funds made available by this Act to an
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
14
1 agency in the Research, Education, and Economics mission
2 area for salaries and expenses are available to fund up to
3 one administrative support staff for the Office.
4 ECONOMIC RESEARCH SERVICE
5 For necessary expenses of the Economic Research Serv-
6 ice, $85,476,000.
7 NATIONAL AGRICULTURAL STATISTICS SERVICE
8 For necessary expenses of the National Agricultural
9 Statistics Service, $183,921,000, of which up to $46,300,000
10 shall be available until expended for the Census of Agri-
11 culture: Provided, That amounts made available for the
12 Census of Agriculture may be used to conduct Current In-
13 dustrial Report surveys subject to 7 U.S.C. 2204g(d) and
14 (f).
15 AGRICULTURAL RESEARCH SERVICE
16 SALARIES AND EXPENSES
17 For necessary expenses of the Agricultural Research
18 Service and for acquisition of lands by donation, exchange,
19 or purchase at a nominal cost not to exceed $100, and for
20 land exchanges where the lands exchanged shall be of equal
21 value or shall be equalized by a payment of money to the
22 grantor which shall not exceed 25 percent of the total value
23 of the land or interests transferred out of Federal ownership,
24 $1,491,784,000: Provided, That appropriations hereunder
25 shall be available for the operation and maintenance of air-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
15
1 craft and the purchase of not to exceed one for replacement
2 only: Provided further, That appropriations hereunder shall
3 be available pursuant to 7 U.S.C. 2250 for the construction,
4 alteration, and repair of buildings and improvements, but
5 unless otherwise provided, the cost of constructing any one
6 building shall not exceed $500,000, except for headhouses
7 or greenhouses which shall each be limited to $1,800,000,
8 except for 10 buildings to be constructed or improved at
9 a cost not to exceed $1,100,000 each, and except for two
10 buildings to be constructed at a cost not to exceed
11 $3,000,000 each, and the cost of altering any one building
12 during the fiscal year shall not exceed 10 percent of the cur-
13 rent replacement value of the building or $500,000, which-
14 ever is greater: Provided further, That appropriations here-
15 under shall be available for entering into lease agreements
16 at any Agricultural Research Service location for the con-
17 struction of a research facility by a non-Federal entity for
18 use by the Agricultural Research Service and a condition
19 of the lease shall be that any facility shall be owned, oper-
20 ated, and maintained by the non-Federal entity and shall
21 be removed upon the expiration or termination of the lease
22 agreement: Provided further, That the limitations on alter-
23 ations contained in this Act shall not apply to moderniza-
24 tion or replacement of existing facilities at Beltsville, Mary-
25 land: Provided further, That appropriations hereunder
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
16
1 shall be available for granting easements at the Beltsville
2 Agricultural Research Center: Provided further, That the
3 foregoing limitations shall not apply to replacement of
4 buildings needed to carry out the Act of April 24, 1948 (21
5 U.S.C. 113a): Provided further, That appropriations here-
6 under shall be available for granting easements at any Ag-
7 ricultural Research Service location for the construction of
8 a research facility by a non-Federal entity for use by, and
9 acceptable to, the Agricultural Research Service and a con-
10 dition of the easements shall be that upon completion the
11 facility shall be accepted by the Secretary, subject to the
12 availability of funds herein, if the Secretary finds that ac-
13 ceptance of the facility is in the interest of the United
14 States: Provided further, That funds may be received from
15 any State, other political subdivision, organization, or in-
16 dividual for the purpose of establishing or operating any
17 research facility or research project of the Agricultural Re-
18 search Service, as authorized by law.
19 BUILDINGS AND FACILITIES
20 For the acquisition of land, construction, repair, im-
21 provement, extension, alteration, and purchase of fixed
22 equipment or facilities as necessary to carry out the agricul-
23 tural research programs of the Department of Agriculture,
24 where not otherwise provided, $35,700,000 to remain avail-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
17
1 able until expended, of which $11,200,000 shall be allocated
2 for ARS facilities co-located with university partners.
3 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE
4 RESEARCH AND EDUCATION ACTIVITIES
5 For payments to agricultural experiment stations, for
6 cooperative forestry and other research, for facilities, and
7 for other expenses, $992,642,000, which shall be for the pur-
8 poses, and in the amounts, specified in the table titled ‘‘Na-
9 tional Institute of Food and Agriculture, Research and
10 Education Activities’’ in the explanatory statement de-
11 scribed in section 4 (in the matter preceding division A of
12 this consolidated Act): Provided, That funds for research
13 grants for 1994 institutions, education grants for 1890 in-
14 stitutions, Hispanic serving institutions education grants,
15 capacity building for non-land-grant colleges of agriculture,
16 the agriculture and food research initiative, veterinary
17 medicine loan repayment, multicultural scholars, graduate
18 fellowship and institution challenge grants, and grants
19 management systems shall remain available until expended:
20 Provided further, That each institution eligible to receive
21 funds under the Evans-Allen program receives no less than
22 $1,000,000: Provided further, That funds for education
23 grants for Alaska Native and Native Hawaiian-serving in-
24 stitutions be made available to individual eligible institu-
25 tions or consortia of eligible institutions with funds award-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
18
1 ed equally to each of the States of Alaska and Hawaii: Pro-
2 vided further, That funds for education grants for 1890 in-
3 stitutions shall be made available to institutions eligible to
4 receive funds under 7 U.S.C. 3221 and 3222: Provided fur-
5 ther, That not more than 5 percent of the amounts made
6 available by this or any other Act to carry out the Agri-
7 culture and Food Research Initiative under 7 U.S.C. 3157
8 may be retained by the Secretary of Agriculture to pay ad-
9 ministrative costs incurred by the Secretary in carrying out
10 that authority.
11 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
12 For the Native American Institutions Endowment
13 Fund authorized by Public Law 103–382 (7 U.S.C. 301
14 note), $11,880,000, to remain available until expended.
15 EXTENSION ACTIVITIES
16 For payments to States, the District of Columbia,
17 Puerto Rico, Guam, the Virgin Islands, Micronesia, the
18 Northern Marianas, and American Samoa, $538,447,000,
19 which shall be for the purposes, and in the amounts, speci-
20 fied in the table titled ‘‘National Institute of Food and Agri-
21 culture, Extension Activities’’ in the explanatory statement
22 described in section 4 (in the matter preceding division A
23 of this consolidated Act): Provided, That funds for facility
24 improvements at 1890 institutions shall remain available
25 until expended: Provided further, That institutions eligible
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
19
1 to receive funds under 7 U.S.C. 3221 for cooperative exten-
2 sion receive no less than $1,000,000: Provided further, That
3 funds for cooperative extension under sections 3(b) and (c)
4 of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and sec-
5 tion 208(c) of Public Law 93–471 shall be available for re-
6 tirement and employees’ compensation costs for extension
7 agents.
8 INTEGRATED ACTIVITIES
9 For the integrated research, education, and extension
10 grants programs, including necessary administrative ex-
11 penses, $39,000,000, which shall be for the purposes, and
12 in the amounts, specified in the table titled ‘‘National Insti-
13 tute of Food and Agriculture, Integrated Activities’’ in the
14 explanatory statement described in section 4 (in the matter
15 preceding division A of this consolidated Act): Provided,
16 That funds for the Food and Agriculture Defense Initiative
17 shall remain available until September 30, 2022: Provided
18 further, That notwithstanding any other provision of law,
19 indirect costs shall not be charged against any Extension
20 Implementation Program Area grant awarded under the
21 Crop Protection/Pest Management Program (7 U.S.C.
22 7626).
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
20
1 OFFICE OF THE UNDER SECRETARY FOR MARKETING AND
2 REGULATORY PROGRAMS
3 For necessary expenses of the Office of the Under Sec-
4 retary for Marketing and Regulatory Programs, $809,000:
5 Provided, That funds made available by this Act to an
6 agency in the Marketing and Regulatory Programs mission
7 area for salaries and expenses are available to fund up to
8 one administrative support staff for the Office.
9 ANIMAL AND PLANT HEALTH INSPECTION SERVICE
10 SALARIES AND EXPENSES
11 (INCLUDING TRANSFERS OF FUNDS)
12 For necessary expenses of the Animal and Plant
13 Health Inspection Service, including up to $30,000 for rep-
14 resentation allowances and for expenses pursuant to the
15 Foreign Service Act of 1980 (22 U.S.C. 4085),
16 $1,064,179,000, of which $478,000, to remain available
17 until expended, shall be available for the control of out-
18 breaks of insects, plant diseases, animal diseases and for
19 control of pest animals and birds (‘‘contingency fund’’) to
20 the extent necessary to meet emergency conditions; of which
21 $13,597,000, to remain available until expended, shall be
22 used for the cotton pests program, including for cost share
23 purposes or for debt retirement for active eradication zones;
24 of which $38,093,000, to remain available until expended,
25 shall be for Animal Health Technical Services; of which
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
21
1 $2,009,000 shall be for activities under the authority of the
2 Horse Protection Act of 1970, as amended (15 U.S.C. 1831);
3 of which $63,213,000, to remain available until expended,
4 shall be used to support avian health; of which $4,251,000,
5 to remain available until expended, shall be for information
6 technology infrastructure; of which $196,553,000, to remain
7 available until expended, shall be for specialty crop pests;
8 of which, $10,942,000, to remain available until expended,
9 shall be for field crop and rangeland ecosystem pests; of
10 which $19,620,000, to remain available until expended,
11 shall be for zoonotic disease management; of which
12 $41,268,000, to remain available until expended, shall be
13 for emergency preparedness and response; of which
14 $60,456,000, to remain available until expended, shall be
15 for tree and wood pests; of which $5,736,000, to remain
16 available until expended, shall be for the National Veteri-
17 nary Stockpile; of which up to $1,500,000, to remain avail-
18 able until expended, shall be for the scrapie program for
19 indemnities; of which $2,500,000, to remain available until
20 expended, shall be for the wildlife damage management pro-
21 gram for aviation safety: Provided, That of amounts avail-
22 able under this heading for wildlife services methods devel-
23 opment, $1,000,000 shall remain available until expended:
24 Provided further, That of amounts available under this
25 heading for the screwworm program, $4,990,000 shall re-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
22
1 main available until expended; of which $20,252,000, to re-
2 main available until expended, shall be used to carry out
3 the science program and transition activities for the Na-
4 tional Bio and Agro-defense Facility located in Manhattan,
5 Kansas: Provided further, That no funds shall be used to
6 formulate or administer a brucellosis eradication program
7 for the current fiscal year that does not require minimum
8 matching by the States of at least 40 percent: Provided fur-
9 ther, That this appropriation shall be available for the pur-
10 chase, replacement, operation, and maintenance of aircraft:
11 Provided further, That in addition, in emergencies which
12 threaten any segment of the agricultural production indus-
13 try of the United States, the Secretary may transfer from
14 other appropriations or funds available to the agencies or
15 corporations of the Department such sums as may be
16 deemed necessary, to be available only in such emergencies
17 for the arrest and eradication of contagious or infectious
18 disease or pests of animals, poultry, or plants, and for ex-
19 penses in accordance with sections 10411 and 10417 of the
20 Animal Health Protection Act (7 U.S.C. 8310 and 8316)
21 and sections 431 and 442 of the Plant Protection Act (7
22 U.S.C. 7751 and 7772), and any unexpended balances of
23 funds transferred for such emergency purposes in the pre-
24 ceding fiscal year shall be merged with such transferred
25 amounts: Provided further, That appropriations hereunder
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
23
1 shall be available pursuant to law (7 U.S.C. 2250) for the
2 repair and alteration of leased buildings and improve-
3 ments, but unless otherwise provided the cost of altering any
4 one building during the fiscal year shall not exceed 10 per-
5 cent of the current replacement value of the building.
6 In fiscal year 2021, the agency is authorized to collect
7 fees to cover the total costs of providing technical assistance,
8 goods, or services requested by States, other political sub-
9 divisions, domestic and international organizations, foreign
10 governments, or individuals, provided that such fees are
11 structured such that any entity’s liability for such fees is
12 reasonably based on the technical assistance, goods, or serv-
13 ices provided to the entity by the agency, and such fees shall
14 be reimbursed to this account, to remain available until ex-
15 pended, without further appropriation, for providing such
16 assistance, goods, or services.
17 BUILDINGS AND FACILITIES
18 For plans, construction, repair, preventive mainte-
19 nance, environmental support, improvement, extension, al-
20 teration, and purchase of fixed equipment or facilities, as
21 authorized by 7 U.S.C. 2250, and acquisition of land as
22 authorized by 7 U.S.C. 2268a, $3,175,000, to remain avail-
23 able until expended.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
24
1 AGRICULTURAL MARKETING SERVICE
2 MARKETING SERVICES
3 For necessary expenses of the Agricultural Marketing
4 Service, $188,358,000, of which $6,000,000 shall be avail-
5 able for the purposes of section 12306 of Public Law 113–
6 79: Provided, That this appropriation shall be available
7 pursuant to law (7 U.S.C. 2250) for the alteration and re-
8 pair of buildings and improvements, but the cost of altering
9 any one building during the fiscal year shall not exceed 10
10 percent of the current replacement value of the building.
11 Fees may be collected for the cost of standardization
12 activities, as established by regulation pursuant to law (31
13 U.S.C. 9701), except for the cost of activities relating to the
14 development or maintenance of grain standards under the
15 United States Grain Standards Act, 7 U.S.C. 71 et seq.
16 LIMITATION ON ADMINISTRATIVE EXPENSES
17 Not to exceed $61,227,000 (from fees collected) shall be
18 obligated during the current fiscal year for administrative
19 expenses: Provided, That if crop size is understated and/
20 or other uncontrollable events occur, the agency may exceed
21 this limitation by up to 10 percent with notification to the
22 Committees on Appropriations of both Houses of Congress.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
25
1 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND
2 SUPPLY (SECTION 32)
3 (INCLUDING TRANSFERS OF FUNDS)
4 Funds available under section 32 of the Act of August
5 24, 1935 (7 U.S.C. 612c), shall be used only for commodity
6 program expenses as authorized therein, and other related
7 operating expenses, except for: (1) transfers to the Depart-
8 ment of Commerce as authorized by the Fish and Wildlife
9 Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
10 provided in this Act; and (3) not more than $20,705,000
11 for formulation and administration of marketing agree-
12 ments and orders pursuant to the Agricultural Marketing
13 Agreement Act of 1937 and the Agricultural Act of 1961
14 (Public Law 87–128).
15 PAYMENTS TO STATES AND POSSESSIONS
16 For payments to departments of agriculture, bureaus
17 and departments of markets, and similar agencies for mar-
18 keting activities under section 204(b) of the Agricultural
19 Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
20 LIMITATION ON INSPECTION AND WEIGHING SERVICES
21 EXPENSES
22 Not to exceed $55,000,000 (from fees collected) shall be
23 obligated during the current fiscal year for inspection and
24 weighing services: Provided, That if grain export activities
25 require additional supervision and oversight, or other un-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
26
1 controllable factors occur, this limitation may be exceeded
2 by up to 10 percent with notification to the Committees
3 on Appropriations of both Houses of Congress.
4 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY
5 For necessary expenses of the Office of the Under Sec-
6 retary for Food Safety, $809,000: Provided, That funds
7 made available by this Act to an agency in the Food Safety
8 mission area for salaries and expenses are available to fund
9 up to one administrative support staff for the Office.
10 FOOD SAFETY AND INSPECTION SERVICE
11 For necessary expenses to carry out services authorized
12 by the Federal Meat Inspection Act, the Poultry Products
13 Inspection Act, and the Egg Products Inspection Act, in-
14 cluding not to exceed $10,000 for representation allowances
15 and for expenses pursuant to section 8 of the Act approved
16 August 3, 1956 (7 U.S.C. 1766), $1,075,703,000; and in
17 addition, $1,000,000 may be credited to this account from
18 fees collected for the cost of laboratory accreditation as au-
19 thorized by section 1327 of the Food, Agriculture, Conserva-
20 tion and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
21 funds provided for the Public Health Data Communication
22 Infrastructure system shall remain available until ex-
23 pended: Provided further, That no fewer than 148 full-time
24 equivalent positions shall be employed during fiscal year
25 2021 for purposes dedicated solely to inspections and en-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
27
1 forcement related to the Humane Methods of Slaughter Act
2 (7 U.S.C. 1901 et seq.): Provided further, That the Food
3 Safety and Inspection Service shall continue implementa-
4 tion of section 11016 of Public Law 110–246 as further
5 clarified by the amendments made in section 12106 of Pub-
6 lic Law 113–79: Provided further, That this appropriation
7 shall be available pursuant to law (7 U.S.C. 2250) for the
8 alteration and repair of buildings and improvements, but
9 the cost of altering any one building during the fiscal year
10 shall not exceed 10 percent of the current replacement value
11 of the building.
12 TITLE II
13 FARM PRODUCTION AND CONSERVATION
14 PROGRAMS
15 OFFICE OF THE UNDER SECRETARY FOR FARM
16 PRODUCTION AND CONSERVATION
17 For necessary expenses of the Office of the Under Sec-
18 retary for Farm Production and Conservation, $916,000:
19 Provided, That funds made available by this Act to an
20 agency in the Farm Production and Conservation mission
21 area for salaries and expenses are available to fund up to
22 one administrative support staff for the Office.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
28
1 FARM PRODUCTION AND CONSERVATION BUSINESS
2 CENTER
3 SALARIES AND EXPENSES
4 (INCLUDING TRANSFERS OF FUNDS)
5 For necessary expenses of the Farm Production and
6 Conservation Business Center, $231,302,000: Provided,
7 That $60,228,000 of amounts appropriated for the current
8 fiscal year pursuant to section 1241(a) of the Farm Secu-
9 rity and Rural Investment Act of 1985 (16 U.S.C. 3841(a))
10 shall be transferred to and merged with this account.
11 FARM SERVICE AGENCY
12 SALARIES AND EXPENSES
13 (INCLUDING TRANSFERS OF FUNDS)
14 For necessary expenses of the Farm Service Agency,
15 $1,142,924,000, of which not less than $15,000,000 shall be
16 for the hiring of new employees to fill vacancies and antici-
17 pated vacancies at Farm Service Agency county offices and
18 farm loan officers and shall be available until September
19 30, 2022: Provided, That not more than 50 percent of the
20 funding made available under this heading for information
21 technology related to farm program delivery may be obli-
22 gated until the Secretary submits to the Committees on Ap-
23 propriations of both Houses of Congress, and receives writ-
24 ten or electronic notification of receipt from such Commit-
25 tees of, a plan for expenditure that (1) identifies for each
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
29
1 project/investment over $25,000 (a) the functional and per-
2 formance capabilities to be delivered and the mission bene-
3 fits to be realized, (b) the estimated lifecycle cost for the
4 entirety of the project/investment, including estimates for
5 development as well as maintenance and operations, and
6 (c) key milestones to be met; (2) demonstrates that each
7 project/investment is, (a) consistent with the Farm Service
8 Agency Information Technology Roadmap, (b) being man-
9 aged in accordance with applicable lifecycle management
10 policies and guidance, and (c) subject to the applicable De-
11 partment’s capital planning and investment control re-
12 quirements; and (3) has been reviewed by the Government
13 Accountability Office and approved by the Committees on
14 Appropriations of both Houses of Congress: Provided fur-
15 ther, That the agency shall submit a report by the end of
16 the fourth quarter of fiscal year 2021 to the Committees on
17 Appropriations and the Government Accountability Office,
18 that identifies for each project/investment that is oper-
19 ational (a) current performance against key indicators of
20 customer satisfaction, (b) current performance of service
21 level agreements or other technical metrics, (c) current per-
22 formance against a pre-established cost baseline, (d) a de-
23 tailed breakdown of current and planned spending on oper-
24 ational enhancements or upgrades, and (e) an assessment
25 of whether the investment continues to meet business needs
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
30
1 as intended as well as alternatives to the investment: Pro-
2 vided further, That the Secretary is authorized to use the
3 services, facilities, and authorities (but not the funds) of
4 the Commodity Credit Corporation to make program pay-
5 ments for all programs administered by the Agency: Pro-
6 vided further, That other funds made available to the Agen-
7 cy for authorized activities may be advanced to and merged
8 with this account: Provided further, That funds made avail-
9 able to county committees shall remain available until ex-
10 pended: Provided further, That none of the funds available
11 to the Farm Service Agency shall be used to close Farm
12 Service Agency county offices: Provided further, That none
13 of the funds available to the Farm Service Agency shall be
14 used to permanently relocate county based employees that
15 would result in an office with two or fewer employees with-
16 out prior notification and approval of the Committees on
17 Appropriations of both Houses of Congress.
18 STATE MEDIATION GRANTS
19 For grants pursuant to section 502(b) of the Agricul-
20 tural Credit Act of 1987, as amended (7 U.S.C. 5101–5106),
21 $6,914,000.
22 GRASSROOTS SOURCE WATER PROTECTION PROGRAM
23 For necessary expenses to carry out wellhead or
24 groundwater protection activities under section 1240O of
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
31
1 the Food Security Act of 1985 (16 U.S.C. 3839bb–2),
2 $6,500,000, to remain available until expended.
3 DAIRY INDEMNITY PROGRAM
4 (INCLUDING TRANSFER OF FUNDS)
5 For necessary expenses involved in making indemnity
6 payments to dairy farmers and manufacturers of dairy
7 products under a dairy indemnity program, such sums as
8 may be necessary, to remain available until expended: Pro-
9 vided, That such program is carried out by the Secretary
10 in the same manner as the dairy indemnity program de-
11 scribed in the Agriculture, Rural Development, Food and
12 Drug Administration, and Related Agencies Appropria-
13 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A–
14 12).
15 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
16 ACCOUNT
17 (INCLUDING TRANSFERS OF FUNDS)
18 For gross obligations for the principal amount of di-
19 rect and guaranteed farm ownership (7 U.S.C. 1922 et seq.)
20 and operating (7 U.S.C. 1941 et seq.) loans, emergency
21 loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition
22 loans (25 U.S.C. 5136), boll weevil loans (7 U.S.C. 1989),
23 guaranteed conservation loans (7 U.S.C. 1924 et seq.), re-
24 lending program (7 U.S.C. 1936c), and Indian highly
25 fractionated land loans (25 U.S.C. 5136) to be available
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
32
1 from funds in the Agricultural Credit Insurance Fund, as
2 follows: $3,300,000,000 for guaranteed farm ownership
3 loans and $2,500,000,000 for farm ownership direct loans;
4 $2,118,482,000 for unsubsidized guaranteed operating loans
5 and $1,633,333,000 for direct operating loans; emergency
6 loans, $37,668,000; Indian tribe land acquisition loans,
7 $20,000,000; guaranteed conservation loans, $150,000,000;
8 relending program, $33,693,000; Indian highly fractionated
9 land loans, $5,000,000; and for boll weevil eradication pro-
10 gram loans, $60,000,000: Provided, That the Secretary shall
11 deem the pink bollworm to be a boll weevil for the purpose
12 of boll weevil eradication program loans.
13 For the cost of direct and guaranteed loans and grants,
14 including the cost of modifying loans as defined in section
15 502 of the Congressional Budget Act of 1974, as follows:
16 $38,710,000 for direct farm operating loans, $23,727,000
17 for unsubsidized guaranteed farm operating loans, $207,000
18 for emergency loans, $5,000,000 for the relending program,
19 and $742,000 for Indian highly fractionated land loans, to
20 remain available until expended.
21 In addition, for administrative expenses necessary to
22 carry out the direct and guaranteed loan programs,
23 $307,344,000: Provided, That of this amount, $294,114,000
24 shall be transferred to and merged with the appropriation
25 for ‘‘Farm Service Agency, Salaries and Expenses’’.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00032 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
33
1 Funds appropriated by this Act to the Agricultural
2 Credit Insurance Program Account for farm ownership, op-
3 erating and conservation direct loans and guaranteed loans
4 may be transferred among these programs: Provided, That
5 the Committees on Appropriations of both Houses of Con-
6 gress are notified at least 15 days in advance of any trans-
7 fer.
8 RISK MANAGEMENT AGENCY
9 SALARIES AND EXPENSES
10 For necessary expenses of the Risk Management Agen-
11 cy, $60,131,000: Provided, That $1,000,000 of the amount
12 appropriated under this heading in this Act shall be avail-
13 able for compliance and integrity activities required under
14 section 516(b)(2)(C) of the Federal Crop Insurance Act of
15 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to
16 amounts otherwise provided for such purpose: Provided fur-
17 ther, That not to exceed $1,000 shall be available for official
18 reception and representation expenses, as authorized by 7
19 U.S.C. 1506(i).
20 NATURAL RESOURCES CONSERVATION SERVICE
21 CONSERVATION OPERATIONS
22 For necessary expenses for carrying out the provisions
23 of the Act of April 27, 1935 (16 U.S.C. 590a–f), including
24 preparation of conservation plans and establishment of
25 measures to conserve soil and water (including farm irriga-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
34
1 tion and land drainage and such special measures for soil
2 and water management as may be necessary to prevent
3 floods and the siltation of reservoirs and to control agricul-
4 tural related pollutants); operation of conservation plant
5 materials centers; classification and mapping of soil; dis-
6 semination of information; acquisition of lands, water, and
7 interests therein for use in the plant materials program by
8 donation, exchange, or purchase at a nominal cost not to
9 exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
10 2268a); purchase and erection or alteration or improvement
11 of permanent and temporary buildings; and operation and
12 maintenance of aircraft, $832,727,000, to remain available
13 until September 30, 2022: Provided, That appropriations
14 hereunder shall be available pursuant to 7 U.S.C. 2250 for
15 construction and improvement of buildings and public im-
16 provements at plant materials centers, except that the cost
17 of alterations and improvements to other buildings and
18 other public improvements shall not exceed $250,000: Pro-
19 vided further, That when buildings or other structures are
20 erected on non-Federal land, that the right to use such land
21 is obtained as provided in 7 U.S.C. 2250a: Provided fur-
22 ther, That of the amounts made available under this head-
23 ing, $3,000,000 shall remain available until expended for
24 planning and implementation assistance associated with
25 land treatment measures that address flood damage reduc-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
35
1 tion, bank stabilization and erosion control in the water-
2 sheds identified under section 13 of the Flood Control Act
3 of December 22, 1944 (Public Law 78–534).
4 WATERSHED AND FLOOD PREVENTION OPERATIONS
5 For necessary expenses to carry out preventive meas-
6 ures, including but not limited to surveys and investiga-
7 tions, engineering operations, works of improvement, and
8 changes in use of land, in accordance with the Watershed
9 Protection and Flood Prevention Act (16 U.S.C. 1001–1005
10 and 1007–1009) and in accordance with the provisions of
11 laws relating to the activities of the Department,
12 $175,000,000, to remain available until expended: Pro-
13 vided, That for funds provided by this Act or any other
14 prior Act, the limitation regarding the size of the watershed
15 or subwatershed exceeding two hundred and fifty thousand
16 acres in which such activities can be undertaken shall only
17 apply for activities undertaken for the primary purpose of
18 flood prevention (including structural and land treatment
19 measures): Provided further, That of the amounts made
20 available under this heading, $65,000,000 shall be allocated
21 to projects and activities that can commence promptly fol-
22 lowing enactment; that address regional priorities for flood
23 prevention, agricultural water management, inefficient ir-
24 rigation systems, fish and wildlife habitat, or watershed
25 protection; or that address authorized ongoing projects
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
36
1 under the authorities of section 13 of the Flood Control Act
2 of December 22, 1944 (Public Law 78–534) with a primary
3 purpose of watershed protection by preventing floodwater
4 damage and stabilizing stream channels, tributaries, and
5 banks to reduce erosion and sediment transport: Provided
6 further, That of the amounts made available under this
7 heading, $10,000,000 shall remain available until expended
8 for the authorities under 16 U.S.C. 1001–1005 and 1007–
9 1009 for authorized ongoing watershed projects with a pri-
10 mary purpose of providing water to rural communities.
11 WATERSHED REHABILITATION PROGRAM
12 Under the authorities of section 14 of the Watershed
13 Protection and Flood Prevention Act, $10,000,000 is pro-
14 vided.
15 CORPORATIONS
16 The following corporations and agencies are hereby au-
17 thorized to make expenditures, within the limits of funds
18 and borrowing authority available to each such corporation
19 or agency and in accord with law, and to make contracts
20 and commitments without regard to fiscal year limitations
21 as provided by section 104 of the Government Corporation
22 Control Act as may be necessary in carrying out the pro-
23 grams set forth in the budget for the current fiscal year for
24 such corporation or agency, except as hereinafter provided.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
37
1 FEDERAL CROP INSURANCE CORPORATION FUND
2 For payments as authorized by section 516 of the Fed-
3 eral Crop Insurance Act (7 U.S.C. 1516), such sums as may
4 be necessary, to remain available until expended.
5 COMMODITY CREDIT CORPORATION FUND
6 REIMBURSEMENT FOR NET REALIZED LOSSES
7 (INCLUDING TRANSFERS OF FUNDS)
8 For the current fiscal year, such sums as may be nec-
9 essary to reimburse the Commodity Credit Corporation for
10 net realized losses sustained, but not previously reimbursed,
11 pursuant to section 2 of the Act of August 17, 1961 (15
12 U.S.C. 713a–11): Provided, That of the funds available to
13 the Commodity Credit Corporation under section 11 of the
14 Commodity Credit Corporation Charter Act (15 U.S.C.
15 714i) for the conduct of its business with the Foreign Agri-
16 cultural Service, up to $5,000,000 may be transferred to
17 and used by the Foreign Agricultural Service for informa-
18 tion resource management activities of the Foreign Agricul-
19 tural Service that are not related to Commodity Credit Cor-
20 poration business.
21 HAZARDOUS WASTE MANAGEMENT
22 (LIMITATION ON EXPENSES)
23 For the current fiscal year, the Commodity Credit Cor-
24 poration shall not expend more than $15,000,000 for site
25 investigation and cleanup expenses, and operations and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
38
1 maintenance expenses to comply with the requirement of
2 section 107(g) of the Comprehensive Environmental Re-
3 sponse, Compensation, and Liability Act (42 U.S.C.
4 9607(g)), and section 6001 of the Solid Waste Disposal Act
5 (42 U.S.C. 6961).
6 TITLE III
7 RURAL DEVELOPMENT PROGRAMS
8 OFFICE OF THE UNDER SECRETARY FOR RURAL
9 DEVELOPMENT
10 For necessary expenses of the Office of the Under Sec-
11 retary for Rural Development, $812,000: Provided, That
12 funds made available by this Act to an agency in the Rural
13 Development mission area for salaries and expenses are
14 available to fund up to one administrative support staff for
15 the Office.
16 RURAL DEVELOPMENT
17 SALARIES AND EXPENSES
18 (INCLUDING TRANSFERS OF FUNDS)
19 For necessary expenses for carrying out the adminis-
20 tration and implementation of Rural Development pro-
21 grams, including activities with institutions concerning the
22 development and operation of agricultural cooperatives; and
23 for cooperative agreements; $264,024,000: Provided, That
24 notwithstanding any other provision of law, funds appro-
25 priated under this heading may be used for advertising and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00038 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
39
1 promotional activities that support Rural Development
2 programs: Provided further, That in addition to any other
3 funds appropriated for purposes authorized by section
4 502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any
5 amounts collected under such section, as amended by this
6 Act, will immediately be credited to this account and will
7 remain available until expended for such purposes.
8 RURAL HOUSING SERVICE
9 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
10 (INCLUDING TRANSFERS OF FUNDS)
11 For gross obligations for the principal amount of di-
12 rect and guaranteed loans as authorized by title V of the
13 Housing Act of 1949, to be available from funds in the rural
14 housing insurance fund, as follows: $1,000,000,000 shall be
15 for direct loans and $24,000,000,000 shall be for unsub-
16 sidized guaranteed loans; $28,000,000 for section 504 hous-
17 ing repair loans; $40,000,000 for section 515 rental hous-
18 ing; $230,000,000 for section 538 guaranteed multi-family
19 housing loans; $10,000,000 for credit sales of single family
20 housing acquired property; $5,000,000 for section 523 self-
21 help housing land development loans; and $5,000,000 for
22 section 524 site development loans.
23 For the cost of direct and guaranteed loans, including
24 the cost of modifying loans, as defined in section 502 of
25 the Congressional Budget Act of 1974, as follows: section
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
40
1 502 loans, $55,400,000 shall be for direct loans; section 504
2 housing repair loans, $2,215,000; section 523 self-help hous-
3 ing land development loans, $269,000; section 524 site de-
4 velopment loans, $355,000; and repair, rehabilitation, and
5 new construction of section 515 rental housing, $6,688,000:
6 Provided, That to support the loan program level for section
7 538 guaranteed loans made available under this heading
8 the Secretary may charge or adjust any fees to cover the
9 projected cost of such loan guarantees pursuant to the provi-
10 sions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
11 seq.), and the interest on such loans may not be subsidized:
12 Provided further, That applicants in communities that have
13 a current rural area waiver under section 541 of the Hous-
14 ing Act of 1949 (42 U.S.C. 1490q) shall be treated as living
15 in a rural area for purposes of section 502 guaranteed loans
16 provided under this heading: Provided further, That of the
17 amounts available under this paragraph for section 502 di-
18 rect loans, no less than $5,000,000 shall be available for
19 direct loans for individuals whose homes will be built pur-
20 suant to a program funded with a mutual and self-help
21 housing grant authorized by section 523 of the Housing Act
22 of 1949 until June 1, 2021: Provided further, That the Sec-
23 retary shall implement provisions to provide incentives to
24 nonprofit organizations and public housing authorities to
25 facilitate the acquisition of Rural Housing Service (RHS)
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
41
1 multifamily housing properties by such nonprofit organiza-
2 tions and public housing authorities that commit to keep
3 such properties in the RHS multifamily housing program
4 for a period of time as determined by the Secretary, with
5 such incentives to include, but not be limited to, the fol-
6 lowing: allow such nonprofit entities and public housing
7 authorities to earn a Return on Investment on their own
8 resources to include proceeds from low income housing tax
9 credit syndication, own contributions, grants, and developer
10 loans at favorable rates and terms, invested in a deal; and
11 allow reimbursement of organizational costs associated with
12 owner’s oversight of asset referred to as ‘‘Asset Management
13 Fee’’ of up to $7,500 per property.
14 In addition, for the cost of direct loans, grants, and
15 contracts, as authorized by sections 514 and 516 of the
16 Housing Act of 1949 (42 U.S.C. 1484, 1486), $15,093,000,
17 to remain available until expended, for direct farm labor
18 housing loans and domestic farm labor housing grants and
19 contracts: Provided, That any balances available for the
20 Farm Labor Program Account shall be transferred to and
21 merged with this account.
22 In addition, for administrative expenses necessary to
23 carry out the direct and guaranteed loan programs,
24 $412,254,000 shall be transferred to and merged with the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
42
1 appropriation for ‘‘Rural Development, Salaries and Ex-
2 penses’’.
3 RENTAL ASSISTANCE PROGRAM
4 For rental assistance agreements entered into or re-
5 newed pursuant to the authority under section 521(a)(2)
6 of the Housing Act of 1949 or agreements entered into in
7 lieu of debt forgiveness or payments for eligible households
8 as authorized by section 502(c)(5)(D) of the Housing Act
9 of 1949, $1,410,000,000, of which $40,000,000 shall be
10 available until September 30, 2022; and in addition such
11 sums as may be necessary, as authorized by section 521(c)
12 of the Act, to liquidate debt incurred prior to fiscal year
13 1992 to carry out the rental assistance program under sec-
14 tion 521(a)(2) of the Act: Provided, That rental assistance
15 agreements entered into or renewed during the current fiscal
16 year shall be funded for a one-year period: Provided further,
17 That upon request by an owner of a project financed by
18 an existing loan under section 514 or 515 of the Act, the
19 Secretary may renew the rental assistance agreement for
20 a period of 20 years or until the term of such loan has
21 expired, subject to annual appropriations: Provided further,
22 That any unexpended balances remaining at the end of such
23 one-year agreements may be transferred and used for pur-
24 poses of any debt reduction, maintenance, repair, or reha-
25 bilitation of any existing projects; preservation; and rental
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
43
1 assistance activities authorized under title V of the Act: Pro-
2 vided further, That rental assistance provided under agree-
3 ments entered into prior to fiscal year 2021 for a farm labor
4 multi-family housing project financed under section 514 or
5 516 of the Act may not be recaptured for use in another
6 project until such assistance has remained unused for a pe-
7 riod of 12 consecutive months, if such project has a waiting
8 list of tenants seeking such assistance or the project has
9 rental assistance eligible tenants who are not receiving such
10 assistance: Provided further, That such recaptured rental
11 assistance shall, to the extent practicable, be applied to an-
12 other farm labor multi-family housing project financed
13 under section 514 or 516 of the Act: Provided further, That
14 except as provided in the fourth proviso under this heading
15 and notwithstanding any other provision of the Act, the
16 Secretary may recapture rental assistance provided under
17 agreements entered into prior to fiscal year 2021 for a
18 project that the Secretary determines no longer needs rental
19 assistance and use such recaptured funds for current needs.
20 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM
21 ACCOUNT
22 For the rural housing voucher program as authorized
23 under section 542 of the Housing Act of 1949, but notwith-
24 standing subsection (b) of such section, and for additional
25 costs to conduct a demonstration program for the preserva-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
44
1 tion and revitalization of multi-family rental housing prop-
2 erties described in this paragraph, $68,000,000, to remain
3 available until expended: Provided, That of the funds made
4 available under this heading, $40,000,000, shall be avail-
5 able for rural housing vouchers to any low-income household
6 (including those not receiving rental assistance) residing in
7 a property financed with a section 515 loan which has been
8 prepaid after September 30, 2005: Provided further, That
9 the amount of such voucher shall be the difference between
10 comparable market rent for the section 515 unit and the
11 tenant paid rent for such unit: Provided further, That funds
12 made available for such vouchers shall be subject to the
13 availability of annual appropriations: Provided further,
14 That the Secretary shall, to the maximum extent prac-
15 ticable, administer such vouchers with current regulations
16 and administrative guidance applicable to section 8 hous-
17 ing vouchers administered by the Secretary of the Depart-
18 ment of Housing and Urban Development: Provided fur-
19 ther, That if the Secretary determines that the amount
20 made available for vouchers in this or any other Act is not
21 needed for vouchers, the Secretary may use such funds for
22 the demonstration program for the preservation and revital-
23 ization of multi-family rental housing properties described
24 in this paragraph: Provided further, That of the funds made
25 available under this heading, $28,000,000 shall be available
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
45
1 for a demonstration program for the preservation and revi-
2 talization of the sections 514, 515, and 516 multi-family
3 rental housing properties to restructure existing USDA
4 multi-family housing loans, as the Secretary deems appro-
5 priate, expressly for the purposes of ensuring the project has
6 sufficient resources to preserve the project for the purpose
7 of providing safe and affordable housing for low-income
8 residents and farm laborers including reducing or elimi-
9 nating interest; deferring loan payments, subordinating, re-
10 ducing or reamortizing loan debt; and other financial as-
11 sistance including advances, payments and incentives (in-
12 cluding the ability of owners to obtain reasonable returns
13 on investment) required by the Secretary: Provided further,
14 That the Secretary shall as part of the preservation and
15 revitalization agreement obtain a restrictive use agreement
16 consistent with the terms of the restructuring: Provided fur-
17 ther, That if the Secretary determines that additional funds
18 for vouchers described in this paragraph are needed, funds
19 for the preservation and revitalization demonstration pro-
20 gram may be used for such vouchers: Provided further, That
21 if Congress enacts legislation to permanently authorize a
22 multi-family rental housing loan restructuring program
23 similar to the demonstration program described herein, the
24 Secretary may use funds made available for the demonstra-
25 tion program under this heading to carry out such legisla-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
46
1 tion with the prior approval of the Committees on Appro-
2 priations of both Houses of Congress: Provided further, That
3 in addition to any other available funds, the Secretary may
4 expend not more than $1,000,000 total, from the program
5 funds made available under this heading, for administra-
6 tive expenses for activities funded under this heading.
7 MUTUAL AND SELF-HELP HOUSING GRANTS
8 For grants and contracts pursuant to section
9 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c),
10 $31,000,000, to remain available until expended.
11 RURAL HOUSING ASSISTANCE GRANTS
12 For grants for very low-income housing repair and
13 rural housing preservation made by the Rural Housing
14 Service, as authorized by 42 U.S.C. 1474, and 1490m,
15 $45,000,000, to remain available until expended.
16 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
17 (INCLUDING TRANSFERS OF FUNDS)
18 For gross obligations for the principal amount of di-
19 rect and guaranteed loans as authorized by section 306 and
20 described in section 381E(d)(1) of the Consolidated Farm
21 and Rural Development Act, $2,800,000,000 for direct loans
22 and $500,000,000 for guaranteed loans.
23 For the cost of direct loans, loan guarantees and
24 grants, including the cost of modifying loans, as defined
25 in section 502 of the Congressional Budget Act of 1974, for
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
47
1 rural community facilities programs as authorized by sec-
2 tion 306 and described in section 381E(d)(1) of the Consoli-
3 dated Farm and Rural Development Act, $74,000,000, to
4 remain available until expended: Provided, That
5 $6,000,000 of the amount appropriated under this heading
6 shall be available for a Rural Community Development Ini-
7 tiative: Provided further, That such funds shall be used sole-
8 ly to develop the capacity and ability of private, nonprofit
9 community-based housing and community development or-
10 ganizations, low-income rural communities, and Federally
11 Recognized Native American Tribes to undertake projects
12 to improve housing, community facilities, community and
13 economic development projects in rural areas: Provided fur-
14 ther, That such funds shall be made available to qualified
15 private, nonprofit and public intermediary organizations
16 proposing to carry out a program of financial and technical
17 assistance: Provided further, That such intermediary orga-
18 nizations shall provide matching funds from other sources,
19 including Federal funds for related activities, in an amount
20 not less than funds provided: Provided further, That
21 $6,000,000 of the amount appropriated under this heading
22 shall be to provide grants for facilities in rural communities
23 with extreme unemployment and severe economic depression
24 (Public Law 106–387), with up to 5 percent for adminis-
25 tration and capacity building in the State rural develop-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
48
1 ment offices: Provided further, That of the amount appro-
2 priated under this heading, $25,000,000 shall be available
3 to cover the subsidy costs for loans or loan guarantees under
4 this heading: Provided further, That if any such funds re-
5 main unobligated for the subsidy costs after June 30, 2021,
6 the unobligated balance may be transferred to the grant pro-
7 grams funded under this heading: Provided further, That
8 any unobligated balances from prior year appropriations
9 under this heading for the cost of direct loans, loan guaran-
10 tees and grants, including amounts deobligated or cancelled,
11 may be made available to cover the subsidy costs for direct
12 loans and or loan guarantees under this heading in this
13 fiscal year: Provided further, That no amounts may be
14 made available pursuant to the preceding proviso from
15 amounts that were designated by the Congress as an emer-
16 gency requirement pursuant to a Concurrent Resolution on
17 the Budget or the Balanced Budget and Emergency Deficit
18 Control Act of 1985: Provided further, That $5,000,000 of
19 the amount appropriated under this heading shall be avail-
20 able for community facilities grants to tribal colleges, as
21 authorized by section 306(a)(19) of such Act: Provided fur-
22 ther, That sections 381E–H and 381N of the Consolidated
23 Farm and Rural Development Act are not applicable to the
24 funds made available under this heading.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
49
1 RURAL BUSINESS—COOPERATIVE SERVICE
2 RURAL BUSINESS PROGRAM ACCOUNT
3 (INCLUDING TRANSFERS OF FUNDS)
4 For the cost of loan guarantees and grants, for the
5 rural business development programs authorized by section
6 310B and described in subsections (a), (c), (f) and (g) of
7 section 310B of the Consolidated Farm and Rural Develop-
8 ment Act, $56,400,000, to remain available until expended:
9 Provided, That of the amount appropriated under this
10 heading, not to exceed $500,000 shall be made available for
11 one grant to a qualified national organization to provide
12 technical assistance for rural transportation in order to
13 promote economic development and $9,000,000 shall be for
14 grants to the Delta Regional Authority (7 U.S.C. 2009aa
15 et seq.), the Northern Border Regional Commission (40
16 U.S.C. 15101 et seq.), and the Appalachian Regional Com-
17 mission (40 U.S.C. 14101 et seq.) for any Rural Commu-
18 nity Advancement Program purpose as described in section
19 381E(d) of the Consolidated Farm and Rural Development
20 Act, of which not more than 5 percent may be used for ad-
21 ministrative expenses: Provided further, That $4,000,000 of
22 the amount appropriated under this heading shall be for
23 business grants to benefit Federally Recognized Native
24 American Tribes, including $250,000 for a grant to a quali-
25 fied national organization to provide technical assistance
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
50
1 for rural transportation in order to promote economic de-
2 velopment: Provided further, That of the amount appro-
3 priated under this heading, not to exceed $2,000,000 shall
4 be for Rural Business Development Grants in rural coastal
5 communities, with priority given to National Scenic Areas
6 that were devastated by wildfires that are in need of eco-
7 nomic development assistance, to support innovation and
8 job growth: Provided further, That sections 381E–H and
9 381N of the Consolidated Farm and Rural Development Act
10 are not applicable to funds made available under this head-
11 ing.
12 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
13 (INCLUDING TRANSFER OF FUNDS)
14 For the principal amount of direct loans, as authorized
15 by the Intermediary Relending Program Fund Account (7
16 U.S.C. 1936b), $18,889,000.
17 For the cost of direct loans, $2,939,000, as authorized
18 by the Intermediary Relending Program Fund Account (7
19 U.S.C. 1936b), of which $557,000 shall be available through
20 June 30, 2021, for Federally Recognized Native American
21 Tribes; and of which $1,072,000 shall be available through
22 June 30, 2021, for Mississippi Delta Region counties (as
23 determined in accordance with Public Law 100–460): Pro-
24 vided, That such costs, including the cost of modifying such
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
51
1 loans, shall be as defined in section 502 of the Congressional
2 Budget Act of 1974.
3 In addition, for administrative expenses to carry out
4 the direct loan programs, $4,468,000 shall be transferred
5 to and merged with the appropriation for ‘‘Rural Develop-
6 ment, Salaries and Expenses’’.
7 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM
8 ACCOUNT
9 For the principal amount of direct loans, as authorized
10 under section 313B(a) of the Rural Electrification Act, for
11 the purpose of promoting rural economic development and
12 job creation projects, $50,000,000.
13 The cost of grants authorized under section 313B(a)
14 of the Rural Electrification Act, for the purpose of pro-
15 moting rural economic development and job creation
16 projects shall not exceed $10,000,000.
17 RURAL COOPERATIVE DEVELOPMENT GRANTS
18 For rural cooperative development grants authorized
19 under section 310B(e) of the Consolidated Farm and Rural
20 Development Act (7 U.S.C. 1932), $26,600,000, of which
21 $2,800,000 shall be for cooperative agreements for the ap-
22 propriate technology transfer for rural areas program: Pro-
23 vided, That not to exceed $3,000,000 shall be for grants for
24 cooperative development centers, individual cooperatives, or
25 groups of cooperatives that serve socially disadvantaged
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
52
1 groups and a majority of the boards of directors or gov-
2 erning boards of which are comprised of individuals who
3 are members of socially disadvantaged groups; and of which
4 $15,000,000, to remain available until expended, shall be
5 for value-added agricultural product market development
6 grants, as authorized by section 210A of the Agricultural
7 Marketing Act of 1946, of which $3,000,000, to remain
8 available until expended, shall be for Agriculture Innova-
9 tion Centers authorized pursuant to section 6402 of Public
10 Law 107–171.
11 RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM
12 For the cost of loans and grants, $6,000,000 under the
13 same terms and conditions as authorized by section 379E
14 of the Consolidated Farm and Rural Development Act (7
15 U.S.C. 2008s): Provided, That such costs of loans, including
16 the cost of modifying such loans, shall be defined in section
17 502 of the Congressional Budget Act of 1974.
18 RURAL ENERGY FOR AMERICA PROGRAM
19 For the cost of a program of loan guarantees, under
20 the same terms and conditions as authorized by section
21 9007 of the Farm Security and Rural Investment Act of
22 2002 (7 U.S.C. 8107), $392,000: Provided, That the cost
23 of loan guarantees, including the cost of modifying such
24 loans, shall be as defined in section 502 of the Congressional
25 Budget Act of 1974.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
53
1 RURAL UTILITIES SERVICE
2 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
3 (INCLUDING TRANSFERS OF FUNDS)
4 For gross obligations for the principal amount of di-
5 rect and guaranteed loans as authorized by section 306 and
6 described in section 381E(d)(2) of the Consolidated Farm
7 and Rural Development Act, as follows: $1,400,000,000 for
8 direct loans; and $50,000,000 for guaranteed loans.
9 For the cost of loan guarantees and grants, including
10 the cost of modifying loans, as defined in section 502 of
11 the Congressional Budget Act of 1974, for rural water,
12 waste water, waste disposal, and solid waste management
13 programs authorized by sections 306, 306A, 306C, 306D,
14 306E, and 310B and described in sections 306C(a)(2),
15 306D, 306E, and 381E(d)(2) of the Consolidated Farm and
16 Rural Development Act, $621,567,000, to remain available
17 until expended, of which not to exceed $1,000,000 shall be
18 available for the rural utilities program described in section
19 306(a)(2)(B) of such Act, and of which not to exceed
20 $5,000,000 shall be available for the rural utilities program
21 described in section 306E of such Act: Provided, That not
22 to exceed $15,000,000 of the amount appropriated under
23 this heading shall be for grants authorized by section
24 306A(i)(2) of the Consolidated Farm and Rural Develop-
25 ment Act in addition to funding authorized by section
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00053 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
54
1 306A(i)(1) of such Act: Provided further, That $68,000,000
2 of the amount appropriated under this heading shall be for
3 loans and grants including water and waste disposal sys-
4 tems grants authorized by section 306C(a)(2)(B) and sec-
5 tion 306D of the Consolidated Farm and Rural Develop-
6 ment Act, and Federally Recognized Native American
7 Tribes authorized by 306C(a)(1) of such Act: Provided fur-
8 ther, That funding provided for section 306D of the Consoli-
9 dated Farm and Rural Development Act may be provided
10 to a consortium formed pursuant to section 325 of Public
11 Law 105–83: Provided further, That not more than 2 per-
12 cent of the funding provided for section 306D of the Consoli-
13 dated Farm and Rural Development Act may be used by
14 the State of Alaska for training and technical assistance
15 programs and not more than 2 percent of the funding pro-
16 vided for section 306D of the Consolidated Farm and Rural
17 Development Act may be used by a consortium formed pur-
18 suant to section 325 of Public Law 105–83 for training and
19 technical assistance programs: Provided further, That not
20 to exceed $35,000,000 of the amount appropriated under
21 this heading shall be for technical assistance grants for
22 rural water and waste systems pursuant to section
23 306(a)(14) of such Act, unless the Secretary makes a deter-
24 mination of extreme need, of which $8,000,000 shall be
25 made available for a grant to a qualified nonprofit multi-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00054 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
55
1 State regional technical assistance organization, with expe-
2 rience in working with small communities on water and
3 waste water problems, the principal purpose of such grant
4 shall be to assist rural communities with populations of
5 3,300 or less, in improving the planning, financing, devel-
6 opment, operation, and management of water and waste
7 water systems, and of which not less than $800,000 shall
8 be for a qualified national Native American organization
9 to provide technical assistance for rural water systems for
10 tribal communities: Provided further, That not to exceed
11 $20,157,000 of the amount appropriated under this heading
12 shall be for contracting with qualified national organiza-
13 tions for a circuit rider program to provide technical assist-
14 ance for rural water systems: Provided further, That not
15 to exceed $4,000,000 of the amounts made available under
16 this heading shall be for solid waste management grants:
17 Provided further, That $10,000,000 of the amount appro-
18 priated under this heading shall be transferred to, and
19 merged with, the Rural Utilities Service, High Energy Cost
20 Grants Account to provide grants authorized under section
21 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a):
22 Provided further, That any prior year balances for high-
23 energy cost grants authorized by section 19 of the Rural
24 Electrification Act of 1936 (7 U.S.C. 918a) shall be trans-
25 ferred to and merged with the Rural Utilities Service, High
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
56
1 Energy Cost Grants Account: Provided further, That sec-
2 tions 381E–H and 381N of the Consolidated Farm and
3 Rural Development Act are not applicable to the funds
4 made available under this heading.
5 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS
6 LOANS PROGRAM ACCOUNT
7 (INCLUDING TRANSFER OF FUNDS)
8 The principal amount of direct and guaranteed loans
9 as authorized by sections 305, 306, and 317 of the Rural
10 Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g)
11 shall be made as follows: loans made pursuant to sections
12 305, 306, and 317, notwithstanding 317(c), of that Act,
13 rural electric, $5,500,000,000; guaranteed underwriting
14 loans pursuant to section 313A of that Act, $750,000,000;
15 5 percent rural telecommunications loans, cost of money
16 rural telecommunications loans, and for loans made pursu-
17 ant to section 306 of that Act, rural telecommunications
18 loans, $690,000,000: Provided, That up to $2,000,000,000
19 shall be used for the construction, acquisition, design and
20 engineering or improvement of fossil-fueled electric gener-
21 ating plants (whether new or existing) that utilize carbon
22 subsurface utilization and storage systems.
23 For the cost of direct loans as authorized by section
24 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935),
25 including the cost of modifying loans, as defined in section
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
57
1 502 of the Congressional Budget Act of 1974, cost of money
2 rural telecommunications loans, $2,277,000.
3 In addition, for administrative expenses necessary to
4 carry out the direct and guaranteed loan programs,
5 $33,270,000, which shall be transferred to and merged with
6 the appropriation for ‘‘Rural Development, Salaries and
7 Expenses’’.
8 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND
9 PROGRAM
10 For the principal amount of broadband telecommuni-
11 cation loans, $11,869,000.
12 For grants for telemedicine and distance learning serv-
13 ices in rural areas, as authorized by 7 U.S.C. 950aaa et
14 seq., $60,000,000, to remain available until expended: Pro-
15 vided, That $3,000,000 shall be made available for grants
16 authorized by section 379G of the Consolidated Farm and
17 Rural Development Act: Provided further, That funding
18 provided under this heading for grants under section 379G
19 of the Consolidated Farm and Rural Development Act may
20 only be provided to entities that meet all of the eligibility
21 criteria for a consortium as established by this section.
22 For the cost of broadband loans, as authorized by sec-
23 tion 601 of the Rural Electrification Act, $2,000,000, to re-
24 main available until expended: Provided, That the cost of
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00057 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
58
1 direct loans shall be as defined in section 502 of the Con-
2 gressional Budget Act of 1974.
3 In addition, $35,000,000, to remain available until ex-
4 pended, for the Community Connect Grant Program au-
5 thorized by 7 U.S.C. 950bb–3.
6 TITLE IV
7 DOMESTIC FOOD PROGRAMS
8 OFFICE OF THE UNDER SECRETARY FOR FOOD,
9 NUTRITION, AND CONSUMER SERVICES
10 For necessary expenses of the Office of the Under Sec-
11 retary for Food, Nutrition, and Consumer Services,
12 $809,000: Provided, That funds made available by this Act
13 to an agency in the Food, Nutrition and Consumer Services
14 mission area for salaries and expenses are available to fund
15 up to one administrative support staff for the Office.
16 FOOD AND NUTRITION SERVICE
17 CHILD NUTRITION PROGRAMS
18 (INCLUDING TRANSFERS OF FUNDS)
19 For necessary expenses to carry out the Richard B.
20 Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
21 except section 21, and the Child Nutrition Act of 1966 (42
22 U.S.C. 1771 et seq.), except sections 17 and 21;
23 $25,118,440,000 to remain available through September 30,
24 2022, of which such sums as are made available under sec-
25 tion 14222(b)(1) of the Food, Conservation, and Energy Act
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00058 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
59
1 of 2008 (Public Law 110–246), as amended by this Act,
2 shall be merged with and available for the same time period
3 and purposes as provided herein: Provided, That of the total
4 amount available, $18,004,000 shall be available to carry
5 out section 19 of the Child Nutrition Act of 1966 (42 U.S.C.
6 1771 et seq.): Provided further, That of the total amount
7 available, $15,299,000 shall be available to carry out stud-
8 ies and evaluations and shall remain available until ex-
9 pended: Provided further, That of the total amount avail-
10 able, $30,000,000 shall be available to provide competitive
11 grants to State agencies for subgrants to local educational
12 agencies and schools to purchase the equipment, with a
13 value of greater than $1,000, needed to serve healthier
14 meals, improve food safety, and to help support the estab-
15 lishment, maintenance, or expansion of the school breakfast
16 program: Provided further, That of the total amount avail-
17 able, $42,000,000 shall remain available until expended to
18 carry out section 749(g) of the Agriculture Appropriations
19 Act of 2010 (Public Law 111–80): Provided further, That
20 section 26(d) of the Richard B. Russell National School
21 Lunch Act (42 U.S.C. 1769g(d)) is amended in the first
22 sentence by striking ‘‘2010 through 2021’’ and inserting
23 ‘‘2010 through 2022’’: Provided further, That section
24 9(h)(3) of the Richard B. Russell National School Lunch
25 Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
60
1 by striking ‘‘For fiscal year 2020’’ and inserting ‘‘For fiscal
2 year 2021’’: Provided further, That section 9(h)(4) of the
3 Richard B. Russell National School Lunch Act (42 U.S.C.
4 1758(h)(4)) is amended in the first sentence by striking
5 ‘‘For fiscal year 2020’’ and inserting ‘‘For fiscal year
6 2021’’.
7 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
8 WOMEN, INFANTS, AND CHILDREN (WIC)
9 For necessary expenses to carry out the special supple-
10 mental nutrition program as authorized by section 17 of
11 the Child Nutrition Act of 1966 (42 U.S.C. 1786),
12 $6,000,000,000, to remain available through September 30,
13 2022: Provided, That notwithstanding section 17(h)(10) of
14 the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)),
15 not less than $90,000,000 shall be used for breastfeeding
16 peer counselors and other related activities, and
17 $14,000,000 shall be used for infrastructure: Provided fur-
18 ther, That none of the funds provided in this account shall
19 be available for the purchase of infant formula except in
20 accordance with the cost containment and competitive bid-
21 ding requirements specified in section 17 of such Act: Pro-
22 vided further, That none of the funds provided shall be
23 available for activities that are not fully reimbursed by
24 other Federal Government departments or agencies unless
25 authorized by section 17 of such Act: Provided further, That
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00060 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
61
1 upon termination of a federally mandated vendor morato-
2 rium and subject to terms and conditions established by the
3 Secretary, the Secretary may waive the requirement at 7
4 CFR 246.12(g)(6) at the request of a State agency.
5 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
6 For necessary expenses to carry out the Food and Nu-
7 trition Act of 2008 (7 U.S.C. 2011 et seq.),
8 $114,035,578,000, of which $3,000,000,000, to remain
9 available through September 30, 2023, shall be placed in
10 reserve for use only in such amounts and at such times as
11 may become necessary to carry out program operations:
12 Provided, That funds provided herein shall be expended in
13 accordance with section 16 of the Food and Nutrition Act
14 of 2008: Provided further, That of the funds made available
15 under this heading, $998,000 may be used to provide nutri-
16 tion education services to State agencies and Federally Rec-
17 ognized Tribes participating in the Food Distribution Pro-
18 gram on Indian Reservations: Provided further, That this
19 appropriation shall be subject to any work registration or
20 workfare requirements as may be required by law: Provided
21 further, That funds made available for Employment and
22 Training under this heading shall remain available through
23 September 30, 2022: Provided further, That funds made
24 available under this heading for section 28(d)(1), section
25 4(b), and section 27(a) of the Food and Nutrition Act of
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00061 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
62
1 2008 shall remain available through September 30, 2022:
2 Provided further, That with respect to funds made available
3 under this heading for section 28(d)(1), the Secretary shall
4 use 2 percent for administration, training and technical as-
5 sistance, and pilot projects under section 28: Provided fur-
6 ther, That none of the funds made available under this
7 heading may be obligated or expended in contravention of
8 section 213A of the Immigration and Nationality Act (8
9 U.S.C. 1183A): Provided further, That funds made avail-
10 able under this heading may be used to enter into contracts
11 and employ staff to conduct studies, evaluations, or to con-
12 duct activities related to program integrity provided that
13 such activities are authorized by the Food and Nutrition
14 Act of 2008.
15 COMMODITY ASSISTANCE PROGRAM
16 For necessary expenses to carry out disaster assistance
17 and the Commodity Supplemental Food Program as au-
18 thorized by section 4(a) of the Agriculture and Consumer
19 Protection Act of 1973 (7 U.S.C. 612c note); the Emergency
20 Food Assistance Act of 1983; special assistance for the nu-
21 clear affected islands, as authorized by section 103(f)(2) of
22 the Compact of Free Association Amendments Act of 2003
23 (Public Law 108–188); and the Farmers’ Market Nutrition
24 Program, as authorized by section 17(m) of the Child Nutri-
25 tion Act of 1966, $426,700,000, to remain available through
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
63
1 September 30, 2022: Provided, That none of these funds
2 shall be available to reimburse the Commodity Credit Cor-
3 poration for commodities donated to the program: Provided
4 further, That notwithstanding any other provision of law,
5 effective with funds made available in fiscal year 2021 to
6 support the Seniors Farmers’ Market Nutrition Program,
7 as authorized by section 4402 of the Farm Security and
8 Rural Investment Act of 2002, such funds shall remain
9 available through September 30, 2022: Provided further,
10 That of the funds made available under section 27(a) of
11 the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)),
12 the Secretary may use up to 20 percent for costs associated
13 with the distribution of commodities.
14 NUTRITION PROGRAMS ADMINISTRATION
15 For necessary administrative expenses of the Food and
16 Nutrition Service for carrying out any domestic nutrition
17 assistance program, $156,805,000: Provided, That of the
18 funds provided herein, $2,000,000 shall be used for the pur-
19 poses of section 4404 of Public Law 107–171, as amended
20 by section 4401 of Public Law 110–246.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00063 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
64
1 TITLE V
2 FOREIGN ASSISTANCE AND RELATED PROGRAMS
3 OFFICE OF THE UNDER SECRETARY FOR TRADE AND
4 FOREIGN AGRICULTURAL AFFAIRS
5 For necessary expenses of the Office of the Under Sec-
6 retary for Trade and Foreign Agricultural Affairs,
7 $887,000: Provided, That funds made available by this Act
8 to any agency in the Trade and Foreign Agricultural Af-
9 fairs mission area for salaries and expenses are available
10 to fund up to one administrative support staff for the Office.
11 OFFICE OF CODEX ALIMENTARIUS
12 For necessary expenses of the Office of Codex
13 Alimentarius, $4,805,000, including not to exceed $40,000
14 for official reception and representation expenses.
15 FOREIGN AGRICULTURAL SERVICE
16 SALARIES AND EXPENSES
17 (INCLUDING TRANSFERS OF FUNDS)
18 For necessary expenses of the Foreign Agricultural
19 Service, including not to exceed $250,000 for representation
20 allowances and for expenses pursuant to section 8 of the
21 Act approved August 3, 1956 (7 U.S.C. 1766),
22 $221,835,000, of which no more than 6 percent shall remain
23 available until September 30, 2022, for overseas operations
24 to include the payment of locally employed staff: Provided,
25 That the Service may utilize advances of funds, or reim-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00064 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
65
1 burse this appropriation for expenditures made on behalf
2 of Federal agencies, public and private organizations and
3 institutions under agreements executed pursuant to the ag-
4 ricultural food production assistance programs (7 U.S.C.
5 1737) and the foreign assistance programs of the United
6 States Agency for International Development: Provided fur-
7 ther, That funds made available for middle-income country
8 training programs, funds made available for the Borlaug
9 International Agricultural Science and Technology Fellow-
10 ship program, and up to $2,000,000 of the Foreign Agricul-
11 tural Service appropriation solely for the purpose of offset-
12 ting fluctuations in international currency exchange rates,
13 subject to documentation by the Foreign Agricultural Serv-
14 ice, shall remain available until expended.
15 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR
16 PROGRESS PROGRAM ACCOUNT
17 (INCLUDING TRANSFER OF FUNDS)
18 For administrative expenses to carry out the credit
19 program of title I, Food for Peace Act (Public Law 83–
20 480) and the Food for Progress Act of 1985, $112,000, shall
21 be transferred to and merged with the appropriation for
22 ‘‘Farm Production and Conservation Business Center, Sal-
23 aries and Expenses’’.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
66
1 FOOD FOR PEACE TITLE II GRANTS
2 For expenses during the current fiscal year, not other-
3 wise recoverable, and unrecovered prior years’ costs, includ-
4 ing interest thereon, under the Food for Peace Act (Public
5 Law 83–480), for commodities supplied in connection with
6 dispositions abroad under title II of said Act,
7 $1,740,000,000, to remain available until expended.
8 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION
9 AND CHILD NUTRITION PROGRAM GRANTS
10 For necessary expenses to carry out the provisions of
11 section 3107 of the Farm Security and Rural Investment
12 Act of 2002 (7 U.S.C. 1736o–1), $230,000,000, to remain
13 available until expended: Provided, That the Commodity
14 Credit Corporation is authorized to provide the services, fa-
15 cilities, and authorities for the purpose of implementing
16 such section, subject to reimbursement from amounts pro-
17 vided herein: Provided further, That of the amount made
18 available under this heading, not more than 10 percent, but
19 not less than $23,000,000, shall remain available until ex-
20 pended to purchase agricultural commodities as described
21 in subsection 3107(a)(2) of the Farm Security and Rural
22 Investment Act of 2002 (7 U.S.C. 1736o–1(a)(2)).
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
67
1 COMMODITY CREDIT CORPORATION EXPORT (LOANS)
2 CREDIT GUARANTEE PROGRAM ACCOUNT
3 (INCLUDING TRANSFERS OF FUNDS)
4 For administrative expenses to carry out the Com-
5 modity Credit Corporation’s Export Guarantee Program,
6 GSM 102 and GSM 103, $6,381,000, to cover common over-
7 head expenses as permitted by section 11 of the Commodity
8 Credit Corporation Charter Act and in conformity with the
9 Federal Credit Reform Act of 1990, of which $6,063,000
10 shall be transferred to and merged with the appropriation
11 for ‘‘Foreign Agricultural Service, Salaries and Expenses’’,
12 and of which $318,000 shall be transferred to and merged
13 with the appropriation for ‘‘Farm Production and Con-
14 servation Business Center, Salaries and Expenses’’.
15 TITLE VI
16 RELATED AGENCY AND FOOD AND DRUG
17 ADMINISTRATION
18 DEPARTMENT OF HEALTH AND HUMAN SERVICES
19 FOOD AND DRUG ADMINISTRATION
20 SALARIES AND EXPENSES
21 (INCLUDING TRANSFERS OF FUNDS)
22 For necessary expenses of the Food and Drug Adminis-
23 tration, including hire and purchase of passenger motor ve-
24 hicles; for payment of space rental and related costs pursu-
25 ant to Public Law 92–313 for programs and activities of
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00067 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
68
1 the Food and Drug Administration which are included in
2 this Act; for rental of special purpose space in the District
3 of Columbia or elsewhere; in addition to amounts appro-
4 priated to the FDA Innovation Account, for carrying out
5 the activities described in section 1002(b)(4) of the 21st
6 Century Cures Act (Public Law 114–255); for miscellaneous
7 and emergency expenses of enforcement activities, author-
8 ized and approved by the Secretary and to be accounted
9 for solely on the Secretary’s certificate, not to exceed
10 $25,000; and notwithstanding section 521 of Public Law
11 107–188; $5,876,025,000: Provided, That of the amount
12 provided under this heading, $1,107,199,000 shall be de-
13 rived from prescription drug user fees authorized by 21
14 U.S.C. 379h, and shall be credited to this account and re-
15 main available until expended; $236,059,000 shall be de-
16 rived from medical device user fees authorized by 21 U.S.C.
17 379j, and shall be credited to this account and remain
18 available until expended; $520,208,000 shall be derived
19 from human generic drug user fees authorized by 21 U.S.C.
20 379j–42, and shall be credited to this account and remain
21 available until expended; $42,494,000 shall be derived from
22 biosimilar biological product user fees authorized by 21
23 U.S.C. 379j–52, and shall be credited to this account and
24 remain available until expended; $33,340,000 shall be de-
25 rived from animal drug user fees authorized by 21 U.S.C.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
69
1 379j–12, and shall be credited to this account and remain
2 available until expended; $22,797,000 shall be derived from
3 generic new animal drug user fees authorized by 21 U.S.C.
4 379j–21, and shall be credited to this account and remain
5 available until expended; $712,000,000 shall be derived
6 from tobacco product user fees authorized by 21 U.S.C.
7 387s, and shall be credited to this account and remain
8 available until expended: Provided further, That in addi-
9 tion to and notwithstanding any other provision under this
10 heading, amounts collected for prescription drug user fees,
11 medical device user fees, human generic drug user fees, bio-
12 similar biological product user fees, animal drug user fees,
13 and generic new animal drug user fees that exceed the re-
14 spective fiscal year 2021 limitations are appropriated and
15 shall be credited to this account and remain available until
16 expended: Provided further, That fees derived from prescrip-
17 tion drug, medical device, human generic drug, biosimilar
18 biological product, animal drug, and generic new animal
19 drug assessments for fiscal year 2021, including any such
20 fees collected prior to fiscal year 2021 but credited for fiscal
21 year 2021, shall be subject to the fiscal year 2021 limita-
22 tions: Provided further, That the Secretary may accept pay-
23 ment during fiscal year 2021 of user fees specified under
24 this heading and authorized for fiscal year 2022, prior to
25 the due date for such fees, and that amounts of such fees
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00069 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
70
1 assessed for fiscal year 2022 for which the Secretary accepts
2 payment in fiscal year 2021 shall not be included in
3 amounts under this heading: Provided further, That none
4 of these funds shall be used to develop, establish, or operate
5 any program of user fees authorized by 31 U.S.C. 9701:
6 Provided further, That of the total amount appropriated:
7 (1) $1,099,160,000 shall be for the Center for Food Safety
8 and Applied Nutrition and related field activities in the
9 Office of Regulatory Affairs, of which no less than
10 $15,000,000 shall be used for inspections of foreign seafood
11 manufacturers and field examinations of imported seafood;
12 (2) $1,996,126,000 shall be for the Center for Drug Evalua-
13 tion and Research and related field activities in the Office
14 of Regulatory Affairs; (3) $437,071,000 shall be for the Cen-
15 ter for Biologics Evaluation and Research and for related
16 field activities in the Office of Regulatory Affairs; (4)
17 $244,350,000 shall be for the Center for Veterinary Medicine
18 and for related field activities in the Office of Regulatory
19 Affairs; (5) $609,121,000 shall be for the Center for Devices
20 and Radiological Health and for related field activities in
21 the Office of Regulatory Affairs; (6) $66,712,000 shall be
22 for the National Center for Toxicological Research; (7)
23 $681,513,000 shall be for the Center for Tobacco Products
24 and for related field activities in the Office of Regulatory
25 Affairs; (8) $188,707,000 shall be for Rent and Related ac-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00070 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
71
1 tivities, of which $52,944,000 is for White Oak Consolida-
2 tion, other than the amounts paid to the General Services
3 Administration for rent; (9) $235,112,000 shall be for pay-
4 ments to the General Services Administration for rent; and
5 (10) $318,153,000 shall be for other activities, including the
6 Office of the Commissioner of Food and Drugs, the Office
7 of Food Policy and Response, the Office of Operations, the
8 Office of the Chief Scientist, and central services for these
9 offices: Provided further, That not to exceed $25,000 of this
10 amount shall be for official reception and representation ex-
11 penses, not otherwise provided for, as determined by the
12 Commissioner: Provided further, That any transfer of funds
13 pursuant to section 770(n) of the Federal Food, Drug, and
14 Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
15 amounts made available under this heading for other activi-
16 ties: Provided further, That of the amounts that are made
17 available under this heading for ‘‘other activities’’, and that
18 are not derived from user fees, $1,500,000 shall be trans-
19 ferred to and merged with the appropriation for ‘‘Depart-
20 ment of Health and Human Services—Office of Inspector
21 General’’ for oversight of the programs and operations of
22 the Food and Drug Administration and shall be in addition
23 to funds otherwise made available for oversight of the Food
24 and Drug Administration: Provided further, That funds
25 may be transferred from one specified activity to another
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
72
1 with the prior approval of the Committees on Appropria-
2 tions of both Houses of Congress.
3 In addition, mammography user fees authorized by 42
4 U.S.C. 263b, export certification user fees authorized by 21
5 U.S.C. 381, priority review user fees authorized by 21
6 U.S.C. 360n and 360ff, food and feed recall fees, food rein-
7 spection fees, and voluntary qualified importer program
8 fees authorized by 21 U.S.C. 379j–31, outsourcing facility
9 fees authorized by 21 U.S.C. 379j–62, prescription drug
10 wholesale distributor licensing and inspection fees author-
11 ized by 21 U.S.C. 353(e)(3), third-party logistics provider
12 licensing and inspection fees authorized by 21 U.S.C.
13 360eee–3(c)(1), third-party auditor fees authorized by 21
14 U.S.C. 384d(c)(8), medical countermeasure priority review
15 voucher user fees authorized by 21 U.S.C. 360bbb–4a, and
16 fees relating to over-the-counter monograph drugs author-
17 ized by 21 U.S.C. 379j–72 shall be credited to this account,
18 to remain available until expended.
19 BUILDINGS AND FACILITIES
20 For plans, construction, repair, improvement, exten-
21 sion, alteration, demolition, and purchase of fixed equip-
22 ment or facilities of or used by the Food and Drug Adminis-
23 tration, where not otherwise provided, $12,788,000, to re-
24 main available until expended.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
73
1 FDA INNOVATION ACCOUNT, CURES ACT
2 (INCLUDING TRANSFER OF FUNDS)
3 For necessary expenses to carry out the purposes de-
4 scribed under section 1002(b)(4) of the 21st Century Cures
5 Act, in addition to amounts available for such purposes
6 under the heading ‘‘Salaries and Expenses’’, $70,000,000,
7 to remain available until expended: Provided, That
8 amounts appropriated in this paragraph are appropriated
9 pursuant to section 1002(b)(3) of the 21st Century Cures
10 Act, are to be derived from amounts transferred under sec-
11 tion 1002(b)(2)(A) of such Act, and may be transferred by
12 the Commissioner of Food and Drugs to the appropriation
13 for ‘‘Department of Health and Human Services Food and
14 Drug Administration Salaries and Expenses’’ solely for the
15 purposes provided in such Act: Provided further, That upon
16 a determination by the Commissioner that funds trans-
17 ferred pursuant to the previous proviso are not necessary
18 for the purposes provided, such amounts may be transferred
19 back to the account: Provided further, That such transfer
20 authority is in addition to any other transfer authority
21 provided by law.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
74
1 INDEPENDENT AGENCY
2 FARM CREDIT ADMINISTRATION
3 LIMITATION ON ADMINISTRATIVE EXPENSES
4 Not to exceed $80,400,000 (from assessments collected
5 from farm credit institutions, including the Federal Agri-
6 cultural Mortgage Corporation) shall be obligated during
7 the current fiscal year for administrative expenses as au-
8 thorized under 12 U.S.C. 2249: Provided, That this limita-
9 tion shall not apply to expenses associated with receiver-
10 ships: Provided further, That the agency may exceed this
11 limitation by up to 10 percent with notification to the Com-
12 mittees on Appropriations of both Houses of Congress: Pro-
13 vided further, That the purposes of section 3.7(b)(2)(A)(i)
14 of the Farm Credit Act of 1971 (12 U.S.C.
15 2128(b)(2)(A)(i)), the Farm Credit Administration may ex-
16 empt, an amount in its sole discretion, from the application
17 of the limitation provided in that clause of export loans
18 described in the clause guaranteed or insured in a manner
19 other than described in subclause (II) of the clause.
20 TITLE VII
21 GENERAL PROVISIONS
22 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
23 SEC. 701. The Secretary may use any appropriations
24 made available to the Department of Agriculture in this
25 Act to purchase new passenger motor vehicles, in addition
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
75
1 to specific appropriations for this purpose, so long as the
2 total number of vehicles purchased in fiscal year 2021 does
3 not exceed the number of vehicles owned or leased in fiscal
4 year 2018: Provided, That, prior to purchasing additional
5 motor vehicles, the Secretary must determine that such vehi-
6 cles are necessary for transportation safety, to reduce oper-
7 ational costs, and for the protection of life, property, and
8 public safety: Provided further, That the Secretary may not
9 increase the Department of Agriculture’s fleet above the
10 2018 level unless the Secretary notifies in writing, and re-
11 ceives approval from, the Committees on Appropriations of
12 both Houses of Congress within 30 days of the notification.
13 SEC. 702. Notwithstanding any other provision of this
14 Act, the Secretary of Agriculture may transfer unobligated
15 balances of discretionary funds appropriated by this Act
16 or any other available unobligated discretionary balances
17 that are remaining available of the Department of Agri-
18 culture to the Working Capital Fund for the acquisition of
19 plant and capital equipment necessary for the delivery of
20 financial, administrative, and information technology serv-
21 ices of primary benefit to the agencies of the Department
22 of Agriculture, such transferred funds to remain available
23 until expended: Provided, That none of the funds made
24 available by this Act or any other Act shall be transferred
25 to the Working Capital Fund without the prior approval
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
76
1 of the agency administrator: Provided further, That none
2 of the funds transferred to the Working Capital Fund pur-
3 suant to this section shall be available for obligation with-
4 out written notification to and the prior approval of the
5 Committees on Appropriations of both Houses of Congress:
6 Provided further, That none of the funds appropriated by
7 this Act or made available to the Department’s Working
8 Capital Fund shall be available for obligation or expendi-
9 ture to make any changes to the Department’s National Fi-
10 nance Center without written notification to and prior ap-
11 proval of the Committees on Appropriations of both Houses
12 of Congress as required by section 716 of this Act: Provided
13 further, That none of the funds appropriated by this Act
14 or made available to the Department’s Working Capital
15 Fund shall be available for obligation or expenditure to ini-
16 tiate, plan, develop, implement, or make any changes to re-
17 move or relocate any systems, missions, personnel, or func-
18 tions of the offices of the Chief Financial Officer and the
19 Chief Information Officer, co-located with or from the Na-
20 tional Finance Center prior to written notification to and
21 prior approval of the Committee on Appropriations of both
22 Houses of Congress and in accordance with the require-
23 ments of section 716 of this Act: Provided further, That the
24 National Finance Center Information Technology Services
25 Division personnel and data center management respon-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
77
1 sibilities, and control of any functions, missions, and sys-
2 tems for current and future human resources management
3 and integrated personnel and payroll systems (PPS) and
4 functions provided by the Chief Financial Officer and the
5 Chief Information Officer shall remain in the National Fi-
6 nance Center and under the management responsibility and
7 administrative control of the National Finance Center: Pro-
8 vided further, That the Secretary of Agriculture and the of-
9 fices of the Chief Financial Officer shall actively market
10 to existing and new Departments and other government
11 agencies National Finance Center shared services including,
12 but not limited to, payroll, financial management, and
13 human capital shared services and allow the National Fi-
14 nance Center to perform technology upgrades: Provided fur-
15 ther, That of annual income amounts in the Working Cap-
16 ital Fund of the Department of Agriculture attributable to
17 the amounts in excess of the true costs of the shared services
18 provided by the National Finance Center and budgeted for
19 the National Finance Center, the Secretary shall reserve not
20 more than 4 percent for the replacement or acquisition of
21 capital equipment, including equipment for the improve-
22 ment, delivery, and implementation of financial, adminis-
23 trative, and information technology services, and other sys-
24 tems of the National Finance Center or to pay any unfore-
25 seen, extraordinary cost of the National Finance Center:
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
78
1 Provided further, That none of the amounts reserved shall
2 be available for obligation unless the Secretary submits
3 written notification of the obligation to the Committees on
4 Appropriations of both Houses of Congress: Provided fur-
5 ther, That the limitations on the obligation of funds pend-
6 ing notification to Congressional Committees shall not
7 apply to any obligation that, as determined by the Sec-
8 retary, is necessary to respond to a declared state of emer-
9 gency that significantly impacts the operations of the Na-
10 tional Finance Center; or to evacuate employees of the Na-
11 tional Finance Center to a safe haven to continue oper-
12 ations of the National Finance Center.
13 SEC. 703. No part of any appropriation contained in
14 this Act shall remain available for obligation beyond the
15 current fiscal year unless expressly so provided herein.
16 SEC. 704. No funds appropriated by this Act may be
17 used to pay negotiated indirect cost rates on cooperative
18 agreements or similar arrangements between the United
19 States Department of Agriculture and nonprofit institu-
20 tions in excess of 10 percent of the total direct cost of the
21 agreement when the purpose of such cooperative arrange-
22 ments is to carry out programs of mutual interest between
23 the two parties. This does not preclude appropriate pay-
24 ment of indirect costs on grants and contracts with such
25 institutions when such indirect costs are computed on a
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
79
1 similar basis for all agencies for which appropriations are
2 provided in this Act.
3 SEC. 705. Appropriations to the Department of Agri-
4 culture for the cost of direct and guaranteed loans made
5 available in the current fiscal year shall remain available
6 until expended to disburse obligations made in the current
7 fiscal year for the following accounts: the Rural Develop-
8 ment Loan Fund program account, the Rural Electrifica-
9 tion and Telecommunication Loans program account, and
10 the Rural Housing Insurance Fund program account.
11 SEC. 706. None of the funds made available to the De-
12 partment of Agriculture by this Act may be used to acquire
13 new information technology systems or significant up-
14 grades, as determined by the Office of the Chief Information
15 Officer, without the approval of the Chief Information Offi-
16 cer and the concurrence of the Executive Information Tech-
17 nology Investment Review Board: Provided, That notwith-
18 standing any other provision of law, none of the funds ap-
19 propriated or otherwise made available by this Act may be
20 transferred to the Office of the Chief Information Officer
21 without written notification to and the prior approval of
22 the Committees on Appropriations of both Houses of Con-
23 gress: Provided further, That, notwithstanding section
24 11319 of title 40, United States Code, none of the funds
25 available to the Department of Agriculture for information
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
80
1 technology shall be obligated for projects, contracts, or other
2 agreements over $25,000 prior to receipt of written ap-
3 proval by the Chief Information Officer: Provided further,
4 That the Chief Information Officer may authorize an agen-
5 cy to obligate funds without written approval from the
6 Chief Information Officer for projects, contracts, or other
7 agreements up to $250,000 based upon the performance of
8 an agency measured against the performance plan require-
9 ments described in the explanatory statement accom-
10 panying Public Law 113–235.
11 SEC. 707. Funds made available under section 524(b)
12 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in
13 the current fiscal year shall remain available until ex-
14 pended to disburse obligations made in the current fiscal
15 year.
16 SEC. 708. Notwithstanding any other provision of law,
17 any former Rural Utilities Service borrower that has repaid
18 or prepaid an insured, direct or guaranteed loan under the
19 Rural Electrification Act of 1936, or any not-for-profit util-
20 ity that is eligible to receive an insured or direct loan under
21 such Act, shall be eligible for assistance under section
22 313B(a) of such Act in the same manner as a borrower
23 under such Act.
24 SEC. 709. (a) Except as otherwise specifically provided
25 by law, not more than $20,000,000 in unobligated balances
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
81
1 from appropriations made available for salaries and ex-
2 penses in this Act for the Farm Service Agency shall remain
3 available through September 30, 2022, for information tech-
4 nology expenses.
5 (b) Except as otherwise specifically provided by law,
6 not more than $20,000,000 in unobligated balances from
7 appropriations made available for salaries and expenses in
8 this Act for the Rural Development mission area shall re-
9 main available through September 30, 2022, for informa-
10 tion technology expenses.
11 SEC. 710. None of the funds appropriated or otherwise
12 made available by this Act may be used for first-class travel
13 by the employees of agencies funded by this Act in con-
14 travention of sections 301–10.122 through 301–10.124 of
15 title 41, Code of Federal Regulations.
16 SEC. 711. In the case of each program established or
17 amended by the Agricultural Act of 2014 (Public Law 113–
18 79) or by a successor to that Act, other than by title I or
19 subtitle A of title III of such Act, or programs for which
20 indefinite amounts were provided in that Act, that is au-
21 thorized or required to be carried out using funds of the
22 Commodity Credit Corporation—
23 (1) such funds shall be available for salaries and
24 related administrative expenses, including technical
25 assistance, associated with the implementation of the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
82
1 program, without regard to the limitation on the total
2 amount of allotments and fund transfers contained in
3 section 11 of the Commodity Credit Corporation
4 Charter Act (15 U.S.C. 714i); and
5 (2) the use of such funds for such purpose shall
6 not be considered to be a fund transfer or allotment
7 for purposes of applying the limitation on the total
8 amount of allotments and fund transfers contained in
9 such section.
10 SEC. 712. Of the funds made available by this Act, not
11 more than $2,900,000 shall be used to cover necessary ex-
12 penses of activities related to all advisory committees, pan-
13 els, commissions, and task forces of the Department of Agri-
14 culture, except for panels used to comply with negotiated
15 rule makings and panels used to evaluate competitively
16 awarded grants.
17 SEC. 713. (a) None of the funds made available in this
18 Act may be used to maintain or establish a computer net-
19 work unless such network blocks the viewing, downloading,
20 and exchanging of pornography.
21 (b) Nothing in subsection (a) shall limit the use of
22 funds necessary for any Federal, State, tribal, or local law
23 enforcement agency or any other entity carrying out crimi-
24 nal investigations, prosecution, or adjudication activities.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
83
1 SEC. 714. Notwithstanding subsection (b) of section
2 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this
3 section referred to as ‘‘section 14222’’), none of the funds
4 appropriated or otherwise made available by this or any
5 other Act shall be used to pay the salaries and expenses of
6 personnel to carry out a program under section 32 of the
7 Act of August 24, 1935 (7 U.S.C. 612c; in this section re-
8 ferred to as ‘‘section 32’’) in excess of $1,359,864,000 (exclu-
9 sive of carryover appropriations from prior fiscal years),
10 as follows: Child Nutrition Programs Entitlement Commod-
11 ities— $485,000,000; State Option Contracts— $5,000,000;
12 Removal of Defective Commodities— $2,500,000; Adminis-
13 tration of Section 32 Commodity Purchases— $36,746,000:
14 Provided, That of the total funds made available in the mat-
15 ter preceding this proviso that remain unobligated on Octo-
16 ber 1, 2021, such unobligated balances shall carryover into
17 fiscal year 2022 and shall remain available until expended
18 for any of the purposes of section 32, except that any such
19 carryover funds used in accordance with clause (3) of sec-
20 tion 32 may not exceed $350,000,000 and may not be obli-
21 gated until the Secretary of Agriculture provides written
22 notification of the expenditures to the Committees on Ap-
23 propriations of both Houses of Congress at least two weeks
24 in advance: Provided further, That, with the exception of
25 any available carryover funds authorized in any prior ap-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00083 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
84
1 propriations Act to be used for the purposes of clause (3)
2 of section 32, none of the funds appropriated or otherwise
3 made available by this or any other Act shall be used to
4 pay the salaries or expenses of any employee of the Depart-
5 ment of Agriculture to carry out clause (3) of section 32.
6 SEC. 715. None of the funds appropriated by this or
7 any other Act shall be used to pay the salaries and expenses
8 of personnel who prepare or submit appropriations lan-
9 guage as part of the President’s budget submission to the
10 Congress for programs under the jurisdiction of the Appro-
11 priations Subcommittees on Agriculture, Rural Develop-
12 ment, Food and Drug Administration, and Related Agen-
13 cies that assumes revenues or reflects a reduction from the
14 previous year due to user fees proposals that have not been
15 enacted into law prior to the submission of the budget unless
16 such budget submission identifies which additional spend-
17 ing reductions should occur in the event the user fees pro-
18 posals are not enacted prior to the date of the convening
19 of a committee of conference for the fiscal year 2022 appro-
20 priations Act.
21 SEC. 716. (a) None of the funds provided by this Act,
22 or provided by previous appropriations Acts to the agencies
23 funded by this Act that remain available for obligation or
24 expenditure in the current fiscal year, or provided from any
25 accounts in the Treasury derived by the collection of fees
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
85
1 available to the agencies funded by this Act, shall be avail-
2 able for obligation or expenditure through a reprogram-
3 ming, transfer of funds, or reimbursements as authorized
4 by the Economy Act, or in the case of the Department of
5 Agriculture, through use of the authority provided by sec-
6 tion 702(b) of the Department of Agriculture Organic Act
7 of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89–
8 106 (7 U.S.C. 2263), that—
9 (1) creates new programs;
10 (2) eliminates a program, project, or activity;
11 (3) increases funds or personnel by any means
12 for any project or activity for which funds have been
13 denied or restricted;
14 (4) relocates an office or employees;
15 (5) reorganizes offices, programs, or activities; or
16 (6) contracts out or privatizes any functions or
17 activities presently performed by Federal employees;
18 unless the Secretary of Agriculture or the Sec-
19 retary of Health and Human Services (as the case
20 may be) notifies in writing and receives approval
21 from the Committees on Appropriations of both
22 Houses of Congress at least 30 days in advance of the
23 reprogramming of such funds or the use of such au-
24 thority.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00085 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
86
1 (b) None of the funds provided by this Act, or provided
2 by previous Appropriations Acts to the agencies funded by
3 this Act that remain available for obligation or expenditure
4 in the current fiscal year, or provided from any accounts
5 in the Treasury derived by the collection of fees available
6 to the agencies funded by this Act, shall be available for
7 obligation or expenditure for activities, programs, or
8 projects through a reprogramming or use of the authorities
9 referred to in subsection (a) involving funds in excess of
10 $500,000 or 10 percent, whichever is less, that—
11 (1) augments existing programs, projects, or ac-
12 tivities;
13 (2) reduces by 10 percent funding for any exist-
14 ing program, project, or activity, or numbers of per-
15 sonnel by 10 percent as approved by Congress; or
16 (3) results from any general savings from a re-
17 duction in personnel which would result in a change
18 in existing programs, activities, or projects as ap-
19 proved by Congress;
20 unless the Secretary of Agriculture or the Sec-
21 retary of Health and Human Services (as the case
22 may be) notifies in writing and receives approval
23 from the Committees on Appropriations of both
24 Houses of Congress at least 30 days in advance of the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00086 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
87
1 reprogramming or transfer of such funds or the use
2 of such authority.
3 (c) The Secretary of Agriculture or the Secretary of
4 Health and Human Services shall notify in writing and
5 receive approval from the Committees on Appropriations of
6 both Houses of Congress before implementing any program
7 or activity not carried out during the previous fiscal year
8 unless the program or activity is funded by this Act or spe-
9 cifically funded by any other Act.
10 (d) None of the funds provided by this Act, or provided
11 by previous Appropriations Acts to the agencies funded by
12 this Act that remain available for obligation or expenditure
13 in the current fiscal year, or provided from any accounts
14 in the Treasury derived by the collection of fees available
15 to the agencies funded by this Act, shall be available for—
16 (1) modifying major capital investments funding
17 levels, including information technology systems, that
18 involves increasing or decreasing funds in the current
19 fiscal year for the individual investment in excess of
20 $500,000 or 10 percent of the total cost, whichever is
21 less;
22 (2) realigning or reorganizing new, current, or
23 vacant positions or agency activities or functions to
24 establish a center, office, branch, or similar entity
25 with five or more personnel; or
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00087 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
88
1 (3) carrying out activities or functions that were
2 not described in the budget request;
3 unless the agencies funded by this Act notify, in
4 writing, the Committees on Appropriations of both
5 Houses of Congress at least 30 days in advance of
6 using the funds for these purposes.
7 (e) As described in this section, no funds may be used
8 for any activities unless the Secretary of Agriculture or the
9 Secretary of Health and Human Services receives from the
10 Committee on Appropriations of both Houses of Congress
11 written or electronic mail confirmation of receipt of the no-
12 tification as required in this section.
13 SEC. 717. Notwithstanding section 310B(g)(5) of the
14 Consolidated Farm and Rural Development Act (7 U.S.C.
15 1932(g)(5)), the Secretary may assess a one-time fee for any
16 guaranteed business and industry loan in an amount that
17 does not exceed 3 percent of the guaranteed principal por-
18 tion of the loan.
19 SEC. 718. None of the funds appropriated or otherwise
20 made available to the Department of Agriculture, the Food
21 and Drug Administration, or the Farm Credit Administra-
22 tion shall be used to transmit or otherwise make available
23 reports, questions, or responses to questions that are a result
24 of information requested for the appropriations hearing
25 process to any non-Department of Agriculture, non-Depart-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00088 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
89
1 ment of Health and Human Services, or non-Farm Credit
2 Administration employee.
3 SEC. 719. Unless otherwise authorized by existing law,
4 none of the funds provided in this Act, may be used by an
5 executive branch agency to produce any prepackaged news
6 story intended for broadcast or distribution in the United
7 States unless the story includes a clear notification within
8 the text or audio of the prepackaged news story that the
9 prepackaged news story was prepared or funded by that ex-
10 ecutive branch agency.
11 SEC. 720. No employee of the Department of Agri-
12 culture may be detailed or assigned from an agency or office
13 funded by this Act or any other Act to any other agency
14 or office of the Department for more than 60 days in a
15 fiscal year unless the individual’s employing agency or of-
16 fice is fully reimbursed by the receiving agency or office
17 for the salary and expenses of the employee for the period
18 of assignment.
19 SEC. 721. Not later than 30 days after the date of en-
20 actment of this Act, the Secretary of Agriculture, the Com-
21 missioner of the Food and Drug Administration, and the
22 Chairman of the Farm Credit Administration shall submit
23 to the Committees on Appropriations of both Houses of Con-
24 gress a detailed spending plan by program, project, and ac-
25 tivity for all the funds made available under this Act in-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
90
1 cluding appropriated user fees, as defined in the explana-
2 tory statement described in section 4 (in the matter pre-
3 ceding division A of this consolidated Act).
4 SEC. 722. Of the unobligated balances from amounts
5 made available for the supplemental nutrition program as
6 authorized by section 17 of the Child Nutrition Act of 1966
7 (42 U.S.C. 1786), $1,250,000,000 are hereby rescinded: Pro-
8 vided, That no amounts may be rescinded from amounts
9 that were designated by the Congress as an emergency re-
10 quirement pursuant to a Concurrent Resolution on the
11 Budget or the Balanced Budget and Emergency Deficit
12 Control Act of 1985.
13 SEC. 723. For the purposes of determining eligibility
14 or level of program assistance for Rural Development pro-
15 grams the Secretary shall not include incarcerated prison
16 populations.
17 SEC. 724. For loans and loan guarantees that do not
18 require budget authority and the program level has been
19 established in this Act, the Secretary of Agriculture may
20 increase the program level for such loans and loan guaran-
21 tees by not more than 25 percent: Provided, That prior to
22 the Secretary implementing such an increase, the Secretary
23 notifies, in writing, the Committees on Appropriations of
24 both Houses of Congress at least 15 days in advance.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00090 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
91
1 SEC. 725. None of the credit card refunds or rebates
2 transferred to the Working Capital Fund pursuant to sec-
3 tion 729 of the Agriculture, Rural Development, Food and
4 Drug Administration, and Related Agencies Appropria-
5 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) shall
6 be available for obligation without written notification to,
7 and the prior approval of, the Committees on Appropria-
8 tions of both Houses of Congress: Provided, That the refunds
9 or rebates so transferred shall be available for obligation
10 only for the acquisition of plant and capital equipment nec-
11 essary for the delivery of financial, administrative, and in-
12 formation technology services, including cloud adoption and
13 migration, of primary benefit to the agencies of the Depart-
14 ment of Agriculture.
15 SEC. 726. None of the funds made available by this
16 Act may be used to implement, administer, or enforce the
17 ‘‘variety’’ requirements of the final rule entitled ‘‘Enhanc-
18 ing Retailer Standards in the Supplemental Nutrition As-
19 sistance Program (SNAP)’’ published by the Department
20 of Agriculture in the Federal Register on December 15, 2016
21 (81 Fed. Reg. 90675) until the Secretary of Agriculture
22 amends the definition of the term ‘‘variety’’ as de fined in
23 section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regula-
24 tions, and ‘‘variety’’ as applied in the definition of the term
25 ‘‘staple food’’ as defined in section 271.2 of title 7, Code
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00091 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
92
1 of Federal Regulations, to increase the number of items that
2 qualify as acceptable varieties in each staple food category
3 so that the total number of such items in each staple food
4 category exceeds the number of such items in each staple
5 food category included in the final rule as published on De-
6 cember 15, 2016: Provided, That until the Secretary pro-
7 mulgates such regulatory amendments, the Secretary shall
8 apply the requirements regarding acceptable varieties and
9 breadth of stock to Supplemental Nutrition Assistance Pro-
10 gram retailers that were in effect on the day before the date
11 of the enactment of the Agricultural Act of 2014 (Public
12 Law 113–79).
13 SEC. 727. In carrying out subsection (h) of section 502
14 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary
15 of Agriculture shall have the same authority with respect
16 to loans guaranteed under such section and eligible lenders
17 for such loans as the Secretary has under subsections (h)
18 and (j) of section 538 of such Act (42 U.S.C. 1490p–2) with
19 respect to loans guaranteed under such section 538 and eli-
20 gible lenders for such loans.
21 SEC. 728. None of the funds made available by this
22 Act may be used to propose, promulgate, or implement any
23 rule, or take any other action with respect to, allowing or
24 requiring information intended for a prescribing health
25 care professional, in the case of a drug or biological product
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
93
1 subject to section 503(b)(1) of the Federal Food, Drug, and
2 Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to
3 such professional electronically (in lieu of in paper form)
4 unless and until a Federal law is enacted to allow or re-
5 quire such distribution.
6 SEC. 729. None of the funds made available by this
7 or any other Act may be used to carry out the final rule
8 promulgated by the Food and Drug Administration and
9 put into effect November 16, 2015, in regards to the hazard
10 analysis and risk-based preventive control requirements of
11 the current good manufacturing practice, hazard analysis,
12 and risk-based preventive controls for food for animals rule
13 with respect to the regulation of the production, distribu-
14 tion, sale, or receipt of dried spent grain byproducts of the
15 alcoholic beverage production process.
16 SEC. 730. There is hereby appropriated $11,000,000,
17 to remain available until expended, to carry out section
18 6407 of the Farm Security and Rural Investment Act of
19 2002 (7 U.S.C. 8107a): Provided, That the Secretary may
20 allow eligible entities, or comparable entities that provide
21 energy efficiency services using their own billing mecha-
22 nism to offer loans to customers in any part of their service
23 territory and to offer loans to replace a manufactured hous-
24 ing unit with another manufactured housing unit, if re-
25 placement would be more cost effective in saving energy.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
94
1 SEC. 731. (a) The Secretary of Agriculture shall—
2 (1) conduct audits in a manner that evaluates
3 the following factors in the country or region being
4 audited, as applicable—
5 (A) veterinary control and oversight;
6 (B) disease history and vaccination prac-
7 tices;
8 (C) livestock demographics and traceability;
9 (D) epidemiological separation from poten-
10 tial sources of infection;
11 (E) surveillance practices;
12 (F) diagnostic laboratory capabilities; and
13 (G) emergency preparedness and response;
14 and
15 (2) promptly make publicly available the final
16 reports of any audits or reviews conducted pursuant
17 to subsection (1).
18 (b) This section shall be applied in a manner con-
19 sistent with United States obligations under its inter-
20 national trade agreements.
21 SEC. 732. None of the funds made available by this
22 Act may be used to implement section 3.7(f) of the Farm
23 Credit Act of 1971 in a manner inconsistent with section
24 343(a)(13) of the Consolidated Farm and Rural Develop-
25 ment Act.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
95
1 SEC. 733. None of the funds made available by this
2 Act may be used to carry out any activities or incur any
3 expense related to the issuance of licenses under section 3
4 of the Animal Welfare Act (7 U.S.C. 2133), or the renewal
5 of such licenses, to class B dealers who sell dogs and cats
6 for use in research, experiments, teaching, or testing.
7 SEC. 734. (a)(1) No Federal funds made available for
8 this fiscal year for the rural water, waste water, waste dis-
9 posal, and solid waste management programs authorized by
10 sections 306, 306A, 306C, 306D, 306E, and 310B of the
11 Consolidated Farm and Rural Development Act (7 U.S.C.
12 1926 et seq.) shall be used for a project for the construction,
13 alteration, maintenance, or repair of a public water or
14 wastewater system unless all of the iron and steel products
15 used in the project are produced in the United States.
16 (2) In this section, the term ‘‘iron and steel
17 products’’ means the following products made pri-
18 marily of iron or steel: lined or unlined pipes and fit-
19 tings, manhole covers and other municipal castings,
20 hydrants, tanks, flanges, pipe clamps and restraints,
21 valves, structural steel, reinforced precast concrete,
22 and construction materials.
23 (b) Subsection (a) shall not apply in any case or cat-
24 egory of cases in which the Secretary of Agriculture (in this
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
96
1 section referred to as the ‘‘Secretary’’) or the designee of
2 the Secretary finds that—
3 (1) applying subsection (a) would be inconsistent
4 with the public interest;
5 (2) iron and steel products are not produced in
6 the United States in sufficient and reasonably avail-
7 able quantities or of a satisfactory quality; or
8 (3) inclusion of iron and steel products produced
9 in the United States will increase the cost of the over-
10 all project by more than 25 percent.
11 (c) If the Secretary or the designee receives a request
12 for a waiver under this section, the Secretary or the designee
13 shall make available to the public on an informal basis a
14 copy of the request and information available to the Sec-
15 retary or the designee concerning the request, and shall
16 allow for informal public input on the request for at least
17 15 days prior to making a finding based on the request.
18 The Secretary or the designee shall make the request and
19 accompanying information available by electronic means,
20 including on the official public Internet Web site of the De-
21 partment.
22 (d) This section shall be applied in a manner con-
23 sistent with United States obligations under international
24 agreements.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
97
1 (e) The Secretary may retain up to 0.25 percent of
2 the funds appropriated in this Act for ‘‘Rural Utilities
3 Service—Rural Water and Waste Disposal Program Ac-
4 count’’ for carrying out the provisions described in sub-
5 section (a)(1) for management and oversight of the require-
6 ments of this section.
7 (f) Subsection (a) shall not apply with respect to a
8 project for which the engineering plans and specifications
9 include use of iron and steel products otherwise prohibited
10 by such subsection if the plans and specifications have re-
11 ceived required approvals from State agencies prior to the
12 date of enactment of this Act.
13 (g) For purposes of this section, the terms ‘‘United
14 States’’ and ‘‘State’’ shall include each of the several States,
15 the District of Columbia, and each Federally recognized In-
16 dian tribe.
17 SEC. 735. None of the funds appropriated by this Act
18 may be used in any way, directly or indirectly, to influence
19 congressional action on any legislation or appropriation
20 matters pending before Congress, other than to commu-
21 nicate to Members of Congress as described in 18 U.S.C.
22 1913.
23 SEC. 736. Of the total amounts made available by this
24 Act for direct loans and grants in section 730 and in the
25 following headings: ‘‘Rural Housing Service—Rural Hous-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00097 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
98
1 ing Insurance Fund Program Account’’; ‘‘Rural Housing
2 Service—Mutual and Self-Help Housing Grants’’; ‘‘Rural
3 Housing Service—Rural Housing Assistance Grants’’;
4 ‘‘Rural Housing Service—Rural Community Facilities
5 Program Account’’; ‘‘Rural Business-Cooperative Service—
6 Rural Business Program Account’’; ‘‘Rural Business-Coop-
7 erative Service—Rural Economic Development Loans Pro-
8 gram Account’’; ‘‘Rural Business-Cooperative Service—
9 Rural Cooperative Development Grants’’; ‘‘Rural Utilities
10 Service—Rural Water and Waste Disposal Program Ac-
11 count’’; ‘‘Rural Utilities Service—Rural Electrification
12 and Telecommunications Loans Program Account’’; and
13 ‘‘Rural Utilities Service—Distance Learning, Telemedi-
14 cine, and Broadband Program’’, to the maximum extent
15 feasible, at least 10 percent of the funds shall be allocated
16 for assistance in persistent poverty counties under this sec-
17 tion, including, notwithstanding any other provision re-
18 garding population limits, any county seat of such a per-
19 sistent poverty county that has a population that does not
20 exceed the authorized population limit by more than 10 per-
21 cent: Provided, That for purposes of this section, the term
22 ‘‘persistent poverty counties’’ means any county that has
23 had 20 percent or more of its population living in poverty
24 over the past 30 years, as measured by the 1990 and 2000
25 decennial censuses, and 2007–2011 American Community
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
99
1 Survey 5-year average, or any territory or possession of the
2 United States: Provided further, That with respect to spe-
3 cific activities for which program levels have been made
4 available by this Act that are not supported by budget au-
5 thority, the requirements of this section shall be applied to
6 such program level.
7 SEC. 737. In addition to any other funds made avail-
8 able in this Act or any other Act, there is appropriated
9 $12,000,000 to carry out section 18(g)(8) of the Richard
10 B. Russell National School Lunch Act (42 U.S.C. 1769(g)),
11 to remain available until expended: Provided, That not-
12 withstanding section 18(g)(3)(C) of the Richard B. Russell
13 National School Lunch Act (42 U.S.C. 1769 (g)(3)(c)), the
14 total grant amount provided to a farm to school grant re-
15 cipient in fiscal year 2021 shall not exceed $500,000.
16 SEC. 738. There is hereby appropriated $5,000,000, to
17 remain available until September 30, 2022, for the cost of
18 loans and grants that is consistent with section 4206 of the
19 Agricultural Act of 2014, for necessary expenses of the Sec-
20 retary to support projects that provide access to healthy food
21 in underserved areas, to create and preserve quality jobs,
22 and to revitalize low-income communities.
23 SEC. 739. For an additional amount for ‘‘Animal and
24 Plant Health Inspection Service—Salaries and Expenses’’,
25 $8,500,000, to remain available until September 30, 2022,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
100
1 for one-time control and management and associated activi-
2 ties directly related to the multiple-agency response to citrus
3 greening.
4 SEC. 740. None of the funds made available by this
5 Act may be used to notify a sponsor or otherwise acknowl-
6 edge receipt of a submission for an exemption for investiga-
7 tional use of a drug or biological product under section
8 505(i) of the Federal Food, Drug, and Cosmetic Act (21
9 U.S.C. 355(i)) or section 351(a)(3) of the Public Health
10 Service Act (42 U.S.C. 262(a)(3)) in research in which a
11 human embryo is intentionally created or modified to in-
12 clude a heritable genetic modification. Any such submission
13 shall be deemed to have not been received by the Secretary,
14 and the exemption may not go into effect.
15 SEC. 741. None of the funds made available by this
16 or any other Act may be used to enforce the final rule pro-
17 mulgated by the Food and Drug Administration entitled
18 ‘‘Standards for the Growing, Harvesting, Packing, and
19 Holding of Produce for Human Consumption,’’ and pub-
20 lished on November 27, 2015, with respect to the regulation
21 of entities that grow, harvest, pack, or hold wine grapes,
22 hops, pulse crops, or almonds.
23 SEC. 742. There is hereby appropriated $5,000,000, to
24 remain available until September 30, 2022, for a pilot pro-
25 gram for the National Institute of Food and Agriculture
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00100 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
101
1 to provide grants to nonprofit organizations for programs
2 and services to establish and enhance farming and ranching
3 opportunities for military veterans.
4 SEC. 743. For school years 2020–2021 and 2021–2022,
5 none of the funds made available by this Act may be used
6 to implement or enforce the matter following the first
7 comma in the second sentence of footnote (c) of section
8 220.8(c) of title 7, Code of Federal Regulations, with respect
9 to the substitution of vegetables for fruits under the school
10 breakfast program established under section 4 of the Child
11 Nutrition Act of 1966 (42 U.S.C. 1773).
12 SEC. 744. None of the funds made available by this
13 Act or any other Act may be used—
14 (1) in contravention of section 7606 of the Agri-
15 cultural Act of 2014 (7 U.S.C. 5940), subtitle G of the
16 Agricultural Marketing Act of 1946, or section 10114
17 of the Agriculture Improvement Act of 2018; or
18 (2) to prohibit the transportation, processing,
19 sale, or use of hemp, or seeds of such plant, that is
20 grown or cultivated in accordance with subsection sec-
21 tion 7606 of the Agricultural Act of 2014 or Subtitle
22 G of the Agricultural Marketing Act of 1946, within
23 or outside the State in which the hemp is grown or
24 cultivated.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00101 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
102
1 SEC. 745. Out of amounts appropriated to the Food
2 and Drug Administration under title VI, the Secretary of
3 Health and Human Services, acting through the Commis-
4 sioner of Food and Drugs, shall, not later than September
5 30, 2021, and following the review required under Executive
6 Order No. 12866 (5 U.S.C. 601 note; relating to regulatory
7 planning and review), issue advice revising the advice pro-
8 vided in the notice of availability entitled ‘‘Advice About
9 Eating Fish, From the Environmental Protection Agency
10 and Food and Drug Administration; Revised Fish Advice;
11 Availability’’ (82 Fed. Reg. 6571 (January 19, 2017)), in
12 a manner that is consistent with nutrition science recog-
13 nized by the Food and Drug Administration on the net ef-
14 fects of seafood consumption.
15 SEC. 746. There is hereby appropriated $2,500,000, to
16 remain available until expended, for grants under section
17 12502 of Public Law 115–334.
18 SEC. 747. There is hereby appropriated $2,000,000 to
19 carry out section 1621 of Public Law 110–246.
20 SEC. 748. There is hereby appropriated $3,000,000, to
21 remain available until September 30, 2022, to carry out
22 section 4003(b) of Public Law 115–334 relating to dem-
23 onstration projects for Tribal Organizations.
24 SEC. 749. In addition to amounts otherwise made
25 available by this Act and notwithstanding the last sentence
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00102 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
103
1 of 16 U.S.C. 1310, there is appropriated $4,000,000, to re-
2 main available until expended, to implement non-renewable
3 agreements on eligible lands, including flooded agricultural
4 lands, as determined by the Secretary, under the Water
5 Bank Act (16 U.S.C. 1301–1311).
6 SEC. 750. The Secretary shall set aside for Rural Eco-
7 nomic Area Partnership (REAP) Zones, until August 15,
8 2021, an amount of funds made available in title III under
9 the headings of Rural Housing Insurance Fund Program
10 Account, Mutual and Self-Help Housing Grants, Rural
11 Housing Assistance Grants, Rural Community Facilities
12 Program Account, Rural Business Program Account, Rural
13 Development Loan Fund Program Account, and Rural
14 Water and Waste Disposal Program Account, equal to the
15 amount obligated in REAP Zones with respect to funds
16 provided under such headings in the most recent fiscal year
17 any such funds were obligated under such headings for
18 REAP Zones.
19 SEC. 751. There is hereby appropriated $1,000,000 to
20 carry out section 3307 of Public Law 115–334.
21 SEC. 752. The Secretary of Agriculture may waive the
22 matching funds requirement under Section 412(g) of the
23 Agricultural Research, Extension, and Education Reform
24 Act of 1998 (7 U.S.C. 7632(g)).
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00103 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
104
1 SEC. 753. There is hereby appropriated $2,000,000, to
2 remain available until expended, for a pilot program for
3 the Secretary to provide grants to qualified non-profit orga-
4 nizations and public housing authorities to provide tech-
5 nical assistance, including financial and legal services, to
6 RHS multi-family housing borrowers to facilitate the ac-
7 quisition of RHS multi-family housing properties in areas
8 where the Secretary determines a risk of loss of affordable
9 housing, by non-profit housing organizations and public
10 housing authorities as authorized by law that commit to
11 keep such properties in the RHS multi-family housing pro-
12 gram for a period of time as determined by the Secretary.
13 SEC. 754. There is hereby appropriated $7,000,000 to
14 carry out section 222 of Subtitle A of the Department of
15 Agriculture Reorganization Act of 1994 (7 U.S.C. 6923) as
16 amended by section 12302 of Public Law 115–334.
17 SEC. 755. There is hereby appropriated $1,000,000, to
18 remain available until September 30, 2022, to carry out
19 section 4208 of Public Law 115–334.
20 SEC. 756. There is hereby appropriated $5,000,000 to
21 carry out section 12301 of Public Law 115–334.
22 SEC. 757. There is hereby appropriated $5,000,000 to
23 carry out section 1450 of the National Agricultural Re-
24 search, Extension, and Teaching Policy Act of 1977 (7
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00104 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
105
1 U.S.C. 3222e) as amended by section 7120 of Public Law
2 115–334.
3 SEC. 758. There is hereby appropriated $1,000,000 to
4 carry out section 1671 of the Food, Agriculture, Conserva-
5 tion, and Trade Act of 1990 (7 U.S.C. 5924) as amended
6 by section 7208 of Public Law 115–334.
7 SEC. 759. In response to an eligible community where
8 the drinking water supplies are inadequate due to a natural
9 disaster, as determined by the Secretary, including drought
10 or severe weather, the Secretary may provide potable water
11 through the Emergency Community Water Assistance
12 Grant Program for an additional period of time not to ex-
13 ceed 120 days beyond the established period provided under
14 the Program in order to protect public health.
15 SEC. 760. There is hereby appropriated $5,000,000 to
16 remain available until September 30, 2022, to carry out
17 section 4206 of Public Law 115–334.
18 SEC. 761. Funds made available under title II of the
19 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
20 used to provide assistance to recipient nations if adequate
21 monitoring and controls, as determined by the Adminis-
22 trator, are in place to ensure that emergency food aid is
23 received by the intended beneficiaries in areas affected by
24 food shortages and not diverted for unauthorized or inap-
25 propriate purposes.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
106
1 SEC. 762. Notwithstanding any other provision of law,
2 ARS facilities as described in the ‘‘Memorandum of Under-
3 standing Between the U.S. Department of Agriculture Ani-
4 mal and Plant Health Inspection Service (APHIS) and the
5 U.S. Department of Agriculture Agricultural Research
6 Service (ARS) Concerning Laboratory Animal Welfare’’
7 (16–6100–0103–MU Revision 16–1) shall be inspected by
8 APHIS for compliance with the Animal Welfare Act and
9 its regulations and standards.
10 SEC. 763. There is hereby appropriated $5,000,000, to
11 remain available until expended, to carry out section 2103
12 of Public Law 115–334: Provided, That the Secretary shall
13 prioritize the wetland compliance needs of areas with sig-
14 nificant numbers of individual wetlands, wetland acres,
15 and conservation compliance requests.
16 SEC. 764. None of the funds made available by this
17 Act may be used to procure raw or processed poultry prod-
18 ucts imported into the United States from the People’s Re-
19 public of China for use in the school lunch program under
20 the Richard B. Russell National School Lunch Act (42
21 U.S.C. 1751 et seq.), the Child and Adult Care Food Pro-
22 gram under section 17 of such Act (42 U.S.C. 1766), the
23 Summer Food Service Program for Children under section
24 13 of such Act (42 U.S.C. 1761), or the school breakfast
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
107
1 program under the Child Nutrition Act of 1966 (42 U.S.C.
2 1771 et seq.).
3 SEC. 765. There is hereby appropriated $1,000,000, for
4 an additional amount for ‘‘Department of Health and
5 Human Services—Food and Drug Administration—Sala-
6 ries and Expenses’’ to remain available until expended and
7 in addition to amounts otherwise made available for such
8 purposes, for the development of research, education, and
9 outreach partnerships with academic institutions to study
10 and promote seafood safety.
11 SEC. 766. There is hereby appropriated $2,000,000, to
12 remain available until September 30, 2022, for the National
13 Institute of Food and Agriculture to issue a competitive
14 grant to support the establishment of an Agriculture Busi-
15 ness Innovation Center at a historically black college or
16 university to serve as a technical assistance hub to enhance
17 agriculture-based business development opportunities.
18 SEC. 767. For school year 2021–2022, only a school
19 food authority that had a negative balance in the nonprofit
20 school food service account as of December 31, 2020, shall
21 be required to establish a price for paid lunches in accord-
22 ance with section 12(p) of the Richard B. Russell National
23 School Lunch Act (42 U.S.C. 1760(p)).
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
108
1 SEC. 768. There is hereby appropriated $5,000,000 to
2 remain available until September 30, 2022, to carry out
3 section 6424 of Public Law 115–334.
4 SEC. 769. In addition to any funds made available
5 in this Act or any other Act, there is hereby appropriated
6 $10,000,000, to remain available until September 30, 2022,
7 for grants from the National Institute of Food and Agri-
8 culture to the 1890 Institutions to support the Centers of
9 Excellence.
10 SEC. 770. There is hereby appropriated $2,000,000, to
11 remain available until expended, for the Secretary of Agri-
12 culture to carry out a pilot program that assists rural hos-
13 pitals to improve long-term operations and financial health
14 by providing technical assistance through analysis of cur-
15 rent hospital management practices.
16 SEC. 771. In addition to amounts otherwise made
17 available by this or any other Act, there is hereby appro-
18 priated $5,000,000, to remain available until expended, to
19 the Secretary for a pilot program to provide grants to a
20 regional consortium to fund technical assistance and con-
21 struction of regional wastewater systems for historically im-
22 poverished communities that have had difficulty in install-
23 ing traditional wastewater treatment systems due to soil
24 conditions.
25 SEC. 772. The Secretary of Agriculture shall—
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00108 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
109
1 (1) within 180 days of enactment of this Act
2 publish a notice of proposed rulemaking in the Fed-
3 eral Register seeking public comments on the effects of
4 lifting the stay issued on July 31, 2013 (78 Fed. Reg.
5 46255) with consideration given to changes in indus-
6 try and the implementation of certain rulemakings
7 since the publication of the stay;
8 (2) take public comments on the notice for not
9 more than 60 days; and
10 (3) not later than 180 days after the end of the
11 comment period, publish in the Federal Register the
12 date upon which the stay is lifted if such action is
13 justified based on the comments received.
14 SEC. 773. There is hereby appropriated $6,000,000, to
15 remain available until September 30, 2022, to carry out
16 section 23 of the Child Nutrition Act of 1966 (42 U.S.C.
17 1793), of which $2,000,000 shall be for grants under such
18 section to the Commonwealth of Puerto Rico, the Common-
19 wealth of the Northern Mariana Islands, the United States
20 Virgin Islands, Guam, and American Samoa.
21 SEC. 774. Any funds made available by this or any
22 other Act that the Secretary withholds pursuant to section
23 1668(g)(2) of the Food, Agriculture, Conservation, and
24 Trade Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall
25 be available for grants for biotechnology risk assessment re-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00109 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
110
1 search: Provided, That the Secretary may transfer such
2 funds among appropriations of the Department of Agri-
3 culture for purposes of making such grants.
4 SEC. 775. (a) There is hereby appropriated
5 $531,000,000, to remain available until expended, for an
6 additional amount for section 779 of Public Law 115–141.
7 (b) Section 313(b) of the Rural Electrification Act of
8 1936, as amended (7 U.S.C. 940c(b)), shall be applied for
9 fiscal year 2021 and each fiscal year thereafter until the
10 specified funding has been expended as if the following were
11 inserted after the final period in subsection (b)(2): ‘‘In ad-
12 dition, the Secretary shall use $425,000,000 of funds avail-
13 able in this subaccount in fiscal year 2019 for an additional
14 amount for the same purpose and under the same terms
15 and conditions as funds appropriated by section 779 of
16 Public Law 115–141, shall use $255,000,000 of funds avail-
17 able in this subaccount in fiscal year 2020 for an additional
18 amount for the same purpose and under the same terms
19 and conditions as funds appropriated by section 779 of
20 Public Law 115–141, and shall use $104,000,000 of funds
21 available in this subaccount in fiscal year 2021 for an addi-
22 tional amount for the same purpose and under the same
23 terms and conditions as funds appropriated by section 779
24 of Public Law 115–141.’’: Provided, That any use of such
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00110 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
111
1 funds shall be treated as a reprogramming of funds under
2 section 716 of this Act.
3 (c) Section 787(b) of division B of Public Law 116–
4 94 shall no longer apply.
5 SEC. 776. There is hereby appropriated $500,000 to
6 carry out section 224 of Subtitle A of the Department of
7 Agriculture Reorganization Act of 1994 (7 U.S.C. 6924) as
8 amended by section 12504 of Public Law 115–334.
9 SEC. 777. There is hereby appropriated $400,000 to
10 carry out section 1672(g)(4)(B) of the Food, Agriculture,
11 Conservation, and Trade Act of 1990 (7 U.S.C.
12 5925(g)(4(B)) as amended by section 7209 of Public Law
13 115–334.
14 SEC. 778. Notwithstanding any other provision of law,
15 the acceptable market name of any engineered animal ap-
16 proved prior to the effective date of the National Bioengi-
17 neered Food Disclosure Standard (February 19, 2019) shall
18 include the words ‘‘genetically engineered’’ prior to the ex-
19 isting acceptable market name.
20 SEC. 779. For an additional amount for ‘‘National In-
21 stitute of Food and Agriculture—Research and Education
22 Activities’’, $500,000, to develop a public-private coopera-
23 tive framework based on open data standards for neutral
24 data repository solutions to preserve and share the big data
25 generated by technological advancements in the agriculture
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
112
1 industry and for the preservation and curation of data in
2 collaboration with land-grant universities.
3 SEC. 780. Notwithstanding any other provision of law,
4 no funds available to the Department of Agriculture may
5 be used to move any staff office or any agency from the
6 mission area in which it was located on August 1, 2018,
7 to any other mission area or office within the Department
8 in the absence of the enactment of specific legislation affirm-
9 ing such move.
10 SEC. 781. There is hereby appropriated $10,000,000,
11 to remain available until expended, for the Secretary of Ag-
12 riculture to carry out a pilot program to provide financial
13 assistance for rural communities to further develop renew-
14 able energy.
15 SEC. 782. Section 7605(b) of the Agriculture Improve-
16 ment Act of 2018 (7 U.S.C. 5940 note; Public Law 115–
17 334) is amended by striking ‘‘September 30, 2021’’ and in-
18 serting ‘‘January 1, 2022’’.
19 SEC. 783. Section 9(i)(2) of the Food and Nutrition
20 Act of 2008 (7 U.S.C. 2018(i)(2)) is amended by striking
21 ‘‘December 31, 2020’’ and inserting ‘‘December 31, 2021’’.
22 SEC. 784. Section 779 of Public Law 115–141 is
23 amended by striking ‘‘expansion efforts made’’ and insert-
24 ing ‘‘service in a service area’’ in the fourth proviso, and
25 by inserting ‘‘, unless such service area is not provided suf-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
113
1 ficient access to broadband at the minimum service thresh-
2 old’’ after ‘‘Rural Utilities Service’’ in the fourth proviso.
3 SEC. 785. In addition to amounts otherwise provided,
4 there is hereby appropriated $1,000,000, to remain avail-
5 able until expended, to carry out activities authorized under
6 subsections (a)(2) and (e)(2) of Section 21 of the Richard
7 B. Russell National School Lunch Act (42 U.S.C. 1769b–
8 1(a)(2) and (e)(2)).
9 SEC. 786. The Secretary, acting through the Chief of
10 the Natural Resources Conservation Service, may use funds
11 appropriated under this Act for the Watershed and Flood
12 Prevention Operations Program and the Watershed Reha-
13 bilitation Program carried out pursuant to the Watershed
14 Protection and Flood Prevention Act (16 U.S.C. 1001 et
15 seq.), and for the Emergency Watershed Protection Program
16 carried out pursuant to section 403 of the Agricultural
17 Credit Act of 1978 (16 U.S.C. 2203) to provide technical
18 services for such programs pursuant to section 1252(a)(1)
19 of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
20 notwithstanding subsection (c) of such section.
21 SEC. 787. (a) The Secretary of Health and Human
22 Services, acting through the Commissioner of Food and
23 Drugs (Commissioner), shall develop and, if it determines
24 feasible, implement a number of options for regulating the
25 export of shrimp to the United States from other countries,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
114
1 including the three largest exporting countries by volume
2 to the United States over the last three calendar years, such
3 as sampling of products prior to export to the United
4 States, increasing foreign inspections of export facilities, in-
5 creased seafood importer inspections, foreign surveillance
6 inspections at overseas manufacturing sites, enhanced im-
7 port screening, higher rates of examination and sampling,
8 use of third-party audits, and formal seafood arrangements
9 with foreign competent authorities.
10 (b) The Commissioner shall especially give priority
11 consideration to the following with the funds appro-
12 priated—
13 (1) that appropriate controls are applied to
14 shrimp feed and production ponds, processing plants,
15 and facilities throughout the chain of distribution to
16 determine compliance with seafood safety require-
17 ments;
18 (2) dedicate its inspectional effort to determine
19 compliance with seafood arrangements, once estab-
20 lished, from any dedicated funds;
21 (3) provide an annual report to the Committee
22 before the end of fiscal years 2021, 2022, and 2023
23 with the reporting requirement goal being to provide
24 the Committee information related to FDA’s oversight
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00114 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
115
1 of the safety of shrimp products imported into the
2 United States.
3 SEC. 788. There is hereby appropriated $1,000,000 to
4 carry out the duties of the working group established under
5 section 770 of the Agriculture, Rural Development, Food
6 and Drug Administration, and Related Agencies Appro-
7 priations Act, 2019 (Public Law 116–6; 133 Stat. 89).
8 SEC. 789. None of the funds made available by this
9 or any other act may be used to restrict the offering of low-
10 fat (1% fat) flavored milk in the National School Lunch
11 Program or School Breakfast Program, as long as such milk
12 is not inconsistent with the most recent Dietary Guidelines
13 for Americans published under section 301 of the National
14 Nutrition Monitoring and Related Research Act of 1990.
15 SEC. 790. The Commissioner of the Food and Drug
16 Administration shall develop a plan within 180 days of en-
17 actment that would allow the Agency to identify, detain and
18 refuse all FDA regulated products originating from foreign
19 establishments that did not allow FDA investigators imme-
20 diate physical access to the registered establishment and its
21 records to determine a registered establishment’s ongoing
22 compliance with FDA laws and regulations. Any foreign
23 establishment that meets these criteria may be placed on
24 import alert. This import alert would be specific for this
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
116
1 foreign establishment, focusing on detaining all products
2 from this establishment.
3 SEC. 791. In administering the pilot program estab-
4 lished by section 779 of division A of the Consolidated Ap-
5 propriations Act, 2018 (Public Law 115–141), the Sec-
6 retary of Agriculture may, for purposes of determining enti-
7 ties eligible to receive assistance, consider those communities
8 which are ‘‘Areas Rural in Character’’: Provided, That not
9 more than 10 percent of the funds made available by section
10 775 may be used for this purpose.
11 SEC. 792. There is hereby appropriated $45,861,000
12 for the Goodfellow Federal facility, to remain available
13 until expended, of which $20,000,000 shall be transferred
14 to and merged with the appropriation for ‘‘Office of the
15 Chief Information Officer’’, $16,046,000 shall be transferred
16 to and merged with the appropriation for ‘‘Food Safety and
17 Inspection Service’’, and of which $9,815,000 shall be trans-
18 ferred to and merged with the appropriation for ‘‘Rural De-
19 velopment, Salaries and Expenses’’.
20 SEC. 793. Of the unobligated balances from prior year
21 appropriations made available under the heading ‘‘Dis-
22 tance Learning, Telemedicine, and Broadband Program’’
23 for the cost of broadband loans, as authorized by section
24 601 of the Rural Electrification Act, $12,000,000 are hereby
25 rescinded.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00116 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
117
1 SEC. 794. Funds made available in the Consolidated
2 Appropriations Act, 2016 (Public Law 114–113) for the
3 ‘‘Rural Community Facilities Program Account’’ under
4 section 306 of the Consolidated Farm and Rural Develop-
5 ment Act, 7 U.S.C. 1926, for the principal amount of direct
6 loans to eligible approved re-lenders are to remain available
7 through fiscal year 2026 for the liquidation of valid obliga-
8 tions incurred in fiscal year 2016.
9 SEC. 795. None of the funds made available by this
10 Act may be used to pay the salaries or expenses of per-
11 sonnel—
12 (1) to inspect horses under section 3 of the Fed-
13 eral Meat Inspection Act (21 U.S.C. 603);
14 (2) to inspect horses under section 903 of the
15 Federal Agriculture Improvement and Reform Act of
16 1996 (7 U.S.C. 1901 note; Public Law 104–127); or
17 (3) to implement or enforce section 352.19 of
18 title 9, Code of Federal Regulations (or a successor
19 regulation).
20 SEC. 796. Not later than 1 year after the date of enact-
21 ment of this Act, the National Academy of Sciences, Engi-
22 neering, and Medicine shall complete a review and provide
23 a report to the Secretary of Agriculture, the Secretary of
24 Health and Human Services, and the Congress, on the most
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00117 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
118
1 recent edition of the dietary guidelines for Americans that
2 includes the following:
3 (1) A comparative analysis of the scientific
4 methodologies, review protocols, and evaluation proc-
5 esses used to develop the most recently issued guide-
6 lines as compared to recommendations included in the
7 National Academy of Sciences, Engineering, and
8 Medicine September 2017 report entitled ‘‘Rede-
9 signing the Process for Establishing the Dietary
10 Guidelines for Americans’’.
11 (2) A comparative analysis of the scientific stud-
12 ies used to develop such guidelines to determine the
13 dietary needs of Americans with diet-related meta-
14 bolic diseases as compared to the most current and
15 rigorous scientific studies on diet and diet-related
16 metabolic diseases available.
17 (3) An analysis of how full implementation of
18 the recommendations described in paragraph (1)
19 would have affected the most recently issued guide-
20 lines.
21 SEC. 797. (a) There is hereby appropriated $3,000,000,
22 to remain available until expended, for a pilot program for
23 the Animal and Plant Health Inspection Service to provide
24 grants to State departments of agriculture and forestry
25 commissions in states identified in the final environmental
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00118 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
119
1 assessment published in the Federal Register on September
2 23, 2020 (85 Fed. Reg. 59735), to combat and treat
3 cogongrass through established cogongrass control programs.
4 (b) Any remaining unobligated balances of funds made
5 available for field crop and rangeland ecosystem pests under
6 the heading ‘‘Animal and Plant Health Inspection Serv-
7 ice—Salaries and Expenses’’, in the Consolidated Appro-
8 priations Act, 2019 (Public Law 116–6) and the Further
9 Consolidated Appropriations Act, 2020 (Public Law 116–
10 94), and specifically provided as funds for APHIS to part-
11 ner with states in the control and eradication of the
12 cogongrass weed in the conference report accompanying
13 Public Law 116–6 and in the explanatory statement de-
14 scribed in section 4 in the matter preceding division A of
15 Public Law 116–94, are hereby permanently rescinded, and
16 an amount of additional new budget authority equivalent
17 to the amount rescinded is hereby appropriated, to remain
18 available until expended in addition to other funds as may
19 be available for such purposes, for the same purposes and
20 under the same conditions as the funds made available
21 under subsection (a) of this section.
22 (c) Not to exceed 2 percent of the funds provided under
23 this section shall be available for necessary costs of grant
24 administration.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
120
1 SEC. 798. For an additional amount for ‘‘National In-
2 stitute of Food and Agriculture—Research and Education
3 Activities’’, $300,000, for the Under Secretary for Research,
4 Education, and Economics to convene a blue-ribbon panel
5 for the purpose of evaluating the overall structure of re-
6 search and education through the public and land-grant
7 universities, including 1890 Institutions, to define a new
8 architecture that can better integrate, coordinate, and assess
9 economic impact of the collective work of these institutions.
10 SEC. 799. For an additional amount for ‘‘National In-
11 stitute of Food and Agriculture—Research and Education
12 Activities’’, $4,000,000, to remain available until Sep-
13 tember 30, 2022, for a competitive grant to an institution
14 in the land-grant university system to establish a Farm of
15 the Future testbed and demonstration site.
16 SEC. 799A. There is hereby appropriated $22,000,000,
17 to remain available until expended, to carry out section
18 12513 of Public Law 115–334: Provided, That of the
19 amounts made available, $20,000,000 shall be for estab-
20 lished dairy business innovation initiatives and the Sec-
21 retary shall take measures to ensure an equal distribution
22 of funds between the three regional innovation initiatives.
23 SEC. 799B. None of the funds appropriated or other-
24 wise made available by this Act shall be available for the
25 United States Department of Agriculture to propose, final-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00120 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
121
1 ize or implement any regulation that would promulgate
2 new user fees pursuant to 31 U.S.C. 9701 after the date
3 of the enactment of this Act.
4 SEC. 799C. (a) Any remaining unobligated balances
5 of funds made available under the heading ‘‘Department of
6 Agriculture—Agricultural Programs—Processing, Research
7 and Marketing—Office of the Secretary’’ in subsections (b)
8 and (d) of section 791 of division B of the Further Consoli-
9 dated Appropriations Act, 2020 Public Law 116–94 for
10 block grants to eligible states and territories pursuant to
11 the first proviso under the heading ‘‘Department of Agri-
12 culture—Agricultural Programs—Processing, Research and
13 Marketing—Office of the Secretary’’ in the Additional Sup-
14 plemental Appropriations for Disaster Relief Act of 2019
15 Public Law 116–20, as amended by subsection (c) of section
16 791 of division B Public Law 116–94, may be made avail-
17 able for any of the other purposes and under the same au-
18 thorities and conditions for those purposes as the funds
19 made available under such heading in such Act, and for
20 the purposes specified and under the same authorities and
21 conditions as in the first, second, third, and fourth provisos
22 of subsection (b) of section 791 of division B of Public Law
23 116–94: Provided, That this section shall not be effective
24 before the award of the block grants that were announced
25 prior to the date of enactment of this Act: Provided further,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00121 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
122
1 That any block grant amounts that were announced prior
2 to the date of enactment of this Act and are subsequently
3 awarded shall not be returned to the Farm Service Agency
4 until the date specified in the grant agreement.
5 (b) Of the remaining unobligated balances of funds
6 made available under the heading ‘‘Department of Agri-
7 culture—Agricultural Programs—Processing, Research and
8 Marketing—Office of the Secretary’’ in the Coronavirus
9 Aid, Relief, and Economic Security Act (Public Law 116–
10 136), $1,000,000,000 shall be made available for the same
11 purposes and under the same authorities and conditions as
12 the funds made available under the heading ‘‘Department
13 of Agriculture—Agricultural Programs—Processing, Re-
14 search and Marketing—Office of the Secretary’’ in the Ad-
15 ditional Supplemental Appropriations for Disaster Relief
16 Act of 2019 (Public Law 116–20), as of December 19, 2019,
17 and for the purposes specified and under the same authori-
18 ties and conditions as in the first, second, third, and fourth
19 provisos of subsection (b) of section 791 of division B of
20 Public Law 116–94.
21 (c) The amounts repurposed pursuant to this section
22 that were previously designated by the Congress as an emer-
23 gency requirement pursuant to section 251(b)(2)(A)(i) of
24 the Balanced Budget and Emergency Deficit Control Act
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00122 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
123
1 of 1985 are designated by the Congress as an emergency
2 requirement pursuant to that section of that Act.
3 SEC. 799D. For necessary expenses for salary and re-
4 lated costs associated with Agriculture Quarantine and In-
5 spection Services activities pursuant to 21 U.S.C. 136a(6),
6 and in addition to any other funds made available for this
7 purpose, there is appropriated, out of any money in the
8 Treasury not otherwise appropriated, $635,000,000, to re-
9 main available until September 30, 2022, to offset the loss
10 resulting from the coronavirus pandemic of quarantine and
11 inspection fees collected pursuant to sections 2508 and 2509
12 of the Food, Agriculture, Conservation, and Trade Act of
13 1990 (21 U.S.C. 136, 136a): Provided, That amounts made
14 available in this section shall be treated as funds collected
15 by fees authorized under sections 2508 and 2509 of the
16 Food, Agriculture, Conservation, and Trade Act of 1990 (21
17 U.S.C. 136, 136a) for purposes of section 421(f) of the
18 Homeland Security Act of 2002 (6 U.S.C. 231(f)): Provided
19 further, That such amount is designated by the Congress
20 as being for an emergency requirement pursuant to section
21 251(b)(2)(A)(i) of the Balanced Budget and Emergency
22 Deficit Control Act of 1985.
23 This division may be cited as the ‘‘Agriculture, Rural
24 Development, Food and Drug Administration, and Related
25 Agencies Appropriations Act, 2021’’.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00123 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
124
1 DIVISION B—COMMERCE, JUSTICE,
2 SCIENCE, AND RELATED AGENCIES AP-
3 PROPRIATIONS ACT, 2021
4 TITLE I
5 DEPARTMENT OF COMMERCE
6 INTERNATIONAL TRADE ADMINISTRATION
7 OPERATIONS AND ADMINISTRATION
8 For necessary expenses for international trade activi-
9 ties of the Department of Commerce provided for by law,
10 to carry out activities associated with facilitating, attract-
11 ing, and retaining business investment in the United
12 States, and for engaging in trade promotional activities
13 abroad, including expenses of grants and cooperative agree-
14 ments for the purpose of promoting exports of United States
15 firms, without regard to sections 3702 and 3703 of title 44,
16 United States Code; full medical coverage for dependent
17 members of immediate families of employees stationed over-
18 seas and employees temporarily posted overseas; travel and
19 transportation of employees of the International Trade Ad-
20 ministration between two points abroad, without regard to
21 section 40118 of title 49, United States Code; employment
22 of citizens of the United States and aliens by contract for
23 services; rental of space abroad for periods not exceeding
24 10 years, and expenses of alteration, repair, or improve-
25 ment; purchase or construction of temporary demountable
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00124 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
125
1 exhibition structures for use abroad; payment of tort claims,
2 in the manner authorized in the first paragraph of section
3 2672 of title 28, United States Code, when such claims arise
4 in foreign countries; not to exceed $294,300 for official rep-
5 resentation expenses abroad; purchase of passenger motor
6 vehicles for official use abroad, not to exceed $45,000 per
7 vehicle; obtaining insurance on official motor vehicles; and
8 rental of tie lines, $541,000,000, of which $70,000,000 shall
9 remain available until September 30, 2022: Provided, That
10 $11,000,000 is to be derived from fees to be retained and
11 used by the International Trade Administration, notwith-
12 standing section 3302 of title 31, United States Code: Pro-
13 vided further, That, of amounts provided under this head-
14 ing, not less than $16,400,000 shall be for China anti-
15 dumping and countervailing duty enforcement and compli-
16 ance activities: Provided further, That the provisions of the
17 first sentence of section 105(f) and all of section 108(c) of
18 the Mutual Educational and Cultural Exchange Act of 1961
19 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
20 out these activities; and that for the purpose of this Act,
21 contributions under the provisions of the Mutual Edu-
22 cational and Cultural Exchange Act of 1961 shall include
23 payment for assessments for services provided as part of
24 these activities.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00125 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
126
1 BUREAU OF INDUSTRY AND SECURITY
2 OPERATIONS AND ADMINISTRATION
3 For necessary expenses for export administration and
4 national security activities of the Department of Commerce,
5 including costs associated with the performance of export
6 administration field activities both domestically and
7 abroad; full medical coverage for dependent members of im-
8 mediate families of employees stationed overseas; employ-
9 ment of citizens of the United States and aliens by contract
10 for services abroad; payment of tort claims, in the manner
11 authorized in the first paragraph of section 2672 of title
12 28, United States Code, when such claims arise in foreign
13 countries; not to exceed $13,500 for official representation
14 expenses abroad; awards of compensation to informers
15 under the Export Control Reform Act of 2018 (subtitle B
16 of title XVII of the John S. McCain National Defense Au-
17 thorization Act for Fiscal Year 2019; Public Law 115–232;
18 132 Stat. 2208; 50 U.S.C. 4801 et seq.), and as authorized
19 by section 1(b) of the Act of June 15, 1917 (40 Stat. 223;
20 22 U.S.C. 401(b)); and purchase of passenger motor vehicles
21 for official use and motor vehicles for law enforcement use
22 with special requirement vehicles eligible for purchase with-
23 out regard to any price limitation otherwise established by
24 law, $133,000,000, to remain available until expended: Pro-
25 vided, That the provisions of the first sentence of section
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00126 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
127
1 105(f) and all of section 108(c) of the Mutual Educational
2 and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
3 2458(c)) shall apply in carrying out these activities: Pro-
4 vided further, That payments and contributions collected
5 and accepted for materials or services provided as part of
6 such activities may be retained for use in covering the cost
7 of such activities, and for providing information to the pub-
8 lic with respect to the export administration and national
9 security activities of the Department of Commerce and other
10 export control programs of the United States and other gov-
11 ernments.
12 ECONOMIC DEVELOPMENT ADMINISTRATION
13 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
14 For grants for economic development assistance as pro-
15 vided by the Public Works and Economic Development Act
16 of 1965, for trade adjustment assistance, and for grants au-
17 thorized by sections 27 and 28 of the Stevenson-Wydler
18 Technology Innovation Act of 1980 (15 U.S.C. 3722 and
19 3723), as amended, $305,500,000 to remain available until
20 expended, of which $38,000,000 shall be for grants under
21 such section 27 and $2,000,000 shall be for grants under
22 such section 28: Provided, That any deviation from the
23 amounts designated for specific activities in the explana-
24 tory statement described in section 4 (in the matter pre-
25 ceding division A of this consolidated Act), or any use of
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
128
1 deobligated balances of funds provided under this heading
2 in previous years, shall be subject to the procedures set forth
3 in section 505 of this Act.
4 SALARIES AND EXPENSES
5 For necessary expenses of administering the economic
6 development assistance programs as provided for by law,
7 $40,500,000: Provided, That funds provided under this
8 heading may be used to monitor projects approved pursuant
9 to title I of the Public Works Employment Act of 1976; title
10 II of the Trade Act of 1974; sections 27 and 28 of the Ste-
11 venson-Wydler Technology Innovation Act of 1980 (15
12 U.S.C. 3722 and 3723), as amended; and the Community
13 Emergency Drought Relief Act of 1977.
14 MINORITY BUSINESS DEVELOPMENT AGENCY
15 MINORITY BUSINESS DEVELOPMENT
16 For necessary expenses of the Department of Commerce
17 in fostering, promoting, and developing minority business
18 enterprises, including expenses of grants, contracts, and
19 other agreements with public or private organizations,
20 $48,000,000, of which not more than $16,000,000 shall be
21 available for overhead expenses, including salaries and ex-
22 penses, rent, utilities, and information technology services.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
129
1 ECONOMIC AND STATISTICAL ANALYSIS
2 SALARIES AND EXPENSES
3 For necessary expenses, as authorized by law, of eco-
4 nomic and statistical analysis programs of the Department
5 of Commerce, $111,855,000, to remain available until Sep-
6 tember 30, 2022.
7 BUREAU OF THE CENSUS
8 CURRENT SURVEYS AND PROGRAMS
9 For necessary expenses for collecting, compiling, ana-
10 lyzing, preparing, and publishing statistics, provided for by
11 law, $288,403,000: Provided, That, from amounts provided
12 herein, funds may be used for promotion, outreach, and
13 marketing activities.
14 PERIODIC CENSUSES AND PROGRAMS
15 (INCLUDING TRANSFER OF FUNDS)
16 For necessary expenses for collecting, compiling, ana-
17 lyzing, preparing, and publishing statistics for periodic
18 censuses and programs provided for by law, $818,241,000,
19 to remain available until September 30, 2022: Provided,
20 That, from amounts provided herein, funds may be used
21 for promotion, outreach, and marketing activities: Provided
22 further, That within the amounts appropriated, $3,556,000
23 shall be transferred to the ‘‘Office of Inspector General’’ ac-
24 count for activities associated with carrying out investiga-
25 tions and audits related to the Bureau of the Census.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00129 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
130
1 NATIONAL TELECOMMUNICATIONS AND INFORMATION
2 ADMINISTRATION
3 SALARIES AND EXPENSES
4 For necessary expenses, as provided for by law, of the
5 National Telecommunications and Information Adminis-
6 tration (NTIA), $45,500,000, to remain available until
7 September 30, 2022: Provided, That, notwithstanding 31
8 U.S.C. 1535(d), the Secretary of Commerce shall charge
9 Federal agencies for costs incurred in spectrum manage-
10 ment, analysis, operations, and related services, and such
11 fees shall be retained and used as offsetting collections for
12 costs of such spectrum services, to remain available until
13 expended: Provided further, That the Secretary of Com-
14 merce is authorized to retain and use as offsetting collec-
15 tions all funds transferred, or previously transferred, from
16 other Government agencies for all costs incurred in tele-
17 communications research, engineering, and related activi-
18 ties by the Institute for Telecommunication Sciences of
19 NTIA, in furtherance of its assigned functions under this
20 paragraph, and such funds received from other Government
21 agencies shall remain available until expended.
22 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
23 CONSTRUCTION
24 For the administration of prior-year grants, recoveries
25 and unobligated balances of funds previously appropriated
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00130 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
131
1 are available for the administration of all open grants until
2 their expiration.
3 UNITED STATES PATENT AND TRADEMARK OFFICE
4 SALARIES AND EXPENSES
5 (INCLUDING TRANSFERS OF FUNDS)
6 For necessary expenses of the United States Patent and
7 Trademark Office (USPTO) provided for by law, including
8 defense of suits instituted against the Under Secretary of
9 Commerce for Intellectual Property and Director of the
10 USPTO, $3,695,295,000, to remain available until ex-
11 pended: Provided, That the sum herein appropriated from
12 the general fund shall be reduced as offsetting collections
13 of fees and surcharges assessed and collected by the USPTO
14 under any law are received during fiscal year 2021, so as
15 to result in a fiscal year 2021 appropriation from the gen-
16 eral fund estimated at $0: Provided further, That during
17 fiscal year 2021, should the total amount of such offsetting
18 collections be less than $3,695,295,000, this amount shall
19 be reduced accordingly: Provided further, That any amount
20 received in excess of $3,695,295,000 in fiscal year 2021 and
21 deposited in the Patent and Trademark Fee Reserve Fund
22 shall remain available until expended: Provided further,
23 That the Director of USPTO shall submit a spending plan
24 to the Committees on Appropriations of the House of Rep-
25 resentatives and the Senate for any amounts made available
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00131 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
132
1 by the preceding proviso and such spending plan shall be
2 treated as a reprogramming under section 505 of this Act
3 and shall not be available for obligation or expenditure ex-
4 cept in compliance with the procedures set forth in that sec-
5 tion: Provided further, That any amounts reprogrammed
6 in accordance with the preceding proviso shall be trans-
7 ferred to the United States Patent and Trademark Office
8 ‘‘Salaries and Expenses’’ account: Provided further, That
9 the budget of the President submitted for fiscal year 2022
10 under section 1105 of title 31, United States Code, shall
11 include within amounts provided under this heading for
12 necessary expenses of the USPTO any increases that are
13 expected to result from an increase promulgated through
14 rule or regulation in offsetting collections of fees and sur-
15 charges assessed and collected by the USPTO under any law
16 in either fiscal year 2021 or fiscal year 2022: Provided fur-
17 ther, That from amounts provided herein, not to exceed
18 $13,500 shall be made available in fiscal year 2021 for offi-
19 cial reception and representation expenses: Provided fur-
20 ther, That in fiscal year 2021 from the amounts made
21 available for ‘‘Salaries and Expenses’’ for the USPTO, the
22 amounts necessary to pay (1) the difference between the per-
23 centage of basic pay contributed by the USPTO and em-
24 ployees under section 8334(a) of title 5, United States Code,
25 and the normal cost percentage (as defined by section
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00132 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
133
1 8331(17) of that title) as provided by the Office of Personnel
2 Management (OPM) for USPTO’s specific use, of basic pay,
3 of employees subject to subchapter III of chapter 83 of that
4 title, and (2) the present value of the otherwise unfunded
5 accruing costs, as determined by OPM for USPTO’s specific
6 use of post-retirement life insurance and post-retirement
7 health benefits coverage for all USPTO employees who are
8 enrolled in Federal Employees Health Benefits (FEHB)
9 and Federal Employees Group Life Insurance (FEGLI),
10 shall be transferred to the Civil Service Retirement and Dis-
11 ability Fund, the FEGLI Fund, and the Employees FEHB
12 Fund, as appropriate, and shall be available for the author-
13 ized purposes of those accounts: Provided further, That any
14 differences between the present value factors published in
15 OPM’s yearly 300 series benefit letters and the factors that
16 OPM provides for USPTO’s specific use shall be recognized
17 as an imputed cost on USPTO’s financial statements, where
18 applicable: Provided further, That, notwithstanding any
19 other provision of law, all fees and surcharges assessed and
20 collected by USPTO are available for USPTO only pursu-
21 ant to section 42(c) of title 35, United States Code, as
22 amended by section 22 of the Leahy-Smith America Invents
23 Act (Public Law 112–29): Provided further, That within
24 the amounts appropriated, $2,000,000 shall be transferred
25 to the ‘‘Office of Inspector General’’ account for activities
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00133 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
134
1 associated with carrying out investigations and audits re-
2 lated to the USPTO.
3 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
4 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
5 (INCLUDING TRANSFER OF FUNDS)
6 For necessary expenses of the National Institute of
7 Standards and Technology (NIST), $788,000,000, to re-
8 main available until expended, of which not to exceed
9 $9,000,000 may be transferred to the ‘‘Working Capital
10 Fund’’: Provided, That not to exceed $5,000 shall be for offi-
11 cial reception and representation expenses: Provided fur-
12 ther, That NIST may provide local transportation for sum-
13 mer undergraduate research fellowship program partici-
14 pants.
15 INDUSTRIAL TECHNOLOGY SERVICES
16 For necessary expenses for industrial technology serv-
17 ices, $166,500,000, to remain available until expended, of
18 which $150,000,000 shall be for the Hollings Manufacturing
19 Extension Partnership, and of which $16,500,000 shall be
20 for the Manufacturing USA Program (formerly known as
21 the National Network for Manufacturing Innovation).
22 CONSTRUCTION OF RESEARCH FACILITIES
23 For construction of new research facilities, including
24 architectural and engineering design, and for renovation
25 and maintenance of existing facilities, not otherwise pro-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00134 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
135
1 vided for the National Institute of Standards and Tech-
2 nology, as authorized by sections 13 through 15 of the Na-
3 tional Institute of Standards and Technology Act (15
4 U.S.C. 278c–278e), $80,000,000, to remain available until
5 expended: Provided, That the Secretary of Commerce shall
6 include in the budget justification materials for fiscal year
7 2022 that the Secretary submits to Congress in support of
8 the Department of Commerce budget (as submitted with the
9 budget of the President under section 1105(a) of title 31,
10 United States Code) an estimate for each National Institute
11 of Standards and Technology construction project having
12 a total multi-year program cost of more than $5,000,000,
13 and simultaneously the budget justification materials shall
14 include an estimate of the budgetary requirements for each
15 such project for each of the 5 subsequent fiscal years.
16 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
17 OPERATIONS, RESEARCH, AND FACILITIES
18 (INCLUDING TRANSFER OF FUNDS)
19 For necessary expenses of activities authorized by law
20 for the National Oceanic and Atmospheric Administration,
21 including maintenance, operation, and hire of aircraft and
22 vessels; pilot programs for State-led fisheries management,
23 notwithstanding any other provision of law; grants, con-
24 tracts, or other payments to nonprofit organizations for the
25 purposes of conducting activities pursuant to cooperative
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00135 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
136
1 agreements; and relocation of facilities, $3,840,300,000, to
2 remain available until September 30, 2022: Provided, That
3 fees and donations received by the National Ocean Service
4 for the management of national marine sanctuaries may
5 be retained and used for the salaries and expenses associated
6 with those activities, notwithstanding section 3302 of title
7 31, United States Code: Provided further, That in addition,
8 $246,171,000 shall be derived by transfer from the fund en-
9 titled ‘‘Promote and Develop Fishery Products and Re-
10 search Pertaining to American Fisheries’’, which shall only
11 be used for fishery activities related to the Saltonstall-Ken-
12 nedy Grant Program; Fisheries Data Collections, Surveys,
13 and Assessments; Fisheries Management Programs and
14 Services; and Interjurisdictional Fisheries Grants: Provided
15 further, That not to exceed $66,389,000 shall be for payment
16 to the ‘‘Department of Commerce Working Capital Fund’’:
17 Provided further, That of the $4,103,971,000 provided for
18 in direct obligations under this heading, $3,840,300,000 is
19 appropriated from the general fund, $246,171,000 is pro-
20 vided by transfer, and $17,500,000 is derived from recov-
21 eries of prior year obligations: Provided further, That any
22 deviation from the amounts designated for specific activities
23 in the explanatory statement described in section 4 (in the
24 matter preceding division A of this consolidated Act), or
25 any use of deobligated balances of funds provided under this
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00136 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
137
1 heading in previous years, shall be subject to the procedures
2 set forth in section 505 of this Act: Provided further, That
3 in addition, for necessary retired pay expenses under the
4 Retired Serviceman’s Family Protection and Survivor Ben-
5 efits Plan, and for payments for the medical care of retired
6 personnel and their dependents under the Dependents’ Med-
7 ical Care Act (10 U.S.C. ch. 55), such sums as may be nec-
8 essary.
9 PROCUREMENT, ACQUISITION AND CONSTRUCTION
10 (INCLUDING TRANSFER OF FUNDS)
11 For procurement, acquisition and construction of cap-
12 ital assets, including alteration and modification costs, of
13 the National Oceanic and Atmospheric Administration,
14 $1,532,558,000, to remain available until September 30,
15 2023, except that funds provided for acquisition and con-
16 struction of vessels and aircraft, and construction of facili-
17 ties shall remain available until expended: Provided, That
18 of the $1,545,558,000 provided for in direct obligations
19 under this heading, $1,532,558,000 is appropriated from
20 the general fund and $13,000,000 is provided from recov-
21 eries of prior year obligations: Provided further, That any
22 deviation from the amounts designated for specific activities
23 in the explanatory statement described in section 4 (in the
24 matter preceding division A of this consolidated Act), or
25 any use of deobligated balances of funds provided under this
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00137 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
138
1 heading in previous years, shall be subject to the procedures
2 set forth in section 505 of this Act: Provided further, That
3 the Secretary of Commerce shall include in budget justifica-
4 tion materials for fiscal year 2022 that the Secretary sub-
5 mits to Congress in support of the Department of Commerce
6 budget (as submitted with the budget of the President under
7 section 1105(a) of title 31, United States Code) an estimate
8 for each National Oceanic and Atmospheric Administration
9 procurement, acquisition or construction project having a
10 total of more than $5,000,000 and simultaneously the budg-
11 et justification shall include an estimate of the budgetary
12 requirements for each such project for each of the 5 subse-
13 quent fiscal years: Provided further, That, within the
14 amounts appropriated, $2,000,000 shall be transferred to
15 the ‘‘Office of Inspector General’’ account for activities asso-
16 ciated with carrying out investigations and audits related
17 to satellite procurement, acquisition and construction.
18 PACIFIC COASTAL SALMON RECOVERY
19 For necessary expenses associated with the restoration
20 of Pacific salmon populations, $65,000,000, to remain
21 available until September 30, 2022: Provided, That, of the
22 funds provided herein, the Secretary of Commerce may
23 issue grants to the States of Washington, Oregon, Idaho,
24 Nevada, California, and Alaska, and to the federally recog-
25 nized Tribes of the Columbia River and Pacific Coast (in-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00138 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
139
1 cluding Alaska), for projects necessary for conservation of
2 salmon and steelhead populations that are listed as threat-
3 ened or endangered, or that are identified by a State as
4 at-risk to be so listed, for maintaining populations nec-
5 essary for exercise of Tribal treaty fishing rights or native
6 subsistence fishing, or for conservation of Pacific coastal
7 salmon and steelhead habitat, based on guidelines to be de-
8 veloped by the Secretary of Commerce: Provided further,
9 That all funds shall be allocated based on scientific and
10 other merit principles and shall not be available for mar-
11 keting activities: Provided further, That funds disbursed to
12 States shall be subject to a matching requirement of funds
13 or documented in-kind contributions of at least 33 percent
14 of the Federal funds.
15 FISHERMEN’S CONTINGENCY FUND
16 For carrying out the provisions of title IV of Public
17 Law 95–372, not to exceed $349,000, to be derived from re-
18 ceipts collected pursuant to that Act, to remain available
19 until expended.
20 FISHERIES FINANCE PROGRAM ACCOUNT
21 Subject to section 502 of the Congressional Budget Act
22 of 1974, during fiscal year 2021, obligations of direct loans
23 may not exceed $24,000,000 for Individual Fishing Quota
24 loans and not to exceed $100,000,000 for traditional direct
25 loans as authorized by the Merchant Marine Act of 1936.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00139 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
140
1 DEPARTMENTAL MANAGEMENT
2 SALARIES AND EXPENSES
3 For necessary expenses for the management of the De-
4 partment of Commerce provided for by law, including not
5 to exceed $4,500 for official reception and representation,
6 $73,000,000: Provided, That no employee of the Department
7 of Commerce may be detailed or assigned from a bureau
8 or office funded by this Act or any other Act to offices with-
9 in the Office of the Secretary of the Department of Com-
10 merce for more than 90 days in a fiscal year unless the
11 individual’s employing bureau or office is fully reimbursed
12 for the salary and expenses of the employee for the entire
13 period of assignment using funds provided under this head-
14 ing. Provided further, That amounts made available to the
15 Department of Commerce in this or any prior Act may not
16 be transferred pursuant to section 508 of this or any prior
17 Act to the account funded under this heading, except in the
18 case of extraordinary circumstances that threaten life or
19 property.
20 RENOVATION AND MODERNIZATION
21 For necessary expenses for the renovation and mod-
22 ernization of the Herbert C. Hoover Building, $1,123,000.
23 NONRECURRING EXPENSES FUND
24 For necessary expenses for a business application sys-
25 tem modernization, $20,000,000, to remain available until
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00140 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
141
1 September 30, 2023: Provided, That any unobligated bal-
2 ances of expired discretionary funds transferred to the De-
3 partment of Commerce Nonrecurring Expenses Fund, as
4 authorized by section 111 of title I of division B of Public
5 Law 116ƒ93, may be obligated only after the Committees
6 on Appropriations of the House of Representatives and the
7 Senate are notified at least 15 days in advance of the
8 planned use of funds.
9 OFFICE OF INSPECTOR GENERAL
10 For necessary expenses of the Office of Inspector Gen-
11 eral in carrying out the provisions of the Inspector General
12 Act of 1978 (5 U.S.C. App.), $34,000,000: Provided, That
13 notwithstanding section 6413 of the Middle Class Tax Relief
14 and Job Creation Act of 2012 (Public Law 112–96), an
15 additional $2,000,000, to remain available until expended,
16 shall be derived from the Public Safety Trust Fund for ac-
17 tivities associated with carrying out investigations and au-
18 dits related to the First Responder Network Authority
19 (FirstNet).
20 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE
21 (INCLUDING TRANSFER OF FUNDS)
22 SEC. 101. During the current fiscal year, applicable
23 appropriations and funds made available to the Depart-
24 ment of Commerce by this Act shall be available for the
25 activities specified in the Act of October 26, 1949 (15 U.S.C.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00141 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
142
1 1514), to the extent and in the manner prescribed by the
2 Act, and, notwithstanding 31 U.S.C. 3324, may be used for
3 advanced payments not otherwise authorized only upon the
4 certification of officials designated by the Secretary of Com-
5 merce that such payments are in the public interest.
6 SEC. 102. During the current fiscal year, appropria-
7 tions made available to the Department of Commerce by
8 this Act for salaries and expenses shall be available for hire
9 of passenger motor vehicles as authorized by 31 U.S.C. 1343
10 and 1344; services as authorized by 5 U.S.C. 3109; and uni-
11 forms or allowances therefor, as authorized by law (5 U.S.C.
12 5901–5902).
13 SEC. 103. Not to exceed 5 percent of any appropriation
14 made available for the current fiscal year for the Depart-
15 ment of Commerce in this Act may be transferred between
16 such appropriations, but no such appropriation shall be in-
17 creased by more than 10 percent by any such transfers: Pro-
18 vided, That any transfer pursuant to this section shall be
19 treated as a reprogramming of funds under section 505 of
20 this Act and shall not be available for obligation or expendi-
21 ture except in compliance with the procedures set forth in
22 that section: Provided further, That the Secretary of Com-
23 merce shall notify the Committees on Appropriations at
24 least 15 days in advance of the acquisition or disposal of
25 any capital asset (including land, structures, and equip-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00142 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
143
1 ment) not specifically provided for in this Act or any other
2 law appropriating funds for the Department of Commerce.
3 SEC. 104. The requirements set forth by section 105
4 of the Commerce, Justice, Science, and Related Agencies
5 Appropriations Act, 2012 (Public Law 112–55), as amend-
6 ed by section 105 of title I of division B of Public Law
7 113–6, are hereby adopted by reference and made applicable
8 with respect to fiscal year 2021: Provided, That the life
9 cycle cost for the Joint Polar Satellite System is
10 $11,322,125,000, the life cycle cost of the Polar Follow On
11 Program is $6,837,900,000, the life cycle cost for the Geo-
12 stationary Operational Environmental Satellite R-Series
13 Program is $11,700,100,000, and the life cycle cost for the
14 Space Weather Follow On Program is $692,800,000.
15 SEC. 105. Notwithstanding any other provision of law,
16 the Secretary of Commerce may furnish services (including
17 but not limited to utilities, telecommunications, and secu-
18 rity services) necessary to support the operation, mainte-
19 nance, and improvement of space that persons, firms, or
20 organizations are authorized, pursuant to the Public Build-
21 ings Cooperative Use Act of 1976 or other authority, to use
22 or occupy in the Herbert C. Hoover Building, Washington,
23 DC, or other buildings, the maintenance, operation, and
24 protection of which has been delegated to the Secretary from
25 the Administrator of General Services pursuant to the Fed-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00143 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
144
1 eral Property and Administrative Services Act of 1949 on
2 a reimbursable or non-reimbursable basis. Amounts received
3 as reimbursement for services provided under this section
4 or the authority under which the use or occupancy of the
5 space is authorized, up to $200,000, shall be credited to the
6 appropriation or fund which initially bears the costs of
7 such services.
8 SEC. 106. Nothing in this title shall be construed to
9 prevent a grant recipient from deterring child pornography,
10 copyright infringement, or any other unlawful activity over
11 its networks.
12 SEC. 107. The Administrator of the National Oceanic
13 and Atmospheric Administration is authorized to use, with
14 their consent, with reimbursement and subject to the limits
15 of available appropriations, the land, services, equipment,
16 personnel, and facilities of any department, agency, or in-
17 strumentality of the United States, or of any State, local
18 government, Indian Tribal government, Territory, or pos-
19 session, or of any political subdivision thereof, or of any
20 foreign government or international organization, for pur-
21 poses related to carrying out the responsibilities of any stat-
22 ute administered by the National Oceanic and Atmospheric
23 Administration.
24 SEC. 108. The National Technical Information Service
25 shall not charge any customer for a copy of any report or
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00144 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
145
1 document generated by the Legislative Branch unless the
2 Service has provided information to the customer on how
3 an electronic copy of such report or document may be
4 accessed and downloaded for free online. Should a customer
5 still require the Service to provide a printed or digital copy
6 of the report or document, the charge shall be limited to
7 recovering the Service’s cost of processing, reproducing, and
8 delivering such report or document.
9 SEC. 109. To carry out the responsibilities of the Na-
10 tional Oceanic and Atmospheric Administration (NOAA),
11 the Administrator of NOAA is authorized to: (1) enter into
12 grants and cooperative agreements with; (2) use on a non-
13 reimbursable basis land, services, equipment, personnel, and
14 facilities provided by; and (3) receive and expend funds
15 made available on a consensual basis from: a Federal agen-
16 cy, State or subdivision thereof, local government, Tribal
17 government, Territory, or possession or any subdivisions
18 thereof: Provided, That funds received for permitting and
19 related regulatory activities pursuant to this section shall
20 be deposited under the heading ‘‘National Oceanic and At-
21 mospheric Administration—Operations, Research, and Fa-
22 cilities’’ and shall remain available until September 30,
23 2022, for such purposes: Provided further, That all funds
24 within this section and their corresponding uses are subject
25 to section 505 of this Act.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00145 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
146
1 SEC. 110. Amounts provided by this Act or by any
2 prior appropriations Act that remain available for obliga-
3 tion, for necessary expenses of the programs of the Econom-
4 ics and Statistics Administration of the Department of
5 Commerce, including amounts provided for programs of the
6 Bureau of Economic Analysis and the Bureau of the Cen-
7 sus, shall be available for expenses of cooperative agreements
8 with appropriate entities, including any Federal, State, or
9 local governmental unit, or institution of higher education,
10 to aid and promote statistical, research, and methodology
11 activities which further the purposes for which such
12 amounts have been made available.
13 SEC. 111. Amounts provided by this Act for the Hol-
14 lings Manufacturing Extension Partnership under the
15 heading ‘‘National Institute of Standards and Tech-
16 nology—Industrial Technology Services’’ shall not be sub-
17 ject to cost share requirements under 15 U.S.C. 278k(e)(2):
18 Provided, That the authority made available pursuant to
19 this section shall be elective for any Manufacturing Exten-
20 sion Partnership Center that also receives funding from a
21 State that is conditioned upon the application of a Federal
22 cost sharing requirement.
23 SEC. 112. The Secretary of Commerce, or the designee
24 of the Secretary, may waive the matching requirements
25 under sections 306 and 306A, and the cost sharing require-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00146 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
147
1 ments under section 315, of the Coastal Zone Management
2 Act of 1972 (16 U.S.C. 1455, 1455a, and 1461) as necessary
3 for amounts made available under this Act under the head-
4 ing ‘‘Operations, Research, and Facilities’’ under the head-
5 ing ‘‘National Oceanic and Atmospheric Administration’’.
6 SEC. 113. Of unobligated balances of amounts provided
7 to the Bureau of the Census under this or any prior appro-
8 priations Act, up to $208,000,000 may be transferred to
9 the Bureau of the Census Working Capital Fund for infor-
10 mation and business technology system modernization and
11 facilities infrastructure improvements necessary for the op-
12 erations of the Bureau: Provided, That the amounts pre-
13 viously provided by the Congress for the 2020 Census re-
14 main available only for the period of time as provided when
15 initially enacted: Provided further, That this transfer au-
16 thority is in addition to any other transfer authority in
17 this Act: Provided further, That no amounts may be trans-
18 ferred that were previously designated by the Congress for
19 the 2020 Census pursuant to section 251(b)(2)(G) of the
20 Balanced Budget and Emergency Deficit Control Act of
21 1985, as amended: Provided further, That such amounts
22 may be obligated only after the Committees on Appropria-
23 tions of the House of Representatives and the Senate are
24 notified at least 15 days in advance of the planned use of
25 funds.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00147 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
148
1 This title may be cited as the ‘‘Department of Com-
2 merce Appropriations Act, 2021’’.
3 TITLE II
4 DEPARTMENT OF JUSTICE
5 GENERAL ADMINISTRATION
6 SALARIES AND EXPENSES
7 For expenses necessary for the administration of the
8 Department of Justice, $119,000,000, of which not to exceed
9 $4,000,000 for security and construction of Department of
10 Justice facilities shall remain available until expended.
11 JUSTICE INFORMATION SHARING TECHNOLOGY
12 (INCLUDING TRANSFER OF FUNDS)
13 For necessary expenses for information sharing tech-
14 nology, including planning, development, deployment and
15 departmental direction, $34,000,000, to remain available
16 until expended: Provided, That the Attorney General may
17 transfer up to $40,000,000 to this account, from funds
18 available to the Department of Justice for information tech-
19 nology, to remain available until expended, for enterprise-
20 wide information technology initiatives: Provided further,
21 That the transfer authority in the preceding proviso is in
22 addition to any other transfer authority contained in this
23 Act: Provided further, That any transfer pursuant to the
24 first proviso shall be treated as a reprogramming under sec-
25 tion 505 of this Act and shall not be available for obligation
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00148 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
149
1 or expenditure except in compliance with the procedures set
2 forth in that section.
3 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
4 (INCLUDING TRANSFER OF FUNDS)
5 For expenses necessary for the administration of immi-
6 gration-related activities of the Executive Office for Immi-
7 gration Review, $734,000,000, of which $4,000,000 shall be
8 derived by transfer from the Executive Office for Immigra-
9 tion Review fees deposited in the ‘‘Immigration Examina-
10 tions Fee’’ account, and of which not less than $22,500,000
11 shall be available for services and activities provided by the
12 Legal Orientation Program: Provided, That not to exceed
13 $35,000,000 of the total amount made available under this
14 heading shall remain available until expended.
15 OFFICE OF INSPECTOR GENERAL
16 For necessary expenses of the Office of Inspector Gen-
17 eral, $110,565,000, including not to exceed $10,000 to meet
18 unforeseen emergencies of a confidential character: Pro-
19 vided, That not to exceed $4,000,000 shall remain available
20 until September 30, 2022.
21 UNITED STATES PAROLE COMMISSION
22 SALARIES AND EXPENSES
23 For necessary expenses of the United States Parole
24 Commission as authorized, $13,539,000: Provided, That,
25 notwithstanding any other provision of law, upon the expi-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00149 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
150
1 ration of a term of office of a Commissioner, the Commis-
2 sioner may continue to act until a successor has been ap-
3 pointed.
4 LEGAL ACTIVITIES
5 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
6 (INCLUDING TRANSFER OF FUNDS)
7 For expenses necessary for the legal activities of the
8 Department of Justice, not otherwise provided for, includ-
9 ing not to exceed $20,000 for expenses of collecting evidence,
10 to be expended under the direction of, and to be accounted
11 for solely under the certificate of, the Attorney General; the
12 administration of pardon and clemency petitions; and rent
13 of private or Government-owned space in the District of Co-
14 lumbia, $960,000,000, of which not to exceed $20,000,000
15 for litigation support contracts shall remain available until
16 expended: Provided, That of the amount provided for
17 INTERPOL Washington dues payments, not to exceed
18 $685,000 shall remain available until expended: Provided
19 further, That of the total amount appropriated, not to ex-
20 ceed $9,000 shall be available to INTERPOL Washington
21 for official reception and representation expenses: Provided
22 further, That of the total amount appropriated, not to ex-
23 ceed $9,000 shall be available to the Criminal Division for
24 official reception and representation expenses: Provided fur-
25 ther, That notwithstanding section 205 of this Act, upon
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00150 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
151
1 a determination by the Attorney General that emergent cir-
2 cumstances require additional funding for litigation activi-
3 ties of the Civil Division, the Attorney General may trans-
4 fer such amounts to ‘‘Salaries and Expenses, General Legal
5 Activities’’ from available appropriations for the current
6 fiscal year for the Department of Justice, as may be nec-
7 essary to respond to such circumstances: Provided further,
8 That any transfer pursuant to the preceding proviso shall
9 be treated as a reprogramming under section 505 of this
10 Act and shall not be available for obligation or expenditure
11 except in compliance with the procedures set forth in that
12 section: Provided further, That of the amount appropriated,
13 such sums as may be necessary shall be available to the
14 Civil Rights Division for salaries and expenses associated
15 with the election monitoring program under section 8 of
16 the Voting Rights Act of 1965 (52 U.S.C. 10305) and to
17 reimburse the Office of Personnel Management for such sal-
18 aries and expenses: Provided further, That of the amounts
19 provided under this heading for the election monitoring
20 program, $3,390,000 shall remain available until expended:
21 Provided further, That of the amount appropriated, not less
22 than $195,754,000 shall be available for the Criminal Divi-
23 sion, including related expenses for the Mutual Legal Assist-
24 ance Treaty Program.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00151 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
152
1 In addition, for expenses of the Department of Justice
2 associated with processing cases under the National Child-
3 hood Vaccine Injury Act of 1986, not to exceed $17,000,000,
4 to be appropriated from the Vaccine Injury Compensation
5 Trust Fund and to remain available until expended.
6 SALARIES AND EXPENSES, ANTITRUST DIVISION
7 For expenses necessary for the enforcement of antitrust
8 and kindred laws, $184,524,000, to remain available until
9 expended: Provided, That notwithstanding any other provi-
10 sion of law, fees collected for premerger notification filings
11 under the Hart-Scott-Rodino Antitrust Improvements Act
12 of 1976 (15 U.S.C. 18a), regardless of the year of collection
13 (and estimated to be $150,000,000 in fiscal year 2021),
14 shall be retained and used for necessary expenses in this
15 appropriation, and shall remain available until expended:
16 Provided further, That the sum herein appropriated from
17 the general fund shall be reduced as such offsetting collec-
18 tions are received during fiscal year 2021, so as to result
19 in a final fiscal year 2021 appropriation from the general
20 fund estimated at $34,524,000.
21 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
22 For necessary expenses of the Offices of the United
23 States Attorneys, including inter-governmental and cooper-
24 ative agreements, $2,342,177,000: Provided, That of the
25 total amount appropriated, not to exceed $7,200 shall be
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00152 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
153
1 available for official reception and representation expenses:
2 Provided further, That not to exceed $25,000,000 shall re-
3 main available until expended: Provided further, That each
4 United States Attorney shall establish or participate in a
5 task force on human trafficking.
6 UNITED STATES TRUSTEE SYSTEM FUND
7 For necessary expenses of the United States Trustee
8 Program, as authorized, $232,361,000, to remain available
9 until expended: Provided, That, notwithstanding any other
10 provision of law, deposits to the United States Trustee Sys-
11 tem Fund and amounts herein appropriated shall be avail-
12 able in such amounts as may be necessary to pay refunds
13 due depositors: Provided further, That, notwithstanding
14 any other provision of law, fees deposited into the Fund
15 pursuant to section 589a(b) of title 28, United States Code
16 (as limited by section 1004(b) of the Bankruptcy Judgeship
17 Act of 2017 (division B of Public Law 115–72)), shall be
18 retained and used for necessary expenses in this appropria-
19 tion and shall remain available until expended: Provided
20 further, That to the extent that fees deposited into the Fund
21 in fiscal year 2021, net of amounts necessary to pay refunds
22 due depositors, exceed $232,361,000, those excess amounts
23 shall be available in future fiscal years only to the extent
24 provided in advance in appropriations Acts: Provided fur-
25 ther, That the sum herein appropriated from the general
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00153 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
154
1 fund shall be reduced (1) as such fees are received during
2 fiscal year 2021, net of amounts necessary to pay refunds
3 due depositors, (estimated at $318,000,000) and (2) to the
4 extent that any remaining general fund appropriations can
5 be derived from amounts deposited in the Fund in previous
6 fiscal years that are not otherwise appropriated, so as to
7 result in a final fiscal year 2021 appropriation from the
8 general fund estimated at $0.
9 SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT
10 COMMISSION
11 For expenses necessary to carry out the activities of
12 the Foreign Claims Settlement Commission, including serv-
13 ices as authorized by section 3109 of title 5, United States
14 Code, $2,366,000.
15 FEES AND EXPENSES OF WITNESSES
16 For fees and expenses of witnesses, for expenses of con-
17 tracts for the procurement and supervision of expert wit-
18 nesses, for private counsel expenses, including advances,
19 and for expenses of foreign counsel, $270,000,000, to remain
20 available until expended, of which not to exceed $16,000,000
21 is for construction of buildings for protected witness
22 safesites; not to exceed $3,000,000 is for the purchase and
23 maintenance of armored and other vehicles for witness secu-
24 rity caravans; and not to exceed $25,000,000 is for the pur-
25 chase, installation, maintenance, and upgrade of secure
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00154 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
155
1 telecommunications equipment and a secure automated in-
2 formation network to store and retrieve the identities and
3 locations of protected witnesses: Provided, That amounts
4 made available under this heading may not be transferred
5 pursuant to section 205 of this Act.
6 SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
7 (INCLUDING TRANSFER OF FUNDS)
8 For necessary expenses of the Community Relations
9 Service, $18,000,000: Provided, That notwithstanding sec-
10 tion 205 of this Act, upon a determination by the Attorney
11 General that emergent circumstances require additional
12 funding for conflict resolution and violence prevention ac-
13 tivities of the Community Relations Service, the Attorney
14 General may transfer such amounts to the Community Re-
15 lations Service, from available appropriations for the cur-
16 rent fiscal year for the Department of Justice, as may be
17 necessary to respond to such circumstances: Provided fur-
18 ther, That any transfer pursuant to the preceding proviso
19 shall be treated as a reprogramming under section 505 of
20 this Act and shall not be available for obligation or expendi-
21 ture except in compliance with the procedures set forth in
22 that section.
23 ASSETS FORFEITURE FUND
24 For expenses authorized by subparagraphs (B), (F),
25 and (G) of section 524(c)(1) of title 28, United States Code,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00155 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
156
1 $20,514,000, to be derived from the Department of Justice
2 Assets Forfeiture Fund.
3 UNITED STATES MARSHALS SERVICE
4 SALARIES AND EXPENSES
5 For necessary expenses of the United States Marshals
6 Service, $1,496,000,000, of which not to exceed $6,000 shall
7 be available for official reception and representation ex-
8 penses, and not to exceed $25,000,000 shall remain avail-
9 able until expended.
10 CONSTRUCTION
11 For construction in space that is controlled, occupied,
12 or utilized by the United States Marshals Service for pris-
13 oner holding and related support, $15,000,000, to remain
14 available until expended.
15 FEDERAL PRISONER DETENTION
16 For necessary expenses related to United States pris-
17 oners in the custody of the United States Marshals Service
18 as authorized by section 4013 of title 18, United States
19 Code, $2,046,609,000, to remain available until expended:
20 Provided, That not to exceed $20,000,000 shall be considered
21 ‘‘funds appropriated for State and local law enforcement
22 assistance’’ pursuant to section 4013(b) of title 18, United
23 States Code: Provided further, That the United States Mar-
24 shals Service shall be responsible for managing the Justice
25 Prisoner and Alien Transportation System.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00156 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
157
1 NATIONAL SECURITY DIVISION
2 SALARIES AND EXPENSES
3 (INCLUDING TRANSFER OF FUNDS)
4 For expenses necessary to carry out the activities of
5 the National Security Division, $117,451,000, of which not
6 to exceed $5,000,000 for information technology systems
7 shall remain available until expended: Provided, That not-
8 withstanding section 205 of this Act, upon a determination
9 by the Attorney General that emergent circumstances re-
10 quire additional funding for the activities of the National
11 Security Division, the Attorney General may transfer such
12 amounts to this heading from available appropriations for
13 the current fiscal year for the Department of Justice, as
14 may be necessary to respond to such circumstances: Pro-
15 vided further, That any transfer pursuant to the preceding
16 proviso shall be treated as a reprogramming under section
17 505 of this Act and shall not be available for obligation
18 or expenditure except in compliance with the procedures set
19 forth in that section.
20 INTERAGENCY LAW ENFORCEMENT
21 INTERAGENCY CRIME AND DRUG ENFORCEMENT
22 For necessary expenses for the identification, inves-
23 tigation, and prosecution of individuals associated with the
24 most significant drug trafficking organizations,
25 transnational organized crime, and money laundering or-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00157 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
158
1 ganizations not otherwise provided for, to include inter-gov-
2 ernmental agreements with State and local law enforcement
3 agencies engaged in the investigation and prosecution of in-
4 dividuals involved in transnational organized crime and
5 drug trafficking, $550,458,000, of which $50,000,000 shall
6 remain available until expended: Provided, That any
7 amounts obligated from appropriations under this heading
8 may be used under authorities available to the organiza-
9 tions reimbursed from this appropriation.
10 FEDERAL BUREAU OF INVESTIGATION
11 SALARIES AND EXPENSES
12 For necessary expenses of the Federal Bureau of Inves-
13 tigation for detection, investigation, and prosecution of
14 crimes against the United States, $9,748,686,000, of which
15 not to exceed $216,900,000 shall remain available until ex-
16 pended: Provided, That not to exceed $284,000 shall be
17 available for official reception and representation expenses.
18 CONSTRUCTION
19 For necessary expenses, to include the cost of equip-
20 ment, furniture, and information technology requirements,
21 related to construction or acquisition of buildings, facilities,
22 and sites by purchase, or as otherwise authorized by law;
23 conversion, modification, and extension of federally owned
24 buildings; preliminary planning and design of projects; and
25 operation and maintenance of secure work environment fa-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00158 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
159
1 cilities and secure networking capabilities; $566,100,000, to
2 remain available until expended.
3 DRUG ENFORCEMENT ADMINISTRATION
4 SALARIES AND EXPENSES
5 For necessary expenses of the Drug Enforcement Ad-
6 ministration, including not to exceed $70,000 to meet un-
7 foreseen emergencies of a confidential character pursuant
8 to section 530C of title 28, United States Code; and expenses
9 for conducting drug education and training programs, in-
10 cluding travel and related expenses for participants in such
11 programs and the distribution of items of token value that
12 promote the goals of such programs, $2,336,263,000, of
13 which not to exceed $75,000,000 shall remain available
14 until expended and not to exceed $90,000 shall be available
15 for official reception and representation expenses: Provided,
16 That, notwithstanding section 3672 of Public Law 106–310,
17 up to $10,000,000 may be used to reimburse States, units
18 of local government, Indian Tribal Governments, other pub-
19 lic entities, and multi-jurisdictional or regional consortia
20 thereof for expenses incurred to clean up and safely dispose
21 of substances associated with clandestine methamphetamine
22 laboratories, conversion and extraction operations, tableting
23 operations, or laboratories and processing operations for
24 fentanyl and fentanyl-related substances which may present
25 a danger to public health or the environment.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00159 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
160
1 CONSTRUCTION
2 For necessary expenses, to include the cost of prelimi-
3 nary planning and design, equipment, furniture, and infor-
4 mation technology requirements, related to the construction
5 or acquisition of buildings, facilities, and sites by purchase,
6 or as otherwise authorized by law, for the addition of a lab-
7 oratory and warehouse to meet the demand of testing drugs,
8 including fentanyl, $50,000,000, to remain available until
9 expended.
10 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND
11 EXPLOSIVES
12 SALARIES AND EXPENSES
13 For necessary expenses of the Bureau of Alcohol, To-
14 bacco, Firearms and Explosives, for training of State and
15 local law enforcement agencies with or without reimburse-
16 ment, including training in connection with the training
17 and acquisition of canines for explosives and fire
18 accelerants detection; and for provision of laboratory assist-
19 ance to State and local law enforcement agencies, with or
20 without reimbursement, $1,483,887,000, of which not to ex-
21 ceed $36,000 shall be for official reception and representa-
22 tion expenses, not to exceed $1,000,000 shall be available
23 for the payment of attorneys’ fees as provided by section
24 924(d)(2) of title 18, United States Code, and not to exceed
25 $25,000,000 shall remain available until expended: Pro-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00160 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
161
1 vided, That none of the funds appropriated herein shall be
2 available to investigate or act upon applications for relief
3 from Federal firearms disabilities under section 925(c) of
4 title 18, United States Code: Provided further, That such
5 funds shall be available to investigate and act upon appli-
6 cations filed by corporations for relief from Federal fire-
7 arms disabilities under section 925(c) of title 18, United
8 States Code: Provided further, That no funds made avail-
9 able by this or any other Act may be used to transfer the
10 functions, missions, or activities of the Bureau of Alcohol,
11 Tobacco, Firearms and Explosives to other agencies or De-
12 partments.
13 FEDERAL PRISON SYSTEM
14 SALARIES AND EXPENSES
15 (INCLUDING TRANSFER OF FUNDS)
16 For necessary expenses of the Federal Prison System
17 for the administration, operation, and maintenance of Fed-
18 eral penal and correctional institutions, and for the provi-
19 sion of technical assistance and advice on corrections re-
20 lated issues to foreign governments, $7,708,375,000, of
21 which not less than $409,483,000 shall be for the programs
22 and activities authorized by the First Step Act of 2018
23 (Public Law 115–391): Provided, That the Attorney Gen-
24 eral may transfer to the Department of Health and Human
25 Services such amounts as may be necessary for direct ex-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00161 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
162
1 penditures by that Department for medical relief for in-
2 mates of Federal penal and correctional institutions: Pro-
3 vided further, That the Director of the Federal Prison Sys-
4 tem, where necessary, may enter into contracts with a fiscal
5 agent or fiscal intermediary claims processor to determine
6 the amounts payable to persons who, on behalf of the Fed-
7 eral Prison System, furnish health services to individuals
8 committed to the custody of the Federal Prison System: Pro-
9 vided further, That not to exceed $5,400 shall be available
10 for official reception and representation expenses: Provided
11 further, That not to exceed $50,000,000 shall remain avail-
12 able until expended for necessary operations: Provided fur-
13 ther, That, of the amounts provided for contract confine-
14 ment, not to exceed $20,000,000 shall remain available
15 until expended to make payments in advance for grants,
16 contracts and reimbursable agreements, and other expenses:
17 Provided further, That the Director of the Federal Prison
18 System may accept donated property and services relating
19 to the operation of the prison card program from a not-
20 for-profit entity which has operated such program in the
21 past, notwithstanding the fact that such not-for-profit enti-
22 ty furnishes services under contracts to the Federal Prison
23 System relating to the operation of pre-release services, half-
24 way houses, or other custodial facilities.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00162 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
163
1 BUILDINGS AND FACILITIES
2 For planning, acquisition of sites, and construction of
3 new facilities; purchase and acquisition of facilities and re-
4 modeling, and equipping of such facilities for penal and
5 correctional use, including all necessary expenses incident
6 thereto, by contract or force account; and constructing, re-
7 modeling, and equipping necessary buildings and facilities
8 at existing penal and correctional institutions, including
9 all necessary expenses incident thereto, by contract or force
10 account, $127,000,000, to remain available until expended:
11 Provided, That labor of United States prisoners may be
12 used for work performed under this appropriation.
13 FEDERAL PRISON INDUSTRIES, INCORPORATED
14 The Federal Prison Industries, Incorporated, is hereby
15 authorized to make such expenditures within the limits of
16 funds and borrowing authority available, and in accord
17 with the law, and to make such contracts and commitments
18 without regard to fiscal year limitations as provided by sec-
19 tion 9104 of title 31, United States Code, as may be nec-
20 essary in carrying out the program set forth in the budget
21 for the current fiscal year for such corporation.
22 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL
23 PRISON INDUSTRIES, INCORPORATED
24 Not to exceed $2,700,000 of the funds of the Federal
25 Prison Industries, Incorporated, shall be available for its
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00163 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
164
1 administrative expenses, and for services as authorized by
2 section 3109 of title 5, United States Code, to be computed
3 on an accrual basis to be determined in accordance with
4 the corporation’s current prescribed accounting system, and
5 such amounts shall be exclusive of depreciation, payment
6 of claims, and expenditures which such accounting system
7 requires to be capitalized or charged to cost of commodities
8 acquired or produced, including selling and shipping ex-
9 penses, and expenses in connection with acquisition, con-
10 struction, operation, maintenance, improvement, protec-
11 tion, or disposition of facilities and other property belong-
12 ing to the corporation or in which it has an interest.
13 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES
14 OFFICE ON VIOLENCE AGAINST WOMEN
15 VIOLENCE AGAINST WOMEN PREVENTION AND
16 PROSECUTION PROGRAMS
17 (INCLUDING TRANSFER OF FUNDS)
18 For grants, contracts, cooperative agreements, and
19 other assistance for the prevention and prosecution of vio-
20 lence against women, as authorized by the Omnibus Crime
21 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et
22 seq.) (‘‘the 1968 Act’’); the Violent Crime Control and Law
23 Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994
24 Act’’); the Victims of Child Abuse Act of 1990 (Public Law
25 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00164 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
165
1 Other Tools to end the Exploitation of Children Today Act
2 of 2003 (Public Law 108–21); the Juvenile Justice and De-
3 linquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.)
4 (‘‘the 1974 Act’’); the Victims of Trafficking and Violence
5 Protection Act of 2000 (Public Law 106–386) (‘‘the 2000
6 Act’’); the Violence Against Women and Department of Jus-
7 tice Reauthorization Act of 2005 (Public Law 109–162)
8 (‘‘the 2005 Act’’); the Violence Against Women Reauthoriza-
9 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the
10 Rape Survivor Child Custody Act of 2015 (Public Law
11 114–22) (‘‘the 2015 Act’’); and the Abolish Human Traf-
12 ficking Act (Public Law 115–392); and for related victims
13 services, $513,500,000, to remain available until expended,
14 of which $435,000,000 shall be derived by transfer from
15 amounts available for obligation in this Act from the Fund
16 established by section 1402 of chapter XIV of title II of Pub-
17 lic Law 98–473 (34 U.S.C. 20101), notwithstanding section
18 1402(d) of such Act of 1984, and merged with the amounts
19 otherwise made available under this heading: Provided,
20 That except as otherwise provided by law, not to exceed 5
21 percent of funds made available under this heading may
22 be used for expenses related to evaluation, training, and
23 technical assistance: Provided further, That any balances
24 remaining available from prior year appropriations under
25 this heading for tracking violence against Indian women,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00165 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
166
1 as authorized by section 905 of the 2005 Act, shall also be
2 available to enhance the ability of Tribal Government enti-
3 ties to access, enter information into, and obtain informa-
4 tion from, Federal criminal information databases, as au-
5 thorized by section 534 of title 28, United States Code: Pro-
6 vided further, That some or all of such balances may be
7 transferred, at the discretion of the Attorney General, to
8 ‘‘General Administration, Justice Information Sharing
9 Technology’’ for the Tribal Access Program for national
10 crime information in furtherance of this purpose: Provided
11 further, That the authority to transfer funds under the pre-
12 vious proviso shall be in addition to any other transfer au-
13 thority contained in this Act: Provided further, That of the
14 amount provided—
15 (1) $215,000,000 is for grants to combat violence
16 against women, as authorized by part T of the 1968
17 Act;
18 (2) $40,000,000 is for transitional housing as-
19 sistance grants for victims of domestic violence, dat-
20 ing violence, stalking, or sexual assault as authorized
21 by section 40299 of the 1994 Act;
22 (3) $2,500,000 is for the National Institute of
23 Justice and the Bureau of Justice Statistics for re-
24 search, evaluation, and statistics of violence against
25 women and related issues addressed by grant pro-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00166 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
167
1 grams of the Office on Violence Against Women,
2 which shall be transferred to ‘‘Research, Evaluation
3 and Statistics’’ for administration by the Office of
4 Justice Programs;
5 (4) $12,000,000 is for a grant program to pro-
6 vide services to advocate for and respond to youth vic-
7 tims of domestic violence, dating violence, sexual as-
8 sault, and stalking; assistance to children and youth
9 exposed to such violence; programs to engage men and
10 youth in preventing such violence; and assistance to
11 middle and high school students through education
12 and other services related to such violence: Provided,
13 That unobligated balances available for the programs
14 authorized by sections 41201, 41204, 41303, and
15 41305 of the 1994 Act, prior to its amendment by the
16 2013 Act, shall be available for this program: Pro-
17 vided further, That 10 percent of the total amount
18 available for this grant program shall be available for
19 grants under the program authorized by section 2015
20 of the 1968 Act: Provided further, That the definitions
21 and grant conditions in section 40002 of the 1994 Act
22 shall apply to this program;
23 (5) $53,000,000 is for grants to encourage arrest
24 policies as authorized by part U of the 1968 Act, of
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00167 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
168
1 which $4,000,000 is for a homicide reduction initia-
2 tive;
3 (6) $41,000,000 is for sexual assault victims as-
4 sistance, as authorized by section 41601 of the 1994
5 Act;
6 (7) $45,000,000 is for rural domestic violence
7 and child abuse enforcement assistance grants, as au-
8 thorized by section 40295 of the 1994 Act;
9 (8) $20,000,000 is for grants to reduce violent
10 crimes against women on campus, as authorized by
11 section 304 of the 2005 Act;
12 (9) $47,000,000 is for legal assistance for vic-
13 tims, as authorized by section 1201 of the 2000 Act;
14 (10) $5,500,000 is for enhanced training and
15 services to end violence against and abuse of women
16 in later life, as authorized by section 40801 of the
17 1994 Act;
18 (11) $18,000,000 is for grants to support fami-
19 lies in the justice system, as authorized by section
20 1301 of the 2000 Act: Provided, That unobligated bal-
21 ances available for the programs authorized by section
22 1301 of the 2000 Act and section 41002 of the 1994
23 Act, prior to their amendment by the 2013 Act, shall
24 be available for this program;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00168 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
169
1 (12) $6,500,000 is for education and training to
2 end violence against and abuse of women with dis-
3 abilities, as authorized by section 1402 of the 2000
4 Act;
5 (13) $1,000,000 is for the National Resource
6 Center on Workplace Responses to assist victims of
7 domestic violence, as authorized by section 41501 of
8 the 1994 Act;
9 (14) $1,000,000 is for analysis and research on
10 violence against Indian women, including as author-
11 ized by section 904 of the 2005 Act: Provided, That
12 such funds may be transferred to ‘‘Research, Evalua-
13 tion and Statistics’’ for administration by the Office
14 of Justice Programs;
15 (15) $500,000 is for a national clearinghouse
16 that provides training and technical assistance on
17 issues relating to sexual assault of American Indian
18 and Alaska Native women;
19 (16) $4,000,000 is for grants to assist Tribal
20 Governments in exercising special domestic violence
21 criminal jurisdiction, as authorized by section 904 of
22 the 2013 Act: Provided, That the grant conditions in
23 section 40002(b) of the 1994 Act shall apply to this
24 program; and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00169 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
170
1 (17) $1,500,000 is for the purposes authorized
2 under the 2015 Act.
3 OFFICE OF JUSTICE PROGRAMS
4 RESEARCH, EVALUATION AND STATISTICS
5 For grants, contracts, cooperative agreements, and
6 other assistance authorized by title I of the Omnibus Crime
7 Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
8 Violent Crime Control and Law Enforcement Act of 1994
9 (Public Law 103–322) (‘‘the 1994 Act’’); the Juvenile Jus-
10 tice and Delinquency Prevention Act of 1974 (‘‘the 1974
11 Act’’); the Missing Children’s Assistance Act (34 U.S.C.
12 11291 et seq.); the Prosecutorial Remedies and Other Tools
13 to end the Exploitation of Children Today Act of 2003
14 (Public Law 108–21) (‘‘the PROTECT Act’’); the Justice
15 for All Act of 2004 (Public Law 108–405); the Violence
16 Against Women and Department of Justice Reauthorization
17 Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
18 Victims of Child Abuse Act of 1990 (Public Law 101–647);
19 the Second Chance Act of 2007 (Public Law 110–199); the
20 Victims of Crime Act of 1984 (Public Law 98–473); the
21 Adam Walsh Child Protection and Safety Act of 2006 (Pub-
22 lic Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT
23 Our Children Act of 2008 (Public Law 110–401); subtitle
24 C of title II of the Homeland Security Act of 2002 (Public
25 Law 107–296) (‘‘the 2002 Act’’); the Prison Rape Elimi-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00170 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
171
1 nation Act of 2003 (Public Law 108–79) (‘‘PREA’’); the
2 NICS Improvement Amendments Act of 2007 (Public Law
3 110–180); the Violence Against Women Reauthorization Act
4 of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); the Com-
5 prehensive Addiction and Recovery Act of 2016 (Public
6 Law 114–198); the First Step Act of 2018 (Public Law
7 115–391); and other programs, $82,000,000, to remain
8 available until expended, of which—
9 (1) $45,000,000 is for criminal justice statistics
10 programs, and other activities, as authorized by part
11 C of title I of the 1968 Act, of which $3,000,000 is
12 for a data collection on law enforcement suicide; and
13 (2) $37,000,000 is for research, development, and
14 evaluation programs, and other activities as author-
15 ized by part B of title I of the 1968 Act and subtitle
16 C of title II of the 2002 Act, and for activities author-
17 ized by or consistent with the First Step Act of 2018,
18 of which $6,000,000 is for research targeted toward
19 developing a better understanding of the domestic
20 radicalization phenomenon, and advancing evidence-
21 based strategies for effective intervention and preven-
22 tion; $1,000,000 is for research to study the root
23 causes of school violence to include the impact and ef-
24 fectiveness of grants made under the STOP School Vi-
25 olence Act; $1,500,000 is for a national study to iden-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00171 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
172
1 tify improvements for law enforcement officials who
2 respond to and investigate child pornography crimes;
3 $4,000,000 is for the research, design, and testing of
4 a scalable national model to reduce incarceration
5 rates for minor probation and parole violations; and
6 not less than $2,000,000 is for research, testing, and
7 evaluation of the use of counter-unmanned aircraft
8 systems in support of law enforcement operations.
9 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
10 (INCLUDING TRANSFER OF FUNDS)
11 For grants, contracts, cooperative agreements, and
12 other assistance authorized by the Violent Crime Control
13 and Law Enforcement Act of 1994 (Public Law 103–322)
14 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe
15 Streets Act of 1968 (Public Law 90–351) (‘‘the 1968 Act’’);
16 the Justice for All Act of 2004 (Public Law 108–405); the
17 Victims of Child Abuse Act of 1990 (Public Law 101–647)
18 (‘‘the 1990 Act’’); the Trafficking Victims Protection Reau-
19 thorization Act of 2005 (Public Law 109–164); the Violence
20 Against Women and Department of Justice Reauthorization
21 Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the
22 Adam Walsh Child Protection and Safety Act of 2006 (Pub-
23 lic Law 109–248) (‘‘the Adam Walsh Act’’); the Victims of
24 Trafficking and Violence Protection Act of 2000 (Public
25 Law 106–386); the NICS Improvement Amendments Act of
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00172 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
173
1 2007 (Public Law 110–180); subtitle C of title II of the
2 Homeland Security Act of 2002 (Public Law 107–296)
3 (‘‘the 2002 Act’’); the Prison Rape Elimination Act of 2003
4 (Public Law 108–79); the Second Chance Act of 2007 (Pub-
5 lic Law 110–199); the Prioritizing Resources and Organi-
6 zation for Intellectual Property Act of 2008 (Public Law
7 110–403); the Victims of Crime Act of 1984 (Public Law
8 98–473); the Mentally Ill Offender Treatment and Crime
9 Reduction Reauthorization and Improvement Act of 2008
10 (Public Law 110–416); the Violence Against Women Reau-
11 thorization Act of 2013 (Public Law 113–4) (‘‘the 2013
12 Act’’); the Comprehensive Addiction and Recovery Act of
13 2016 (Public Law 114–198) (‘‘CARA’’); the Justice for All
14 Reauthorization Act of 2016 (Public Law 114–324); Kevin
15 and Avonte’s Law (division Q of Public Law 115–141)
16 (‘‘Kevin and Avonte’s Law’’); the Keep Young Athletes Safe
17 Act of 2018 (title III of division S of Public Law 115–
18 141) (‘‘the Keep Young Athletes Safe Act’’); the STOP
19 School Violence Act of 2018 (title V of division S of Public
20 Law 115–141) (‘‘the STOP School Violence Act’’); the Fix
21 NICS Act of 2018 (title VI of division S of Public Law
22 115–141); the Project Safe Neighborhoods Grant Program
23 Authorization Act of 2018 (Public Law 115–185); the SUP-
24 PORT for Patients and Communities Act (Public Law
25 115–271); the Second Chance Reauthorization Act of 2018
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00173 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
174
1 (Public Law 115–391); the Matthew Shepard and James
2 Byrd, Jr. Hate Crimes Prevention Act (Public Law 111–
3 84); the Ashanti Alert Act of 2018 (Public Law 115–401);
4 and other programs, $1,914,000,000, to remain available
5 until expended as follows—
6 (1) $484,000,000 for the Edward Byrne Memo-
7 rial Justice Assistance Grant program as authorized
8 by subpart 1 of part E of title I of the 1968 Act (ex-
9 cept that section 1001(c), and the special rules for
10 Puerto Rico under section 505(g), of title I of the
11 1968 Act shall not apply for purposes of this Act), of
12 which, notwithstanding such subpart 1—
13 (A) $13,000,000 is for an Officer Robert
14 Wilson III memorial initiative on Preventing
15 Violence Against Law Enforcement and Ensur-
16 ing Officer Resilience and Survivability
17 (VALOR);
18 (B) $8,000,000 is for an initiative to sup-
19 port evidence-based policing;
20 (C) $8,000,000 is for an initiative to en-
21 hance prosecutorial decision-making;
22 (D) $2,400,000 is for the operation, mainte-
23 nance, and expansion of the National Missing
24 and Unidentified Persons System;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00174 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
175
1 (E) $7,500,000 is for a grant program for
2 State and local law enforcement to provide offi-
3 cer training on responding to individuals with
4 mental illness or disabilities;
5 (F) $2,000,000 is for a student loan repay-
6 ment assistance program pursuant to section 952
7 of Public Law 110–315;
8 (G) $15,500,000 is for prison rape preven-
9 tion and prosecution grants to States and units
10 of local government, and other programs, as au-
11 thorized by the Prison Rape Elimination Act of
12 2003 (Public Law 108–79);
13 (H) $3,000,000 is for a grant program au-
14 thorized by Kevin and Avonte’s Law;
15 (I) $4,000,000 is for the establishment of a
16 national center on forensics at an accredited
17 university of higher education with affiliate
18 medical and law schools, in partnership with a
19 co-located full-service State department of foren-
20 sic science with a medical examiner function;
21 (J) $20,000,000 is for grants authorized
22 under the Project Safe Neighborhoods Grant Au-
23 thorization Act of 2018 (Public Law 115–185);
24 (K) $7,000,000 is for the Capital Litigation
25 Improvement Grant Program, as authorized by
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00175 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
176
1 section 426 of Public Law 108–405, and for
2 grants for wrongful conviction review;
3 (L) $14,000,000 is for community-based vi-
4 olence prevention initiatives;
5 (M) $3,000,000 is for a national center for
6 restorative justice;
7 (N) $1,000,000 is for the purposes of the
8 Ashanti Alert Network as authorized under the
9 Ashanti Alert Act of 2018 (Public Law 115–
10 401);
11 (O) $3,500,000 is for a grant program to
12 replicate family-based alternative sentencing
13 pilot programs;
14 (P) $1,000,000 is for a grant program to
15 support child advocacy training in post-sec-
16 ondary education;
17 (Q) $7,000,000 is for a rural violent crime
18 initiative, including assistance for law enforce-
19 ment;
20 (R) $2,000,000 is for grants to States and
21 units of local government to deploy managed ac-
22 cess systems to combat contraband cell phone use
23 in prison; and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00176 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
177
1 (S) $2,000,000 is for grants for development
2 of child-friendly family visitation spaces in cor-
3 rectional facilities;
4 (2) $244,000,000 for the State Criminal Alien
5 Assistance Program, as authorized by section
6 241(i)(5) of the Immigration and Nationality Act (8
7 U.S.C. 1231(i)(5)): Provided, That no jurisdiction
8 shall request compensation for any cost greater than
9 the actual cost for Federal immigration and other de-
10 tainees housed in State and local detention facilities;
11 (3) $85,000,000 for victim services programs for
12 victims of trafficking, as authorized by section
13 107(b)(2) of Public Law 106–386, for programs au-
14 thorized under Public Law 109–164, or programs au-
15 thorized under Public Law 113–4;
16 (4) $12,000,000 for economic, high technology,
17 white collar, and Internet crime prevention grants,
18 including as authorized by section 401 of Public Law
19 110–403, of which $2,500,000 is for competitive
20 grants that help State and local law enforcement
21 tackle intellectual property thefts, and $2,000,000 is
22 for grants to develop databases on Internet of Things
23 device capabilities and to build and execute training
24 modules for law enforcement;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00177 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
178
1 (5) $20,000,000 for sex offender management as-
2 sistance, as authorized by the Adam Walsh Act, and
3 related activities;
4 (6) $30,000,000 for the Patrick Leahy Bullet-
5 proof Vest Partnership Grant Program, as authorized
6 by section 2501 of title I of the 1968 Act: Provided,
7 That $1,500,000 is transferred directly to the Na-
8 tional Institute of Standards and Technology’s Office
9 of Law Enforcement Standards for research, testing,
10 and evaluation programs;
11 (7) $1,000,000 for the National Sex Offender
12 Public Website;
13 (8) $85,000,000 for grants to States to upgrade
14 criminal and mental health records for the National
15 Instant Criminal Background Check System, of which
16 no less than $25,000,000 shall be for grants made
17 under the authorities of the NICS Improvement
18 Amendments Act of 2007 (Public Law 110–180) and
19 Fix NICS Act of 2018;
20 (9) $33,000,000 for Paul Coverdell Forensic
21 Sciences Improvement Grants under part BB of title
22 I of the 1968 Act;
23 (10) $141,000,000 for DNA-related and forensic
24 programs and activities, of which—
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00178 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
179
1 (A) $110,000,000 is for the purposes author-
2 ized under section 2 of the DNA Analysis Back-
3 log Elimination Act of 2000 (Public Law 106–
4 546) (the Debbie Smith DNA Backlog Grant
5 Program): Provided, That up to 4 percent of
6 funds made available under this paragraph may
7 be used for the purposes described in the DNA
8 Training and Education for Law Enforcement,
9 Correctional Personnel, and Court Officers pro-
10 gram (Public Law 108–405, section 303);
11 (B) $19,000,000 for other local, State, and
12 Federal forensic activities;
13 (C) $8,000,000 is for the purposes described
14 in the Kirk Bloodsworth Post-Conviction DNA
15 Testing Grant Program (Public Law 108–405,
16 section 412); and
17 (D) $4,000,000 is for Sexual Assault Foren-
18 sic Exam Program grants, including as author-
19 ized by section 304 of Public Law 108–405;
20 (11) $48,000,000 for a grant program for com-
21 munity-based sexual assault response reform;
22 (12) $12,500,000 for the court-appointed special
23 advocate program, as authorized by section 217 of the
24 1990 Act;
25 (13) $46,000,000 for assistance to Indian Tribes;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00179 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
180
1 (14) $100,000,000 for offender reentry programs
2 and research, as authorized by the Second Chance Act
3 of 2007 (Public Law 110–199) and by the Second
4 Chance Reauthorization Act of 2018 (Public Law
5 115–391), without regard to the time limitations
6 specified at section 6(1) of such Act, of which not to
7 exceed $6,000,000 is for a program to improve State,
8 local, and Tribal probation or parole supervision ef-
9 forts and strategies; $5,000,000 is for Children of In-
10 carcerated Parents Demonstrations to enhance and
11 maintain parental and family relationships for in-
12 carcerated parents as a reentry or recidivism reduc-
13 tion strategy; and $4,500,000 is for additional rep-
14 lication sites employing the Project HOPE Oppor-
15 tunity Probation with Enforcement model imple-
16 menting swift and certain sanctions in probation, of
17 which no less than $500,000 shall be used for a
18 project that provides training, technical assistance,
19 and best practices: Provided, That up to $7,500,000
20 of funds made available in this paragraph may be
21 used for performance-based awards for Pay for Suc-
22 cess projects, of which up to $5,000,000 shall be for
23 Pay for Success programs implementing the Perma-
24 nent Supportive Housing Model;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00180 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
181
1 (15) $394,000,000 for comprehensive opioid
2 abuse reduction activities, including as authorized by
3 CARA, and for the following programs, which shall
4 address opioid, stimulant, and substance abuse reduc-
5 tion consistent with underlying program authori-
6 ties—
7 (A) $83,000,000 for Drug Courts, as author-
8 ized by section 1001(a)(25)(A) of title I of the
9 1968 Act;
10 (B) $35,000,000 for mental health courts
11 and adult and juvenile collaboration program
12 grants, as authorized by parts V and HH of title
13 I of the 1968 Act, and the Mentally Ill Offender
14 Treatment and Crime Reduction Reauthoriza-
15 tion and Improvement Act of 2008 (Public Law
16 110–416);
17 (C) $34,000,000 for grants for Residential
18 Substance Abuse Treatment for State Prisoners,
19 as authorized by part S of title I of the 1968 Act;
20 (D) $25,000,000 for a veterans treatment
21 courts program;
22 (E) $32,000,000 for a program to monitor
23 prescription drugs and scheduled listed chemical
24 products; and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00181 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
182
1 (F) $185,000,000 for a comprehensive
2 opioid, stimulant, and substance abuse program;
3 (16) $2,500,000 for a competitive grant program
4 authorized by the Keep Young Athletes Safe Act;
5 (17) $79,000,000 for grants to be administered
6 by the Bureau of Justice Assistance for purposes au-
7 thorized under the STOP School Violence Act;
8 (18) $2,000,000 for grants to State and local law
9 enforcement agencies for the expenses associated with
10 the investigation and prosecution of criminal offenses,
11 involving civil rights, authorized by the Emmett Till
12 Unsolved Civil Rights Crimes Reauthorization Act of
13 2016 (Public Law 114–325);
14 (19) $5,000,000 for grants to State, local, and
15 Tribal law enforcement agencies to conduct edu-
16 cational outreach and training on hate crimes and to
17 investigate and prosecute hate crimes, as authorized
18 by section 4704 of the Matthew Shepard and James
19 Byrd, Jr. Hate Crimes Prevention Act (Public Law
20 111–84); and
21 (20) $90,000,000 for initiatives to improve po-
22 lice-community relations, of which $35,000,000 is for
23 a competitive matching grant program for purchases
24 of body-worn cameras for State, local, and Tribal law
25 enforcement; $33,000,000 is for a justice reinvestment
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00182 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
183
1 initiative, for activities related to criminal justice re-
2 form and recidivism reduction; and $22,000,000 is for
3 an Edward Byrne Memorial criminal justice innova-
4 tion program:
5 Provided, That, if a unit of local government uses any of
6 the funds made available under this heading to increase the
7 number of law enforcement officers, the unit of local govern-
8 ment will achieve a net gain in the number of law enforce-
9 ment officers who perform non-administrative public sector
10 safety service.
11 JUVENILE JUSTICE PROGRAMS
12 For grants, contracts, cooperative agreements, and
13 other assistance authorized by the Juvenile Justice and De-
14 linquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Om-
15 nibus Crime Control and Safe Streets Act of 1968 (‘‘the
16 1968 Act’’); the Violence Against Women and Department
17 of Justice Reauthorization Act of 2005 (Public Law 109–
18 162) (‘‘the 2005 Act’’); the Missing Children’s Assistance
19 Act (34 U.S.C. 11291 et seq.); the Prosecutorial Remedies
20 and Other Tools to end the Exploitation of Children Today
21 Act of 2003 (Public Law 108–21); the Victims of Child
22 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’);
23 the Adam Walsh Child Protection and Safety Act of 2006
24 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the PRO-
25 TECT Our Children Act of 2008 (Public Law 110–401);
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00183 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
184
1 the Violence Against Women Reauthorization Act of 2013
2 (Public Law 113–4) (‘‘the 2013 Act’’); the Justice for All
3 Reauthorization Act of 2016 (Public Law 114–324); the
4 Missing Children’s Assistance Act of 2018 (Public Law
5 115–267); the Juvenile Justice Reform Act of 2018 (Public
6 Law 115–385); and other juvenile justice programs,
7 $346,000,000, to remain available until expended as fol-
8 lows—
9 (1) $67,000,000 for programs authorized by sec-
10 tion 221 of the 1974 Act, and for training and tech-
11 nical assistance to assist small, nonprofit organiza-
12 tions with the Federal grants process: Provided, That
13 of the amounts provided under this paragraph,
14 $500,000 shall be for a competitive demonstration
15 grant program to support emergency planning among
16 State, local, and Tribal juvenile justice residential fa-
17 cilities;
18 (2) $100,000,000 for youth mentoring grants;
19 (3) $49,000,000 for delinquency prevention, of
20 which, pursuant to sections 261 and 262 of the 1974
21 Act—
22 (A) $2,000,000 shall be for grants to prevent
23 trafficking of girls;
24 (B) $10,000,000 shall be for the Tribal
25 Youth Program;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00184 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
185
1 (C) $500,000 shall be for an Internet site
2 providing information and resources on children
3 of incarcerated parents;
4 (D) $3,000,000 shall be for competitive
5 grants focusing on girls in the juvenile justice
6 system;
7 (E) $10,000,000 shall be for an opioid-af-
8 fected youth initiative; and
9 (F) $8,000,000 shall be for an initiative re-
10 lating to children exposed to violence;
11 (4) $30,000,000 for programs authorized by the
12 Victims of Child Abuse Act of 1990;
13 (5) $94,000,000 for missing and exploited chil-
14 dren programs, including as authorized by sections
15 404(b) and 405(a) of the 1974 Act (except that section
16 102(b)(4)(B) of the PROTECT Our Children Act of
17 2008 (Public Law 110–401) shall not apply for pur-
18 poses of this Act);
19 (6) $3,500,000 for child abuse training programs
20 for judicial personnel and practitioners, as authorized
21 by section 222 of the 1990 Act; and
22 (7) $2,500,000 for a program to improve juvenile
23 indigent defense:
24 Provided, That not more than 10 percent of each amount
25 may be used for research, evaluation, and statistics activi-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00185 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
186
1 ties designed to benefit the programs or activities author-
2 ized: Provided further, That not more than 2 percent of the
3 amounts designated under paragraphs (1) through (3) and
4 (6) may be used for training and technical assistance: Pro-
5 vided further, That the two preceding provisos shall not
6 apply to grants and projects administered pursuant to sec-
7 tions 261 and 262 of the 1974 Act and to missing and ex-
8 ploited children programs.
9 PUBLIC SAFETY OFFICER BENEFITS
10 (INCLUDING TRANSFER OF FUNDS)
11 For payments and expenses authorized under section
12 1001(a)(4) of title I of the Omnibus Crime Control and Safe
13 Streets Act of 1968, such sums as are necessary (including
14 amounts for administrative costs), to remain available
15 until expended; and $24,800,000 for payments authorized
16 by section 1201(b) of such Act and for educational assist-
17 ance authorized by section 1218 of such Act, to remain
18 available until expended: Provided, That notwithstanding
19 section 205 of this Act, upon a determination by the Attor-
20 ney General that emergent circumstances require additional
21 funding for such disability and education payments, the At-
22 torney General may transfer such amounts to ‘‘Public Safe-
23 ty Officer Benefits’’ from available appropriations for the
24 Department of Justice as may be necessary to respond to
25 such circumstances: Provided further, That any transfer
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00186 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
187
1 pursuant to the preceding proviso shall be treated as a re-
2 programming under section 505 of this Act and shall not
3 be available for obligation or expenditure except in compli-
4 ance with the procedures set forth in that section.
5 COMMUNITY ORIENTED POLICING SERVICES
6 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
7 (INCLUDING TRANSFER OF FUNDS)
8 For activities authorized by the Violent Crime Control
9 and Law Enforcement Act of 1994 (Public Law 103–322);
10 the Omnibus Crime Control and Safe Streets Act of 1968
11 (‘‘the 1968 Act’’); the Violence Against Women and Depart-
12 ment of Justice Reauthorization Act of 2005 (Public Law
13 109–162) (‘‘the 2005 Act’’); the American Law Enforcement
14 Heroes Act of 2017 (Public Law 115–37); the Law Enforce-
15 ment Mental Health and Wellness Act (Public Law 115–
16 113) (‘‘the LEMHW Act’’); the SUPPORT for Patients and
17 Communities Act (Public Law 115–271); and the Sup-
18 porting and Treating Officers In Crisis Act of 2019 (Public
19 Law 116-32) (‘‘the STOIC Act’’), $386,000,000, to remain
20 available until expended: Provided, That any balances
21 made available through prior year deobligations shall only
22 be available in accordance with section 505 of this Act: Pro-
23 vided further, That of the amount provided under this head-
24 ing—
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00187 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
188
1 (1) $237,000,000 is for grants under section
2 1701 of title I of the 1968 Act (34 U.S.C. 10381) for
3 the hiring and rehiring of additional career law en-
4 forcement officers under part Q of such title notwith-
5 standing subsection (i) of such section: Provided,
6 That, notwithstanding section 1704(c) of such title
7 (34 U.S.C. 10384(c)), funding for hiring or rehiring
8 a career law enforcement officer may not exceed
9 $125,000 unless the Director of the Office of Commu-
10 nity Oriented Policing Services grants a waiver from
11 this limitation: Provided further, That within the
12 amounts appropriated under this paragraph,
13 $29,500,000 is for improving Tribal law enforcement,
14 including hiring, equipment, training, anti-meth-
15 amphetamine activities, and anti-opioid activities:
16 Provided further, That of the amounts appropriated
17 under this paragraph $40,000,000 is for regional in-
18 formation sharing activities, as authorized by part M
19 of title I of the 1968 Act, which shall be transferred
20 to and merged with ‘‘Research, Evaluation, and Sta-
21 tistics’’ for administration by the Office of Justice
22 Programs: Provided further, That within the amounts
23 appropriated under this paragraph, no less than
24 $3,000,000 is to support the Tribal Access Program:
25 Provided further, That within the amounts appro-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
189
1 priated under this paragraph, $8,000,000 is for train-
2 ing, peer mentoring, mental health program activi-
3 ties, and other support services as authorized under
4 the LEMHW Act and STOIC Act;
5 (2) $11,000,000 is for activities authorized by
6 the POLICE Act of 2016 (Public Law 114–199);
7 (3) $15,000,000 is for competitive grants to State
8 law enforcement agencies in States with high seizures
9 of precursor chemicals, finished methamphetamine,
10 laboratories, and laboratory dump seizures: Provided,
11 That funds appropriated under this paragraph shall
12 be utilized for investigative purposes to locate or in-
13 vestigate illicit activities, including precursor diver-
14 sion, laboratories, or methamphetamine traffickers;
15 (4) $35,000,000 is for competitive grants to
16 statewide law enforcement agencies in States with
17 high rates of primary treatment admissions for her-
18 oin and other opioids: Provided, That these funds
19 shall be utilized for investigative purposes to locate or
20 investigate illicit activities, including activities re-
21 lated to the distribution of heroin or unlawful dis-
22 tribution of prescription opioids, or unlawful heroin
23 and prescription opioid traffickers through statewide
24 collaboration;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00189 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
190
1 (5) $53,000,000 is for competitive grants to be
2 administered by the Community Oriented Policing
3 Services Office for purposes authorized under the
4 STOP School Violence Act (title V of division S of
5 Public Law 115–141); and
6 (6) $35,000,000 is for community policing devel-
7 opment activities in furtherance of section 1701 of
8 title I of the 1968 Act (34 U.S.C. 10381).
9 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE
10 (INCLUDING TRANSFER OF FUNDS)
11 SEC. 201. In addition to amounts otherwise made
12 available in this title for official reception and representa-
13 tion expenses, a total of not to exceed $50,000 from funds
14 appropriated to the Department of Justice in this title shall
15 be available to the Attorney General for official reception
16 and representation expenses.
17 SEC. 202. None of the funds appropriated by this title
18 shall be available to pay for an abortion, except where the
19 life of the mother would be endangered if the fetus were car-
20 ried to term, or in the case of rape or incest: Provided, That
21 should this prohibition be declared unconstitutional by a
22 court of competent jurisdiction, this section shall be null
23 and void.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00190 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
191
1 SEC. 203. None of the funds appropriated under this
2 title shall be used to require any person to perform, or fa-
3 cilitate in any way the performance of, any abortion.
4 SEC. 204. Nothing in the preceding section shall re-
5 move the obligation of the Director of the Bureau of Prisons
6 to provide escort services necessary for a female inmate to
7 receive such service outside the Federal facility: Provided,
8 That nothing in this section in any way diminishes the
9 effect of section 203 intended to address the philosophical
10 beliefs of individual employees of the Bureau of Prisons.
11 SEC. 205. Not to exceed 5 percent of any appropriation
12 made available for the current fiscal year for the Depart-
13 ment of Justice in this Act may be transferred between such
14 appropriations, but no such appropriation, except as other-
15 wise specifically provided, shall be increased by more than
16 10 percent by any such transfers: Provided, That any trans-
17 fer pursuant to this section shall be treated as a reprogram-
18 ming of funds under section 505 of this Act and shall not
19 be available for obligation except in compliance with the
20 procedures set forth in that section.
21 SEC. 206. None of the funds made available under this
22 title may be used by the Federal Bureau of Prisons or the
23 United States Marshals Service for the purpose of trans-
24 porting an individual who is a prisoner pursuant to convic-
25 tion for crime under State or Federal law and is classified
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00191 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
192
1 as a maximum or high security prisoner, other than to a
2 prison or other facility certified by the Federal Bureau of
3 Prisons as appropriately secure for housing such a prisoner.
4 SEC. 207. (a) None of the funds appropriated by this
5 Act may be used by Federal prisons to purchase cable tele-
6 vision services, or to rent or purchase audiovisual or elec-
7 tronic media or equipment used primarily for recreational
8 purposes.
9 (b) Subsection (a) does not preclude the rental, mainte-
10 nance, or purchase of audiovisual or electronic media or
11 equipment for inmate training, religious, or educational
12 programs.
13 SEC. 208. None of the funds made available under this
14 title shall be obligated or expended for any new or enhanced
15 information technology program having total estimated de-
16 velopment costs in excess of $100,000,000, unless the Deputy
17 Attorney General and the investment review board certify
18 to the Committees on Appropriations of the House of Rep-
19 resentatives and the Senate that the information technology
20 program has appropriate program management controls
21 and contractor oversight mechanisms in place, and that the
22 program is compatible with the enterprise architecture of
23 the Department of Justice.
24 SEC. 209. The notification thresholds and procedures
25 set forth in section 505 of this Act shall apply to deviations
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00192 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
193
1 from the amounts designated for specific activities in this
2 Act and in the explanatory statement described in section
3 4 (in the matter preceding division A of this consolidated
4 Act), and to any use of deobligated balances of funds pro-
5 vided under this title in previous years.
6 SEC. 210. None of the funds appropriated by this Act
7 may be used to plan for, begin, continue, finish, process,
8 or approve a public-private competition under the Office
9 of Management and Budget Circular A–76 or any successor
10 administrative regulation, directive, or policy for work per-
11 formed by employees of the Bureau of Prisons or of Federal
12 Prison Industries, Incorporated.
13 SEC. 211. Notwithstanding any other provision of law,
14 no funds shall be available for the salary, benefits, or ex-
15 penses of any United States Attorney assigned dual or addi-
16 tional responsibilities by the Attorney General or his des-
17 ignee that exempt that United States Attorney from the
18 residency requirements of section 545 of title 28, United
19 States Code.
20 SEC. 212. At the discretion of the Attorney General,
21 and in addition to any amounts that otherwise may be
22 available (or authorized to be made available) by law, with
23 respect to funds appropriated by this title under the head-
24 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00193 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
194
1 Local Law Enforcement Assistance’’, and ‘‘Juvenile Justice
2 Programs’’—
3 (1) up to 2 percent of funds made available to
4 the Office of Justice Programs for grant or reimburse-
5 ment programs may be used by such Office to provide
6 training and technical assistance; and
7 (2) up to 2 percent of funds made available for
8 grant or reimbursement programs under such head-
9 ings, except for amounts appropriated specifically for
10 research, evaluation, or statistical programs adminis-
11 tered by the National Institute of Justice and the Bu-
12 reau of Justice Statistics, shall be transferred to and
13 merged with funds provided to the National Institute
14 of Justice and the Bureau of Justice Statistics, to be
15 used by them for research, evaluation, or statistical
16 purposes, without regard to the authorizations for
17 such grant or reimbursement programs.
18 SEC. 213. Upon request by a grantee for whom the At-
19 torney General has determined there is a fiscal hardship,
20 the Attorney General may, with respect to funds appro-
21 priated in this or any other Act making appropriations for
22 fiscal years 2018 through 2021 for the following programs,
23 waive the following requirements:
24 (1) For the adult and juvenile offender State and
25 local reentry demonstration projects under part FF of
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00194 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
195
1 title I of the Omnibus Crime Control and Safe Streets
2 Act of 1968 (34 U.S.C. 10631 et seq.), the require-
3 ments under section 2976(g)(1) of such part (34
4 U.S.C. 10631(g)(1)).
5 (2) For grants to protect inmates and safeguard
6 communities as authorized by section 6 of the Prison
7 Rape Elimination Act of 2003 (34 U.S.C.
8 30305(c)(3)), the requirements of section 6(c)(3) of
9 such Act.
10 SEC. 214. Notwithstanding any other provision of law,
11 section 20109(a) of subtitle A of title II of the Violent Crime
12 Control and Law Enforcement Act of 1994 (34 U.S.C.
13 12109(a)) shall not apply to amounts made available by
14 this or any other Act.
15 SEC. 215. None of the funds made available under this
16 Act, other than for the national instant criminal back-
17 ground check system established under section 103 of the
18 Brady Handgun Violence Prevention Act (34 U.S.C.
19 40901), may be used by a Federal law enforcement officer
20 to facilitate the transfer of an operable firearm to an indi-
21 vidual if the Federal law enforcement officer knows or sus-
22 pects that the individual is an agent of a drug cartel, unless
23 law enforcement personnel of the United States continu-
24 ously monitor or control the firearm at all times.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00195 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
196
1 SEC. 216. (a) None of the income retained in the De-
2 partment of Justice Working Capital Fund pursuant to
3 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C.
4 527 note) shall be available for obligation during fiscal year
5 2021, except up to $12,000,000 may be obligated for imple-
6 mentation of a unified Department of Justice financial
7 management system.
8 (b) Not to exceed $30,000,000 of the unobligated bal-
9 ances transferred to the capital account of the Department
10 of Justice Working Capital Fund pursuant to title I of Pub-
11 lic Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall
12 be available for obligation in fiscal year 2021, and any use,
13 obligation, transfer, or allocation of such funds shall be
14 treated as a reprogramming of funds under section 505 of
15 this Act.
16 (c) Not to exceed $10,000,000 of the excess unobligated
17 balances available under section 524(c)(8)(E) of title 28,
18 United States Code, shall be available for obligation during
19 fiscal year 2021, and any use, obligation, transfer or alloca-
20 tion of such funds shall be treated as a reprogramming of
21 funds under section 505 of this Act.
22 SEC. 217. Discretionary funds that are made available
23 in this Act for the Office of Justice Programs may be used
24 to participate in Performance Partnership Pilots author-
25 ized under such authorities as have been enacted for Per-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00196 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
197
1 formance Partnership Pilots in appropriations acts in
2 prior fiscal years and the current fiscal year.
3 SEC. 218. Section 1930(a)(6)(B) of title 28, United
4 States Code, shall be applied for this fiscal year and next
5 fiscal year by substituting ‘‘ $300,000,000’’ for ‘‘
6 $200,000,000’’.
7 SEC. 219. Section 527 of title 28, United States Code,
8 is amended in the third sentence by inserting ‘‘: (1)’’ before
9 ‘‘the Department’’ and by inserting ‘‘; and (2) federally rec-
10 ognized tribes for supplies, materials, and services related
11 to access to Federal law enforcement databases;’’ after ‘‘and
12 services’’.
13 SEC. 220. Section 1825 of title 28, United States Code,
14 is amended:
15 (a) in subsections (a) and (b) by striking ‘‘United
16 States marshal for the district’’ each place it appears and
17 inserting ‘‘Attorney General’’; and
18 (b) in subsection (c) by striking ‘‘United States mar-
19 shal’’ and inserting ‘‘Attorney General’’.
20 SEC. 221. Section 151 of the Foreign Relations Author-
21 ization Act, Fiscal Years 1990 and 1991 (Public Law 101–
22 246; 5 U.S.C. 5928 note), is amended—
23 (1) by striking ‘‘or’’ after ‘‘Drug Enforcement
24 Administration’’ and inserting ‘‘, the’’; and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00197 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
198
1 (2) by inserting ‘‘, or the United States Marshals
2 Service’’ after ‘‘Federal Bureau of Investigation’’.
3 SEC. 222. There is hereby appropriated $5,000,000, to
4 remain available until expended, for an additional amount
5 for ‘‘Department of Justice—General Administration’’, for
6 expenses associated with the development and operation of
7 a database concerning substantiated instances of excessive
8 use of force related to law enforcement matters and officer
9 misconduct, as described by, and subject to the requirements
10 of, section 3 of Executive Order 13929 (June 16, 2020), as
11 such Executive Order was in effect on the date of the enact-
12 ment of this Act: Provided, That the Attorney General may
13 transfer the funds provided in this section to other appro-
14 priations accounts in the Department of Justice to use for
15 expenses associated with the development and operation of
16 such database: Provided further, That the transfer authority
17 in the preceding proviso is in addition to any other transfer
18 authority contained in this Act: Provided further, That any
19 transfer pursuant to the first proviso shall be treated as a
20 reprogramming under section 505 of this Act and shall not
21 be available for obligation or expenditure except in compli-
22 ance with the procedures set forth in that section.
23 This title may be cited as the ‘‘Department of Justice
24 Appropriations Act, 2021’’.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00198 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
199
1 TITLE III
2 SCIENCE
3 OFFICE OF SCIENCE AND TECHNOLOGY POLICY
4 For necessary expenses of the Office of Science and
5 Technology Policy, in carrying out the purposes of the Na-
6 tional Science and Technology Policy, Organization, and
7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of pas-
8 senger motor vehicles, and services as authorized by section
9 3109 of title 5, United States Code, not to exceed $2,250
10 for official reception and representation expenses, and rent-
11 al of conference rooms in the District of Columbia,
12 $5,544,000.
13 NATIONAL SPACE COUNCIL
14 For necessary expenses of the National Space Council,
15 in carrying out the purposes of title V of Public Law 100–
16 685 and Executive Order No. 13803, hire of passenger
17 motor vehicles, and services as authorized by section 3109
18 of title 5, United States Code, not to exceed $2,250 for offi-
19 cial reception and representation expenses, $1,965,000: Pro-
20 vided, That notwithstanding any other provision of law, the
21 National Space Council may accept personnel support from
22 Federal agencies, departments, and offices, and such Fed-
23 eral agencies, departments, and offices may detail staff
24 without reimbursement to the National Space Council for
25 purposes provided herein.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00199 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
200
1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
2 SCIENCE
3 For necessary expenses, not otherwise provided for, in
4 the conduct and support of science research and develop-
5 ment activities, including research, development, oper-
6 ations, support, and services; maintenance and repair, fa-
7 cility planning and design; space flight, spacecraft control,
8 and communications activities; program management; per-
9 sonnel and related costs, including uniforms or allowances
10 therefor, as authorized by sections 5901 and 5902 of title
11 5, United States Code; travel expenses; purchase and hire
12 of passenger motor vehicles; and purchase, lease, charter,
13 maintenance, and operation of mission and administrative
14 aircraft, $7,301,000,000, to remain available until Sep-
15 tember 30, 2022: Provided, That, $2,000,000,000 shall be
16 for Earth Science; $2,700,000,000 shall be for Planetary
17 Science; $1,356,200,000 shall be for Astrophysics;
18 $414,700,000 shall be for the James Webb Space Telescope;
19 $751,000,000 shall be for Heliophysics, and $79,100,000
20 shall be for Biological and Physical Science: Provided fur-
21 ther, That the National Aeronautics and Space Administra-
22 tion shall use the Space Launch System (SLS) for the Eu-
23 ropa Clipper mission if the SLS is available and if tor-
24 sional loading analysis has confirmed Clipper’s appro-
25 priateness for SLS: Provided further, That, if the conditions
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00200 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
201
1 in the preceding proviso cannot be met, the Administrator
2 shall conduct a full and open competition, that is not lim-
3 ited to the launch vehicles listed in the NLS-II contract of
4 the Launch Services Program as of the date of the enact-
5 ment of this Act, to select a commercial launch vehicle for
6 Europa Clipper.
7 AERONAUTICS
8 For necessary expenses, not otherwise provided for, in
9 the conduct and support of aeronautics research and devel-
10 opment activities, including research, development, oper-
11 ations, support, and services; maintenance and repair, fa-
12 cility planning and design; space flight, spacecraft control,
13 and communications activities; program management; per-
14 sonnel and related costs, including uniforms or allowances
15 therefor, as authorized by sections 5901 and 5902 of title
16 5, United States Code; travel expenses; purchase and hire
17 of passenger motor vehicles; and purchase, lease, charter,
18 maintenance, and operation of mission and administrative
19 aircraft, $828,700,000, to remain available until September
20 30, 2022.
21 SPACE TECHNOLOGY
22 For necessary expenses, not otherwise provided for, in
23 the conduct and support of space technology research and
24 development activities, including research, development, op-
25 erations, support, and services; maintenance and repair, fa-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00201 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
202
1 cility planning and design; space flight, spacecraft control,
2 and communications activities; program management; per-
3 sonnel and related costs, including uniforms or allowances
4 therefor, as authorized by sections 5901 and 5902 of title
5 5, United States Code; travel expenses; purchase and hire
6 of passenger motor vehicles; and purchase, lease, charter,
7 maintenance, and operation of mission and administrative
8 aircraft, $1,100,000,000, to remain available until Sep-
9 tember 30, 2022: Provided, That $227,000,000 shall be for
10 RESTORE–L/SPace Infrastructure DExterous Robot: Pro-
11 vided further, That $110,000,000 shall be for the develop-
12 ment, production, and demonstration of a nuclear thermal
13 propulsion system, of which $80,000,000 shall be for the de-
14 sign of a flight demonstration system: Provided further,
15 That, not later than 180 days after the enactment of this
16 Act, the National Aeronautics and Space Administration
17 shall provide a plan for the design of a flight demonstration.
18 EXPLORATION
19 For necessary expenses, not otherwise provided for, in
20 the conduct and support of exploration research and devel-
21 opment activities, including research, development, oper-
22 ations, support, and services; maintenance and repair, fa-
23 cility planning and design; space flight, spacecraft control,
24 and communications activities; program management; per-
25 sonnel and related costs, including uniforms or allowances
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00202 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
203
1 therefor, as authorized by sections 5901 and 5902 of title
2 5, United States Code; travel expenses; purchase and hire
3 of passenger motor vehicles; and purchase, lease, charter,
4 maintenance, and operation of mission and administrative
5 aircraft, $6,555,400,000, to remain available until Sep-
6 tember 30, 2022: Provided, That not less than
7 $1,406,700,000 shall be for the Orion Multi-Purpose Crew
8 Vehicle: Provided further, That not less than $2,585,900,000
9 shall be for the Space Launch System (SLS) launch vehicle,
10 which shall have a lift capability not less than 130 metric
11 tons and which shall have core elements and an Exploration
12 Upper Stage developed simultaneously to be used to the
13 maximum extent practicable, including for Earth to Moon
14 missions and Moon landings: Provided further, That of the
15 amounts provided for SLS, not less than $400,000,000 shall
16 be for SLS Block 1B development including the Exploration
17 Upper Stage and associated systems including related
18 facilitization, to support an SLS Block 1B mission avail-
19 able to launch in 2025 in addition to the planned Block
20 1 missions for Artemis 1 through Artemis 3: Provided fur-
21 ther, That $590,000,000 shall be for Exploration Ground
22 Systems and associated Block 1B activities, including
23 $74,000,000 for a second mobile launch platform: Provided
24 further, That the National Aeronautics and Space Adminis-
25 tration shall provide to the Committees on Appropriations
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00203 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
204
1 of the House of Representatives and the Senate, concurrent
2 with the annual budget submission, a 5-year budget profile
3 for an integrated system that includes the SLS, the Orion
4 Multi-Purpose Crew Vehicle, and associated ground systems
5 that will ensure a crewed launch as early as possible, as
6 well as a system-based funding profile for a sustained
7 launch cadence that contemplates the use of an SLS Block
8 1B cargo variant and associated ground systems: Provided
9 further, That $1,972,800,000 shall be for exploration re-
10 search and development.
11 SPACE OPERATIONS
12 For necessary expenses, not otherwise provided for, in
13 the conduct and support of space operations research and
14 development activities, including research, development, op-
15 erations, support and services; space flight, spacecraft con-
16 trol, and communications activities, including operations,
17 production, and services; maintenance and repair, facility
18 planning and design; program management; personnel and
19 related costs, including uniforms or allowances therefor, as
20 authorized by sections 5901 and 5902 of title 5, United
21 States Code; travel expenses; purchase and hire of passenger
22 motor vehicles; and purchase, lease, charter, maintenance,
23 and operation of mission and administrative aircraft,
24 $3,988,200,000, to remain available until September 30,
25 2022.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00204 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
205
1 SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
2 ENGAGEMENT
3 For necessary expenses, not otherwise provided for, in
4 the conduct and support of aerospace and aeronautical edu-
5 cation research and development activities, including re-
6 search, development, operations, support, and services; pro-
7 gram management; personnel and related costs, including
8 uniforms or allowances therefor, as authorized by sections
9 5901 and 5902 of title 5, United States Code; travel ex-
10 penses; purchase and hire of passenger motor vehicles; and
11 purchase, lease, charter, maintenance, and operation of
12 mission and administrative aircraft, $127,000,000, to re-
13 main available until September 30, 2022, of which
14 $26,000,000 shall be for the Established Program to Stimu-
15 late Competitive Research and $51,000,000 shall be for the
16 National Space Grant College and Fellowship Program.
17 SAFETY, SECURITY AND MISSION SERVICES
18 For necessary expenses, not otherwise provided for, in
19 the conduct and support of science, aeronautics, space tech-
20 nology, exploration, space operations and education re-
21 search and development activities, including research, devel-
22 opment, operations, support, and services; maintenance and
23 repair, facility planning and design; space flight, spacecraft
24 control, and communications activities; program manage-
25 ment; personnel and related costs, including uniforms or
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00205 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
206
1 allowances therefor, as authorized by sections 5901 and
2 5902 of title 5, United States Code; travel expenses; pur-
3 chase and hire of passenger motor vehicles; not to exceed
4 $63,000 for official reception and representation expenses;
5 and purchase, lease, charter, maintenance, and operation
6 of mission and administrative aircraft, $2,936,500,000, to
7 remain available until September 30, 2022: Provided, That
8 if available balances in the ‘‘Science, Space, and Technology
9 Education Trust Fund’’ are not sufficient to provide for
10 the grant disbursements required under the third and fourth
11 provisos under such heading in the Department of Housing
12 and Urban Development-Independent Agencies Appropria-
13 tions Act, 1989 (Public Law 100–404) as amended by the
14 Departments of Veterans Affairs and Housing and Urban
15 Development, and Independent Agencies Appropriations
16 Act, 1995 (Public Law 103–327) up to $1,000,000 shall be
17 available from amounts made available under this heading
18 to make such grant disbursements.
19 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND
20 RESTORATION
21 For necessary expenses for construction of facilities in-
22 cluding repair, rehabilitation, revitalization, and modifica-
23 tion of facilities, construction of new facilities and addi-
24 tions to existing facilities, facility planning and design,
25 and restoration, and acquisition or condemnation of real
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00206 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
207
1 property, as authorized by law, and environmental compli-
2 ance and restoration, $390,278,000, to remain available
3 until September 30, 2026: Provided, That proceeds from
4 leases deposited into this account shall be available for a
5 period of 5 years to the extent and in amounts as provided
6 in annual appropriations Acts: Provided further, That such
7 proceeds referred to in the preceding proviso shall be avail-
8 able for obligation for fiscal year 2021 in an amount not
9 to exceed $18,700,000: Provided further, That each annual
10 budget request shall include an annual estimate of gross re-
11 ceipts and collections and proposed use of all funds collected
12 pursuant to section 20145 of title 51, United States Code.
13 OFFICE OF INSPECTOR GENERAL
14 For necessary expenses of the Office of Inspector Gen-
15 eral in carrying out the Inspector General Act of 1978,
16 $44,200,000, of which $500,000 shall remain available until
17 September 30, 2022.
18 ADMINISTRATIVE PROVISIONS
19 (INCLUDING TRANSFERS OF FUNDS)
20 Funds for any announced prize otherwise authorized
21 shall remain available, without fiscal year limitation, until
22 a prize is claimed or the offer is withdrawn.
23 Not to exceed 5 percent of any appropriation made
24 available for the current fiscal year for the National Aero-
25 nautics and Space Administration in this Act may be
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00207 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
208
1 transferred between such appropriations, but no such ap-
2 propriation, except as otherwise specifically provided, shall
3 be increased by more than 10 percent by any such transfers.
4 Any funds transferred to ‘‘Construction and Environmental
5 Compliance and Restoration’’ for construction activities
6 shall not increase that account by more than 20 percent.
7 Balances so transferred shall be merged with and available
8 for the same purposes and the same time period as the ap-
9 propriations to which transferred. Any transfer pursuant
10 to this provision shall be treated as a reprogramming of
11 funds under section 505 of this Act and shall not be avail-
12 able for obligation except in compliance with the procedures
13 set forth in that section.
14 Not to exceed 5 percent of any appropriation provided
15 for the National Aeronautics and Space Administration
16 under previous appropriations Acts that remains available
17 for obligation or expenditure in fiscal year 2021 may be
18 transferred between such appropriations, but no such ap-
19 propriation, except as otherwise specifically provided, shall
20 be increased by more than 10 percent by any such transfers.
21 Any transfer pursuant to this provision shall retain its
22 original availability and shall be treated as a reprogram-
23 ming of funds under section 505 of this Act and shall not
24 be available for obligation except in compliance with the
25 procedures set forth in that section.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00208 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
209
1 The spending plan required by this Act shall be pro-
2 vided by the National Aeronautics and Space Administra-
3 tion at the theme, program, project, and activity level. The
4 spending plan, as well as any subsequent change of an
5 amount established in that spending plan that meets the
6 notification requirements of section 505 of this Act, shall
7 be treated as a reprogramming under section 505 of this
8 Act and shall not be available for obligation or expenditure
9 except in compliance with the procedures set forth in that
10 section.
11 Not more than 40 percent of the amounts made avail-
12 able in this Act for the Gateway; Advanced Cislunar and
13 Surface Capabilities; Commercial LEO Development;
14 Human Landing System; and Lunar Discovery and Explo-
15 ration, excluding the Lunar Reconnaissance Orbiter, may
16 be obligated until the Administrator submits a multi-year
17 plan to the Committees on Appropriations of the House of
18 Representatives and the Senate that identifies estimated
19 dates, by fiscal year, for Space Launch System flights to
20 build the Gateway; the commencement of partnerships with
21 commercial entities for additional LEO missions to land
22 humans and rovers on the Moon; and conducting additional
23 scientific activities on the Moon. The multi-year plan shall
24 include key milestones to be met by fiscal year to achieve
25 goals for each of the lunar programs described in the pre-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00209 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
210
1 vious sentence and funding required by fiscal year to
2 achieve such milestones, as well as funding provided in fis-
3 cal year 2021 and previous years.
4 Of the amounts provided for Exploration Systems De-
5 velopment, $25,000,000 shall be transferred to Construction
6 and Environmental Compliance and Restoration (CECR)
7 for Exploration Construction of Facilities consistent with
8 direction provided in the explanatory statement described
9 in section 4 (in the matter preceding division A of this con-
10 solidated Act). The authority provided by this paragraph
11 is in addition to the authority provided by the second para-
12 graph under this heading.
13 Not more than 20 percent or $50,000,000, whichever
14 is less, of the amounts made available in the current-year
15 CECR appropriation may be applied to CECR projects
16 funded under previous years’ CECR appropriation Acts.
17 Use of current-year funds under this provision shall be
18 treated as a reprogramming of funds under section 505 of
19 this act and shall not be available for obligation except in
20 compliance with the procedures set forth in that section.
21 NATIONAL SCIENCE FOUNDATION
22 RESEARCH AND RELATED ACTIVITIES
23 For necessary expenses in carrying out the National
24 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.),
25 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
211
1 as authorized by section 3109 of title 5, United States Code;
2 maintenance and operation of aircraft and purchase of
3 flight services for research support; acquisition of aircraft;
4 and authorized travel; $6,909,769,000, to remain available
5 until September 30, 2022, of which not to exceed
6 $544,000,000 shall remain available until expended for
7 polar research and operations support, and for reimburse-
8 ment to other Federal agencies for operational and science
9 support and logistical and other related activities for the
10 United States Antarctic program: Provided, That receipts
11 for scientific support services and materials furnished by
12 the National Research Centers and other National Science
13 Foundation supported research facilities may be credited to
14 this appropriation.
15 MAJOR RESEARCH EQUIPMENT AND FACILITIES
16 CONSTRUCTION
17 For necessary expenses for the acquisition, construc-
18 tion, commissioning, and upgrading of major research
19 equipment, facilities, and other such capital assets pursuant
20 to the National Science Foundation Act of 1950 (42 U.S.C.
21 1861 et seq.), including authorized travel, $241,000,000, to
22 remain available until expended.
23 EDUCATION AND HUMAN RESOURCES
24 For necessary expenses in carrying out science, mathe-
25 matics, and engineering education and human resources
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00211 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
212
1 programs and activities pursuant to the National Science
2 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including
3 services as authorized by section 3109 of title 5, United
4 States Code, authorized travel, and rental of conference
5 rooms in the District of Columbia, $968,000,000, to remain
6 available until September 30, 2022.
7 AGENCY OPERATIONS AND AWARD MANAGEMENT
8 For agency operations and award management nec-
9 essary in carrying out the National Science Foundation Act
10 of 1950 (42 U.S.C. 1861 et seq.); services authorized by sec-
11 tion 3109 of title 5, United States Code; hire of passenger
12 motor vehicles; uniforms or allowances therefor, as author-
13 ized by sections 5901 and 5902 of title 5, United States
14 Code; rental of conference rooms in the District of Colum-
15 bia; and reimbursement of the Department of Homeland Se-
16 curity for security guard services; $345,640,000: Provided,
17 That not to exceed $8,280 is for official reception and rep-
18 resentation expenses: Provided further, That contracts may
19 be entered into under this heading in fiscal year 2021 for
20 maintenance and operation of facilities and for other serv-
21 ices to be provided during the next fiscal year.
22 OFFICE OF THE NATIONAL SCIENCE BOARD
23 For necessary expenses (including payment of salaries,
24 authorized travel, hire of passenger motor vehicles, the rent-
25 al of conference rooms in the District of Columbia, and the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00212 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
213
1 employment of experts and consultants under section 3109
2 of title 5, United States Code) involved in carrying out sec-
3 tion 4 of the National Science Foundation Act of 1950 (42
4 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et
5 seq.), $4,500,000: Provided, That not to exceed $2,500 shall
6 be available for official reception and representation ex-
7 penses.
8 OFFICE OF INSPECTOR GENERAL
9 For necessary expenses of the Office of Inspector Gen-
10 eral as authorized by the Inspector General Act of 1978,
11 $17,850,000, of which $400,000 shall remain available until
12 September 30, 2022.
13 ADMINISTRATIVE PROVISIONS
14 (INCLUDING TRANSFER OF FUNDS)
15 Not to exceed 5 percent of any appropriation made
16 available for the current fiscal year for the National Science
17 Foundation in this Act may be transferred between such
18 appropriations, but no such appropriation shall be in-
19 creased by more than 10 percent by any such transfers. Any
20 transfer pursuant to this paragraph shall be treated as a
21 reprogramming of funds under section 505 of this Act and
22 shall not be available for obligation except in compliance
23 with the procedures set forth in that section.
24 The Director of the National Science Foundation
25 (NSF) shall notify the Committees on Appropriations of the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00213 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
214
1 House of Representatives and the Senate at least 30 days
2 in advance of any planned divestment through transfer, de-
3 commissioning, termination, or deconstruction of any NSF-
4 owned facilities or any NSF capital assets (including land,
5 structures, and equipment) valued greater than $2,500,000.
6 This title may be cited as the ‘‘Science Appropriations
7 Act, 2021’’.
8 TITLE IV
9 RELATED AGENCIES
10 COMMISSION ON CIVIL RIGHTS
11 SALARIES AND EXPENSES
12 For necessary expenses of the Commission on Civil
13 Rights, including hire of passenger motor vehicles,
14 $12,500,000: Provided, That none of the funds appropriated
15 in this paragraph may be used to employ any individuals
16 under Schedule C of subpart C of part 213 of title 5 of
17 the Code of Federal Regulations exclusive of one special as-
18 sistant for each Commissioner: Provided further, That none
19 of the funds appropriated in this paragraph shall be used
20 to reimburse Commissioners for more than 75 billable days,
21 with the exception of the chairperson, who is permitted 125
22 billable days: Provided further, That the Chair may accept
23 and use any gift or donation to carry out the work of the
24 Commission: Provided further, That none of the funds ap-
25 propriated in this paragraph shall be used for any activity
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00214 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
215
1 or expense that is not explicitly authorized by section 3 of
2 the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a):
3 Provided further, That notwithstanding the preceding pro-
4 viso, $500,000 shall be used to separately fund the Commis-
5 sion on the Social Status of Black Men and Boys.
6 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
7 SALARIES AND EXPENSES
8 For necessary expenses of the Equal Employment Op-
9 portunity Commission as authorized by title VII of the
10 Civil Rights Act of 1964, the Age Discrimination in Em-
11 ployment Act of 1967, the Equal Pay Act of 1963, the Amer-
12 icans with Disabilities Act of 1990, section 501 of the Reha-
13 bilitation Act of 1973, the Civil Rights Act of 1991, the
14 Genetic Information Nondiscrimination Act (GINA) of
15 2008 (Public Law 110–233), the ADA Amendments Act of
16 2008 (Public Law 110–325), and the Lilly Ledbetter Fair
17 Pay Act of 2009 (Public Law 111–2), including services
18 as authorized by section 3109 of title 5, United States Code;
19 hire of passenger motor vehicles as authorized by section
20 1343(b) of title 31, United States Code; nonmonetary
21 awards to private citizens; and up to $31,500,000 for pay-
22 ments to State and local enforcement agencies for author-
23 ized services to the Commission, $404,490,000: Provided,
24 That the Commission is authorized to make available for
25 official reception and representation expenses not to exceed
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
216
1 $2,250 from available funds: Provided further, That the
2 Commission may take no action to implement any work-
3 force repositioning, restructuring, or reorganization until
4 such time as the Committees on Appropriations of the
5 House of Representatives and the Senate have been notified
6 of such proposals, in accordance with the reprogramming
7 requirements of section 505 of this Act: Provided further,
8 That the Chair may accept and use any gift or donation
9 to carry out the work of the Commission.
10 INTERNATIONAL TRADE COMMISSION
11 SALARIES AND EXPENSES
12 For necessary expenses of the International Trade
13 Commission, including hire of passenger motor vehicles and
14 services as authorized by section 3109 of title 5, United
15 States Code, and not to exceed $2,250 for official reception
16 and representation expenses, $103,000,000, to remain avail-
17 able until expended.
18 LEGAL SERVICES CORPORATION
19 PAYMENT TO THE LEGAL SERVICES CORPORATION
20 For payment to the Legal Services Corporation to
21 carry out the purposes of the Legal Services Corporation
22 Act of 1974, $465,000,000, of which $425,500,000 is for
23 basic field programs and required independent audits;
24 $5,500,000 is for the Office of Inspector General, of which
25 such amounts as may be necessary may be used to conduct
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00216 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
217
1 additional audits of recipients; $23,000,000 is for manage-
2 ment and grants oversight; $4,250,000 is for client self-help
3 and information technology; $4,750,000 is for a Pro Bono
4 Innovation Fund; and $2,000,000 is for loan repayment as-
5 sistance: Provided, That the Legal Services Corporation
6 may continue to provide locality pay to officers and em-
7 ployees at a rate no greater than that provided by the Fed-
8 eral Government to Washington, DC-based employees as au-
9 thorized by section 5304 of title 5, United States Code, not-
10 withstanding section 1005(d) of the Legal Services Corpora-
11 tion Act (42 U.S.C. 2996d(d)): Provided further, That the
12 authorities provided in section 205 of this Act shall be ap-
13 plicable to the Legal Services Corporation: Provided fur-
14 ther, That, for the purposes of section 505 of this Act, the
15 Legal Services Corporation shall be considered an agency
16 of the United States Government.
17 ADMINISTRATIVE PROVISION—LEGAL SERVICES
18 CORPORATION
19 None of the funds appropriated in this Act to the Legal
20 Services Corporation shall be expended for any purpose pro-
21 hibited or limited by, or contrary to any of the provisions
22 of, sections 501, 502, 503, 504, 505, and 506 of Public Law
23 105–119, and all funds appropriated in this Act to the
24 Legal Services Corporation shall be subject to the same
25 terms and conditions set forth in such sections, except that
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00217 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
218
1 all references in sections 502 and 503 to 1997 and 1998
2 shall be deemed to refer instead to 2020 and 2021, respec-
3 tively.
4 MARINE MAMMAL COMMISSION
5 SALARIES AND EXPENSES
6 For necessary expenses of the Marine Mammal Com-
7 mission as authorized by title II of the Marine Mammal
8 Protection Act of 1972 (16 U.S.C. 1361 et seq.), $3,769,000.
9 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
10 SALARIES AND EXPENSES
11 For necessary expenses of the Office of the United
12 States Trade Representative, including the hire of passenger
13 motor vehicles and the employment of experts and consult-
14 ants as authorized by section 3109 of title 5, United States
15 Code, $55,000,000, of which $1,000,000 shall remain avail-
16 able until expended: Provided, That of the total amount
17 made available under this heading, not to exceed $124,000
18 shall be available for official reception and representation
19 expenses.
20 TRADE ENFORCEMENT TRUST FUND
21 (INCLUDING TRANSFER OF FUNDS)
22 For activities of the United States Trade Representa-
23 tive authorized by section 611 of the Trade Facilitation and
24 Trade Enforcement Act of 2015 (19 U.S.C. 4405), including
25 transfers, $15,000,000, to be derived from the Trade En-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00218 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
219
1 forcement Trust Fund: Provided, That any transfer pursu-
2 ant to subsection (d)(1) of such section shall be treated as
3 a reprogramming under section 505 of this Act.
4 STATE JUSTICE INSTITUTE
5 SALARIES AND EXPENSES
6 For necessary expenses of the State Justice Institute,
7 as authorized by the State Justice Institute Act of 1984 (42
8 U.S.C. 10701 et seq.) $7,000,000, of which $500,000 shall
9 remain available until September 30, 2022: Provided, That
10 not to exceed $2,250 shall be available for official reception
11 and representation expenses: Provided further, That, for the
12 purposes of section 505 of this Act, the State Justice Insti-
13 tute shall be considered an agency of the United States Gov-
14 ernment.
15 TITLE V
16 GENERAL PROVISIONS
17 (INCLUDING RESCISSIONS)
18 (INCLUDING TRANSFER OF FUNDS)
19 SEC. 501. No part of any appropriation contained in
20 this Act shall be used for publicity or propaganda purposes
21 not authorized by the Congress.
22 SEC. 502. No part of any appropriation contained in
23 this Act shall remain available for obligation beyond the
24 current fiscal year unless expressly so provided herein.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00219 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
220
1 SEC. 503. The expenditure of any appropriation under
2 this Act for any consulting service through procurement
3 contract, pursuant to section 3109 of title 5, United States
4 Code, shall be limited to those contracts where such expendi-
5 tures are a matter of public record and available for public
6 inspection, except where otherwise provided under existing
7 law, or under existing Executive order issued pursuant to
8 existing law.
9 SEC. 504. If any provision of this Act or the applica-
10 tion of such provision to any person or circumstances shall
11 be held invalid, the remainder of the Act and the applica-
12 tion of each provision to persons or circumstances other
13 than those as to which it is held invalid shall not be affected
14 thereby.
15 SEC. 505. None of the funds provided under this Act,
16 or provided under previous appropriations Acts to the agen-
17 cies funded by this Act that remain available for obligation
18 or expenditure in fiscal year 2021, or provided from any
19 accounts in the Treasury of the United States derived by
20 the collection of fees available to the agencies funded by this
21 Act, shall be available for obligation or expenditure through
22 a reprogramming of funds that: (1) creates or initiates a
23 new program, project, or activity; (2) eliminates a pro-
24 gram, project, or activity; (3) increases funds or personnel
25 by any means for any project or activity for which funds
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00220 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
221
1 have been denied or restricted; (4) relocates an office or em-
2 ployees; (5) reorganizes or renames offices, programs, or ac-
3 tivities; (6) contracts out or privatizes any functions or ac-
4 tivities presently performed by Federal employees; (7) aug-
5 ments existing programs, projects, or activities in excess of
6 $500,000 or 10 percent, whichever is less, or reduces by 10
7 percent funding for any program, project, or activity, or
8 numbers of personnel by 10 percent; or (8) results from any
9 general savings, including savings from a reduction in per-
10 sonnel, which would result in a change in existing pro-
11 grams, projects, or activities as approved by Congress; un-
12 less the House and Senate Committees on Appropriations
13 are notified 15 days in advance of such reprogramming of
14 funds.
15 SEC. 506. (a) If it has been finally determined by a
16 court or Federal agency that any person intentionally af-
17 fixed a label bearing a ‘‘Made in America’’ inscription, or
18 any inscription with the same meaning, to any product sold
19 in or shipped to the United States that is not made in the
20 United States, the person shall be ineligible to receive any
21 contract or subcontract made with funds made available in
22 this Act, pursuant to the debarment, suspension, and ineli-
23 gibility procedures described in sections 9.400 through
24 9.409 of title 48, Code of Federal Regulations.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00221 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
222
1 (b)(1) To the extent practicable, with respect to author-
2 ized purchases of promotional items, funds made available
3 by this Act shall be used to purchase items that are manu-
4 factured, produced, or assembled in the United States, its
5 territories or possessions.
6 (2) The term ‘‘promotional items’’ has the meaning
7 given the term in OMB Circular A–87, Attachment B, Item
8 (1)(f)(3).
9 SEC. 507. (a) The Departments of Commerce and Jus-
10 tice, the National Science Foundation, and the National
11 Aeronautics and Space Administration shall provide to the
12 Committees on Appropriations of the House of Representa-
13 tives and the Senate a quarterly report on the status of bal-
14 ances of appropriations at the account level. For unobli-
15 gated, uncommitted balances and unobligated, committed
16 balances the quarterly reports shall separately identify the
17 amounts attributable to each source year of appropriation
18 from which the balances were derived. For balances that are
19 obligated, but unexpended, the quarterly reports shall sepa-
20 rately identify amounts by the year of obligation.
21 (b) The report described in subsection (a) shall be sub-
22 mitted within 30 days of the end of each quarter.
23 (c) If a department or agency is unable to fulfill any
24 aspect of a reporting requirement described in subsection
25 (a) due to a limitation of a current accounting system, the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00222 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
223
1 department or agency shall fulfill such aspect to the max-
2 imum extent practicable under such accounting system and
3 shall identify and describe in each quarterly report the ex-
4 tent to which such aspect is not fulfilled.
5 SEC. 508. Any costs incurred by a department or agen-
6 cy funded under this Act resulting from, or to prevent, per-
7 sonnel actions taken in response to funding reductions in-
8 cluded in this Act shall be absorbed within the total budg-
9 etary resources available to such department or agency:
10 Provided, That the authority to transfer funds between ap-
11 propriations accounts as may be necessary to carry out this
12 section is provided in addition to authorities included else-
13 where in this Act: Provided further, That use of funds to
14 carry out this section shall be treated as a reprogramming
15 of funds under section 505 of this Act and shall not be avail-
16 able for obligation or expenditure except in compliance with
17 the procedures set forth in that section: Provided further,
18 That for the Department of Commerce, this section shall
19 also apply to actions taken for the care and protection of
20 loan collateral or grant property.
21 SEC. 509. None of the funds provided by this Act shall
22 be available to promote the sale or export of tobacco or to-
23 bacco products, or to seek the reduction or removal by any
24 foreign country of restrictions on the marketing of tobacco
25 or tobacco products, except for restrictions which are not
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00223 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
224
1 applied equally to all tobacco or tobacco products of the
2 same type.
3 SEC. 510. Notwithstanding any other provision of law,
4 amounts deposited or available in the Fund established by
5 section 1402 of chapter XIV of title II of Public Law 98–
6 473 (34 U.S.C. 20101) in any fiscal year in excess of
7 $2,015,000,000 shall not be available for obligation until
8 the following fiscal year: Provided, That notwithstanding
9 section 1402(d) of such Act, of the amounts available from
10 the Fund for obligation: (1) $10,000,000 shall be transferred
11 to the Department of Justice Office of Inspector General
12 and remain available until expended for oversight and au-
13 diting purposes associated with this section; and (2) 5 per-
14 cent shall be available to the Office for Victims of Crime
15 for grants, consistent with the requirements of the Victims
16 of Crime Act, to Indian Tribes to improve services for vic-
17 tims of crime.
18 SEC. 511. None of the funds made available to the De-
19 partment of Justice in this Act may be used to discriminate
20 against or denigrate the religious or moral beliefs of stu-
21 dents who participate in programs for which financial as-
22 sistance is provided from those funds, or of the parents or
23 legal guardians of such students.
24 SEC. 512. None of the funds made available in this
25 Act may be transferred to any department, agency, or in-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
225
1 strumentality of the United States Government, except pur-
2 suant to a transfer made by, or transfer authority provided
3 in, this Act or any other appropriations Act.
4 SEC. 513. (a) The Inspectors General of the Depart-
5 ment of Commerce, the Department of Justice, the National
6 Aeronautics and Space Administration, the National
7 Science Foundation, and the Legal Services Corporation
8 shall conduct audits, pursuant to the Inspector General Act
9 (5 U.S.C. App.), of grants or contracts for which funds are
10 appropriated by this Act, and shall submit reports to Con-
11 gress on the progress of such audits, which may include pre-
12 liminary findings and a description of areas of particular
13 interest, within 180 days after initiating such an audit and
14 every 180 days thereafter until any such audit is completed.
15 (b) Within 60 days after the date on which an audit
16 described in subsection (a) by an Inspector General is com-
17 pleted, the Secretary, Attorney General, Administrator, Di-
18 rector, or President, as appropriate, shall make the results
19 of the audit available to the public on the Internet website
20 maintained by the Department, Administration, Founda-
21 tion, or Corporation, respectively. The results shall be made
22 available in redacted form to exclude—
23 (1) any matter described in section 552(b) of
24 title 5, United States Code; and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00225 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
226
1 (2) sensitive personal information for any indi-
2 vidual, the public access to which could be used to
3 commit identity theft or for other inappropriate or
4 unlawful purposes.
5 (c) Any person awarded a grant or contract funded
6 by amounts appropriated by this Act shall submit a state-
7 ment to the Secretary of Commerce, the Attorney General,
8 the Administrator, Director, or President, as appropriate,
9 certifying that no funds derived from the grant or contract
10 will be made available through a subcontract or in any
11 other manner to another person who has a financial interest
12 in the person awarded the grant or contract.
13 (d) The provisions of the preceding subsections of this
14 section shall take effect 30 days after the date on which the
15 Director of the Office of Management and Budget, in con-
16 sultation with the Director of the Office of Government Eth-
17 ics, determines that a uniform set of rules and requirements,
18 substantially similar to the requirements in such sub-
19 sections, consistently apply under the executive branch eth-
20 ics program to all Federal departments, agencies, and enti-
21 ties.
22 SEC. 514. (a) None of the funds appropriated or other-
23 wise made available under this Act may be used by the De-
24 partments of Commerce and Justice, the National Aero-
25 nautics and Space Administration, or the National Science
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00226 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
227
1 Foundation to acquire a high-impact or moderate-impact
2 information system, as defined for security categorization
3 in the National Institute of Standards and Technology’s
4 (NIST) Federal Information Processing Standard Publica-
5 tion 199, ‘‘Standards for Security Categorization of Federal
6 Information and Information Systems’’ unless the agency
7 has—
8 (1) reviewed the supply chain risk for the infor-
9 mation systems against criteria developed by NIST
10 and the Federal Bureau of Investigation (FBI) to in-
11 form acquisition decisions for high-impact and mod-
12 erate-impact information systems within the Federal
13 Government;
14 (2) reviewed the supply chain risk from the pre-
15 sumptive awardee against available and relevant
16 threat information provided by the FBI and other ap-
17 propriate agencies; and
18 (3) in consultation with the FBI or other appro-
19 priate Federal entity, conducted an assessment of any
20 risk of cyber-espionage or sabotage associated with the
21 acquisition of such system, including any risk associ-
22 ated with such system being produced, manufactured,
23 or assembled by one or more entities identified by the
24 United States Government as posing a cyber threat,
25 including but not limited to, those that may be
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00227 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
228
1 owned, directed, or subsidized by the People’s Repub-
2 lic of China, the Islamic Republic of Iran, the Demo-
3 cratic People’s Republic of Korea, or the Russian Fed-
4 eration.
5 (b) None of the funds appropriated or otherwise made
6 available under this Act may be used to acquire a high-
7 impact or moderate-impact information system reviewed
8 and assessed under subsection (a) unless the head of the as-
9 sessing entity described in subsection (a) has—
10 (1) developed, in consultation with NIST, the
11 FBI, and supply chain risk management experts, a
12 mitigation strategy for any identified risks;
13 (2) determined, in consultation with NIST and
14 the FBI, that the acquisition of such system is in the
15 national interest of the United States; and
16 (3) reported that determination to the Commit-
17 tees on Appropriations of the House of Representa-
18 tives and the Senate and the agency Inspector Gen-
19 eral.
20 SEC. 515. None of the funds made available in this
21 Act shall be used in any way whatsoever to support or jus-
22 tify the use of torture by any official or contract employee
23 of the United States Government.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00228 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
229
1 SEC. 516. None of the funds made available in this
2 Act may be used to include in any new bilateral or multi-
3 lateral trade agreement the text of—
4 (1) paragraph 2 of article 16.7 of the United
5 States–Singapore Free Trade Agreement;
6 (2) paragraph 4 of article 17.9 of the United
7 States–Australia Free Trade Agreement; or
8 (3) paragraph 4 of article 15.9 of the United
9 States–Morocco Free Trade Agreement.
10 SEC. 517. None of the funds made available in this
11 Act may be used to authorize or issue a national security
12 letter in contravention of any of the following laws author-
13 izing the Federal Bureau of Investigation to issue national
14 security letters: The Right to Financial Privacy Act of
15 1978; The Electronic Communications Privacy Act of 1986;
16 The Fair Credit Reporting Act; The National Security Act
17 of 1947; USA PATRIOT Act; USA FREEDOM Act of
18 2015; and the laws amended by these Acts.
19 SEC. 518. If at any time during any quarter, the pro-
20 gram manager of a project within the jurisdiction of the
21 Departments of Commerce or Justice, the National Aero-
22 nautics and Space Administration, or the National Science
23 Foundation totaling more than $75,000,000 has reasonable
24 cause to believe that the total program cost has increased
25 by 10 percent or more, the program manager shall imme-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00229 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
230
1 diately inform the respective Secretary, Administrator, or
2 Director. The Secretary, Administrator, or Director shall
3 notify the House and Senate Committees on Appropriations
4 within 30 days in writing of such increase, and shall in-
5 clude in such notice: the date on which such determination
6 was made; a statement of the reasons for such increases;
7 the action taken and proposed to be taken to control future
8 cost growth of the project; changes made in the performance
9 or schedule milestones and the degree to which such changes
10 have contributed to the increase in total program costs or
11 procurement costs; new estimates of the total project or pro-
12 curement costs; and a statement validating that the project’s
13 management structure is adequate to control total project
14 or procurement costs.
15 SEC. 519. Funds appropriated by this Act, or made
16 available by the transfer of funds in this Act, for intelligence
17 or intelligence related activities are deemed to be specifi-
18 cally authorized by the Congress for purposes of section 504
19 of the National Security Act of 1947 (50 U.S.C. 3094) dur-
20 ing fiscal year 2021 until the enactment of the Intelligence
21 Authorization Act for fiscal year 2021.
22 SEC. 520. None of the funds appropriated or otherwise
23 made available by this Act may be used to enter into a
24 contract in an amount greater than $5,000,000 or to award
25 a grant in excess of such amount unless the prospective con-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00230 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
231
1 tractor or grantee certifies in writing to the agency award-
2 ing the contract or grant that, to the best of its knowledge
3 and belief, the contractor or grantee has filed all Federal
4 tax returns required during the three years preceding the
5 certification, has not been convicted of a criminal offense
6 under the Internal Revenue Code of 1986, and has not, more
7 than 90 days prior to certification, been notified of any
8 unpaid Federal tax assessment for which the liability re-
9 mains unsatisfied, unless the assessment is the subject of
10 an installment agreement or offer in compromise that has
11 been approved by the Internal Revenue Service and is not
12 in default, or the assessment is the subject of a non-frivolous
13 administrative or judicial proceeding.
14 (RESCISSIONS)
15 SEC. 521. (a) Of the unobligated balances from prior
16 year appropriations available to the Department of Com-
17 merce, the following funds are hereby permanently re-
18 scinded, not later than September 30, 2021, from the fol-
19 lowing accounts in the specified amounts—
20 (1) ‘‘Economic Development Administration,
21 Economic Development Assistance Programs’’,
22 $10,000,000; and
23 (2) ‘‘National Oceanic and Atmospheric Admin-
24 istration, Fisheries Enforcement Asset Forfeiture
25 Fund’’, $5,000,000.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00231 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
232
1 (b) Of the unobligated balances available to the De-
2 partment of Justice, the following funds are hereby perma-
3 nently rescinded, not later than September 30, 2021, from
4 the following accounts in the specified amounts—
5 (1) ‘‘Working Capital Fund’’, $188,000,000;
6 (2) ‘‘Federal Bureau of Investigation, Salaries
7 and Expenses’’, $80,000,000 including from, but not
8 limited to, fees collected to defray expenses for the au-
9 tomation of fingerprint identification and criminal
10 justice information services and associated costs;
11 (3) ‘‘State and Local Law Enforcement Activi-
12 ties, Office of Justice Programs’’, $127,000,000; and
13 (4) ‘‘State and Local Law Enforcement Activi-
14 ties, Community Oriented Policing Services’’,
15 $15,000,000.
16 (c) The Departments of Commerce and Justice shall
17 submit to the Committees on Appropriations of the House
18 of Representatives and the Senate a report no later than
19 September 1, 2021, specifying the amount of each rescission
20 made pursuant to subsections (a) and (b).
21 (d) The amounts rescinded in subsections (a) and (b)
22 shall not be from amounts that were designated by the Con-
23 gress as an emergency or disaster relief requirement pursu-
24 ant to the concurrent resolution on the budget or the Bal-
25 anced Budget and Emergency Deficit Control Act of 1985.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00232 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
233
1 SEC. 522. None of the funds made available in this
2 Act may be used to purchase first class or premium airline
3 travel in contravention of sections 301–10.122 through 301–
4 10.124 of title 41 of the Code of Federal Regulations.
5 SEC. 523. None of the funds made available in this
6 Act may be used to send or otherwise pay for the attendance
7 of more than 50 employees from a Federal department or
8 agency, who are stationed in the United States, at any sin-
9 gle conference occurring outside the United States unless—
10 (1) such conference is a law enforcement training
11 or operational conference for law enforcement per-
12 sonnel and the majority of Federal employees in at-
13 tendance are law enforcement personnel stationed out-
14 side the United States; or
15 (2) such conference is a scientific conference and
16 the department or agency head determines that such
17 attendance is in the national interest and notifies the
18 Committees on Appropriations of the House of Rep-
19 resentatives and the Senate within at least 15 days
20 of that determination and the basis for that deter-
21 mination.
22 SEC. 524. The Director of the Office of Management
23 and Budget shall instruct any department, agency, or in-
24 strumentality of the United States receiving funds appro-
25 priated under this Act to track undisbursed balances in ex-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
234
1 pired grant accounts and include in its annual performance
2 plan and performance and accountability reports the fol-
3 lowing:
4 (1) Details on future action the department,
5 agency, or instrumentality will take to resolve
6 undisbursed balances in expired grant accounts.
7 (2) The method that the department, agency, or
8 instrumentality uses to track undisbursed balances in
9 expired grant accounts.
10 (3) Identification of undisbursed balances in ex-
11 pired grant accounts that may be returned to the
12 Treasury of the United States.
13 (4) In the preceding 3 fiscal years, details on the
14 total number of expired grant accounts with
15 undisbursed balances (on the first day of each fiscal
16 year) for the department, agency, or instrumentality
17 and the total finances that have not been obligated to
18 a specific project remaining in the accounts.
19 SEC. 525. To the extent practicable, funds made avail-
20 able in this Act should be used to purchase light bulbs that
21 are ‘‘Energy Star’’ qualified or have the ‘‘Federal Energy
22 Management Program’’ designation.
23 SEC. 526. (a) None of the funds made available by this
24 Act may be used for the National Aeronautics and Space
25 Administration (NASA), the Office of Science and Tech-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00234 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
235
1 nology Policy (OSTP), or the National Space Council
2 (NSC) to develop, design, plan, promulgate, implement, or
3 execute a bilateral policy, program, order, or contract of
4 any kind to participate, collaborate, or coordinate bilat-
5 erally in any way with China or any Chinese-owned com-
6 pany unless such activities are specifically authorized by
7 a law enacted after the date of enactment of this Act.
8 (b) None of the funds made available by this Act may
9 be used to effectuate the hosting of official Chinese visitors
10 at facilities belonging to or utilized by NASA.
11 (c) The limitations described in subsections (a) and
12 (b) shall not apply to activities which NASA, OSTP, or
13 NSC, after consultation with the Federal Bureau of Inves-
14 tigation, have certified—
15 (1) pose no risk of resulting in the transfer of
16 technology, data, or other information with national
17 security or economic security implications to China
18 or a Chinese-owned company; and
19 (2) will not involve knowing interactions with
20 officials who have been determined by the United
21 States to have direct involvement with violations of
22 human rights.
23 (d) Any certification made under subsection (c) shall
24 be submitted to the Committees on Appropriations of the
25 House of Representatives and the Senate, and the Federal
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00235 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
236
1 Bureau of Investigation, no later than 30 days prior to the
2 activity in question and shall include a description of the
3 purpose of the activity, its agenda, its major participants,
4 and its location and timing.
5 SEC. 527. (a) None of the funds made available in this
6 Act may be used to maintain or establish a computer net-
7 work unless such network blocks the viewing, downloading,
8 and exchanging of pornography.
9 (b) Nothing in subsection (a) shall limit the use of
10 funds necessary for any Federal, State, Tribal, or local law
11 enforcement agency or any other entity carrying out crimi-
12 nal investigations, prosecution, adjudication, or other law
13 enforcement- or victim assistance-related activity.
14 SEC. 528. The Departments of Commerce and Justice,
15 the National Aeronautics and Space Administration, the
16 National Science Foundation, the Commission on Civil
17 Rights, the Equal Employment Opportunity Commission,
18 the International Trade Commission, the Legal Services
19 Corporation, the Marine Mammal Commission, the Offices
20 of Science and Technology Policy and the United States
21 Trade Representative, the National Space Council, and the
22 State Justice Institute shall submit spending plans, signed
23 by the respective department or agency head, to the Com-
24 mittees on Appropriations of the House of Representatives
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00236 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
237
1 and the Senate not later than 45 days after the date of en-
2 actment of this Act.
3 SEC. 529. Notwithstanding any other provision of this
4 Act, none of the funds appropriated or otherwise made
5 available by this Act may be used to pay award or incentive
6 fees for contractor performance that has been judged to be
7 below satisfactory performance or for performance that does
8 not meet the basic requirements of a contract.
9 SEC. 530. None of the funds made available by this
10 Act may be used in contravention of section 7606 (‘‘Legit-
11 imacy of Industrial Hemp Research’’) of the Agricultural
12 Act of 2014 (Public Law 113–79) by the Department of Jus-
13 tice or the Drug Enforcement Administration.
14 SEC. 531. None of the funds made available under this
15 Act to the Department of Justice may be used, with respect
16 to any of the States of Alabama, Alaska, Arizona, Arkansas,
17 California, Colorado, Connecticut, Delaware, Florida, Geor-
18 gia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana,
19 Maine, Maryland, Massachusetts, Michigan, Minnesota,
20 Mississippi, Missouri, Montana, Nevada, New Hampshire,
21 New Jersey, New Mexico, New York, North Carolina, North
22 Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Is-
23 land, South Carolina, South Dakota, Tennessee, Texas,
24 Utah, Vermont, Virginia, Washington, West Virginia, Wis-
25 consin, and Wyoming, or with respect to the District of Co-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00237 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
238
1 lumbia, the Commonwealth of the Northern Mariana Is-
2 lands, the United States Virgin Islands, Guam, or Puerto
3 Rico, to prevent any of them from implementing their own
4 laws that authorize the use, distribution, possession, or cul-
5 tivation of medical marijuana.
6 SEC. 532. The Department of Commerce, the National
7 Aeronautics and Space Administration, and the National
8 Science Foundation shall provide a quarterly report to the
9 Committees on Appropriations of the House of Representa-
10 tives and the Senate on any official travel to China by any
11 employee of such Department or agency, including the pur-
12 pose of such travel.
13 SEC. 533. None of the funds provided in this Act shall
14 be available for obligation for the James Webb Space Tele-
15 scope (JWST) after December 31, 2021, if the individual
16 identified under subsection (c)(2)(E) of section 30104 of
17 title 51, United States Code, as responsible for JWST deter-
18 mines that the formulation and development costs (with de-
19 velopment cost as defined under section 30104 of title 51,
20 United States Code) are likely to exceed $8,802,700,000, un-
21 less the program is modified so that the costs do not exceed
22 $8,802,700,000.
23 SEC. 534. Of the amounts made available by this Act,
24 not less than 10 percent of each total amount provided, re-
25 spectively, for Public Works grants authorized by the Public
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00238 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
239
1 Works and Economic Development Act of 1965 and grants
2 authorized by section 27 of the Stevenson-Wydler Tech-
3 nology Innovation Act of 1980 (15 U.S.C. 3722) shall be
4 allocated for assistance in persistent poverty counties: Pro-
5 vided, That for purposes of this section, the term ‘‘persistent
6 poverty counties’’ means any county that has had 20 per-
7 cent or more of its population living in poverty over the
8 past 30 years, as measured by the 1990 and 2000 decennial
9 censuses and the most recent Small Area Income and Pov-
10 erty Estimates, or any Territory or possession of the United
11 States.
12 SEC. 535. None of the funds appropriated or otherwise
13 made available in this or any other Act may be used to
14 transfer, release, or assist in the transfer or release to or
15 within the United States, its territories, or possessions
16 Khalid Sheikh Mohammed or any other detainee who—
17 (1) is not a United States citizen or a member
18 of the Armed Forces of the United States; and
19 (2) is or was held on or after June 24, 2009, at
20 the United States Naval Station, Guantanamo Bay,
21 Cuba, by the Department of Defense.
22 SEC. 536. (a) None of the funds appropriated or other-
23 wise made available in this or any other Act may be used
24 to construct, acquire, or modify any facility in the United
25 States, its territories, or possessions to house any individual
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00239 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
240
1 described in subsection (c) for the purposes of detention or
2 imprisonment in the custody or under the effective control
3 of the Department of Defense.
4 (b) The prohibition in subsection (a) shall not apply
5 to any modification of facilities at United States Naval
6 Station, Guantanamo Bay, Cuba.
7 (c) An individual described in this subsection is any
8 individual who, as of June 24, 2009, is located at United
9 States Naval Station, Guantanamo Bay, Cuba, and who—
10 (1) is not a citizen of the United States or a
11 member of the Armed Forces of the United States; and
12 (2) is—
13 (A) in the custody or under the effective
14 control of the Department of Defense; or
15 (B) otherwise under detention at United
16 States Naval Station, Guantanamo Bay, Cuba.
17 SEC. 537. (a) Notwithstanding any other provision of
18 law or treaty, none of the funds appropriated or otherwise
19 made available under this Act or any other Act may be
20 expended or obligated by a department, agency, or instru-
21 mentality of the United States to pay administrative ex-
22 penses or to compensate an officer or employee of the United
23 States in connection with requiring an export license for
24 the export to Canada of components, parts, accessories or
25 attachments for firearms listed in Category I, section 121.1
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00240 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
241
1 of title 22, Code of Federal Regulations (International Traf-
2 ficking in Arms Regulations (ITAR), part 121, as it existed
3 on April 1, 2005) with a total value not exceeding $500
4 wholesale in any transaction, provided that the conditions
5 of subsection (b) of this section are met by the exporting
6 party for such articles.
7 (b) The foregoing exemption from obtaining an export
8 license—
9 (1) does not exempt an exporter from filing any
10 Shipper’s Export Declaration or notification letter re-
11 quired by law, or from being otherwise eligible under
12 the laws of the United States to possess, ship, trans-
13 port, or export the articles enumerated in subsection
14 (a); and
15 (2) does not permit the export without a license
16 of—
17 (A) fully automatic firearms and compo-
18 nents and parts for such firearms, other than for
19 end use by the Federal Government, or a Provin-
20 cial or Municipal Government of Canada;
21 (B) barrels, cylinders, receivers (frames) or
22 complete breech mechanisms for any firearm list-
23 ed in Category I, other than for end use by the
24 Federal Government, or a Provincial or Munic-
25 ipal Government of Canada; or
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00241 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
242
1 (C) articles for export from Canada to an-
2 other foreign destination.
3 (c) In accordance with this section, the District Direc-
4 tors of Customs and postmasters shall permit the permanent
5 or temporary export without a license of any unclassified
6 articles specified in subsection (a) to Canada for end use
7 in Canada or return to the United States, or temporary
8 import of Canadian-origin items from Canada for end use
9 in the United States or return to Canada for a Canadian
10 citizen.
11 (d) The President may require export licenses under
12 this section on a temporary basis if the President deter-
13 mines, upon publication first in the Federal Register, that
14 the Government of Canada has implemented or maintained
15 inadequate import controls for the articles specified in sub-
16 section (a), such that a significant diversion of such articles
17 has and continues to take place for use in international
18 terrorism or in the escalation of a conflict in another na-
19 tion. The President shall terminate the requirements of a
20 license when reasons for the temporary requirements have
21 ceased.
22 SEC. 538. Notwithstanding any other provision of law,
23 no department, agency, or instrumentality of the United
24 States receiving appropriated funds under this Act or any
25 other Act shall obligate or expend in any way such funds
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
243
1 to pay administrative expenses or the compensation of any
2 officer or employee of the United States to deny any appli-
3 cation submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
4 qualified pursuant to 27 CFR section 478.112 or .113, for
5 a permit to import United States origin ‘‘curios or relics’’
6 firearms, parts, or ammunition.
7 SEC. 539. None of the funds made available by this
8 Act may be used to pay the salaries or expenses of personnel
9 to deny, or fail to act on, an application for the importation
10 of any model of shotgun if—
11 (1) all other requirements of law with respect to
12 the proposed importation are met; and
13 (2) no application for the importation of such
14 model of shotgun, in the same configuration, had been
15 denied by the Attorney General prior to January 1,
16 2011, on the basis that the shotgun was not particu-
17 larly suitable for or readily adaptable to sporting
18 purposes.
19 SEC. 540. None of the funds made available by this
20 Act may be obligated or expended to implement the Arms
21 Trade Treaty until the Senate approves a resolution of rati-
22 fication for the Treaty.
23 SEC. 541. For an additional amount for ‘‘United
24 States Marshals Service, Federal Prisoner Detention’’,
25 $125,000,000, to remain available until expended, to pre-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00243 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
244
1 vent, prepare for, and respond to coronavirus, domestically
2 or internationally, including for necessary expenses related
3 to United States prisoners in the custody of the United
4 States Marshals Service, to be used only as authorized by
5 section 4013 of title 18, United States Code: Provided, That
6 such amount is designated by the Congress as being for an
7 emergency requirement pursuant to section 251(b)(2)(A)(i)
8 of the Balanced Budget and Emergency Deficit Control Act
9 of 1985.
10 SEC. 542. For an additional amount for ‘‘Federal Bu-
11 reau of Investigation, Salaries and Expenses’’,
12 $179,000,000, to remain available until September 30,
13 2022, to prevent, prepare for, and respond to coronavirus,
14 domestically or internationally, including the impact of
15 coronavirus on the work of the Department of Justice, to
16 make necessary improvements to the National Instant
17 Criminal Background Check System, and to offset the loss
18 resulting from the coronavirus pandemic of fees collected
19 pursuant to section 41104 of title 34, United States Code:
20 Provided, That such amount is designated by the Congress
21 as being for an emergency requirement pursuant to section
22 251(b)(2)(A)(i) of the Balanced Budget and Emergency
23 Deficit Control Act of 1985.
24 SEC. 543. For an additional amount for ‘‘Federal
25 Prison System, Salaries and Expenses’’, $300,000,000, to
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00244 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
245
1 remain available until September 30, 2022, to prevent, pre-
2 pare for, and respond to coronavirus, domestically or inter-
3 nationally, including the impact of coronavirus on the work
4 of the Department of Justice: Provided, That such amount
5 is designated by the Congress as being for an emergency
6 requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
7 anced Budget and Emergency Deficit Control Act of 1985.
8 This division may be cited as the ‘‘Commerce, Justice,
9 Science, and Related Agencies Appropriations Act, 2021’’.
10 DIVISION C—DEPARTMENT OF DEFENSE
11 APPROPRIATIONS ACT, 2021
12 TITLE I
13 MILITARY PERSONNEL
14 MILITARY PERSONNEL, ARMY
15 For pay, allowances, individual clothing, subsistence,
16 interest on deposits, gratuities, permanent change of station
17 travel (including all expenses thereof for organizational
18 movements), and expenses of temporary duty travel between
19 permanent duty stations, for members of the Army on active
20 duty (except members of reserve components provided for
21 elsewhere), cadets, and aviation cadets; for members of the
22 Reserve Officers’ Training Corps; and for payments pursu-
23 ant to section 156 of Public Law 97–377, as amended (42
24 U.S.C. 402 note), and to the Department of Defense Mili-
25 tary Retirement Fund, $44,861,853,000.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00245 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
246
1 MILITARY PERSONNEL, NAVY
2 For pay, allowances, individual clothing, subsistence,
3 interest on deposits, gratuities, permanent change of station
4 travel (including all expenses thereof for organizational
5 movements), and expenses of temporary duty travel between
6 permanent duty stations, for members of the Navy on active
7 duty (except members of the Reserve provided for elsewhere),
8 midshipmen, and aviation cadets; for members of the Re-
9 serve Officers’ Training Corps; and for payments pursuant
10 to section 156 of Public Law 97–377, as amended (42
11 U.S.C. 402 note), and to the Department of Defense Mili-
12 tary Retirement Fund, $33,764,579,000.
13 MILITARY PERSONNEL, MARINE CORPS
14 For pay, allowances, individual clothing, subsistence,
15 interest on deposits, gratuities, permanent change of station
16 travel (including all expenses thereof for organizational
17 movements), and expenses of temporary duty travel between
18 permanent duty stations, for members of the Marine Corps
19 on active duty (except members of the Reserve provided for
20 elsewhere); and for payments pursuant to section 156 of
21 Public Law 97–377, as amended (42 U.S.C. 402 note), and
22 to the Department of Defense Military Retirement Fund,
23 $14,557,436,000.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00246 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
247
1 MILITARY PERSONNEL, AIR FORCE
2 For pay, allowances, individual clothing, subsistence,
3 interest on deposits, gratuities, permanent change of station
4 travel (including all expenses thereof for organizational
5 movements), and expenses of temporary duty travel between
6 permanent duty stations, for members of the Air Force on
7 active duty (except members of reserve components provided
8 for elsewhere), cadets, and aviation cadets; for members of
9 the Reserve Officers’ Training Corps; and for payments
10 pursuant to section 156 of Public Law 97–377, as amended
11 (42 U.S.C. 402 note), and to the Department of Defense
12 Military Retirement Fund, $32,784,171,000.
13 RESERVE PERSONNEL, ARMY
14 For pay, allowances, clothing, subsistence, gratuities,
15 travel, and related expenses for personnel of the Army Re-
16 serve on active duty under sections 10211, 10302, and 7038
17 of title 10, United States Code, or while serving on active
18 duty under section 12301(d) of title 10, United States Code,
19 in connection with performing duty specified in section
20 12310(a) of title 10, United States Code, or while under-
21 going reserve training, or while performing drills or equiva-
22 lent duty or other duty, and expenses authorized by section
23 16131 of title 10, United States Code; and for payments
24 to the Department of Defense Military Retirement Fund,
25 $5,037,119,000.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00247 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
248
1 RESERVE PERSONNEL, NAVY
2 For pay, allowances, clothing, subsistence, gratuities,
3 travel, and related expenses for personnel of the Navy Re-
4 serve on active duty under section 10211 of title 10, United
5 States Code, or while serving on active duty under section
6 12301(d) of title 10, United States Code, in connection with
7 performing duty specified in section 12310(a) of title 10,
8 United States Code, or while undergoing reserve training,
9 or while performing drills or equivalent duty, and expenses
10 authorized by section 16131 of title 10, United States Code;
11 and for payments to the Department of Defense Military
12 Retirement Fund, $2,200,600,000.
13 RESERVE PERSONNEL, MARINE CORPS
14 For pay, allowances, clothing, subsistence, gratuities,
15 travel, and related expenses for personnel of the Marine
16 Corps Reserve on active duty under section 10211 of title
17 10, United States Code, or while serving on active duty
18 under section 12301(d) of title 10, United States Code, in
19 connection with performing duty specified in section
20 12310(a) of title 10, United States Code, or while under-
21 going reserve training, or while performing drills or equiva-
22 lent duty, and for members of the Marine Corps platoon
23 leaders class, and expenses authorized by section 16131 of
24 title 10, United States Code; and for payments to the De-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00248 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
249
1 partment of Defense Military Retirement Fund,
2 $843,564,000.
3 RESERVE PERSONNEL, AIR FORCE
4 For pay, allowances, clothing, subsistence, gratuities,
5 travel, and related expenses for personnel of the Air Force
6 Reserve on active duty under sections 10211, 10305, and
7 8038 of title 10, United States Code, or while serving on
8 active duty under section 12301(d) of title 10, United States
9 Code, in connection with performing duty specified in sec-
10 tion 12310(a) of title 10, United States Code, or while un-
11 dergoing reserve training, or while performing drills or
12 equivalent duty or other duty, and expenses authorized by
13 section 16131 of title 10, United States Code; and for pay-
14 ments to the Department of Defense Military Retirement
15 Fund, $2,193,493,000.
16 NATIONAL GUARD PERSONNEL, ARMY
17 For pay, allowances, clothing, subsistence, gratuities,
18 travel, and related expenses for personnel of the Army Na-
19 tional Guard while on duty under sections 10211, 10302,
20 or 12402 of title 10 or section 708 of title 32, United States
21 Code, or while serving on duty under section 12301(d) of
22 title 10 or section 502(f) of title 32, United States Code,
23 in connection with performing duty specified in section
24 12310(a) of title 10, United States Code, or while under-
25 going training, or while performing drills or equivalent
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00249 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
250
1 duty or other duty, and expenses authorized by section
2 16131 of title 10, United States Code; and for payments
3 to the Department of Defense Military Retirement Fund,
4 $8,663,999,000.
5 NATIONAL GUARD PERSONNEL, AIR FORCE
6 For pay, allowances, clothing, subsistence, gratuities,
7 travel, and related expenses for personnel of the Air Na-
8 tional Guard on duty under sections 10211, 10305, or
9 12402 of title 10 or section 708 of title 32, United States
10 Code, or while serving on duty under section 12301(d) of
11 title 10 or section 502(f) of title 32, United States Code,
12 in connection with performing duty specified in section
13 12310(a) of title 10, United States Code, or while under-
14 going training, or while performing drills or equivalent
15 duty or other duty, and expenses authorized by section
16 16131 of title 10, United States Code; and for payments
17 to the Department of Defense Military Retirement Fund,
18 $4,530,091,000.
19 TITLE II
20 OPERATION AND MAINTENANCE
21 OPERATION AND MAINTENANCE, ARMY
22 For expenses, not otherwise provided for, necessary for
23 the operation and maintenance of the Army, as authorized
24 by law, $38,418,982,000: Provided, That not to exceed
25 $12,478,000 may be used for emergencies and extraordinary
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00250 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
251
1 expenses, to be expended upon the approval or authority
2 of the Secretary of the Army, and payments may be made
3 upon his certificate of necessity for confidential military
4 purposes.
5 OPERATION AND MAINTENANCE, NAVY
6 For expenses, not otherwise provided for, necessary for
7 the operation and maintenance of the Navy and the Marine
8 Corps, as authorized by law, $47,632,527,000: Provided,
9 That not to exceed $15,055,000 may be used for emergencies
10 and extraordinary expenses, to be expended upon the ap-
11 proval or authority of the Secretary of the Navy, and pay-
12 ments may be made upon his certificate of necessity for con-
13 fidential military purposes.
14 OPERATION AND MAINTENANCE, MARINE CORPS
15 For expenses, not otherwise provided for, necessary for
16 the operation and maintenance of the Marine Corps, as au-
17 thorized by law, $7,286,184,000.
18 OPERATION AND MAINTENANCE, AIR FORCE
19 For expenses, not otherwise provided for, necessary for
20 the operation and maintenance of the Air Force, as author-
21 ized by law, $33,528,409,000: Provided, That not to exceed
22 $7,699,000 may be used for emergencies and extraordinary
23 expenses, to be expended upon the approval or authority
24 of the Secretary of the Air Force, and payments may be
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00251 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
252
1 made upon his certificate of necessity for confidential mili-
2 tary purposes.
3 OPERATION AND MAINTENANCE, SPACE FORCE
4 For expenses, not otherwise provided for, necessary for
5 the operation and maintenance of the Space Force, as au-
6 thorized by law, $2,492,114,000.
7 OPERATION AND MAINTENANCE, DEFENSE-WIDE
8 (INCLUDING TRANSFER OF FUNDS)
9 For expenses, not otherwise provided for, necessary for
10 the operation and maintenance of activities and agencies
11 of the Department of Defense (other than the military de-
12 partments), as authorized by law, $39,048,990,000: Pro-
13 vided, That not more than $3,000,000 may be used for the
14 Combatant Commander Initiative Fund authorized under
15 section 166a of title 10, United States Code: Provided fur-
16 ther, That not to exceed $36,000,000 may be used for emer-
17 gencies and extraordinary expenses, to be expended upon
18 the approval or authority of the Secretary of Defense, and
19 payments may be made upon his certificate of necessity for
20 confidential military purposes: Provided further, That of
21 the funds provided under this heading, not less than
22 $48,000,000 shall be made available for the Procurement
23 Technical Assistance Cooperative Agreement Program, of
24 which not less than $4,500,000 shall be available for centers
25 defined in 10 U.S.C. 2411(1)(D): Provided further, That
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00252 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
253
1 none of the funds appropriated or otherwise made available
2 by this Act may be used to plan or implement the consolida-
3 tion of a budget or appropriations liaison office of the Office
4 of the Secretary of Defense, the office of the Secretary of
5 a military department, or the service headquarters of one
6 of the Armed Forces into a legislative affairs or legislative
7 liaison office: Provided further, That $18,000,000, to re-
8 main available until expended, is available only for ex-
9 penses relating to certain classified activities, and may be
10 transferred as necessary by the Secretary of Defense to oper-
11 ation and maintenance appropriations or research, develop-
12 ment, test and evaluation appropriations, to be merged with
13 and to be available for the same time period as the appro-
14 priations to which transferred: Provided further, That any
15 ceiling on the investment item unit cost of items that may
16 be purchased with operation and maintenance funds shall
17 not apply to the funds described in the preceding proviso:
18 Provided further, That of the funds provided under this
19 heading, $656,140,000, of which $434,630,000, to remain
20 available until September 30, 2022, shall be available for
21 International Security Cooperation Programs and other
22 programs to provide support and assistance to foreign secu-
23 rity forces or other groups or individuals to conduct, sup-
24 port or facilitate counterterrorism, crisis response, or build-
25 ing partner capacity programs: Provided further, That the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00253 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
254
1 Secretary of Defense shall, not less than 15 days prior to
2 obligating funds made available in this section for Inter-
3 national Security Cooperation Programs, notify the con-
4 gressional defense committees in writing of the details of
5 any such obligation: Provided further, That the Secretary
6 of Defense shall provide quarterly reports to the Committees
7 on Appropriations of the House of Representatives and the
8 Senate on the use and status of funds made available in
9 this paragraph: Provided further, That the transfer author-
10 ity provided under this heading is in addition to any other
11 transfer authority provided elsewhere in this Act.
12 OPERATION AND MAINTENANCE, ARMY RESERVE
13 For expenses, not otherwise provided for, necessary for
14 the operation and maintenance, including training, organi-
15 zation, and administration, of the Army Reserve; repair of
16 facilities and equipment; hire of passenger motor vehicles;
17 travel and transportation; care of the dead; recruiting; pro-
18 curement of services, supplies, and equipment; and commu-
19 nications, $2,887,898,000.
20 OPERATION AND MAINTENANCE, NAVY RESERVE
21 For expenses, not otherwise provided for, necessary for
22 the operation and maintenance, including training, organi-
23 zation, and administration, of the Navy Reserve; repair of
24 facilities and equipment; hire of passenger motor vehicles;
25 travel and transportation; care of the dead; recruiting; pro-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00254 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
255
1 curement of services, supplies, and equipment; and commu-
2 nications, $1,115,150,000.
3 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
4 For expenses, not otherwise provided for, necessary for
5 the operation and maintenance, including training, organi-
6 zation, and administration, of the Marine Corps Reserve;
7 repair of facilities and equipment; hire of passenger motor
8 vehicles; travel and transportation; care of the dead; recruit-
9 ing; procurement of services, supplies, and equipment; and
10 communications, $283,494,000.
11 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
12 For expenses, not otherwise provided for, necessary for
13 the operation and maintenance, including training, organi-
14 zation, and administration, of the Air Force Reserve; repair
15 of facilities and equipment; hire of passenger motor vehicles;
16 travel and transportation; care of the dead; recruiting; pro-
17 curement of services, supplies, and equipment; and commu-
18 nications, $3,268,461,000.
19 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
20 For expenses of training, organizing, and admin-
21 istering the Army National Guard, including medical and
22 hospital treatment and related expenses in non-Federal hos-
23 pitals; maintenance, operation, and repairs to structures
24 and facilities; hire of passenger motor vehicles; personnel
25 services in the National Guard Bureau; travel expenses
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00255 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
256
1 (other than mileage), as authorized by law for Army per-
2 sonnel on active duty, for Army National Guard division,
3 regimental, and battalion commanders while inspecting
4 units in compliance with National Guard Bureau regula-
5 tions when specifically authorized by the Chief, National
6 Guard Bureau; supplying and equipping the Army Na-
7 tional Guard as authorized by law; and expenses of repair,
8 modification, maintenance, and issue of supplies and
9 equipment (including aircraft), $7,350,837,000.
10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
11 For expenses of training, organizing, and admin-
12 istering the Air National Guard, including medical and
13 hospital treatment and related expenses in non-Federal hos-
14 pitals; maintenance, operation, and repairs to structures
15 and facilities; transportation of things, hire of passenger
16 motor vehicles; supplying and equipping the Air National
17 Guard, as authorized by law; expenses for repair, modifica-
18 tion, maintenance, and issue of supplies and equipment,
19 including those furnished from stocks under the control of
20 agencies of the Department of Defense; travel expenses (other
21 than mileage) on the same basis as authorized by law for
22 Air National Guard personnel on active Federal duty, for
23 Air National Guard commanders while inspecting units in
24 compliance with National Guard Bureau regulations when
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00256 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
257
1 specifically authorized by the Chief, National Guard Bu-
2 reau, $6,785,853,000.
3 UNITED STATES COURT OF APPEALS FOR THE ARMED
4 FORCES
5 For salaries and expenses necessary for the United
6 States Court of Appeals for the Armed Forces, $15,211,000,
7 of which not to exceed $5,000 may be used for official rep-
8 resentation purposes.
9 ENVIRONMENTAL RESTORATION, ARMY
10 (INCLUDING TRANSFER OF FUNDS)
11 For the Department of the Army, $264,285,000, to re-
12 main available until transferred: Provided, That the Sec-
13 retary of the Army shall, upon determining that such funds
14 are required for environmental restoration, reduction and
15 recycling of hazardous waste, removal of unsafe buildings
16 and debris of the Department of the Army, or for similar
17 purposes, transfer the funds made available by this appro-
18 priation to other appropriations made available to the De-
19 partment of the Army, to be merged with and to be available
20 for the same purposes and for the same time period as the
21 appropriations to which transferred: Provided further, That
22 upon a determination that all or part of the funds trans-
23 ferred from this appropriation are not necessary for the
24 purposes provided herein, such amounts may be transferred
25 back to this appropriation: Provided further, That the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00257 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
258
1 transfer authority provided under this heading is in addi-
2 tion to any other transfer authority provided elsewhere in
3 this Act.
4 ENVIRONMENTAL RESTORATION, NAVY
5 (INCLUDING TRANSFER OF FUNDS)
6 For the Department of the Navy, $421,250,000, to re-
7 main available until transferred: Provided, That the Sec-
8 retary of the Navy shall, upon determining that such funds
9 are required for environmental restoration, reduction and
10 recycling of hazardous waste, removal of unsafe buildings
11 and debris of the Department of the Navy, or for similar
12 purposes, transfer the funds made available by this appro-
13 priation to other appropriations made available to the De-
14 partment of the Navy, to be merged with and to be available
15 for the same purposes and for the same time period as the
16 appropriations to which transferred: Provided further, That
17 upon a determination that all or part of the funds trans-
18 ferred from this appropriation are not necessary for the
19 purposes provided herein, such amounts may be transferred
20 back to this appropriation: Provided further, That the
21 transfer authority provided under this heading is in addi-
22 tion to any other transfer authority provided elsewhere in
23 this Act.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00258 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
259
1 ENVIRONMENTAL RESTORATION, AIR FORCE
2 (INCLUDING TRANSFER OF FUNDS)
3 For the Department of the Air Force, $509,250,000,
4 to remain available until transferred: Provided, That the
5 Secretary of the Air Force shall, upon determining that
6 such funds are required for environmental restoration, re-
7 duction and recycling of hazardous waste, removal of unsafe
8 buildings and debris of the Department of the Air Force,
9 or for similar purposes, transfer the funds made available
10 by this appropriation to other appropriations made avail-
11 able to the Department of the Air Force, to be merged with
12 and to be available for the same purposes and for the same
13 time period as the appropriations to which transferred:
14 Provided further, That upon a determination that all or
15 part of the funds transferred from this appropriation are
16 not necessary for the purposes provided herein, such
17 amounts may be transferred back to this appropriation:
18 Provided further, That the transfer authority provided
19 under this heading is in addition to any other transfer au-
20 thority provided elsewhere in this Act.
21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
22 (INCLUDING TRANSFER OF FUNDS)
23 For the Department of Defense, $19,952,000, to remain
24 available until transferred: Provided, That the Secretary of
25 Defense shall, upon determining that such funds are re-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00259 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
260
1 quired for environmental restoration, reduction and recy-
2 cling of hazardous waste, removal of unsafe buildings and
3 debris of the Department of Defense, or for similar purposes,
4 transfer the funds made available by this appropriation to
5 other appropriations made available to the Department of
6 Defense, to be merged with and to be available for the same
7 purposes and for the same time period as the appropria-
8 tions to which transferred: Provided further, That upon a
9 determination that all or part of the funds transferred from
10 this appropriation are not necessary for the purposes pro-
11 vided herein, such amounts may be transferred back to this
12 appropriation: Provided further, That the transfer author-
13 ity provided under this heading is in addition to any other
14 transfer authority provided elsewhere in this Act.
15 ENVIRONMENTAL RESTORATION, FORMERLY USED
16 DEFENSE SITES
17 (INCLUDING TRANSFER OF FUNDS)
18 For the Department of the Army, $288,750,000, to re-
19 main available until transferred: Provided, That the Sec-
20 retary of the Army shall, upon determining that such funds
21 are required for environmental restoration, reduction and
22 recycling of hazardous waste, removal of unsafe buildings
23 and debris at sites formerly used by the Department of De-
24 fense, transfer the funds made available by this appropria-
25 tion to other appropriations made available to the Depart-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00260 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
261
1 ment of the Army, to be merged with and to be available
2 for the same purposes and for the same time period as the
3 appropriations to which transferred: Provided further, That
4 upon a determination that all or part of the funds trans-
5 ferred from this appropriation are not necessary for the
6 purposes provided herein, such amounts may be transferred
7 back to this appropriation: Provided further, That the
8 transfer authority provided under this heading is in addi-
9 tion to any other transfer authority provided elsewhere in
10 this Act.
11 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
12 For expenses relating to the Overseas Humanitarian,
13 Disaster, and Civic Aid programs of the Department of De-
14 fense (consisting of the programs provided under sections
15 401, 402, 404, 407, 2557, and 2561 of title 10, United
16 States Code), $147,500,000, to remain available until Sep-
17 tember 30, 2022: Provided, That such amounts shall not
18 be subject to the limitation in section 407(c)(3) of title 10,
19 United States Code.
20 COOPERATIVE THREAT REDUCTION ACCOUNT
21 For assistance, including assistance provided by con-
22 tract or by grants, under programs and activities of the
23 Department of Defense Cooperative Threat Reduction Pro-
24 gram authorized under the Department of Defense Coopera-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00261 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
262
1 tive Threat Reduction Act, $360,190,000, to remain avail-
2 able until September 30, 2023.
3 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE
4 DEVELOPMENT ACCOUNT
5 For the Department of Defense Acquisition Workforce
6 Development Account, $88,181,000, to remain available for
7 obligation until September 30, 2021: Provided, That no
8 other amounts may be otherwise credited or transferred to
9 the Account, or deposited into the Account, in fiscal year
10 2021 pursuant to section 1705(d) of title 10, United States
11 Code.
12 TITLE III
13 PROCUREMENT
14 AIRCRAFT PROCUREMENT, ARMY
15 For construction, procurement, production, modifica-
16 tion, and modernization of aircraft, equipment, including
17 ordnance, ground handling equipment, spare parts, and ac-
18 cessories therefor; specialized equipment and training de-
19 vices; expansion of public and private plants, including the
20 land necessary therefor, for the foregoing purposes, and such
21 lands and interests therein, may be acquired, and construc-
22 tion prosecuted thereon prior to approval of title; and pro-
23 curement and installation of equipment, appliances, and
24 machine tools in public and private plants; reserve plant
25 and Government and contractor-owned equipment layaway;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00262 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
263
1 and other expenses necessary for the foregoing purposes,
2 $3,457,342,000, to remain available for obligation until
3 September 30, 2023.
4 MISSILE PROCUREMENT, ARMY
5 For construction, procurement, production, modifica-
6 tion, and modernization of missiles, equipment, including
7 ordnance, ground handling equipment, spare parts, and ac-
8 cessories therefor; specialized equipment and training de-
9 vices; expansion of public and private plants, including the
10 land necessary therefor, for the foregoing purposes, and such
11 lands and interests therein, may be acquired, and construc-
12 tion prosecuted thereon prior to approval of title; and pro-
13 curement and installation of equipment, appliances, and
14 machine tools in public and private plants; reserve plant
15 and Government and contractor-owned equipment layaway;
16 and other expenses necessary for the foregoing purposes,
17 $3,220,541,000, to remain available for obligation until
18 September 30, 2023.
19 PROCUREMENT OF WEAPONS AND TRACKED COMBAT
20 VEHICLES, ARMY
21 For construction, procurement, production, and modi-
22 fication of weapons and tracked combat vehicles, equipment,
23 including ordnance, spare parts, and accessories therefor;
24 specialized equipment and training devices; expansion of
25 public and private plants, including the land necessary
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00263 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
264
1 therefor, for the foregoing purposes, and such lands and in-
2 terests therein, may be acquired, and construction pros-
3 ecuted thereon prior to approval of title; and procurement
4 and installation of equipment, appliances, and machine
5 tools in public and private plants; reserve plant and Gov-
6 ernment and contractor-owned equipment layaway; and
7 other expenses necessary for the foregoing purposes,
8 $3,611,887,000, to remain available for obligation until
9 September 30, 2023.
10 PROCUREMENT OF AMMUNITION, ARMY
11 For construction, procurement, production, and modi-
12 fication of ammunition, and accessories therefor; specialized
13 equipment and training devices; expansion of public and
14 private plants, including ammunition facilities, authorized
15 by section 2854 of title 10, United States Code, and the
16 land necessary therefor, for the foregoing purposes, and such
17 lands and interests therein, may be acquired, and construc-
18 tion prosecuted thereon prior to approval of title; and pro-
19 curement and installation of equipment, appliances, and
20 machine tools in public and private plants; reserve plant
21 and Government and contractor-owned equipment layaway;
22 and other expenses necessary for the foregoing purposes,
23 $2,790,140,000, to remain available for obligation until
24 September 30, 2023.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00264 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
265
1 OTHER PROCUREMENT, ARMY
2 For construction, procurement, production, and modi-
3 fication of vehicles, including tactical, support, and non-
4 tracked combat vehicles; the purchase of passenger motor ve-
5 hicles for replacement only; communications and electronic
6 equipment; other support equipment; spare parts, ordnance,
7 and accessories therefor; specialized equipment and training
8 devices; expansion of public and private plants, including
9 the land necessary therefor, for the foregoing purposes, and
10 such lands and interests therein, may be acquired, and con-
11 struction prosecuted thereon prior to approval of title; and
12 procurement and installation of equipment, appliances,
13 and machine tools in public and private plants; reserve
14 plant and Government and contractor-owned equipment
15 layaway; and other expenses necessary for the foregoing
16 purposes, $8,603,112,000, to remain available for obligation
17 until September 30, 2023.
18 AIRCRAFT PROCUREMENT, NAVY
19 For construction, procurement, production, modifica-
20 tion, and modernization of aircraft, equipment, including
21 ordnance, spare parts, and accessories therefor; specialized
22 equipment; expansion of public and private plants, includ-
23 ing the land necessary therefor, and such lands and inter-
24 ests therein, may be acquired, and construction prosecuted
25 thereon prior to approval of title; and procurement and in-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00265 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
266
1 stallation of equipment, appliances, and machine tools in
2 public and private plants; reserve plant and Government
3 and contractor-owned equipment layaway,
4 $19,480,280,000, to remain available for obligation until
5 September 30, 2023.
6 WEAPONS PROCUREMENT, NAVY
7 For construction, procurement, production, modifica-
8 tion, and modernization of missiles, torpedoes, other weap-
9 ons, and related support equipment including spare parts,
10 and accessories therefor; expansion of public and private
11 plants, including the land necessary therefor, and such
12 lands and interests therein, may be acquired, and construc-
13 tion prosecuted thereon prior to approval of title; and pro-
14 curement and installation of equipment, appliances, and
15 machine tools in public and private plants; reserve plant
16 and Government and contractor-owned equipment layaway,
17 $4,477,773,000, to remain available for obligation until
18 September 30, 2023.
19 PROCUREMENT OF AMMUNITION, NAVY AND MARINE
20 CORPS
21 For construction, procurement, production, and modi-
22 fication of ammunition, and accessories therefor; specialized
23 equipment and training devices; expansion of public and
24 private plants, including ammunition facilities, authorized
25 by section 2854 of title 10, United States Code, and the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00266 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
267
1 land necessary therefor, for the foregoing purposes, and such
2 lands and interests therein, may be acquired, and construc-
3 tion prosecuted thereon prior to approval of title; and pro-
4 curement and installation of equipment, appliances, and
5 machine tools in public and private plants; reserve plant
6 and Government and contractor-owned equipment layaway;
7 and other expenses necessary for the foregoing purposes,
8 $792,023,000, to remain available for obligation until Sep-
9 tember 30, 2023.
10 SHIPBUILDING AND CONVERSION, NAVY
11 For expenses necessary for the construction, acquisi-
12 tion, or conversion of vessels as authorized by law, includ-
13 ing armor and armament thereof, plant equipment, appli-
14 ances, and machine tools and installation thereof in public
15 and private plants; reserve plant and Government and con-
16 tractor-owned equipment layaway; procurement of critical,
17 long lead time components and designs for vessels to be con-
18 structed or converted in the future; and expansion of public
19 and private plants, including land necessary therefor, and
20 such lands and interests therein, may be acquired, and con-
21 struction prosecuted thereon prior to approval of title, as
22 follows:
23 Columbia Class Submarine, $2,869,024,000;
24 Columbia Class Submarine (AP),
25 $1,253,175,000;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00267 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
268
1 Carrier Replacement Program (CVN–80),
2 $958,933,000;
3 Carrier Replacement Program (CVN–81),
4 $1,606,432,000;
5 Virginia Class Submarine, $4,603,213,000;
6 Virginia Class Submarine (AP), $2,173,187,000;
7 CVN Refueling Overhauls, $1,531,153,000;
8 CVN Refueling Overhauls (AP), $17,384,000;
9 DDG–1000 Program, $78,205,000;
10 DDG–51 Destroyer, $3,219,843,000;
11 DDG–51 Destroyer (AP), $159,297,000;
12 FFG–Frigate, $1,053,123,000;
13 LPD Flight II, $1,125,801,000;
14 LPD 32 (AP), $1,000,000;
15 LPD 33 (AP), $1,000,000;
16 Expeditionary Sea Base (AP), $73,000,000;
17 LHA Replacement, $500,000,000;
18 Expeditionary Fast Transport, $260,000,000;
19 TAO Fleet Oiler, $20,000,000;
20 Towing, Salvage, and Rescue Ship,
21 $157,790,000;
22 LCU 1700, $87,395,000;
23 Service Craft, $244,147,000;
24 LCAC SLEP, $56,461,000;
25 Auxiliary Vessels, $60,000,000;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00268 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
269
1 For outfitting, post delivery, conversions, and
2 first destination transportation, $752,005,000; and
3 Completion of Prior Year Shipbuilding Pro-
4 grams, $407,312,000.
5 In all: $23,268,880,000, to remain available for obliga-
6 tion until September 30, 2025: Provided, That additional
7 obligations may be incurred after September 30, 2025, for
8 engineering services, tests, evaluations, and other such budg-
9 eted work that must be performed in the final stage of ship
10 construction: Provided further, That none of the funds pro-
11 vided under this heading for the construction or conversion
12 of any naval vessel to be constructed in shipyards in the
13 United States shall be expended in foreign facilities for the
14 construction of major components of such vessel: Provided
15 further, That none of the funds provided under this heading
16 shall be used for the construction of any naval vessel in
17 foreign shipyards: Provided further, That funds appro-
18 priated or otherwise made available by this Act for Colum-
19 bia Class Submarine (AP) may be available for the pur-
20 poses authorized by subsections (f), (g), (h) or (i) of section
21 2218a of title 10, United States Code, only in accordance
22 with the provisions of the applicable subsection.
23 OTHER PROCUREMENT, NAVY
24 For procurement, production, and modernization of
25 support equipment and materials not otherwise provided
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00269 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
270
1 for, Navy ordnance (except ordnance for new aircraft, new
2 ships, and ships authorized for conversion); the purchase
3 of passenger motor vehicles for replacement only; expansion
4 of public and private plants, including the land necessary
5 therefor, and such lands and interests therein, may be ac-
6 quired, and construction prosecuted thereon prior to ap-
7 proval of title; and procurement and installation of equip-
8 ment, appliances, and machine tools in public and private
9 plants; reserve plant and Government and contractor-owned
10 equipment layaway, $10,512,209,000, to remain available
11 for obligation until September 30, 2023: Provided, That
12 such funds are also available for the maintenance, repair,
13 and modernization of Pacific Fleet ships under a pilot pro-
14 gram established for such purposes.
15 PROCUREMENT, MARINE CORPS
16 For expenses necessary for the procurement, manufac-
17 ture, and modification of missiles, armament, military
18 equipment, spare parts, and accessories therefor; plant
19 equipment, appliances, and machine tools, and installation
20 thereof in public and private plants; reserve plant and Gov-
21 ernment and contractor-owned equipment layaway; vehicles
22 for the Marine Corps, including the purchase of passenger
23 motor vehicles for replacement only; and expansion of pub-
24 lic and private plants, including land necessary therefor,
25 and such lands and interests therein, may be acquired, and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00270 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
271
1 construction prosecuted thereon prior to approval of title,
2 $2,648,375,000, to remain available for obligation until
3 September 30, 2023.
4 AIRCRAFT PROCUREMENT, AIR FORCE
5 For construction, procurement, and modification of
6 aircraft and equipment, including armor and armament,
7 specialized ground handling equipment, and training de-
8 vices, spare parts, and accessories therefor; specialized
9 equipment; expansion of public and private plants, Govern-
10 ment-owned equipment and installation thereof in such
11 plants, erection of structures, and acquisition of land, for
12 the foregoing purposes, and such lands and interests therein,
13 may be acquired, and construction prosecuted thereon prior
14 to approval of title; reserve plant and Government and con-
15 tractor-owned equipment layaway; and other expenses nec-
16 essary for the foregoing purposes including rents and trans-
17 portation of things, $19,212,753,000, to remain available
18 for obligation until September 30, 2023.
19 MISSILE PROCUREMENT, AIR FORCE
20 For construction, procurement, and modification of
21 missiles, rockets, and related equipment, including spare
22 parts and accessories therefor; ground handling equipment,
23 and training devices; expansion of public and private
24 plants, Government-owned equipment and installation
25 thereof in such plants, erection of structures, and acquisi-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00271 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
272
1 tion of land, for the foregoing purposes, and such lands and
2 interests therein, may be acquired, and construction pros-
3 ecuted thereon prior to approval of title; reserve plant and
4 Government and contractor-owned equipment layaway; and
5 other expenses necessary for the foregoing purposes includ-
6 ing rents and transportation of things, $2,142,181,000, to
7 remain available for obligation until September 30, 2023.
8 PROCUREMENT OF AMMUNITION, AIR FORCE
9 For construction, procurement, production, and modi-
10 fication of ammunition, and accessories therefor; specialized
11 equipment and training devices; expansion of public and
12 private plants, including ammunition facilities, authorized
13 by section 2854 of title 10, United States Code, and the
14 land necessary therefor, for the foregoing purposes, and such
15 lands and interests therein, may be acquired, and construc-
16 tion prosecuted thereon prior to approval of title; and pro-
17 curement and installation of equipment, appliances, and
18 machine tools in public and private plants; reserve plant
19 and Government and contractor-owned equipment layaway;
20 and other expenses necessary for the foregoing purposes,
21 $550,844,000, to remain available for obligation until Sep-
22 tember 30, 2023.
23 OTHER PROCUREMENT, AIR FORCE
24 For procurement and modification of equipment (in-
25 cluding ground guidance and electronic control equipment,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00272 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
273
1 and ground electronic and communication equipment), and
2 supplies, materials, and spare parts therefor, not otherwise
3 provided for; the purchase of passenger motor vehicles for
4 replacement only; lease of passenger motor vehicles; and ex-
5 pansion of public and private plants, Government-owned
6 equipment and installation thereof in such plants, erection
7 of structures, and acquisition of land, for the foregoing pur-
8 poses, and such lands and interests therein, may be ac-
9 quired, and construction prosecuted thereon, prior to ap-
10 proval of title; reserve plant and Government and con-
11 tractor-owned equipment layaway, $23,441,648,000, to re-
12 main available for obligation until September 30, 2023.
13 PROCUREMENT, SPACE FORCE
14 For construction, procurement, and modification of
15 spacecraft, rockets, and related equipment, including spare
16 parts and accessories therefor; ground handling equipment,
17 and training devices; expansion of public and private
18 plants, Government-owned equipment and installation
19 thereof in such plants, erection of structures, and acquisi-
20 tion of land, for the foregoing purposes, and such lands and
21 interests therein, may be acquired, and construction pros-
22 ecuted thereon prior to approval of title; reserve plant and
23 Government and contractor-owned equipment layaway; and
24 other expenses necessary for the foregoing purposes includ-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00273 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
274
1 ing rents and transportation of things, $2,310,994,000, to
2 remain available for obligation until September 30, 2023.
3 PROCUREMENT, DEFENSE-WIDE
4 For expenses of activities and agencies of the Depart-
5 ment of Defense (other than the military departments) nec-
6 essary for procurement, production, and modification of
7 equipment, supplies, materials, and spare parts therefor,
8 not otherwise provided for; the purchase of passenger motor
9 vehicles for replacement only; expansion of public and pri-
10 vate plants, equipment, and installation thereof in such
11 plants, erection of structures, and acquisition of land for
12 the foregoing purposes, and such lands and interests therein,
13 may be acquired, and construction prosecuted thereon prior
14 to approval of title; reserve plant and Government and con-
15 tractor-owned equipment layaway, $5,837,347,000, to re-
16 main available for obligation until September 30, 2023.
17 DEFENSE PRODUCTION ACT PURCHASES
18 For activities by the Department of Defense pursuant
19 to sections 108, 301, 302, and 303 of the Defense Production
20 Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533),
21 $174,639,000, to remain available until expended: Pro-
22 vided, That no less than $60,000,000 of the funds provided
23 under this heading shall be obligated and expended by the
24 Secretary of Defense in behalf of the Department of Defense
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00274 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
275
1 as if delegated the necessary authorities conferred by the
2 Defense Production Act of 1950.
3 TITLE IV
4 RESEARCH, DEVELOPMENT, TEST AND
5 EVALUATION
6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
7 For expenses necessary for basic and applied scientific
8 research, development, test and evaluation, including main-
9 tenance, rehabilitation, lease, and operation of facilities
10 and equipment, $13,969,032,000, to remain available for
11 obligation until September 30, 2022.
12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
13 For expenses necessary for basic and applied scientific
14 research, development, test and evaluation, including main-
15 tenance, rehabilitation, lease, and operation of facilities
16 and equipment, $20,078,829,000, to remain available for
17 obligation until September 30, 2022: Provided, That funds
18 appropriated in this paragraph which are available for the
19 V–22 may be used to meet unique operational requirements
20 of the Special Operations Forces.
21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
22 FORCE
23 For expenses necessary for basic and applied scientific
24 research, development, test and evaluation, including main-
25 tenance, rehabilitation, lease, and operation of facilities
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00275 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
276
1 and equipment, $36,357,443,000, to remain available for
2 obligation until September 30, 2022.
3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
4 SPACE FORCE
5 For expenses necessary for basic and applied scientific
6 research, development, test and evaluation, including main-
7 tenance, rehabilitation, lease, and operation of facilities
8 and equipment, $10,540,069,000, to remain available until
9 September 30, 2022.
10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
11 DEFENSE-WIDE
12 For expenses of activities and agencies of the Depart-
13 ment of Defense (other than the military departments), nec-
14 essary for basic and applied scientific research, develop-
15 ment, test and evaluation; advanced research projects as
16 may be designated and determined by the Secretary of De-
17 fense, pursuant to law; maintenance, rehabilitation, lease,
18 and operation of facilities and equipment, $25,932,671,000,
19 to remain available for obligation until September 30,
20 2022.
21 OPERATIONAL TEST AND EVALUATION, DEFENSE
22 For expenses, not otherwise provided for, necessary for
23 the independent activities of the Director, Operational Test
24 and Evaluation, in the direction and supervision of oper-
25 ational test and evaluation, including initial operational
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00276 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
277
1 test and evaluation which is conducted prior to, and in sup-
2 port of, production decisions; joint operational testing and
3 evaluation; and administrative expenses in connection
4 therewith, $257,120,000, to remain available for obligation
5 until September 30, 2022.
6 TITLE V
7 REVOLVING AND MANAGEMENT FUNDS
8 DEFENSE WORKING CAPITAL FUNDS
9 For the Defense Working Capital Funds,
10 $1,473,910,000.
11 TITLE VI
12 OTHER DEPARTMENT OF DEFENSE PROGRAMS
13 DEFENSE HEALTH PROGRAM
14 For expenses, not otherwise provided for, for medical
15 and health care programs of the Department of Defense as
16 authorized by law, $33,684,607,000; of which
17 $30,747,659,000 shall be for operation and maintenance, of
18 which not to exceed one percent shall remain available for
19 obligation until September 30, 2022, and of which up to
20 $16,008,365,000 may be available for contracts entered into
21 under the TRICARE program; of which $544,369,000, to
22 remain available for obligation until September 30, 2023,
23 shall be for procurement; and of which $2,392,579,000, to
24 remain available for obligation until September 30, 2022,
25 shall be for research, development, test and evaluation: Pro-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00277 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
278
1 vided, That, notwithstanding any other provision of law,
2 of the amount made available under this heading for re-
3 search, development, test and evaluation, not less than
4 $8,000,000 shall be available for HIV prevention edu-
5 cational activities undertaken in connection with United
6 States military training, exercises, and humanitarian as-
7 sistance activities conducted primarily in African nations:
8 Provided further, That of the funds provided under this
9 heading for research, development, test and evaluation, not
10 less than $1,489,000,000 shall be made available to the
11 United States Army Medical Research and Development
12 Command to carry out the congressionally directed medical
13 research programs: Provided further, That the Secretary of
14 Defense shall submit to the congressional defense committees
15 quarterly reports on the current status of the deployment
16 of the electronic health record: Provided further, That the
17 Secretary of Defense shall provide notice to the congres-
18 sional defense committees not later than 10 business days
19 after delaying the proposed timeline of such deployment if
20 such delay is longer than 1 week: Provided further, That
21 the Comptroller General of the United States shall perform
22 quarterly performance reviews of such deployment.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00278 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
279
1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
2 DEFENSE
3 For expenses, not otherwise provided for, necessary for
4 the destruction of the United States stockpile of lethal chem-
5 ical agents and munitions in accordance with the provi-
6 sions of section 1412 of the Department of Defense Author-
7 ization Act, 1986 (50 U.S.C. 1521), and for the destruction
8 of other chemical warfare materials that are not in the
9 chemical weapon stockpile, $1,049,800,000, of which
10 $106,691,000 shall be for operation and maintenance, of
11 which no less than $51,009,000 shall be for the Chemical
12 Stockpile Emergency Preparedness Program, consisting of
13 $22,235,000 for activities on military installations and
14 $28,774,000, to remain available until September 30, 2022,
15 to assist State and local governments; $616,000 shall be for
16 procurement, to remain available until September 30, 2023,
17 of which not less than $616,000 shall be for the Chemical
18 Stockpile Emergency Preparedness Program to assist State
19 and local governments; and $942,493,000, to remain avail-
20 able until September 30, 2022, shall be for research, develop-
21 ment, test and evaluation, of which $935,999,000 shall only
22 be for the Assembled Chemical Weapons Alternatives pro-
23 gram.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00279 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
280
1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
2 DEFENSE
3 (INCLUDING TRANSFER OF FUNDS)
4 For drug interdiction and counter-drug activities of
5 the Department of Defense, for transfer to appropriations
6 available to the Department of Defense for military per-
7 sonnel of the reserve components serving under the provi-
8 sions of title 10 and title 32, United States Code; for oper-
9 ation and maintenance; for procurement; and for research,
10 development, test and evaluation, $914,429,000, of which
11 $567,003,000 shall be for counter-narcotics support;
12 $127,704,000 shall be for the drug demand reduction pro-
13 gram; $194,211,000 shall be for the National Guard
14 counter-drug program; and $25,511,000 shall be for the Na-
15 tional Guard counter-drug schools program: Provided, That
16 the funds appropriated under this heading shall be avail-
17 able for obligation for the same time period and for the
18 same purpose as the appropriation to which transferred:
19 Provided further, That upon a determination that all or
20 part of the funds transferred from this appropriation are
21 not necessary for the purposes provided herein, such
22 amounts may be transferred back to this appropriation:
23 Provided further, That the transfer authority provided
24 under this heading is in addition to any other transfer au-
25 thority contained elsewhere in this Act.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00280 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
281
1 OFFICE OF THE INSPECTOR GENERAL
2 For expenses and activities of the Office of the Inspec-
3 tor General in carrying out the provisions of the Inspector
4 General Act of 1978, as amended, $375,439,000, of which
5 $373,483,000 shall be for operation and maintenance, of
6 which not to exceed $700,000 is available for emergencies
7 and extraordinary expenses to be expended upon the ap-
8 proval or authority of the Inspector General, and payments
9 may be made upon the Inspector General’s certificate of ne-
10 cessity for confidential military purposes; of which
11 $858,000, to remain available for obligation until Sep-
12 tember 30, 2023, shall be for procurement; and of which
13 $1,098,000, to remain available until September 30, 2022,
14 shall be for research, development, test and evaluation.
15 TITLE VII
16 RELATED AGENCIES
17 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
18 DISABILITY SYSTEM FUND
19 For payment to the Central Intelligence Agency Retire-
20 ment and Disability System Fund, to maintain the proper
21 funding level for continuing the operation of the Central
22 Intelligence Agency Retirement and Disability System,
23 $514,000,000.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00281 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
282
1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
2 For necessary expenses of the Intelligence Community
3 Management Account, $633,719,000.
4 TITLE VIII
5 GENERAL PROVISIONS
6 SEC. 8001. No part of any appropriation contained
7 in this Act shall be used for publicity or propaganda pur-
8 poses not authorized by the Congress.
9 SEC. 8002. During the current fiscal year, provisions
10 of law prohibiting the payment of compensation to, or em-
11 ployment of, any person not a citizen of the United States
12 shall not apply to personnel of the Department of Defense:
13 Provided, That salary increases granted to direct and indi-
14 rect hire foreign national employees of the Department of
15 Defense funded by this Act shall not be at a rate in excess
16 of the percentage increase authorized by law for civilian
17 employees of the Department of Defense whose pay is com-
18 puted under the provisions of section 5332 of title 5, United
19 States Code, or at a rate in excess of the percentage increase
20 provided by the appropriate host nation to its own employ-
21 ees, whichever is higher: Provided further, That this section
22 shall not apply to Department of Defense foreign service
23 national employees serving at United States diplomatic
24 missions whose pay is set by the Department of State under
25 the Foreign Service Act of 1980: Provided further, That the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00282 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
283
1 limitations of this provision shall not apply to foreign na-
2 tional employees of the Department of Defense in the Re-
3 public of Turkey.
4 SEC. 8003. No part of any appropriation contained
5 in this Act shall remain available for obligation beyond the
6 current fiscal year, unless expressly so provided herein.
7 SEC. 8004. No more than 20 percent of the appropria-
8 tions in this Act which are limited for obligation during
9 the current fiscal year shall be obligated during the last 2
10 months of the fiscal year: Provided, That this section shall
11 not apply to obligations for support of active duty training
12 of reserve components or summer camp training of the Re-
13 serve Officers’ Training Corps.
14 (TRANSFER OF FUNDS)
15 SEC. 8005. Upon determination by the Secretary of
16 Defense that such action is necessary in the national inter-
17 est, the Secretary may, with the approval of the Office of
18 Management and Budget, transfer not to exceed
19 $4,000,000,000 of working capital funds of the Department
20 of Defense or funds made available in this Act to the De-
21 partment of Defense for military functions (except military
22 construction) between such appropriations or funds or any
23 subdivision thereof, to be merged with and to be available
24 for the same purposes, and for the same time period, as
25 the appropriation or fund to which transferred: Provided,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00283 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
284
1 That such authority to transfer may not be used unless for
2 higher priority items, based on unforeseen military require-
3 ments, than those for which originally appropriated and
4 in no case where the item for which funds are requested
5 has been denied by the Congress: Provided further, That the
6 Secretary of Defense shall notify the Congress promptly of
7 all transfers made pursuant to this authority or any other
8 authority in this Act: Provided further, That no part of
9 the funds in this Act shall be available to prepare or present
10 a request to the Committees on Appropriations of the House
11 of Representatives and the Senate for reprogramming of
12 funds, unless for higher priority items, based on unforeseen
13 military requirements, than those for which originally ap-
14 propriated and in no case where the item for which re-
15 programming is requested has been denied by the Congress:
16 Provided further, That a request for multiple
17 reprogrammings of funds using authority provided in this
18 section shall be made prior to June 30, 2021: Provided fur-
19 ther, That transfers among military personnel appropria-
20 tions shall not be taken into account for purposes of the
21 limitation on the amount of funds that may be transferred
22 under this section.
23 SEC. 8006. (a) With regard to the list of specific pro-
24 grams, projects, and activities (and the dollar amounts and
25 adjustments to budget activities corresponding to such pro-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00284 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
285
1 grams, projects, and activities) contained in the tables titled
2 Explanation of Project Level Adjustments in the explana-
3 tory statement regarding this Act and the tables contained
4 in the classified annex accompanying this Act, the obliga-
5 tion and expenditure of amounts appropriated or otherwise
6 made available in this Act for those programs, projects, and
7 activities for which the amounts appropriated exceed the
8 amounts requested are hereby required by law to be carried
9 out in the manner provided by such tables to the same ex-
10 tent as if the tables were included in the text of this Act.
11 (b) Amounts specified in the referenced tables described
12 in subsection (a) shall not be treated as subdivisions of ap-
13 propriations for purposes of section 8005 of this Act: Pro-
14 vided, That section 8005 shall apply when transfers of the
15 amounts described in subsection (a) occur between appro-
16 priation accounts.
17 SEC. 8007. (a) Not later than 60 days after enactment
18 of this Act, the Department of Defense shall submit a report
19 to the congressional defense committees to establish the base-
20 line for application of reprogramming and transfer au-
21 thorities for fiscal year 2021: Provided, That the report
22 shall include—
23 (1) a table for each appropriation with a sepa-
24 rate column to display the President’s budget request,
25 adjustments made by Congress, adjustments due to
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00285 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
286
1 enacted rescissions, if appropriate, and the fiscal year
2 enacted level;
3 (2) a delineation in the table for each appropria-
4 tion both by budget activity and program, project,
5 and activity as detailed in the Budget Appendix; and
6 (3) an identification of items of special congres-
7 sional interest.
8 (b) Notwithstanding section 8005 of this Act, none of
9 the funds provided in this Act shall be available for re-
10 programming or transfer until the report identified in sub-
11 section (a) is submitted to the congressional defense commit-
12 tees, unless the Secretary of Defense certifies in writing to
13 the congressional defense committees that such reprogram-
14 ming or transfer is necessary as an emergency requirement:
15 Provided, That this subsection shall not apply to transfers
16 from the following appropriations accounts:
17 (1) ‘‘Environmental Restoration, Army’’;
18 (2) ‘‘Environmental Restoration, Navy’’;
19 (3) ‘‘Environmental Restoration, Air Force’’;
20 (4) ‘‘Environmental Restoration, Defense-Wide’’;
21 (5) ‘‘Environmental Restoration, Formerly Used
22 Defense Sites’’; and
23 (6) ‘‘Drug Interdiction and Counter-drug Activi-
24 ties, Defense’’.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00286 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
287
1 (TRANSFER OF FUNDS)
2 SEC. 8008. During the current fiscal year, cash bal-
3 ances in working capital funds of the Department of De-
4 fense established pursuant to section 2208 of title 10, United
5 States Code, may be maintained in only such amounts as
6 are necessary at any time for cash disbursements to be made
7 from such funds: Provided, That transfers may be made be-
8 tween such funds: Provided further, That transfers may be
9 made between working capital funds and the ‘‘Foreign Cur-
10 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
11 ation and Maintenance’’ appropriation accounts in such
12 amounts as may be determined by the Secretary of Defense,
13 with the approval of the Office of Management and Budget,
14 except that such transfers may not be made unless the Sec-
15 retary of Defense has notified the Congress of the proposed
16 transfer: Provided further, That except in amounts equal
17 to the amounts appropriated to working capital funds in
18 this Act, no obligations may be made against a working
19 capital fund to procure or increase the value of war reserve
20 material inventory, unless the Secretary of Defense has no-
21 tified the Congress prior to any such obligation.
22 SEC. 8009. Funds appropriated by this Act may not
23 be used to initiate a special access program without prior
24 notification 30 calendar days in advance to the congres-
25 sional defense committees.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00287 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
288
1 SEC. 8010. None of the funds provided in this Act shall
2 be available to initiate: (1) a multiyear contract that em-
3 ploys economic order quantity procurement in excess of
4 $20,000,000 in any one year of the contract or that includes
5 an unfunded contingent liability in excess of $20,000,000;
6 or (2) a contract for advance procurement leading to a
7 multiyear contract that employs economic order quantity
8 procurement in excess of $20,000,000 in any one year, un-
9 less the congressional defense committees have been notified
10 at least 30 days in advance of the proposed contract award:
11 Provided, That no part of any appropriation contained in
12 this Act shall be available to initiate a multiyear contract
13 for which the economic order quantity advance procurement
14 is not funded at least to the limits of the Government’s li-
15 ability: Provided further, That no part of any appropria-
16 tion contained in this Act shall be available to initiate
17 multiyear procurement contracts for any systems or compo-
18 nent thereof if the value of the multiyear contract would
19 exceed $500,000,000 unless specifically provided in this Act:
20 Provided further, That no multiyear procurement contract
21 can be terminated without 30-day prior notification to the
22 congressional defense committees: Provided further, That the
23 execution of multiyear authority shall require the use of a
24 present value analysis to determine lowest cost compared
25 to an annual procurement: Provided further, That none of
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00288 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
289
1 the funds provided in this Act may be used for a multiyear
2 contract executed after the date of the enactment of this Act
3 unless in the case of any such contract—
4 (1) the Secretary of Defense has submitted to
5 Congress a budget request for full funding of units to
6 be procured through the contract and, in the case of
7 a contract for procurement of aircraft, that includes,
8 for any aircraft unit to be procured through the con-
9 tract for which procurement funds are requested in
10 that budget request for production beyond advance
11 procurement activities in the fiscal year covered by
12 the budget, full funding of procurement of such unit
13 in that fiscal year;
14 (2) cancellation provisions in the contract do not
15 include consideration of recurring manufacturing
16 costs of the contractor associated with the production
17 of unfunded units to be delivered under the contract;
18 (3) the contract provides that payments to the
19 contractor under the contract shall not be made in
20 advance of incurred costs on funded units; and
21 (4) the contract does not provide for a price ad-
22 justment based on a failure to award a follow-on con-
23 tract.
24 SEC. 8011. Within the funds appropriated for the oper-
25 ation and maintenance of the Armed Forces, funds are here-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00289 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
290
1 by appropriated pursuant to section 401 of title 10, United
2 States Code, for humanitarian and civic assistance costs
3 under chapter 20 of title 10, United States Code. Such funds
4 may also be obligated for humanitarian and civic assist-
5 ance costs incidental to authorized operations and pursuant
6 to authority granted in section 401 of title 10, United
7 States Code, and these obligations shall be reported as re-
8 quired by section 401(d) of title 10, United States Code:
9 Provided, That funds available for operation and mainte-
10 nance shall be available for providing humanitarian and
11 similar assistance by using Civic Action Teams in the
12 Trust Territories of the Pacific Islands and freely associated
13 states of Micronesia, pursuant to the Compact of Free Asso-
14 ciation as authorized by Public Law 99–239: Provided fur-
15 ther, That upon a determination by the Secretary of the
16 Army that such action is beneficial for graduate medical
17 education programs conducted at Army medical facilities
18 located in Hawaii, the Secretary of the Army may author-
19 ize the provision of medical services at such facilities and
20 transportation to such facilities, on a nonreimbursable
21 basis, for civilian patients from American Samoa, the Com-
22 monwealth of the Northern Mariana Islands, the Marshall
23 Islands, the Federated States of Micronesia, Palau, and
24 Guam.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00290 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
291
1 SEC. 8012. (a) During the current fiscal year, the ci-
2 vilian personnel of the Department of Defense may not be
3 managed solely on the basis of any constraint or limitation
4 in terms of man years, end strength, full-time equivalent
5 positions, or maximum number of employees, but are to be
6 managed primarily on the basis of, and in a manner con-
7 sistent with—
8 (1) the total force management policies and pro-
9 cedures established under section 129a of title 10,
10 United States Code;
11 (2) the workload required to carry out the func-
12 tions and activities of the Department; and
13 (3) the funds made available to the Department
14 for such fiscal year.
15 (b) None of the funds appropriated by this Act may
16 be used to reduce the civilian workforce programmed full
17 time equivalent levels absent the appropriate analysis of the
18 impacts of these reductions on workload, military force
19 structure, lethality, readiness, operational effectiveness,
20 stress on the military force, and fully burdened costs.
21 (c) A projection of the number of full-time equivalent
22 positions shall not be considered a constraint or limitation
23 for purposes of subsection (a) and reducing funding for
24 under-execution of such a projection shall not be considered
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00291 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
292
1 managing based on a constraint or limitation for purposes
2 of such subsection.
3 (d) The fiscal year 2022 budget request for the Depart-
4 ment of Defense, and any justification material and other
5 documentation supporting such request, shall be prepared
6 and submitted to Congress as if subsections (a) and (b) were
7 effective with respect to such fiscal year.
8 (e) Nothing in this section shall be construed to apply
9 to military (civilian) technicians.
10 SEC. 8013. None of the funds made available by this
11 Act shall be used in any way, directly or indirectly, to in-
12 fluence congressional action on any legislation or appro-
13 priation matters pending before the Congress.
14 SEC. 8014. None of the funds appropriated by this Act
15 shall be available for the basic pay and allowances of any
16 member of the Army participating as a full-time student
17 and receiving benefits paid by the Secretary of Veterans Af-
18 fairs from the Department of Defense Education Benefits
19 Fund when time spent as a full-time student is credited
20 toward completion of a service commitment: Provided, That
21 this section shall not apply to those members who have reen-
22 listed with this option prior to October 1, 1987: Provided
23 further, That this section applies only to active components
24 of the Army.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00292 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
293
1 (TRANSFER OF FUNDS)
2 SEC. 8015. (a) Funds appropriated in title III of this
3 Act for the Department of Defense Pilot Mentor-Protégé
4 Program may be transferred to any other appropriation
5 contained in this Act solely for the purpose of implementing
6 a Mentor-Protégé Program developmental assistance agree-
7 ment pursuant to section 831 of the National Defense Au-
8 thorization Act for Fiscal Year 1991 (Public Law 101–510;
9 10 U.S.C. 2302 note), as amended, under the authority of
10 this provision or any other transfer authority contained in
11 this Act.
12 (b) The Secretary of Defense shall include with the
13 budget justification documents in support of the budget for
14 any fiscal year after fiscal year 2021 (as submitted to Con-
15 gress pursuant to section 1105 of title 31, United States
16 Code) a description of each transfer under this section that
17 occurred during the last fiscal year before the fiscal year
18 in which such budget is submitted.
19 SEC. 8016. None of the funds in this Act may be avail-
20 able for the purchase by the Department of Defense (and
21 its departments and agencies) of welded shipboard anchor
22 and mooring chain 4 inches in diameter and under unless
23 the anchor and mooring chain are manufactured in the
24 United States from components which are substantially
25 manufactured in the United States: Provided, That for the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00293 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
294
1 purpose of this section, the term ‘‘manufactured’’ shall in-
2 clude cutting, heat treating, quality control, testing of chain
3 and welding (including the forging and shot blasting proc-
4 ess): Provided further, That for the purpose of this section
5 substantially all of the components of anchor and mooring
6 chain shall be considered to be produced or manufactured
7 in the United States if the aggregate cost of the components
8 produced or manufactured in the United States exceeds the
9 aggregate cost of the components produced or manufactured
10 outside the United States: Provided further, That when ade-
11 quate domestic supplies are not available to meet Depart-
12 ment of Defense requirements on a timely basis, the Sec-
13 retary of the Service responsible for the procurement may
14 waive this restriction on a case-by-case basis by certifying
15 in writing to the Committees on Appropriations of the
16 House of Representatives and the Senate that such an ac-
17 quisition must be made in order to acquire capability for
18 national security purposes.
19 SEC. 8017. None of the funds available in this Act to
20 the Department of Defense, other than appropriations made
21 for necessary or routine refurbishments, upgrades or main-
22 tenance activities, shall be used to reduce or to prepare to
23 reduce the number of deployed and non-deployed strategic
24 delivery vehicles and launchers below the levels set forth in
25 the report submitted to Congress in accordance with section
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00294 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
295
1 1042 of the National Defense Authorization Act for Fiscal
2 Year 2012.
3 SEC. 8018. None of the funds appropriated by this Act
4 shall be used for the support of any nonappropriated funds
5 activity of the Department of Defense that procures malt
6 beverages and wine with nonappropriated funds for resale
7 (including such alcoholic beverages sold by the drink) on
8 a military installation located in the United States unless
9 such malt beverages and wine are procured within that
10 State, or in the case of the District of Columbia, within
11 the District of Columbia, in which the military installation
12 is located: Provided, That, in a case in which the military
13 installation is located in more than one State, purchases
14 may be made in any State in which the installation is lo-
15 cated: Provided further, That such local procurement re-
16 quirements for malt beverages and wine shall apply to all
17 alcoholic beverages only for military installations in States
18 which are not contiguous with another State: Provided fur-
19 ther, That alcoholic beverages other than wine and malt bev-
20 erages, in contiguous States and the District of Columbia
21 shall be procured from the most competitive source, price
22 and other factors considered.
23 SEC. 8019. None of the funds available to the Depart-
24 ment of Defense may be used to demilitarize or dispose of
25 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00295 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
296
1 rifles, .30 caliber rifles, or M–1911 pistols, or to demili-
2 tarize or destroy small arms ammunition or ammunition
3 components that are not otherwise prohibited from commer-
4 cial sale under Federal law, unless the small arms ammuni-
5 tion or ammunition components are certified by the Sec-
6 retary of the Army or designee as unserviceable or unsafe
7 for further use.
8 SEC. 8020. No more than $500,000 of the funds appro-
9 priated or made available in this Act shall be used during
10 a single fiscal year for any single relocation of an organiza-
11 tion, unit, activity or function of the Department of Defense
12 into or within the National Capital Region: Provided, That
13 the Secretary of Defense may waive this restriction on a
14 case-by-case basis by certifying in writing to the congres-
15 sional defense committees that such a relocation is required
16 in the best interest of the Government.
17 SEC. 8021. In addition to the funds provided else-
18 where in this Act, $25,000,000 is appropriated only for in-
19 centive payments authorized by section 504 of the Indian
20 Financing Act of 1974 (25 U.S.C. 1544): Provided, That
21 a prime contractor or a subcontractor at any tier that
22 makes a subcontract award to any subcontractor or supplier
23 as defined in section 1544 of title 25, United States Code,
24 or a small business owned and controlled by an individual
25 or individuals defined under section 4221(9) of title 25,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00296 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
297
1 United States Code, shall be considered a contractor for the
2 purposes of being allowed additional compensation under
3 section 504 of the Indian Financing Act of 1974 (25 U.S.C.
4 1544) whenever the prime contract or subcontract amount
5 is over $500,000 and involves the expenditure of funds ap-
6 propriated by an Act making appropriations for the De-
7 partment of Defense with respect to any fiscal year: Pro-
8 vided further, That notwithstanding section 1906 of title 41,
9 United States Code, this section shall be applicable to any
10 Department of Defense acquisition of supplies or services,
11 including any contract and any subcontract at any tier for
12 acquisition of commercial items produced or manufactured,
13 in whole or in part, by any subcontractor or supplier de-
14 fined in section 1544 of title 25, United States Code, or
15 a small business owned and controlled by an individual or
16 individuals defined under section 4221(9) of title 25,
17 United States Code.
18 SEC. 8022. Funds appropriated by this Act for the De-
19 fense Media Activity shall not be used for any national or
20 international political or psychological activities.
21 SEC. 8023. During the current fiscal year, the Depart-
22 ment of Defense is authorized to incur obligations of not
23 to exceed $350,000,000 for purposes specified in section
24 2350j(c) of title 10, United States Code, in anticipation of
25 receipt of contributions, only from the Government of Ku-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00297 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
298
1 wait, under that section: Provided, That, upon receipt, such
2 contributions from the Government of Kuwait shall be cred-
3 ited to the appropriations or fund which incurred such obli-
4 gations.
5 SEC. 8024. The Secretary of Defense shall notify the
6 congressional defense committees in writing not more than
7 30 days after the receipt of any contribution of funds re-
8 ceived from the government of a foreign country for any
9 purpose relating to the stationing or operations of the
10 United States Armed Forces: Provided, That such notifica-
11 tion shall include the amount of the contribution; the pur-
12 pose for which such contribution was made; and the author-
13 ity under which such contribution was accepted by the Sec-
14 retary of Defense: Provided further, That not fewer than
15 15 days prior to obligating such funds, the Secretary of De-
16 fense shall submit to the congressional defense committees
17 in writing a notification of the planned use of such con-
18 tributions, including whether such contributions would sup-
19 port existing or new stationing or operations of the United
20 States Armed Forces.
21 SEC. 8025. (a) Of the funds made available in this
22 Act, not less than $56,205,000 shall be available for the
23 Civil Air Patrol Corporation, of which—
24 (1) $43,205,000 shall be available from ‘‘Oper-
25 ation and Maintenance, Air Force’’ to support Civil
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00298 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
299
1 Air Patrol Corporation operation and maintenance,
2 readiness, counter-drug activities, and drug demand
3 reduction activities involving youth programs;
4 (2) $11,200,000 shall be available from ‘‘Aircraft
5 Procurement, Air Force’’; and
6 (3) $1,800,000 shall be available from ‘‘Other
7 Procurement, Air Force’’ for vehicle procurement.
8 (b) The Secretary of the Air Force should waive reim-
9 bursement for any funds used by the Civil Air Patrol for
10 counter-drug activities in support of Federal, State, and
11 local government agencies.
12 SEC. 8026. (a) None of the funds appropriated in this
13 Act are available to establish a new Department of Defense
14 (department) federally funded research and development
15 center (FFRDC), either as a new entity, or as a separate
16 entity administrated by an organization managing another
17 FFRDC, or as a nonprofit membership corporation con-
18 sisting of a consortium of other FFRDCs and other non-
19 profit entities.
20 (b) No member of a Board of Directors, Trustees, Over-
21 seers, Advisory Group, Special Issues Panel, Visiting Com-
22 mittee, or any similar entity of a defense FFRDC, and no
23 paid consultant to any defense FFRDC, except when acting
24 in a technical advisory capacity, may be compensated for
25 his or her services as a member of such entity, or as a paid
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00299 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
300
1 consultant by more than one FFRDC in a fiscal year: Pro-
2 vided, That a member of any such entity referred to pre-
3 viously in this subsection shall be allowed travel expenses
4 and per diem as authorized under the Federal Joint Travel
5 Regulations, when engaged in the performance of member-
6 ship duties.
7 (c) Notwithstanding any other provision of law, none
8 of the funds available to the department from any source
9 during the current fiscal year may be used by a defense
10 FFRDC, through a fee or other payment mechanism, for
11 construction of new buildings not located on a military in-
12 stallation, for payment of cost sharing for projects funded
13 by Government grants, for absorption of contract overruns,
14 or for certain charitable contributions, not to include em-
15 ployee participation in community service and/or develop-
16 ment.
17 (d) Notwithstanding any other provision of law, of the
18 funds available to the department during fiscal year 2021,
19 not more than 6,053 staff years of technical effort (staff
20 years) may be funded for defense FFRDCs: Provided, That,
21 within such funds for 6,053 staff years, funds shall be avail-
22 able only for 1,148 staff years for the defense studies and
23 analysis FFRDCs: Provided further, That this subsection
24 shall not apply to staff years funded in the National Intel-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00300 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
301
1 ligence Program (NIP) and the Military Intelligence Pro-
2 gram (MIP).
3 (e) The Secretary of Defense shall, with the submission
4 of the department’s fiscal year 2022 budget request, submit
5 a report presenting the specific amounts of staff years of
6 technical effort to be allocated for each defense FFRDC dur-
7 ing that fiscal year and the associated budget estimates.
8 SEC. 8027. None of the funds appropriated or made
9 available in this Act shall be used to procure carbon, alloy,
10 or armor steel plate for use in any Government-owned facil-
11 ity or property under the control of the Department of De-
12 fense which were not melted and rolled in the United States
13 or Canada: Provided, That these procurement restrictions
14 shall apply to any and all Federal Supply Class 9515,
15 American Society of Testing and Materials (ASTM) or
16 American Iron and Steel Institute (AISI) specifications of
17 carbon, alloy or armor steel plate: Provided further, That
18 the Secretary of the military department responsible for the
19 procurement may waive this restriction on a case-by-case
20 basis by certifying in writing to the Committees on Appro-
21 priations of the House of Representatives and the Senate
22 that adequate domestic supplies are not available to meet
23 Department of Defense requirements on a timely basis and
24 that such an acquisition must be made in order to acquire
25 capability for national security purposes: Provided further,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00301 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
302
1 That these restrictions shall not apply to contracts which
2 are in being as of the date of the enactment of this Act.
3 SEC. 8028. For the purposes of this Act, the term ‘‘con-
4 gressional defense committees’’ means the Armed Services
5 Committee of the House of Representatives, the Armed Serv-
6 ices Committee of the Senate, the Subcommittee on Defense
7 of the Committee on Appropriations of the Senate, and the
8 Subcommittee on Defense of the Committee on Appropria-
9 tions of the House of Representatives.
10 SEC. 8029. During the current fiscal year, the Depart-
11 ment of Defense may acquire the modification, depot main-
12 tenance and repair of aircraft, vehicles and vessels as well
13 as the production of components and other Defense-related
14 articles, through competition between Department of De-
15 fense depot maintenance activities and private firms: Pro-
16 vided, That the Senior Acquisition Executive of the military
17 department or Defense Agency concerned, with power of del-
18 egation, shall certify that successful bids include comparable
19 estimates of all direct and indirect costs for both public and
20 private bids: Provided further, That Office of Management
21 and Budget Circular A–76 shall not apply to competitions
22 conducted under this section.
23 SEC. 8030. (a)(1) If the Secretary of Defense, after con-
24 sultation with the United States Trade Representative, de-
25 termines that a foreign country which is party to an agree-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00302 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
303
1 ment described in paragraph (2) has violated the terms of
2 the agreement by discriminating against certain types of
3 products produced in the United States that are covered by
4 the agreement, the Secretary of Defense shall rescind the
5 Secretary’s blanket waiver of the Buy American Act with
6 respect to such types of products produced in that foreign
7 country.
8 (2) An agreement referred to in paragraph (1) is
9 any reciprocal defense procurement memorandum of
10 understanding, between the United States and a for-
11 eign country pursuant to which the Secretary of De-
12 fense has prospectively waived the Buy American Act
13 for certain products in that country.
14 (b) The Secretary of Defense shall submit to the Con-
15 gress a report on the amount of Department of Defense pur-
16 chases from foreign entities in fiscal year 2021. Such report
17 shall separately indicate the dollar value of items for which
18 the Buy American Act was waived pursuant to any agree-
19 ment described in subsection (a)(2), the Trade Agreement
20 Act of 1979 (19 U.S.C. 2501 et seq.), or any international
21 agreement to which the United States is a party.
22 (c) For purposes of this section, the term ‘‘Buy Amer-
23 ican Act’’ means chapter 83 of title 41, United States Code.
24 SEC. 8031. During the current fiscal year, amounts
25 contained in the Department of Defense Overseas Military
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00303 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
304
1 Facility Investment Recovery Account shall be available
2 until expended for the payments specified by section
3 2687a(b)(2) of title 10, United States Code.
4 SEC. 8032. (a) Notwithstanding any other provision
5 of law, the Secretary of the Air Force may convey at no
6 cost to the Air Force, without consideration, to Indian
7 tribes located in the States of Nevada, Idaho, North Dakota,
8 South Dakota, Montana, Oregon, Minnesota, and Wash-
9 ington relocatable military housing units located at Grand
10 Forks Air Force Base, Malmstrom Air Force Base, Moun-
11 tain Home Air Force Base, Ellsworth Air Force Base, and
12 Minot Air Force Base that are excess to the needs of the
13 Air Force.
14 (b) The Secretary of the Air Force shall convey, at no
15 cost to the Air Force, military housing units under sub-
16 section (a) in accordance with the request for such units
17 that are submitted to the Secretary by the Operation Walk-
18 ing Shield Program on behalf of Indian tribes located in
19 the States of Nevada, Idaho, North Dakota, South Dakota,
20 Montana, Oregon, Minnesota, and Washington. Any such
21 conveyance shall be subject to the condition that the housing
22 units shall be removed within a reasonable period of time,
23 as determined by the Secretary.
24 (c) The Operation Walking Shield Program shall re-
25 solve any conflicts among requests of Indian tribes for hous-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00304 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
305
1 ing units under subsection (a) before submitting requests
2 to the Secretary of the Air Force under subsection (b).
3 (d) In this section, the term ‘‘Indian tribe’’ means any
4 recognized Indian tribe included on the current list pub-
5 lished by the Secretary of the Interior under section 104
6 of the Federally Recognized Indian Tribe Act of 1994 (Pub-
7 lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131).
8 SEC. 8033. During the current fiscal year, appropria-
9 tions which are available to the Department of Defense for
10 operation and maintenance may be used to purchase items
11 having an investment item unit cost of not more than
12 $250,000.
13 (INCLUDING TRANSFER OF FUNDS)
14 SEC. 8034. Subject to section 8005 of this Act, the Sec-
15 retary of Defense may transfer funds appropriated in fiscal
16 year 2021 for ‘‘Shipbuilding and Conversion, Navy: LPD
17 Flight II–LPD 31’’ to ‘‘Shipbuilding and Conversion,
18 Navy: LPD 32 (AP)’’, and ‘‘Shipbuilding and Conversion,
19 Navy: LPD 33 (AP)’’ for fiscal year 2021 advance procure-
20 ment authorized by section 124(c) of the National Defense
21 Authorization Act for Fiscal Year 2021: Provided, That the
22 transfer authority provided under this provision is in addi-
23 tion to any other transfer authority contained in this Act.
24 SEC. 8035. Up to $14,000,000 of the funds appro-
25 priated under the heading ‘‘Operation and Maintenance,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00305 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
306
1 Navy’’ may be made available for the Asia Pacific Regional
2 Initiative Program for the purpose of enabling the United
3 States Indo-Pacific Command to execute Theater Security
4 Cooperation activities such as humanitarian assistance,
5 and payment of incremental and personnel costs of training
6 and exercising with foreign security forces: Provided, That
7 funds made available for this purpose may be used, notwith-
8 standing any other funding authorities for humanitarian
9 assistance, security assistance or combined exercise ex-
10 penses: Provided further, That funds may not be obligated
11 to provide assistance to any foreign country that is other-
12 wise prohibited from receiving such type of assistance under
13 any other provision of law.
14 SEC. 8036. The Secretary of Defense shall issue regula-
15 tions to prohibit the sale of any tobacco or tobacco-related
16 products in military resale outlets in the United States, its
17 territories and possessions at a price below the most com-
18 petitive price in the local community: Provided, That such
19 regulations shall direct that the prices of tobacco or tobacco-
20 related products in overseas military retail outlets shall be
21 within the range of prices established for military retail
22 system stores located in the United States.
23 SEC. 8037. (a) During the current fiscal year, none
24 of the appropriations or funds available to the Department
25 of Defense Working Capital Funds shall be used for the pur-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00306 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
307
1 chase of an investment item for the purpose of acquiring
2 a new inventory item for sale or anticipated sale during
3 the current fiscal year or a subsequent fiscal year to cus-
4 tomers of the Department of Defense Working Capital
5 Funds if such an item would not have been chargeable to
6 the Department of Defense Business Operations Fund dur-
7 ing fiscal year 1994 and if the purchase of such an invest-
8 ment item would be chargeable during the current fiscal
9 year to appropriations made to the Department of Defense
10 for procurement.
11 (b) The fiscal year 2022 budget request for the Depart-
12 ment of Defense as well as all justification material and
13 other documentation supporting the fiscal year 2022 De-
14 partment of Defense budget shall be prepared and submitted
15 to the Congress on the basis that any equipment which was
16 classified as an end item and funded in a procurement ap-
17 propriation contained in this Act shall be budgeted for in
18 a proposed fiscal year 2022 procurement appropriation and
19 not in the supply management business area or any other
20 area or category of the Department of Defense Working
21 Capital Funds.
22 SEC. 8038. None of the funds appropriated by this Act
23 for programs of the Central Intelligence Agency shall re-
24 main available for obligation beyond the current fiscal year,
25 except for funds appropriated for the Reserve for Contin-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00307 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
308
1 gencies, which shall remain available until September 30,
2 2022: Provided, That funds appropriated, transferred, or
3 otherwise credited to the Central Intelligence Agency Cen-
4 tral Services Working Capital Fund during this or any
5 prior or subsequent fiscal year shall remain available until
6 expended: Provided further, That any funds appropriated
7 or transferred to the Central Intelligence Agency for ad-
8 vanced research and development acquisition, for agent op-
9 erations, and for covert action programs authorized by the
10 President under section 503 of the National Security Act
11 of 1947 (50 U.S.C. 3093) shall remain available until Sep-
12 tember 30, 2022: Provided further, That any funds appro-
13 priated or transferred to the Central Intelligence Agency for
14 the construction, improvement, or alteration of facilities,
15 including leased facilities, to be used primarily by per-
16 sonnel of the intelligence community shall remain available
17 until September 30, 2023.
18 SEC. 8039. Of the funds appropriated to the Depart-
19 ment of Defense under the heading ‘‘Operation and Mainte-
20 nance, Defense-Wide’’, not less than $12,000,000 shall be
21 made available only for the mitigation of environmental
22 impacts, including training and technical assistance to
23 tribes, related administrative support, the gathering of in-
24 formation, documenting of environmental damage, and de-
25 veloping a system for prioritization of mitigation and cost
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00308 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
309
1 to complete estimates for mitigation, on Indian lands re-
2 sulting from Department of Defense activities.
3 SEC. 8040. (a) None of the funds appropriated in this
4 Act may be expended by an entity of the Department of
5 Defense unless the entity, in expending the funds, complies
6 with the Buy American Act. For purposes of this subsection,
7 the term ‘‘Buy American Act’’ means chapter 83 of title
8 41, United States Code.
9 (b) If the Secretary of Defense determines that a person
10 has been convicted of intentionally affixing a label bearing
11 a ‘‘Made in America’’ inscription to any product sold in
12 or shipped to the United States that is not made in Amer-
13 ica, the Secretary shall determine, in accordance with sec-
14 tion 2410f of title 10, United States Code, whether the per-
15 son should be debarred from contracting with the Depart-
16 ment of Defense.
17 (c) In the case of any equipment or products purchased
18 with appropriations provided under this Act, it is the sense
19 of the Congress that any entity of the Department of De-
20 fense, in expending the appropriation, purchase only Amer-
21 ican-made equipment and products, provided that Amer-
22 ican-made equipment and products are cost-competitive,
23 quality competitive, and available in a timely fashion.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00309 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
310
1 SEC. 8041. (a) Except as provided in subsections (b)
2 and (c), none of the funds made available by this Act may
3 be used—
4 (1) to establish a field operating agency; or
5 (2) to pay the basic pay of a member of the
6 Armed Forces or civilian employee of the department
7 who is transferred or reassigned from a headquarters
8 activity if the member or employee’s place of duty re-
9 mains at the location of that headquarters.
10 (b) The Secretary of Defense or Secretary of a military
11 department may waive the limitations in subsection (a),
12 on a case-by-case basis, if the Secretary determines, and cer-
13 tifies to the Committees on Appropriations of the House of
14 Representatives and the Senate that the granting of the
15 waiver will reduce the personnel requirements or the finan-
16 cial requirements of the department.
17 (c) This section does not apply to—
18 (1) field operating agencies funded within the
19 National Intelligence Program;
20 (2) an Army field operating agency established
21 to eliminate, mitigate, or counter the effects of impro-
22 vised explosive devices, and, as determined by the Sec-
23 retary of the Army, other similar threats;
24 (3) an Army field operating agency established
25 to improve the effectiveness and efficiencies of biomet-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00310 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
311
1 ric activities and to integrate common biometric tech-
2 nologies throughout the Department of Defense; or
3 (4) an Air Force field operating agency estab-
4 lished to administer the Air Force Mortuary Affairs
5 Program and Mortuary Operations for the Depart-
6 ment of Defense and authorized Federal entities.
7 SEC. 8042. (a) None of the funds appropriated by this
8 Act shall be available to convert to contractor performance
9 an activity or function of the Department of Defense that,
10 on or after the date of the enactment of this Act, is per-
11 formed by Department of Defense civilian employees un-
12 less—
13 (1) the conversion is based on the result of a pub-
14 lic-private competition that includes a most efficient
15 and cost effective organization plan developed by such
16 activity or function;
17 (2) the Competitive Sourcing Official determines
18 that, over all performance periods stated in the solici-
19 tation of offers for performance of the activity or
20 function, the cost of performance of the activity or
21 function by a contractor would be less costly to the
22 Department of Defense by an amount that equals or
23 exceeds the lesser of—
24 (A) 10 percent of the most efficient organi-
25 zation’s personnel-related costs for performance
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00311 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
312
1 of that activity or function by Federal employ-
2 ees; or
3 (B) $10,000,000; and
4 (3) the contractor does not receive an advantage
5 for a proposal that would reduce costs for the Depart-
6 ment of Defense by—
7 (A) not making an employer-sponsored
8 health insurance plan available to the workers
9 who are to be employed in the performance of
10 that activity or function under the contract; or
11 (B) offering to such workers an employer-
12 sponsored health benefits plan that requires the
13 employer to contribute less towards the premium
14 or subscription share than the amount that is
15 paid by the Department of Defense for health
16 benefits for civilian employees under chapter 89
17 of title 5, United States Code.
18 (b)(1) The Department of Defense, without regard to
19 subsection (a) of this section or subsection (a), (b), or (c)
20 of section 2461 of title 10, United States Code, and notwith-
21 standing any administrative regulation, requirement, or
22 policy to the contrary shall have full authority to enter into
23 a contract for the performance of any commercial or indus-
24 trial type function of the Department of Defense that—
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00312 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
313
1 (A) is included on the procurement list es-
2 tablished pursuant to section 2 of the Javits-
3 Wagner-O’Day Act (section 8503 of title 41,
4 United States Code);
5 (B) is planned to be converted to perform-
6 ance by a qualified nonprofit agency for the
7 blind or by a qualified nonprofit agency for
8 other severely handicapped individuals in ac-
9 cordance with that Act; or
10 (C) is planned to be converted to perform-
11 ance by a qualified firm under at least 51 per-
12 cent ownership by an Indian tribe, as defined in
13 section 4(e) of the Indian Self-Determination
14 and Education Assistance Act (25 U.S.C.
15 450b(e)), or a Native Hawaiian Organization, as
16 defined in section 8(a)(15) of the Small Business
17 Act (15 U.S.C. 637(a)(15)).
18 (2) This section shall not apply to depot con-
19 tracts or contracts for depot maintenance as provided
20 in sections 2469 and 2474 of title 10, United States
21 Code.
22 (c) The conversion of any activity or function of the
23 Department of Defense under the authority provided by this
24 section shall be credited toward any competitive or out-
25 sourcing goal, target, or measurement that may be estab-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00313 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
314
1 lished by statute, regulation, or policy and is deemed to
2 be awarded under the authority of, and in compliance with,
3 subsection (h) of section 2304 of title 10, United States
4 Code, for the competition or outsourcing of commercial ac-
5 tivities.
6 (RESCISSIONS)
7 SEC. 8043. Of the funds appropriated in Department
8 of Defense Appropriations Acts, the following funds are
9 hereby rescinded from the following accounts and programs
10 in the specified amounts: Provided, That no amounts may
11 be rescinded from amounts that were designated by the Con-
12 gress for Overseas Contingency Operations/Global War on
13 Terrorism or as an emergency requirement pursuant to the
14 Concurrent Resolution on the Budget or the Balanced Budg-
15 et and Emergency Deficit Control Act of 1985, as amended:
16 ‘‘Shipbuilding and Conversion, Navy: DDG–51
17 Destroyer’’, 2014/2021, $66,567,000;
18 ‘‘Procurement of Weapons and Tracked Combat
19 Vehicles, Army’’, 2019/2021, $23,840,000;
20 ‘‘Aircraft Procurement, Navy’’, 2019/2021,
21 $23,094,000;
22 ‘‘Aircraft Procurement, Air Force’’, 2019/2021,
23 $465,447,000;
24 ‘‘Other Procurement, Air Force’’, 2019/2021,
25 $12,400,000;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00314 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
315
1 ‘‘Aircraft Procurement, Army’’, 2020/2022,
2 $26,900,000;
3 ‘‘Missile Procurement, Army’’, 2020/2022,
4 $2,377,000;
5 ‘‘Procurement of Weapons and Tracked Combat
6 Vehicles, Army’’, 2020/2022, $148,141,000;
7 ‘‘Procurement of Ammunition, Army’’, 2020/
8 2022, $7,500,000;
9 ‘‘Other Procurement, Army’’, 2020/2022,
10 $13,175,000;
11 ‘‘Aircraft Procurement, Navy’’, 2020/2022,
12 $417,128,000;
13 ‘‘Weapons Procurement, Navy’’, 2020/2022,
14 $7,500,000;
15 ‘‘Procurement of Ammunition, Navy and Marine
16 Corps’’, 2020/2022, $8,973,000;
17 ‘‘Shipbuilding and Conversion, Navy: TAO Fleet
18 Oiler (AP)’’, 2020/2024, $73,000,000;
19 ‘‘Shipbuilding and Conversion, Navy: CVN Re-
20 fueling Overhauls’’, 2020/2024, $13,100,000;
21 ‘‘Other Procurement, Navy’’, 2020/2022,
22 $87,052,000;
23 ‘‘Procurement, Marine Corps’’, 2020/2022,
24 $55,139,000;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00315 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
316
1 ‘‘Aircraft Procurement, Air Force’’, 2020/2022,
2 $543,015,000;
3 ‘‘Missile Procurement, Air Force’’, 2020/2022,
4 $24,500,000;
5 ‘‘Space Procurement, Air Force’’, 2020/2022,
6 $64,400,000;
7 ‘‘Other Procurement, Air Force’’, 2020/2022,
8 $66,726,000;
9 ‘‘Research, Development, Test and Evaluation,
10 Army’’, 2020/2021, $284,228,000;
11 ‘‘Research, Development, Test and Evaluation,
12 Navy’’, 2020/2021, $84,005,000;
13 ‘‘Research, Development, Test and Evaluation,
14 Air Force’’, 2020/2021, $251,809,000;
15 ‘‘Research, Development, Test and Evaluation,
16 Defense-Wide’’, 2020/2021, $378,031,000; and
17 ‘‘Defense Counterintelligence and Security Agen-
18 cy Working Capital Fund’’, 2020/XXXX,
19 $100,000,000.
20 SEC. 8044. None of the funds available in this Act may
21 be used to reduce the authorized positions for military tech-
22 nicians (dual status) of the Army National Guard, Air Na-
23 tional Guard, Army Reserve and Air Force Reserve for the
24 purpose of applying any administratively imposed civilian
25 personnel ceiling, freeze, or reduction on military techni-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00316 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
317
1 cians (dual status), unless such reductions are a direct re-
2 sult of a reduction in military force structure.
3 SEC. 8045. None of the funds appropriated or other-
4 wise made available in this Act may be obligated or ex-
5 pended for assistance to the Democratic People’s Republic
6 of Korea unless specifically appropriated for that purpose:
7 Provided, That this restriction shall not apply to any ac-
8 tivities incidental to the Defense POW/MIA Accounting
9 Agency mission to recover and identify the remains of
10 United States Armed Forces personnel from the Democratic
11 People’s Republic of Korea.
12 SEC. 8046. Funds appropriated in this Act for oper-
13 ation and maintenance of the Military Departments, Com-
14 batant Commands and Defense Agencies shall be available
15 for reimbursement of pay, allowances and other expenses
16 which would otherwise be incurred against appropriations
17 for the National Guard and Reserve when members of the
18 National Guard and Reserve provide intelligence or coun-
19 terintelligence support to Combatant Commands, Defense
20 Agencies and Joint Intelligence Activities, including the ac-
21 tivities and programs included within the National Intel-
22 ligence Program and the Military Intelligence Program:
23 Provided, That nothing in this section authorizes deviation
24 from established Reserve and National Guard personnel and
25 training procedures.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00317 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
318
1 SEC. 8047. (a) None of the funds available to the De-
2 partment of Defense for any fiscal year for drug interdic-
3 tion or counter-drug activities may be transferred to any
4 other department or agency of the United States except as
5 specifically provided in an appropriations law.
6 (b) None of the funds available to the Central Intel-
7 ligence Agency for any fiscal year for drug interdiction or
8 counter-drug activities may be transferred to any other de-
9 partment or agency of the United States except as specifi-
10 cally provided in an appropriations law.
11 SEC. 8048. None of the funds appropriated by this Act
12 may be used for the procurement of ball and roller bearings
13 other than those produced by a domestic source and of do-
14 mestic origin: Provided, That the Secretary of the military
15 department responsible for such procurement may waive
16 this restriction on a case-by-case basis by certifying in writ-
17 ing to the Committees on Appropriations of the House of
18 Representatives and the Senate, that adequate domestic
19 supplies are not available to meet Department of Defense
20 requirements on a timely basis and that such an acquisition
21 must be made in order to acquire capability for national
22 security purposes: Provided further, That this restriction
23 shall not apply to the purchase of ‘‘commercial items’’, as
24 defined by section 103 of title 41, United States Code, except
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00318 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
319
1 that the restriction shall apply to ball or roller bearings
2 purchased as end items.
3 SEC. 8049. Of the amounts appropriated for ‘‘Working
4 Capital Fund, Army’’, $125,000,000 shall be available to
5 maintain competitive rates at the arsenals.
6 SEC. 8050. In addition to the amounts appropriated
7 or otherwise made available elsewhere in this Act,
8 $49,000,000 is hereby appropriated to the Department of
9 Defense: Provided, That upon the determination of the Sec-
10 retary of Defense that it shall serve the national interest,
11 the Secretary shall make grants in the amounts specified
12 as follows: $24,000,000 to the United Service Organizations
13 and $25,000,000 to the Red Cross.
14 SEC. 8051. None of the funds in this Act may be used
15 to purchase any supercomputer which is not manufactured
16 in the United States, unless the Secretary of Defense cer-
17 tifies to the congressional defense committees that such an
18 acquisition must be made in order to acquire capability for
19 national security purposes that is not available from
20 United States manufacturers.
21 SEC. 8052. Notwithstanding any other provision in
22 this Act, the Small Business Innovation Research program
23 and the Small Business Technology Transfer program set-
24 asides shall be taken proportionally from all programs,
25 projects, or activities to the extent they contribute to the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00319 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
320
1 extramural budget. The Secretary of each military depart-
2 ment, the Director of each Defense Agency, and the head
3 of each other relevant component of the Department of De-
4 fense shall submit to the congressional defense committees,
5 concurrent with submission of the budget justification docu-
6 ments to Congress pursuant to section 1105 of title 31,
7 United States Code, a report with a detailed accounting
8 of the Small Business Innovation Research program and
9 the Small Business Technology Transfer program set-asides
10 taken from programs, projects, or activities within such de-
11 partment, agency, or component during the most recently
12 completed fiscal year.
13 SEC. 8053. None of the funds available to the Depart-
14 ment of Defense under this Act shall be obligated or ex-
15 pended to pay a contractor under a contract with the De-
16 partment of Defense for costs of any amount paid by the
17 contractor to an employee when—
18 (1) such costs are for a bonus or otherwise in ex-
19 cess of the normal salary paid by the contractor to the
20 employee; and
21 (2) such bonus is part of restructuring costs asso-
22 ciated with a business combination.
23 (INCLUDING TRANSFER OF FUNDS)
24 SEC. 8054. During the current fiscal year, no more
25 than $30,000,000 of appropriations made in this Act under
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00320 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
321
1 the heading ‘‘Operation and Maintenance, Defense-Wide’’
2 may be transferred to appropriations available for the pay
3 of military personnel, to be merged with, and to be available
4 for the same time period as the appropriations to which
5 transferred, to be used in support of such personnel in con-
6 nection with support and services for eligible organizations
7 and activities outside the Department of Defense pursuant
8 to section 2012 of title 10, United States Code.
9 SEC. 8055. During the current fiscal year, in the case
10 of an appropriation account of the Department of Defense
11 for which the period of availability for obligation has ex-
12 pired or which has closed under the provisions of section
13 1552 of title 31, United States Code, and which has a nega-
14 tive unliquidated or unexpended balance, an obligation or
15 an adjustment of an obligation may be charged to any cur-
16 rent appropriation account for the same purpose as the ex-
17 pired or closed account if—
18 (1) the obligation would have been properly
19 chargeable (except as to amount) to the expired or
20 closed account before the end of the period of avail-
21 ability or closing of that account;
22 (2) the obligation is not otherwise properly
23 chargeable to any current appropriation account of
24 the Department of Defense; and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00321 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
322
1 (3) in the case of an expired account, the obliga-
2 tion is not chargeable to a current appropriation of
3 the Department of Defense under the provisions of sec-
4 tion 1405(b)(8) of the National Defense Authorization
5 Act for Fiscal Year 1991, Public Law 101–510, as
6 amended (31 U.S.C. 1551 note): Provided, That in
7 the case of an expired account, if subsequent review
8 or investigation discloses that there was not in fact a
9 negative unliquidated or unexpended balance in the
10 account, any charge to a current account under the
11 authority of this section shall be reversed and re-
12 corded against the expired account: Provided further,
13 That the total amount charged to a current appro-
14 priation under this section may not exceed an
15 amount equal to 1 percent of the total appropriation
16 for that account:
17 Provided, That the Under Secretary of Defense (Comp-
18 troller) shall include with the budget of the President for
19 fiscal year 2022 (as submitted to Congress pursuant to sec-
20 tion 1105 of title 31, United States Code) a statement de-
21 scribing each instance if any, during each of the fiscal years
22 2016 through 2021 in which the authority in this section
23 was exercised.
24 SEC. 8056. (a) Notwithstanding any other provision
25 of law, the Chief of the National Guard Bureau may permit
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00322 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
323
1 the use of equipment of the National Guard Distance Learn-
2 ing Project by any person or entity on a space-available,
3 reimbursable basis. The Chief of the National Guard Bu-
4 reau shall establish the amount of reimbursement for such
5 use on a case-by-case basis.
6 (b) Amounts collected under subsection (a) shall be
7 credited to funds available for the National Guard Distance
8 Learning Project and be available to defray the costs associ-
9 ated with the use of equipment of the project under that
10 subsection. Such funds shall be available for such purposes
11 without fiscal year limitation.
12 (INCLUDING TRANSFER OF FUNDS)
13 SEC. 8057. Of the funds appropriated in this Act
14 under the heading ‘‘Operation and Maintenance, Defense-
15 Wide’’, $46,000,000 shall be for continued implementation
16 and expansion of the Sexual Assault Special Victims’ Coun-
17 sel Program: Provided, That the funds are made available
18 for transfer to the Department of the Army, the Department
19 of the Navy, and the Department of the Air Force: Provided
20 further, That funds transferred shall be merged with and
21 available for the same purposes and for the same time pe-
22 riod as the appropriations to which the funds are trans-
23 ferred: Provided further, That this transfer authority is in
24 addition to any other transfer authority provided in this
25 Act.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00323 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
324
1 SEC. 8058. None of the funds appropriated in title IV
2 of this Act may be used to procure end-items for delivery
3 to military forces for operational training, operational use
4 or inventory requirements: Provided, That this restriction
5 does not apply to end-items used in development, proto-
6 typing, and test activities preceding and leading to accept-
7 ance for operational use: Provided further, That this restric-
8 tion does not apply to programs funded within the National
9 Intelligence Program: Provided further, That the Secretary
10 of Defense shall, at the time of the submittal to Congress
11 of the budget of the President for fiscal year 2022 pursuant
12 to section 1105 of title 31, United States Code, submit to
13 the congressional defense committees a report detailing the
14 use of funds requested in research, development, test and
15 evaluation accounts for end-items used in development,
16 prototyping and test activities preceding and leading to ac-
17 ceptance for operational use: Provided further, That the re-
18 port shall set forth, for each end-item covered by the pre-
19 ceding proviso, a detailed list of the statutory authorities
20 under which amounts in the accounts described in that pro-
21 viso were used for such item: Provided further, That the
22 Secretary of Defense shall, at the time of the submittal to
23 Congress of the budget of the President for fiscal year 2022
24 pursuant to section 1105 of title 31, United States Code,
25 submit to the congressional defense committees a certifi-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00324 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
325
1 cation that funds requested for fiscal year 2022 in research,
2 development, test and evaluation are in compliance with
3 this section: Provided further, That the Secretary of Defense
4 may waive this restriction on a case-by-case basis by certi-
5 fying in writing to the Committees on Appropriations of
6 the House of Representatives and the Senate that it is in
7 the national security interest to do so.
8 SEC. 8059. (a) The Secretary of Defense may, on a
9 case-by-case basis, waive with respect to a foreign country
10 each limitation on the procurement of defense items from
11 foreign sources provided in law if the Secretary determines
12 that the application of the limitation with respect to that
13 country would invalidate cooperative programs entered into
14 between the Department of Defense and the foreign country,
15 or would invalidate reciprocal trade agreements for the pro-
16 curement of defense items entered into under section 2531
17 of title 10, United States Code, and the country does not
18 discriminate against the same or similar defense items pro-
19 duced in the United States for that country.
20 (b) Subsection (a) applies with respect to—
21 (1) contracts and subcontracts entered into on or
22 after the date of the enactment of this Act; and
23 (2) options for the procurement of items that are
24 exercised after such date under contracts that are en-
25 tered into before such date if the option prices are ad-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00325 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
326
1 justed for any reason other than the application of a
2 waiver granted under subsection (a).
3 (c) Subsection (a) does not apply to a limitation re-
4 garding construction of public vessels, ball and roller bear-
5 ings, food, and clothing or textile materials as defined by
6 section XI (chapters 50–65) of the Harmonized Tariff
7 Schedule of the United States and products classified under
8 headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
9 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502
10 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
11 SEC. 8060. None of the funds appropriated or other-
12 wise made available by this or other Department of Defense
13 Appropriations Acts may be obligated or expended for the
14 purpose of performing repairs or maintenance to military
15 family housing units of the Department of Defense, includ-
16 ing areas in such military family housing units that may
17 be used for the purpose of conducting official Department
18 of Defense business.
19 SEC. 8061. Notwithstanding any other provision of
20 law, funds appropriated in this Act under the heading ‘‘Re-
21 search, Development, Test and Evaluation, Defense-Wide’’
22 for any new start advanced concept technology demonstra-
23 tion project or joint capability demonstration project may
24 only be obligated 45 days after a report, including a de-
25 scription of the project, the planned acquisition and transi-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00326 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
327
1 tion strategy and its estimated annual and total cost, has
2 been provided in writing to the congressional defense com-
3 mittees: Provided, That the Secretary of Defense may waive
4 this restriction on a case-by-case basis by certifying to the
5 congressional defense committees that it is in the national
6 interest to do so.
7 SEC. 8062. The Secretary of Defense shall continue to
8 provide a classified quarterly report to the Committees on
9 Appropriations of the House of Representatives and the
10 Senate, Subcommittees on Defense on certain matters as di-
11 rected in the classified annex accompanying this Act.
12 SEC. 8063. Notwithstanding section 12310(b) of title
13 10, United States Code, a Reserve who is a member of the
14 National Guard serving on full-time National Guard duty
15 under section 502(f) of title 32, United States Code, may
16 perform duties in support of the ground-based elements of
17 the National Ballistic Missile Defense System.
18 SEC. 8064. None of the funds provided in this Act may
19 be used to transfer to any nongovernmental entity ammuni-
20 tion held by the Department of Defense that has a center-
21 fire cartridge and a United States military nomenclature
22 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’,
23 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
24 cendiary tracer (API–T)’’, except to an entity performing
25 demilitarization services for the Department of Defense
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00327 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
328
1 under a contract that requires the entity to demonstrate to
2 the satisfaction of the Department of Defense that armor
3 piercing projectiles are either: (1) rendered incapable of
4 reuse by the demilitarization process; or (2) used to manu-
5 facture ammunition pursuant to a contract with the De-
6 partment of Defense or the manufacture of ammunition for
7 export pursuant to a License for Permanent Export of Un-
8 classified Military Articles issued by the Department of
9 State.
10 SEC. 8065. Notwithstanding any other provision of
11 law, the Chief of the National Guard Bureau, or his des-
12 ignee, may waive payment of all or part of the consider-
13 ation that otherwise would be required under section 2667
14 of title 10, United States Code, in the case of a lease of
15 personal property for a period not in excess of 1 year to
16 any organization specified in section 508(d) of title 32,
17 United States Code, or any other youth, social, or fraternal
18 nonprofit organization as may be approved by the Chief
19 of the National Guard Bureau, or his designee, on a case-
20 by-case basis.
21 (INCLUDING TRANSFER OF FUNDS)
22 SEC. 8066. Of the amounts appropriated in this Act
23 under the heading ‘‘Operation and Maintenance, Army’’,
24 $133,724,000 shall remain available until expended: Pro-
25 vided, That, notwithstanding any other provision of law,
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00328 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
329
1 the Secretary of Defense is authorized to transfer such funds
2 to other activities of the Federal Government: Provided fur-
3 ther, That the Secretary of Defense is authorized to enter
4 into and carry out contracts for the acquisition of real
5 property, construction, personal services, and operations re-
6 lated to projects carrying out the purposes of this section:
7 Provided further, That contracts entered into under the au-
8 thority of this section may provide for such indemnification
9 as the Secretary determines to be necessary: Provided fur-
10 ther, That projects authorized by this section shall comply
11 with applicable Federal, State, and local law to the max-
12 imum extent consistent with the national security, as deter-
13 mined by the Secretary of Defense.
14 SEC. 8067. (a) None of the funds appropriated in this
15 or any other Act may be used to take any action to mod-
16 ify—
17 (1) the appropriations account structure for the
18 National Intelligence Program budget, including
19 through the creation of a new appropriation or new
20 appropriation account;
21 (2) how the National Intelligence Program budg-
22 et request is presented in the unclassified P–1, R–1,
23 and O–1 documents supporting the Department of
24 Defense budget request;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00329 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
330
1 (3) the process by which the National Intelligence
2 Program appropriations are apportioned to the exe-
3 cuting agencies; or
4 (4) the process by which the National Intelligence
5 Program appropriations are allotted, obligated and
6 disbursed.
7 (b) Nothing in subsection (a) shall be construed to pro-
8 hibit the merger of programs or changes to the National
9 Intelligence Program budget at or below the Expenditure
10 Center level, provided such change is otherwise in accord-
11 ance with paragraphs (a)(1)–(3).
12 (c) The Director of National Intelligence and the Sec-
13 retary of Defense may jointly, only for the purposes of
14 achieving auditable financial statements and improving fis-
15 cal reporting, study and develop detailed proposals for al-
16 ternative financial management processes. Such study shall
17 include a comprehensive counterintelligence risk assessment
18 to ensure that none of the alternative processes will ad-
19 versely affect counterintelligence.
20 (d) Upon development of the detailed proposals defined
21 under subsection (c), the Director of National Intelligence
22 and the Secretary of Defense shall—
23 (1) provide the proposed alternatives to all af-
24 fected agencies;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00330 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
331
1 (2) receive certification from all affected agencies
2 attesting that the proposed alternatives will help
3 achieve auditability, improve fiscal reporting, and
4 will not adversely affect counterintelligence; and
5 (3) not later than 30 days after receiving all nec-
6 essary certifications under paragraph (2), present the
7 proposed alternatives and certifications to the con-
8 gressional defense and intelligence committees.
9 SEC. 8068. In addition to amounts provided elsewhere
10 in this Act, $10,000,000 is hereby appropriated to the De-
11 partment of Defense, to remain available for obligation
12 until expended: Provided, That notwithstanding any other
13 provision of law, that upon the determination of the Sec-
14 retary of Defense that it shall serve the national interest,
15 these funds shall be available only for a grant to the Fisher
16 House Foundation, Inc., only for the construction and fur-
17 nishing of additional Fisher Houses to meet the needs of
18 military family members when confronted with the illness
19 or hospitalization of an eligible military beneficiary.
20 (INCLUDING TRANSFER OF FUNDS)
21 SEC. 8069. Of the amounts appropriated for ‘‘Oper-
22 ation and Maintenance, Navy’’, up to $1,000,000 shall be
23 available for transfer to the John C. Stennis Center for Pub-
24 lic Service Development Trust Fund established under sec-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00331 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
332
1 tion 116 of the John C. Stennis Center for Public Service
2 Training and Development Act (2 U.S.C. 1105).
3 SEC. 8070. None of the funds available to the Depart-
4 ment of Defense may be obligated to modify command and
5 control relationships to give Fleet Forces Command oper-
6 ational and administrative control of United States Navy
7 forces assigned to the Pacific fleet: Provided, That the com-
8 mand and control relationships which existed on October
9 1, 2004, shall remain in force until a written modification
10 has been proposed to the Committees on Appropriations of
11 the House of Representatives and the Senate: Provided fur-
12 ther, That the proposed modification may be implemented
13 30 days after the notification unless an objection is received
14 from either the House or Senate Appropriations Commit-
15 tees: Provided further, That any proposed modification
16 shall not preclude the ability of the commander of United
17 States Indo-Pacific Command to meet operational require-
18 ments.
19 SEC. 8071. Any notice that is required to be submitted
20 to the Committees on Appropriations of the House of Rep-
21 resentatives and the Senate under section 806(c)(4) of the
22 Bob Stump National Defense Authorization Act for Fiscal
23 Year 2003 (10 U.S.C. 2302 note) after the date of the enact-
24 ment of this Act shall be submitted pursuant to that require-
25 ment concurrently to the Subcommittees on Defense of the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00332 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
333
1 Committees on Appropriations of the House of Representa-
2 tives and the Senate.
3 (INCLUDING TRANSFER OF FUNDS)
4 SEC. 8072. Of the amounts appropriated in this Act
5 under the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Re-
6 search, Development, Test and Evaluation, Defense-Wide’’,
7 $500,000,000 shall be for the Israeli Cooperative Programs:
8 Provided, That of this amount, $73,000,000 shall be for the
9 Secretary of Defense to provide to the Government of Israel
10 for the procurement of the Iron Dome defense system to
11 counter short-range rocket threats, subject to the U.S.-Israel
12 Iron Dome Procurement Agreement, as amended;
13 $177,000,000 shall be for the Short Range Ballistic Missile
14 Defense (SRBMD) program, including cruise missile de-
15 fense research and development under the SRBMD pro-
16 gram, of which $50,000,000 shall be for co-production ac-
17 tivities of SRBMD systems in the United States and in
18 Israel to meet Israel’s defense requirements consistent with
19 each nation’s laws, regulations, and procedures, subject to
20 the U.S.-Israeli co-production agreement for SRBMD, as
21 amended; $77,000,000 shall be for an upper-tier component
22 to the Israeli Missile Defense Architecture, of which
23 $77,000,000 shall be for co-production activities of Arrow
24 3 Upper Tier systems in the United States and in Israel
25 to meet Israel’s defense requirements consistent with each
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00333 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
334
1 nation’s laws, regulations, and procedures, subject to the
2 U.S.-Israeli co-production agreement for Arrow 3 Upper
3 Tier, as amended; and $173,000,000 shall be for the Arrow
4 System Improvement Program including development of a
5 long range, ground and airborne, detection suite: Provided
6 further, That the transfer authority provided under this
7 provision is in addition to any other transfer authority con-
8 tained in this Act.
9 (INCLUDING TRANSFER OF FUNDS)
10 SEC. 8073. Of the amounts appropriated in this Act
11 under the heading ‘‘Shipbuilding and Conversion, Navy’’,
12 $407,312,000 shall be available until September 30, 2021,
13 to fund prior year shipbuilding cost increases: Provided,
14 That upon enactment of this Act, the Secretary of the Navy
15 shall transfer funds to the following appropriations in the
16 amounts specified: Provided further, That the amounts
17 transferred shall be merged with and be available for the
18 same purposes as the appropriations to which transferred
19 to:
20 (1) Under the heading ‘‘Shipbuilding and Con-
21 version, Navy’’, 2008/2021: Carrier Replacement Pro-
22 gram $71,000,000;
23 (2) Under the heading ‘‘Shipbuilding and Con-
24 version, Navy’’, 2015/2021: DDG–51 Destroyer
25 $9,634,000;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00334 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
335
1 (3) Under the heading ‘‘Shipbuilding and Con-
2 version, Navy’’, 2016/2021: CVN Refueling Overhauls
3 $186,200,000;
4 (4) Under the heading ‘‘Shipbuilding and Con-
5 version, Navy’’, 2016/2021: LPD–17 $30,578,000;
6 (5) Under the heading ‘‘Shipbuilding and Con-
7 version, Navy’’, 2016/2021: TAO Fleet Oiler
8 $42,500,000;
9 (6) Under the heading ‘‘Shipbuilding and Con-
10 version, Navy’’, 2018/2021: TAO Fleet Oiler
11 $17,400,000; and
12 (7) Under the heading ‘‘Shipbuilding and Con-
13 version, Navy’’, 2018/2021: Expeditionary Fast
14 Transport $50,000,000.
15 SEC. 8074. Funds appropriated by this Act, or made
16 available by the transfer of funds in this Act, for intelligence
17 activities are deemed to be specifically authorized by the
18 Congress for purposes of section 504 of the National Secu-
19 rity Act of 1947 (50 U.S.C. 3094) during fiscal year 2021
20 until the enactment of the Intelligence Authorization Act
21 for Fiscal Year 2021.
22 SEC. 8075. None of the funds provided in this Act shall
23 be available for obligation or expenditure through a re-
24 programming of funds that creates or initiates a new pro-
25 gram, project, or activity unless such program, project, or
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00335 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
336
1 activity must be undertaken immediately in the interest of
2 national security and only after written prior notification
3 to the congressional defense committees.
4 SEC. 8076. The budget of the President for fiscal year
5 2022 submitted to the Congress pursuant to section 1105
6 of title 31, United States Code, shall include separate budget
7 justification documents for costs of United States Armed
8 Forces’ participation in contingency operations for the
9 Military Personnel accounts, the Operation and Mainte-
10 nance accounts, the Procurement accounts, and the Re-
11 search, Development, Test and Evaluation accounts: Pro-
12 vided, That these documents shall include a description of
13 the funding requested for each contingency operation, for
14 each military service, to include all Active and Reserve
15 components, and for each appropriations account: Provided
16 further, That these documents shall include estimated costs
17 for each element of expense or object class, a reconciliation
18 of increases and decreases for each contingency operation,
19 and programmatic data including, but not limited to, troop
20 strength for each Active and Reserve component, and esti-
21 mates of the major weapons systems deployed in support
22 of each contingency: Provided further, That these documents
23 shall include budget exhibits OP–5 and OP–32 (as defined
24 in the Department of Defense Financial Management Regu-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00336 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
337
1 lation) for all contingency operations for the budget year
2 and the two preceding fiscal years.
3 SEC. 8077. None of the funds in this Act may be used
4 for research, development, test, evaluation, procurement or
5 deployment of nuclear armed interceptors of a missile de-
6 fense system.
7 SEC. 8078. The Secretary of Defense may use up to
8 $650,000,000 of the amounts appropriated or otherwise
9 made available in this Act to the Department of Defense
10 for the rapid acquisition and deployment of supplies and
11 associated support services pursuant to section 806 of the
12 Bob Stump National Defense Authorization Act for Fiscal
13 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note), but
14 only for the purposes specified in clauses (i), (ii), (iii), and
15 (iv) of subsection (c)(3)(B) of such section and subject to
16 the applicable limits specified in clauses (i), (ii), and (iii)
17 of such subsection and, in the case of clause (iv) of such
18 subsection, subject to a limit of $50,000,000: Provided, That
19 the Secretary of Defense shall notify the congressional de-
20 fense committees promptly of all uses of this authority.
21 SEC. 8079. None of the funds appropriated or made
22 available in this Act shall be used to reduce or disestablish
23 the operation of the 53rd Weather Reconnaissance Squad-
24 ron of the Air Force Reserve, if such action would reduce
25 the WC–130 Weather Reconnaissance mission below the lev-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00337 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
338
1 els funded in this Act: Provided, That the Air Force shall
2 allow the 53rd Weather Reconnaissance Squadron to per-
3 form other missions in support of national defense require-
4 ments during the non-hurricane season.
5 SEC. 8080. None of the funds provided in this Act shall
6 be available for integration of foreign intelligence informa-
7 tion unless the information has been lawfully collected and
8 processed during the conduct of authorized foreign intel-
9 ligence activities: Provided, That information pertaining to
10 United States persons shall only be handled in accordance
11 with protections provided in the Fourth Amendment of the
12 United States Constitution as implemented through Execu-
13 tive Order No. 12333.
14 SEC. 8081. (a) None of the funds appropriated by this
15 Act may be used to transfer research and development, ac-
16 quisition, or other program authority relating to current
17 tactical unmanned aerial vehicles (TUAVs) from the Army.
18 (b) The Army shall retain responsibility for and oper-
19 ational control of the MQ–1C Gray Eagle Unmanned Aerial
20 Vehicle (UAV) in order to support the Secretary of Defense
21 in matters relating to the employment of unmanned aerial
22 vehicles.
23 SEC. 8082. None of the funds appropriated by this Act
24 for programs of the Office of the Director of National Intel-
25 ligence shall remain available for obligation beyond the cur-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00338 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
339
1 rent fiscal year, except for funds appropriated for research
2 and technology, which shall remain available until Sep-
3 tember 30, 2022.
4 SEC. 8083. For purposes of section 1553(b) of title 31,
5 United States Code, any subdivision of appropriations
6 made in this Act under the heading ‘‘Shipbuilding and
7 Conversion, Navy’’ shall be considered to be for the same
8 purpose as any subdivision under the heading ‘‘Ship-
9 building and Conversion, Navy’’ appropriations in any
10 prior fiscal year, and the 1 percent limitation shall apply
11 to the total amount of the appropriation.
12 SEC. 8084. (a) Not later than 60 days after the date
13 of enactment of this Act, the Director of National Intel-
14 ligence shall submit a report to the congressional intel-
15 ligence committees to establish the baseline for application
16 of reprogramming and transfer authorities for fiscal year
17 2021: Provided, That the report shall include—
18 (1) a table for each appropriation with a sepa-
19 rate column to display the President’s budget request,
20 adjustments made by Congress, adjustments due to
21 enacted rescissions, if appropriate, and the fiscal year
22 enacted level;
23 (2) a delineation in the table for each appropria-
24 tion by Expenditure Center and project; and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00339 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
340
1 (3) an identification of items of special congres-
2 sional interest.
3 (b) None of the funds provided for the National Intel-
4 ligence Program in this Act shall be available for re-
5 programming or transfer until the report identified in sub-
6 section (a) is submitted to the congressional intelligence
7 committees, unless the Director of National Intelligence cer-
8 tifies in writing to the congressional intelligence committees
9 that such reprogramming or transfer is necessary as an
10 emergency requirement.
11 SEC. 8085. Notwithstanding any other provision of
12 law, any transfer of funds, appropriated or otherwise made
13 available by this Act, for support to friendly foreign coun-
14 tries in connection with the conduct of operations in which
15 the United States is not participating, pursuant to section
16 331(d) of title 10, United States Code, shall be made in
17 accordance with section 8005 or 9002 of this Act, as appli-
18 cable.
19 SEC. 8086. Any transfer of amounts appropriated to
20 the Department of Defense Acquisition Workforce Develop-
21 ment Account in or for fiscal year 2021 to a military de-
22 partment or Defense Agency pursuant to section 1705(e)(1)
23 of title 10, United States Code, shall be covered by and sub-
24 ject to section 8005 or 9002 of this Act, as applicable.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00340 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
341
1 SEC. 8087. None of the funds made available by this
2 Act for excess defense articles, assistance under section 333
3 of title 10, United States Code, or peacekeeping operations
4 for the countries designated annually to be in violation of
5 the standards of the Child Soldiers Prevention Act of 2008
6 (Public Law 110–457; 22 U.S.C. 2370c–1) may be used to
7 support any military training or operation that includes
8 child soldiers, as defined by the Child Soldiers Prevention
9 Act of 2008, unless such assistance is otherwise permitted
10 under section 404 of the Child Soldiers Prevention Act of
11 2008.
12 SEC. 8088. (a) None of the funds provided for the Na-
13 tional Intelligence Program in this or any prior appropria-
14 tions Act shall be available for obligation or expenditure
15 through a reprogramming or transfer of funds in accord-
16 ance with section 102A(d) of the National Security Act of
17 1947 (50 U.S.C. 3024(d)) that—
18 (1) creates a new start effort;
19 (2) terminates a program with appropriated
20 funding of $10,000,000 or more;
21 (3) transfers funding into or out of the National
22 Intelligence Program; or
23 (4) transfers funding between appropriations,
24 unless the congressional intelligence committees are
25 notified 30 days in advance of such reprogramming
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00341 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
342
1 of funds; this notification period may be reduced for
2 urgent national security requirements.
3 (b) None of the funds provided for the National Intel-
4 ligence Program in this or any prior appropriations Act
5 shall be available for obligation or expenditure through a
6 reprogramming or transfer of funds in accordance with sec-
7 tion 102A(d) of the National Security Act of 1947 (50
8 U.S.C. 3024(d)) that results in a cumulative increase or
9 decrease of the levels specified in the classified annex accom-
10 panying the Act unless the congressional intelligence com-
11 mittees are notified 30 days in advance of such reprogram-
12 ming of funds; this notification period may be reduced for
13 urgent national security requirements.
14 SEC. 8089. In this fiscal year and each fiscal year
15 thereafter, funds appropriated under the heading ‘‘Procure-
16 ment, Space Force’’ may be obligated for payment of sat-
17 ellite on-orbit incentives in the fiscal year in which an in-
18 centive payment is earned: Provided, That any obligation
19 made pursuant to this section may not be entered into until
20 30 calendar days in session after the congressional defense
21 committees have been notified that an on-orbit incentive
22 payment has been earned.
23 SEC. 8090. For the purposes of this Act, the term ‘‘con-
24 gressional intelligence committees’’ means the Permanent
25 Select Committee on Intelligence of the House of Represent-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00342 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
343
1 atives, the Select Committee on Intelligence of the Senate,
2 the Subcommittee on Defense of the Committee on Appro-
3 priations of the House of Representatives, and the Sub-
4 committee on Defense of the Committee on Appropriations
5 of the Senate.
6 (INCLUDING TRANSFER OF FUNDS)
7 SEC. 8091. During the current fiscal year, not to ex-
8 ceed $11,000,000 from each of the appropriations made in
9 title II of this Act for ‘‘Operation and Maintenance, Army’’,
10 ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and
11 Maintenance, Air Force’’ may be transferred by the mili-
12 tary department concerned to its central fund established
13 for Fisher Houses and Suites pursuant to section 2493(d)
14 of title 10, United States Code.
15 SEC. 8092. None of the funds appropriated by this Act
16 may be available for the purpose of making remittances to
17 the Department of Defense Acquisition Workforce Develop-
18 ment Account in accordance with section 1705 of title 10,
19 United States Code.
20 SEC. 8093. (a) Any agency receiving funds made
21 available in this Act, shall, subject to subsections (b) and
22 (c), post on the public Web site of that agency any report
23 required to be submitted by the Congress in this or any
24 other Act, upon the determination by the head of the agency
25 that it shall serve the national interest.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00343 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
344
1 (b) Subsection (a) shall not apply to a report if—
2 (1) the public posting of the report compromises
3 national security; or
4 (2) the report contains proprietary information.
5 (c) The head of the agency posting such report shall
6 do so only after such report has been made available to the
7 requesting Committee or Committees of Congress for no less
8 than 45 days.
9 SEC. 8094. (a) None of the funds appropriated or oth-
10 erwise made available by this Act may be expended for any
11 Federal contract for an amount in excess of $1,000,000, un-
12 less the contractor agrees not to—
13 (1) enter into any agreement with any of its em-
14 ployees or independent contractors that requires, as a
15 condition of employment, that the employee or inde-
16 pendent contractor agree to resolve through arbitra-
17 tion any claim under title VII of the Civil Rights Act
18 of 1964 or any tort related to or arising out of sexual
19 assault or harassment, including assault and battery,
20 intentional infliction of emotional distress, false im-
21 prisonment, or negligent hiring, supervision, or reten-
22 tion; or
23 (2) take any action to enforce any provision of
24 an existing agreement with an employee or inde-
25 pendent contractor that mandates that the employee
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00344 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
345
1 or independent contractor resolve through arbitration
2 any claim under title VII of the Civil Rights Act of
3 1964 or any tort related to or arising out of sexual
4 assault or harassment, including assault and battery,
5 intentional infliction of emotional distress, false im-
6 prisonment, or negligent hiring, supervision, or reten-
7 tion.
8 (b) None of the funds appropriated or otherwise made
9 available by this Act may be expended for any Federal con-
10 tract unless the contractor certifies that it requires each cov-
11 ered subcontractor to agree not to enter into, and not to
12 take any action to enforce any provision of, any agreement
13 as described in paragraphs (1) and (2) of subsection (a),
14 with respect to any employee or independent contractor per-
15 forming work related to such subcontract. For purposes of
16 this subsection, a ‘‘covered subcontractor’’ is an entity that
17 has a subcontract in excess of $1,000,000 on a contract sub-
18 ject to subsection (a).
19 (c) The prohibitions in this section do not apply with
20 respect to a contractor’s or subcontractor’s agreements with
21 employees or independent contractors that may not be en-
22 forced in a court of the United States.
23 (d) The Secretary of Defense may waive the applica-
24 tion of subsection (a) or (b) to a particular contractor or
25 subcontractor for the purposes of a particular contract or
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00345 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
346
1 subcontract if the Secretary or the Deputy Secretary per-
2 sonally determines that the waiver is necessary to avoid
3 harm to national security interests of the United States,
4 and that the term of the contract or subcontract is not
5 longer than necessary to avoid such harm. The determina-
6 tion shall set forth with specificity the grounds for the waiv-
7 er and for the contract or subcontract term selected, and
8 shall state any alternatives considered in lieu of a waiver
9 and the reasons each such alternative would not avoid harm
10 to national security interests of the United States. The Sec-
11 retary of Defense shall transmit to Congress, and simulta-
12 neously make public, any determination under this sub-
13 section not less than 15 business days before the contract
14 or subcontract addressed in the determination may be
15 awarded.
16 (INCLUDING TRANSFER OF FUNDS)
17 SEC. 8095. From within the funds appropriated for
18 operation and maintenance for the Defense Health Program
19 in this Act, up to $137,000,000, shall be available for trans-
20 fer to the Joint Department of Defense-Department of Vet-
21 erans Affairs Medical Facility Demonstration Fund in ac-
22 cordance with the provisions of section 1704 of the National
23 Defense Authorization Act for Fiscal Year 2010, Public Law
24 111–84: Provided, That for purposes of section 1704(b), the
25 facility operations funded are operations of the integrated
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00346 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
347
1 Captain James A. Lovell Federal Health Care Center, con-
2 sisting of the North Chicago Veterans Affairs Medical Cen-
3 ter, the Navy Ambulatory Care Center, and supporting fa-
4 cilities designated as a combined Federal medical facility
5 as described by section 706 of Public Law 110–417: Pro-
6 vided further, That additional funds may be transferred
7 from funds appropriated for operation and maintenance for
8 the Defense Health Program to the Joint Department of De-
9 fense-Department of Veterans Affairs Medical Facility
10 Demonstration Fund upon written notification by the Sec-
11 retary of Defense to the Committees on Appropriations of
12 the House of Representatives and the Senate.
13 SEC. 8096. None of the funds appropriated or other-
14 wise made available by this Act may be used by the Depart-
15 ment of Defense or a component thereof in contravention
16 of the provisions of section 130h of title 10, United States
17 Code.
18 SEC. 8097. Appropriations available to the Depart-
19 ment of Defense may be used for the purchase of heavy and
20 light armored vehicles for the physical security of personnel
21 or for force protection purposes up to a limit of $450,000
22 per vehicle, notwithstanding price or other limitations ap-
23 plicable to the purchase of passenger carrying vehicles.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00347 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
348
1 (INCLUDING TRANSFER OF FUNDS)
2 SEC. 8098. Upon a determination by the Director of
3 National Intelligence that such action is necessary and in
4 the national interest, the Director may, with the approval
5 of the Office of Management and Budget, transfer not to
6 exceed $1,500,000,000 of the funds made available in this
7 Act for the National Intelligence Program: Provided, That
8 such authority to transfer may not be used unless for higher
9 priority items, based on unforeseen intelligence require-
10 ments, than those for which originally appropriated and
11 in no case where the item for which funds are requested
12 has been denied by the Congress: Provided further, That a
13 request for multiple reprogrammings of funds using author-
14 ity provided in this section shall be made prior to June
15 30, 2021.
16 SEC. 8099. None of the funds made available by this
17 Act may be used in contravention of the War Powers Reso-
18 lution (50 U.S.C. 1541 et seq.).
19 SEC. 8100. None of the funds appropriated or other-
20 wise made available in this or any other Act may be used
21 to transfer, release, or assist in the transfer or release to
22 or within the United States, its territories, or possessions
23 Khalid Sheikh Mohammed or any other detainee who—
24 (1) is not a United States citizen or a member
25 of the Armed Forces of the United States; and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00348 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
349
1 (2) is or was held on or after June 24, 2009, at
2 United States Naval Station, Guantánamo Bay,
3 Cuba, by the Department of Defense.
4 SEC. 8101. None of the funds appropriated or other-
5 wise made available in this Act may be used to transfer
6 any individual detained at United States Naval Station
7 Guantánamo Bay, Cuba, to the custody or control of the
8 individual’s country of origin, any other foreign country,
9 or any other foreign entity except in accordance with sec-
10 tion 1034 of the National Defense Authorization Act for Fis-
11 cal Year 2016 (Public Law 114–92) and section 1035 of
12 the John S. McCain National Defense Authorization Act for
13 Fiscal Year 2019 (Public Law 115–232).
14 SEC. 8102. (a) None of the funds appropriated or oth-
15 erwise made available by this or any other Act may be used
16 by the Secretary of Defense, or any other official or officer
17 of the Department of Defense, to enter into a contract,
18 memorandum of understanding, or cooperative agreement
19 with, or make a grant to, or provide a loan or loan guar-
20 antee to Rosoboronexport or any subsidiary of
21 Rosoboronexport.
22 (b) The Secretary of Defense may waive the limitation
23 in subsection (a) if the Secretary, in consultation with the
24 Secretary of State and the Director of National Intelligence,
25 determines that it is in the vital national security interest
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00349 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
350
1 of the United States to do so, and certifies in writing to
2 the congressional defense committees that—
3 (1) Rosoboronexport has ceased the transfer of le-
4 thal military equipment to, and the maintenance of
5 existing lethal military equipment for, the Govern-
6 ment of the Syrian Arab Republic;
7 (2) the armed forces of the Russian Federation
8 have withdrawn from Crimea, other than armed
9 forces present on military bases subject to agreements
10 in force between the Government of the Russian Fed-
11 eration and the Government of Ukraine; and
12 (3) agents of the Russian Federation have ceased
13 taking active measures to destabilize the control of the
14 Government of Ukraine over eastern Ukraine.
15 (c) The Inspector General of the Department of Defense
16 shall conduct a review of any action involving
17 Rosoboronexport with respect to a waiver issued by the Sec-
18 retary of Defense pursuant to subsection (b), and not later
19 than 90 days after the date on which such a waiver is issued
20 by the Secretary of Defense, the Inspector General shall sub-
21 mit to the congressional defense committees a report con-
22 taining the results of the review conducted with respect to
23 such waiver.
24 SEC. 8103. None of the funds made available in this
25 Act may be used for the purchase or manufacture of a flag
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00350 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
351
1 of the United States unless such flags are treated as covered
2 items under section 2533a(b) of title 10, United States
3 Code.
4 SEC. 8104. (a) None of the funds appropriated or oth-
5 erwise made available in this or any other Act may be used
6 to construct, acquire, or modify any facility in the United
7 States, its territories, or possessions to house any individual
8 described in subsection (c) for the purposes of detention or
9 imprisonment in the custody or under the effective control
10 of the Department of Defense.
11 (b) The prohibition in subsection (a) shall not apply
12 to any modification of facilities at United States Naval
13 Station, Guantánamo Bay, Cuba.
14 (c) An individual described in this subsection is any
15 individual who, as of June 24, 2009, is located at United
16 States Naval Station, Guantánamo Bay, Cuba, and who—
17 (1) is not a citizen of the United States or a
18 member of the Armed Forces of the United States; and
19 (2) is—
20 (A) in the custody or under the effective
21 control of the Department of Defense; or
22 (B) otherwise under detention at United
23 States Naval Station, Guantánamo Bay, Cuba.
24 SEC. 8105. Of the amounts appropriated in this Act
25 for ‘‘Shipbuilding and Conversion, Navy’’, $60,000,000, to
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00351 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
352
1 remain available for obligation until September 30, 2025,
2 may be used for the purchase of two used sealift vessels for
3 the National Defense Reserve Fleet, established under sec-
4 tion 11 of the Merchant Ship Sales Act of 1946 (46 U.S.C.
5 57100): Provided, That such amounts are available for re-
6 imbursements to the Ready Reserve Force, Maritime Ad-
7 ministration account of the United States Department of
8 Transportation for programs, projects, activities, and ex-
9 penses related to the National Defense Reserve Fleet: Pro-
10 vided further, That notwithstanding 10 U.S.C. 2218 (Na-
11 tional Defense Sealift Fund), none of these funds shall be
12 transferred to the National Defense Sealift Fund for execu-
13 tion.
14 SEC. 8106. The Secretary of Defense shall post grant
15 awards on a public website in a searchable format.
16 SEC. 8107. If the Secretary of a military department
17 reduces each research, development, test and evaluation, and
18 procurement account of the military department pursuant
19 to paragraph (1) of section 828(d) of the National Defense
20 Authorization Act for Fiscal Year 2016 (Public Law 114–
21 92; 10 U.S.C. 2430 note), the Secretary shall allocate the
22 reduction determined under paragraph (2) of such section
23 828(d) proportionally from all programs, projects, or ac-
24 tivities under such account: Provided, That the authority
25 under section 804(d)(2) of the National Defense Authoriza-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00352 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
353
1 tion Act for Fiscal Year 2016 (Public Law 114–92; 10
2 U.S.C. 2302 note) to transfer amounts available in the
3 Rapid Prototyping Fund shall be subject to section 8005
4 or 9002 of this Act, as applicable.
5 SEC. 8108. None of the funds made available by this
6 Act may be used by the National Security Agency to—
7 (1) conduct an acquisition pursuant to section
8 702 of the Foreign Intelligence Surveillance Act of
9 1978 for the purpose of targeting a United States per-
10 son; or
11 (2) acquire, monitor, or store the contents (as
12 such term is defined in section 2510(8) of title 18,
13 United States Code) of any electronic communication
14 of a United States person from a provider of elec-
15 tronic communication services to the public pursuant
16 to section 501 of the Foreign Intelligence Surveillance
17 Act of 1978.
18 SEC. 8109. None of the funds made available in this
19 or any other Act may be used to pay the salary of any
20 officer or employee of any agency funded by this Act who
21 approves or implements the transfer of administrative re-
22 sponsibilities or budgetary resources of any program,
23 project, or activity financed by this Act to the jurisdiction
24 of another Federal agency not financed by this Act without
25 the express authorization of Congress: Provided, That this
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00353 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
354
1 limitation shall not apply to transfers of funds expressly
2 provided for in Defense Appropriations Acts, or provisions
3 of Acts providing supplemental appropriations for the De-
4 partment of Defense.
5 SEC. 8110. Of the amounts appropriated in this Act
6 for ‘‘Operation and Maintenance, Navy’’, $376,029,000, to
7 remain available until expended, may be used for any pur-
8 poses related to the National Defense Reserve Fleet estab-
9 lished under section 11 of the Merchant Ship Sales Act of
10 1946 (46 U.S.C. 57100): Provided, That such amounts are
11 available for reimbursements to the Ready Reserve Force,
12 Maritime Administration account of the United States De-
13 partment of Transportation for programs, projects, activi-
14 ties, and expenses related to the National Defense Reserve
15 Fleet.
16 SEC. 8111. None of the funds made available in this
17 Act may be obligated for activities authorized under section
18 1208 of the Ronald W. Reagan National Defense Authoriza-
19 tion Act for Fiscal Year 2005 (Public Law 112–81; 125
20 Stat. 1621) to initiate support for, or expand support to,
21 foreign forces, irregular forces, groups, or individuals unless
22 the congressional defense committees are notified in accord-
23 ance with the direction contained in the classified annex
24 accompanying this Act, not less than 15 days before initi-
25 ating such support: Provided, That none of the funds made
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00354 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
355
1 available in this Act may be used under section 1208 for
2 any activity that is not in support of an ongoing military
3 operation being conducted by United States Special Oper-
4 ations Forces to combat terrorism: Provided further, That
5 the Secretary of Defense may waive the prohibitions in this
6 section if the Secretary determines that such waiver is re-
7 quired by extraordinary circumstances and, by not later
8 than 72 hours after making such waiver, notifies the con-
9 gressional defense committees of such waiver.
10 SEC. 8112. The Secretary of Defense, in consultation
11 with the Service Secretaries, shall submit a report to the
12 congressional defense committees, not later than 180 days
13 after the enactment of this Act, detailing the submission of
14 records during the previous 12 months to databases acces-
15 sible to the National Instant Criminal Background Check
16 System (NICS), including the Interstate Identification
17 Index (III), the National Crime Information Center
18 (NCIC), and the NICS Index, as required by Public Law
19 110–180: Provided, That such report shall provide the num-
20 ber and category of records submitted by month to each such
21 database, by Service or Component: Provided further, That
22 such report shall identify the number and category of
23 records submitted by month to those databases for which
24 the Identification for Firearm Sales (IFFS) flag or other
25 database flags were used to pre-validate the records and in-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00355 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
356
1 dicate that such persons are prohibited from receiving or
2 possessing a firearm: Provided further, That such report
3 shall describe the steps taken during the previous 12
4 months, by Service or Component, to ensure complete and
5 accurate submission and appropriate flagging of records of
6 individuals prohibited from gun possession or receipt pur-
7 suant to 18 U.S.C. 922(g) or (n) including applicable
8 records involving proceedings under the Uniform Code of
9 Military Justice.
10 SEC. 8113. (a) None of the funds provided in this Act
11 for the TAO Fleet Oiler program shall be used to award
12 a new contract that provides for the acquisition of the fol-
13 lowing components unless those components are manufac-
14 tured in the United States: Auxiliary equipment (including
15 pumps) for shipboard services; propulsion equipment (in-
16 cluding engines, reduction gears, and propellers); shipboard
17 cranes; and spreaders for shipboard cranes.
18 (b) None of the funds provided in this Act for the
19 FFG(X) Frigate program shall be used to award a new con-
20 tract that provides for the acquisition of the following com-
21 ponents unless those components are manufactured in the
22 United States: Air circuit breakers; gyrocompasses; elec-
23 tronic navigation chart systems; steering controls; pumps;
24 propulsion and machinery control systems; totally enclosed
25 lifeboats; auxiliary equipment pumps; shipboard cranes;
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00356 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
357
1 auxiliary chill water systems; and propulsion propellers:
2 Provided, That the Secretary of the Navy shall incorporate
3 United States manufactured propulsion engines and pro-
4 pulsion reduction gears into the FFG(X) Frigate program
5 beginning not later than with the eleventh ship of the pro-
6 gram.
7 SEC. 8114. No amounts credited or otherwise made
8 available in this or any other Act to the Department of De-
9 fense Acquisition Workforce Development Account may be
10 transferred to:
11 (1) the Rapid Prototyping Fund established
12 under section 804(d) of the National Defense Author-
13 ization Act for Fiscal Year 2016 (10 U.S.C. 2302
14 note); or
15 (2) credited to a military-department specific
16 fund established under section 804(d)(2) of the Na-
17 tional Defense Authorization Act for Fiscal Year 2016
18 (as amended by section 897 of the National Defense
19 Authorization Act for Fiscal Year 2017).
20 SEC. 8115. None of the funds made available by this
21 Act may be used for Government Travel Charge Card ex-
22 penses by military or civilian personnel of the Department
23 of Defense for gaming, or for entertainment that includes
24 topless or nude entertainers or participants, as prohibited
25 by Department of Defense FMR, Volume 9, Chapter 3 and
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00357 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
358
1 Department of Defense Instruction 1015.10 (enclosure 3,
2 14a and 14b).
3 SEC. 8116. (a) None of the funds made available in
4 this Act may be used to maintain or establish a computer
5 network unless such network is designed to block access to
6 pornography websites.
7 (b) Nothing in subsection (a) shall limit the use of
8 funds necessary for any Federal, State, tribal, or local law
9 enforcement agency or any other entity carrying out crimi-
10 nal investigations, prosecution, or adjudication activities,
11 or for any activity necessary for the national defense, in-
12 cluding intelligence activities.
13 SEC. 8117. None of the funds appropriated by this Act
14 may be made available to deliver F–35 air vehicles or any
15 other F–35 weapon system equipment to the Republic of
16 Turkey, except in accordance with section 1245 of the Na-
17 tional Defense Authorization Act for Fiscal Year 2020 (Pub-
18 lic Law 116–92).
19 SEC. 8118. In addition to amounts provided elsewhere
20 in this Act, there is appropriated $284,000,000, for an ad-
21 ditional amount for ‘‘Operation and Maintenance, Defense-
22 Wide’’, to remain available until expended: Provided, That
23 such funds shall only be available to the Secretary of De-
24 fense, acting through the Office of Economic Adjustment of
25 the Department of Defense, or for transfer to the Secretary
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00358 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
359
1 of Education, notwithstanding any other provision of law,
2 to make grants, conclude cooperative agreements, or supple-
3 ment other Federal funds to construct, renovate, repair, or
4 expand elementary and secondary public schools on mili-
5 tary installations in order to address capacity or facility
6 condition deficiencies at such schools: Provided further,
7 That in making such funds available, the Office of Eco-
8 nomic Adjustment or the Secretary of Education shall give
9 priority consideration to those military installations with
10 schools having the most serious capacity or facility condi-
11 tion deficiencies as determined by the Secretary of Defense:
12 Provided further, That as a condition of receiving funds
13 under this section a local educational agency or State shall
14 provide a matching share as described in the notice titled
15 ‘‘Department of Defense Program for Construction, Renova-
16 tion, Repair or Expansion of Public Schools Located on
17 Military Installations’’ published by the Department of De-
18 fense in the Federal Register on September 9, 2011 (76 Fed.
19 Reg. 55883 et seq.): Provided further, That these provisions
20 apply to funds provided under this section, and to funds
21 previously provided by Congress to construct, renovate, re-
22 pair, or expand elementary and secondary public schools
23 on military installations in order to address capacity or
24 facility condition deficiencies at such schools to the extent
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00359 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
360
1 such funds remain unobligated on the date of enactment of
2 this section.
3 SEC. 8119. In carrying out the program described in
4 the memorandum on the subject of ‘‘Policy for Assisted Re-
5 productive Services for the Benefit of Seriously or Severely
6 Ill/Injured (Category II or III) Active Duty Service Mem-
7 bers’’ issued by the Assistant Secretary of Defense for
8 Health Affairs on April 3, 2012, and the guidance issued
9 to implement such memorandum, the Secretary of Defense
10 shall apply such policy and guidance, except that—
11 (1) the limitation on periods regarding embryo
12 cryopreservation and storage set forth in part III(G)
13 and in part IV(H) of such memorandum shall not
14 apply; and
15 (2) the term ‘‘assisted reproductive technology’’
16 shall include embryo cryopreservation and storage
17 without limitation on the duration of such
18 cryopreservation and storage.
19 SEC. 8120. None of the funds made available by this
20 Act may be used to carry out the closure or realignment
21 of the United States Naval Station, Guantánamo Bay,
22 Cuba.
23 SEC. 8121. None of the funds provided for, or otherwise
24 made available, in this or any other Act, may be obligated
25 or expended by the Secretary of Defense to provide motor-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00360 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
361
1 ized vehicles, aviation platforms, munitions other than
2 small arms and munitions appropriate for customary cere-
3 monial honors, operational military units, or operational
4 military platforms if the Secretary determines that pro-
5 viding such units, platforms, or equipment would under-
6 mine the readiness of such units, platforms, or equipment.
7 SEC. 8122. The Secretary of Defense may obligate and
8 expend funds made available under this Act for procure-
9 ment or for research, development, test and evaluation for
10 the F–35 Joint Strike Fighter to modify up to six F–35
11 aircraft, including up to two F–35 aircraft of each variant,
12 to a test configuration: Provided, That the Secretary of De-
13 fense shall, with the concurrence of the Secretary of the Air
14 Force and the Secretary of the Navy, notify the congres-
15 sional defense committees not fewer than 30 days prior to
16 obligating and expending funds under this section: Provided
17 further, That any transfer of funds pursuant to the author-
18 ity provided in this section shall be made in accordance
19 with section 8005 or 9002 of this Act, as appropriate, if
20 applicable: Provided further, That aircraft referred to pre-
21 viously in this section are not additional to aircraft referred
22 to in section 8135 of the Department of Defense Appropria-
23 tions Act, 2019 and section 8126 of the Department of De-
24 fense Appropriations Act, 2020.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00361 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
362
1 SEC. 8123. Amounts appropriated for ‘‘Defense Health
2 Program’’ in this Act and hereafter may be obligated to
3 make death gratuity payments, as authorized in subchapter
4 II of chapter 75 of title 10, United States Code, if no appro-
5 priation for ‘‘Military Personnel’’ is available for obligation
6 for such payments: Provided, That such obligations may
7 subsequently be recorded against appropriations available
8 for ‘‘Military Personnel’’.
9 SEC. 8124. (a) None of the funds made available by
10 this or any other Act may be used to enter into a contract,
11 memorandum of understanding, or cooperative agreement
12 with, make a grant to, or provide a loan or loan guarantee
13 to any corporation that has any unpaid Federal tax liabil-
14 ity that has been assessed, for which all judicial and admin-
15 istrative remedies have been exhausted or have lapsed, and
16 that is not being paid in a timely manner pursuant to an
17 agreement with the authority responsible for collecting such
18 tax liability, provided that the applicable Federal agency
19 is aware of the unpaid Federal tax liability.
20 (b) Subsection (a) shall not apply if the applicable
21 Federal agency has considered suspension or debarment of
22 the corporation described in such subsection and has made
23 a determination that such suspension or debarment is not
24 necessary to protect the interests of the Federal Government.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00362 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
363
1 SEC. 8125. During fiscal year 2021, any advance bill-
2 ing for background investigation services and related serv-
3 ices purchased from activities financed using Defense Work-
4 ing Capital Funds shall be excluded from the calculation
5 of cumulative advance billings under section 2208(l)(3) of
6 title 10, United States Code.
7 SEC. 8126. None of the funds appropriated or other-
8 wise made available by this Act may be used to transfer
9 the National Reconnaissance Office to the Space Force: Pro-
10 vided, That nothing in this Act shall be construed to limit
11 or prohibit cooperation, collaboration, and coordination be-
12 tween the National Reconnaissance Office and the Space
13 Force or any other elements of the Department of Defense.
14 SEC. 8127. None of the funds appropriated or other-
15 wise made available by this Act may be used to transfer
16 any element of the Department of the Army, the Depart-
17 ment of the Navy, or a Department of Defense agency to
18 the Space Force unless, concurrent with the fiscal year 2022
19 budget submission (as submitted to Congress pursuant to
20 section 1105 of title 31, United States Code), the Secretary
21 of Defense provides a report to the Committees on Appro-
22 priations of the House of Representatives and the Senate,
23 detailing any plans to transfer appropriate space elements
24 of the Department of the Army, the Department of the
25 Navy, or a Department of Defense agency to the Space
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00363 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
364
1 Force and certifies in writing to the Committees on Appro-
2 priations of the House of Representatives and the Senate
3 that such transfer is consistent with the mission of the
4 Space Force and will not have an adverse impact on the
5 Department or agency from which such element is being
6 transferred: Provided, That such report shall include fiscal
7 year 2022 budget and future years defense program adjust-
8 ments associated with such planned transfers.
9 SEC. 8128. Funds appropriated in titles I and IX of
10 this Act under headings for ‘‘Military Personnel’’ may be
11 used for expenses described therein for members of the Space
12 Force on active duty: Provided, That amounts appropriated
13 under such headings may be used for payments pursuant
14 to section 156 of Public Law 97–377, as amended (42
15 U.S.C. 402 note), and to the Department of Defense Mili-
16 tary Retirement Fund.
17 SEC. 8129. Notwithstanding any other provision of
18 this Act, to reflect savings due to favorable foreign exchange
19 rates, the total amount appropriated in this Act is hereby
20 reduced by $375,000,000.
21 SEC. 8130. Notwithstanding any other provision of
22 this Act, to reflect savings due to lower than anticipated
23 fuel costs, the total amount appropriated in this Act is here-
24 by reduced by $1,700,362,000.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00364 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
365
1 SEC. 8131. (a) Amounts appropriated under title IV
2 of this Act, as detailed in budget activity eight of the tables
3 in the explanatory statement regarding this Act, may be
4 used for expenses for the agile research, development, test
5 and evaluation, procurement, production, modification,
6 and operation and maintenance, only for the following Soft-
7 ware and Digital Technology Pilot programs—
8 (1) Defensive Cyber Operations Army (PE
9 0608041A);
10 (2) Risk Management Information (PE
11 0608013N);
12 (3) Maritime Tactical Command Control (PE
13 0608231N);
14 (4) Space Command and Control (PE
15 1203614SF);
16 (5) National Background Investigation Services
17 (PE 0608197V);
18 (6) Global Command and Control System-Joint
19 (PE 0308150K);
20 (7) Algorithmic Warfare Cross Functional Team
21 (PE 0308588D8Z); and
22 (8) Acquisition visibility (PE 0608648D8Z).
23 (b) None of the funds appropriated by this or prior
24 Department of Defense Appropriations Acts may be obli-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00365 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
366
1 gated or expended to initiate additional Software and Dig-
2 ital Technology Pilot Programs in fiscal year 2021.
3 SEC. 8132. (a) In addition to amounts otherwise made
4 available in this Act, there is appropriated $100,000,000
5 to the Under Secretary of Defense (Acquisition and
6 Sustainment), to remain available until expended.
7 (b) The funds provided by subsection (a) shall be avail-
8 able to the Under Secretary of Defense (Acquisition and
9 Sustainment), in coordination with the Assistant Secretary
10 of the Army (Acquisition, Logistics and Technology) and
11 the Assistant Secretary of the Navy (Research, Development
12 and Acquisition) and the Assistant Secretary of the Air
13 Force (Acquisition, Technology and Logistics), to assess and
14 strengthen the manufacturing and defense industrial base
15 and supply chain resiliency of the United States.
16 (c)(1) The Under Secretary of Defense (Comptroller)
17 shall transfer funds provided by subsection (a) to appro-
18 priations for operation and maintenance; procurement; and
19 research, development, test and evaluation to accomplish the
20 purposes specified in subsection (b). Such transferred funds
21 shall be merged with and be available for the same purposes
22 and for the same time period as the appropriation to which
23 they are transferred.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00366 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
367
1 (2) The transfer authority provided by this subsection
2 shall be in addition to any other transfer authority avail-
3 able to the Department of Defense.
4 (3) The Under Secretary of Defense (Acquisition and
5 Sustainment) shall, through the Under Secretary of Defense
6 (Comptroller), not less than 30 days prior to making any
7 transfer under this subsection, notify the congressional de-
8 fense committees in writing of the details of the transfer.
9 (d) Funds appropriated by this section may not be
10 transferred to ‘‘Drug Interdiction and Counter-Drug Activi-
11 ties, Defense’’.
12 (INCLUDING TRANSFER OF FUNDS)
13 SEC. 8133. In addition to amounts appropriated in
14 title II or otherwise made available elsewhere in this Act,
15 $300,500,000 is hereby appropriated to the Department of
16 Defense and made available for transfer to the operation
17 and maintenance accounts of the Army, Navy, Marine
18 Corps, and Air Force (including National Guard and Re-
19 serve) for purposes of improving military readiness: Pro-
20 vided, That the transfer authority provided under this pro-
21 vision is in addition to any other transfer authority pro-
22 vided elsewhere in this Act.
23 SEC. 8134. None of the funds provided in this Act for
24 requirements development, performance specification devel-
25 opment, concept design and development, ship configura-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00367 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
368
1 tion development, systems engineering, naval architecture,
2 marine engineering, operations research analysis, industry
3 studies, preliminary design, development of the Detailed
4 Design and Construction Request for Proposals solicitation
5 package, or related activities for the AS(X) Submarine Ten-
6 der, T–ARC(X) Cable Laying and Repair Ship, or T–
7 AGOS(X) Oceanographic Surveillance Ship may be used to
8 award a new contract for such activities unless these con-
9 tracts include specifications that all auxiliary equipment,
10 including pumps and propulsion shafts are manufactured
11 in the United States.
12 SEC. 8135. None of the funds made available by this
13 Act may be obligated or expended for the purpose of decom-
14 missioning the USS Fort Worth or the USS Coronado.
15 SEC. 8136. Of the amounts appropriated in this Act
16 under the heading ‘‘Operation and Maintenance, Defense-
17 Wide’’, $50,000,000, to remain available until September
18 30, 2022: Provided, That such funds shall only be available
19 to the Secretary of Defense, acting through the Office of Eco-
20 nomic Adjustment of the Department of Defense, to make
21 grants to communities impacted by military aviation noise
22 for the purpose of installing noise mitigating insulation at
23 covered facilities: Provided further, That, to be eligible to
24 receive a grant under the program, a community must enter
25 into an agreement with the Secretary under which the com-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00368 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
369
1 munity prioritizes the use of funds for the installation of
2 noise mitigation at covered facilities in the community:
3 Provided further, That as a condition of receiving funds
4 under this section a State or local entity shall provide a
5 matching share of ten percent: Provided further, That
6 grants under the program may be used to meet the Federal
7 match requirement under the airport improvement program
8 established under subchapter I of chapter 471 and sub-
9 chapter I of chapter 475 of title 49, United States Code:
10 Provided further, That, in carrying out the program, the
11 Secretary of Defense shall coordinate with the Secretary of
12 Transportation to minimize duplication of efforts with any
13 other noise mitigation program compliant with part 150
14 of title 14, Code of Federal Regulations: Provided further,
15 That, in this section, the term ‘‘covered facilities’’ means
16 hospitals, daycare facilities, schools, facilities serving senior
17 citizens, and private residences that are located within one
18 mile or a day-night average sound level of 65 or greater
19 of a military installation or another location at which mili-
20 tary aircraft are stationed or are located in an area im-
21 pacted by military aviation noise within one mile or a day-
22 night average sound level of 65 or greater, as determined
23 by the Department of Defense or Federal Aviation Adminis-
24 tration noise modeling programs.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00369 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
370
1 SEC. 8137. None of the funds appropriated or other-
2 wise made available by this Act may be obligated or ex-
3 pended for the lease of an icebreaking vessel unless such obli-
4 gation or expenditure is compliant with section 1301 of title
5 31, United States Code, and related statutes and is made
6 pursuant to a contract awarded using full and open com-
7 petitive procedures or procedures authorized by section
8 2304(c)(6) of title 10, United States Code.
9 SEC. 8138. Amounts appropriated or otherwise made
10 available to the Department of Defense in this Act, may
11 not be obligated or expended for the retirement or divesti-
12 ture of the RQ–4 Global Hawk Block 30 and Block 40 air-
13 craft: Provided, That the Secretary of the Air Force is pro-
14 hibited from deactivating the corresponding squadrons re-
15 sponsible for the operations of the aforementioned aircraft.
16 TITLE IX
17 OVERSEAS CONTINGENCY OPERATIONS
18 MILITARY PERSONNEL
19 MILITARY PERSONNEL, ARMY
20 For an additional amount for ‘‘Military Personnel,
21 Army’’, $2,748,033,000: Provided, That such amount is des-
22 ignated by the Congress for Overseas Contingency Oper-
23 ations/Global War on Terrorism pursuant to section
24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
25 Deficit Control Act of 1985.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00370 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
371
1 MILITARY PERSONNEL, NAVY
2 For an additional amount for ‘‘Military Personnel,
3 Navy’’, $382,286,000: Provided, That such amount is des-
4 ignated by the Congress for Overseas Contingency Oper-
5 ations/Global War on Terrorism pursuant to section
6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
7 Deficit Control Act of 1985.
8 MILITARY PERSONNEL, MARINE CORPS
9 For an additional amount for ‘‘Military Personnel,
10 Marine Corps’’, $129,943,000: Provided, That such amount
11 is designated by the Congress for Overseas Contingency Op-
12 erations/Global War on Terrorism pursuant to section
13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
14 Deficit Control Act of 1985.
15 MILITARY PERSONNEL, AIR FORCE
16 For an additional amount for ‘‘Military Personnel,
17 Air Force’’, $1,077,168,000: Provided, That such amount
18 is designated by the Congress for Overseas Contingency Op-
19 erations/Global War on Terrorism pursuant to section
20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22 RESERVE PERSONNEL, ARMY
23 For an additional amount for ‘‘Reserve Personnel,
24 Army’’, $33,414,000: Provided, That such amount is des-
25 ignated by the Congress for Overseas Contingency Oper-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00371 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
372
1 ations/Global War on Terrorism pursuant to section
2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
3 Deficit Control Act of 1985.
4 RESERVE PERSONNEL, NAVY
5 For an additional amount for ‘‘Reserve Personnel,
6 Navy’’, $11,771,000: Provided, That such amount is des-
7 ignated by the Congress for Overseas Contingency Oper-
8 ations/Global War on Terrorism pursuant to section
9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
10 Deficit Control Act of 1985.
11 RESERVE PERSONNEL, MARINE CORPS
12 For an additional amount for ‘‘Reserve Personnel, Ma-
13 rine Corps’’, $2,048,000: Provided, That such amount is
14 designated by the Congress for Overseas Contingency Oper-
15 ations/Global War on Terrorism pursuant to section
16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
17 Deficit Control Act of 1985.
18 RESERVE PERSONNEL, AIR FORCE
19 For an additional amount for ‘‘Reserve Personnel, Air
20 Force’’, $16,816,000: Provided, That such amount is des-
21 ignated by the Congress for Overseas Contingency Oper-
22 ations/Global War on Terrorism pursuant to section
23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
24 Deficit Control Act of 1985.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00372 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
373
1 NATIONAL GUARD PERSONNEL, ARMY
2 For an additional amount for ‘‘National Guard Per-
3 sonnel, Army’’, $195,314,000: Provided, That such amount
4 is designated by the Congress for Overseas Contingency Op-
5 erations/Global War on Terrorism pursuant to section
6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
7 Deficit Control Act of 1985.
8 NATIONAL GUARD PERSONNEL, AIR FORCE
9 For an additional amount for ‘‘National Guard Per-
10 sonnel, Air Force’’, $5,800,000: Provided, That such
11 amount is designated by the Congress for Overseas Contin-
12 gency Operations/Global War on Terrorism pursuant to sec-
13 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
14 gency Deficit Control Act of 1985.
15 OPERATION AND MAINTENANCE
16 OPERATION AND MAINTENANCE, ARMY
17 For an additional amount for ‘‘Operation and Mainte-
18 nance, Army’’, $17,497,254,000: Provided, That such
19 amount is designated by the Congress for Overseas Contin-
20 gency Operations/Global War on Terrorism pursuant to sec-
21 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
22 gency Deficit Control Act of 1985.
23 OPERATION AND MAINTENANCE, NAVY
24 For an additional amount for ‘‘Operation and Mainte-
25 nance, Navy’’, $11,568,363,000: Provided, That such
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00373 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
374
1 amount is designated by the Congress for Overseas Contin-
2 gency Operations/Global War on Terrorism pursuant to sec-
3 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
4 gency Deficit Control Act of 1985.
5 OPERATION AND MAINTENANCE, MARINE CORPS
6 For an additional amount for ‘‘Operation and Mainte-
7 nance, Marine Corps’’, $1,108,667,000: Provided, That such
8 amount is designated by the Congress for Overseas Contin-
9 gency Operations/Global War on Terrorism pursuant to sec-
10 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
11 gency Deficit Control Act of 1985.
12 OPERATION AND MAINTENANCE, AIR FORCE
13 For an additional amount for ‘‘Operation and Mainte-
14 nance, Air Force’’, $18,432,020,000: Provided, That such
15 amount is designated by the Congress for Overseas Contin-
16 gency Operations/Global War on Terrorism pursuant to sec-
17 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
18 gency Deficit Control Act of 1985.
19 OPERATION AND MAINTENANCE, SPACE FORCE
20 For an additional amount for ‘‘Operation and Mainte-
21 nance, Space Force’’, $77,115,000: Provided, That such
22 amount is designated by the Congress for Overseas Contin-
23 gency Operations/Global War on Terrorism pursuant to sec-
24 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
25 gency Deficit Control Act of 1985.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00374 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
375
1 OPERATION AND MAINTENANCE, DEFENSE-WIDE
2 For an additional amount for ‘‘Operation and Mainte-
3 nance, Defense-Wide’’, $6,041,898,000: Provided, That such
4 amount is designated by the Congress for Overseas Contin-
5 gency Operations/Global War on Terrorism pursuant to sec-
6 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
7 gency Deficit Control Act of 1985.
8 OPERATION AND MAINTENANCE, ARMY RESERVE
9 For an additional amount for ‘‘Operation and Mainte-
10 nance, Army Reserve’’, $33,399,000: Provided, That such
11 amount is designated by the Congress for Overseas Contin-
12 gency Operations/Global War on Terrorism pursuant to sec-
13 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
14 gency Deficit Control Act of 1985.
15 OPERATION AND MAINTENANCE, NAVY RESERVE
16 For an additional amount for ‘‘Operation and Mainte-
17 nance, Navy Reserve’’, $21,492,000: Provided, That such
18 amount is designated by the Congress for Overseas Contin-
19 gency Operations/Global War on Terrorism pursuant to sec-
20 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
21 gency Deficit Control Act of 1985.
22 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
23 For an additional amount for ‘‘Operation and Mainte-
24 nance, Marine Corps Reserve’’, $8,707,000: Provided, That
25 such amount is designated by the Congress for Overseas
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00375 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
376
1 Contingency Operations/Global War on Terrorism pursu-
2 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and
3 Emergency Deficit Control Act of 1985.
4 OPERATION AND MAINTENANCE, AIR FORCE RESERVE
5 For an additional amount for ‘‘Operation and Mainte-
6 nance, Air Force Reserve’’, $30,090,000: Provided, That
7 such amount is designated by the Congress for Overseas
8 Contingency Operations/Global War on Terrorism pursu-
9 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and
10 Emergency Deficit Control Act of 1985.
11 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
12 For an additional amount for ‘‘Operation and Mainte-
13 nance, Army National Guard’’, $79,792,000: Provided,
14 That such amount is designated by the Congress for Over-
15 seas Contingency Operations/Global War on Terrorism pur-
16 suant to section 251(b)(2)(A)(ii) of the Balanced Budget
17 and Emergency Deficit Control Act of 1985.
18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
19 For an additional amount for ‘‘Operation and Mainte-
20 nance, Air National Guard’’, $175,642,000: Provided, That
21 such amount is designated by the Congress for Overseas
22 Contingency Operations/Global War on Terrorism pursu-
23 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00376 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
377
1 AFGHANISTAN SECURITY FORCES FUND
2 For the ‘‘Afghanistan Security Forces Fund’’,
3 $3,047,612,000, to remain available until September 30,
4 2022: Provided, That such funds shall be available to the
5 Secretary of Defense for the purpose of allowing the Com-
6 mander, Combined Security Transition Command—Af-
7 ghanistan, or the Secretary’s designee, to provide assistance,
8 with the concurrence of the Secretary of State, to the secu-
9 rity forces of Afghanistan, including the provision of equip-
10 ment, supplies, services, training, facility and infrastruc-
11 ture repair, renovation, construction, and funding: Pro-
12 vided further, That the Secretary of Defense may obligate
13 and expend funds made available to the Department of De-
14 fense in this title for additional costs associated with exist-
15 ing projects previously funded with amounts provided
16 under the heading ‘‘Afghanistan Infrastructure Fund’’ in
17 prior Acts: Provided further, That such costs shall be lim-
18 ited to contract changes resulting from inflation, market
19 fluctuation, rate adjustments, and other necessary contract
20 actions to complete existing projects, and associated super-
21 vision and administration costs and costs for design during
22 construction: Provided further, That the Secretary may not
23 use more than $50,000,000 under the authority provided
24 in this section: Provided further, That the Secretary shall
25 notify in advance such contract changes and adjustments
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00377 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
378
1 in annual reports to the congressional defense committees:
2 Provided further, That the authority to provide assistance
3 under this heading is in addition to any other authority
4 to provide assistance to foreign nations: Provided further,
5 That contributions of funds for the purposes provided herein
6 from any person, foreign government, or international orga-
7 nization may be credited to this Fund, to remain available
8 until expended, and used for such purposes: Provided fur-
9 ther, That the Secretary of Defense shall notify the congres-
10 sional defense committees in writing upon the receipt and
11 upon the obligation of any contribution, delineating the
12 sources and amounts of the funds received and the specific
13 use of such contributions: Provided further, That the Sec-
14 retary of Defense shall, not fewer than 15 days prior to obli-
15 gating from this appropriation account, notify the congres-
16 sional defense committees in writing of the details of any
17 such obligation: Provided further, That the Secretary of De-
18 fense shall notify the congressional defense committees of
19 any proposed new projects or activities, or transfer of funds
20 between budget sub-activity groups in excess of $20,000,000:
21 Provided further, That the United States may accept equip-
22 ment procured using funds provided under this heading in
23 this or prior Acts that was transferred to the security forces
24 of Afghanistan and returned by such forces to the United
25 States: Provided further, That equipment procured using
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00378 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
379
1 funds provided under this heading in this or prior Acts,
2 and not yet transferred to the security forces of Afghanistan
3 or transferred to the security forces of Afghanistan and re-
4 turned by such forces to the United States, may be treated
5 as stocks of the Department of Defense upon written notifi-
6 cation to the congressional defense committees: Provided
7 further, That of the funds provided under this heading, not
8 less than $20,000,000 shall be for recruitment and retention
9 of women in the Afghanistan National Security Forces, and
10 the recruitment and training of female security personnel:
11 Provided further, That funds appropriated under this head-
12 ing and made available for the salaries and benefits of per-
13 sonnel of the Afghanistan Security Forces may only be used
14 for personnel who are enrolled in the Afghanistan Personnel
15 and Pay System: Provided further, That funds appro-
16 priated under this heading for the Afghanistan Security
17 Forces may only be obligated if the Secretary of Defense,
18 in consultation with the Secretary of State, certifies in
19 writing to the congressional defense committees that such
20 forces are controlled by a civilian, representative govern-
21 ment that is committed to protecting human rights and
22 women’s rights and preventing terrorists and terrorist
23 groups from using the territory of Afghanistan to threaten
24 the security of the United States and United States allies:
25 Provided further, That such amount is designated by the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00379 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
380
1 Congress for Overseas Contingency Operations/Global War
2 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
3 Balanced Budget and Emergency Deficit Control Act of
4 1985.
5 COUNTER-ISIS TRAIN AND EQUIP FUND
6 For the ‘‘Counter-Islamic State of Iraq and Syria
7 Train and Equip Fund’’, $710,000,000, to remain available
8 until September 30, 2022: Provided, That such funds shall
9 be available to the Secretary of Defense in coordination
10 with the Secretary of State, to provide assistance, including
11 training; equipment; logistics support, supplies, and serv-
12 ices; stipends; infrastructure repair and renovation; con-
13 struction for facility fortification and humane treatment;
14 and sustainment, to foreign security forces, irregular forces,
15 groups, or individuals participating, or preparing to par-
16 ticipate in activities to counter the Islamic State of Iraq
17 and Syria, and their affiliated or associated groups: Pro-
18 vided further, That amounts made available under this
19 heading shall be available to provide assistance only for ac-
20 tivities in a country designated by the Secretary of Defense,
21 in coordination with the Secretary of State, as having a
22 security mission to counter the Islamic State of Iraq and
23 Syria, and following written notification to the congres-
24 sional defense committees of such designation: Provided fur-
25 ther, That the Secretary of Defense shall ensure that prior
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00380 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
381
1 to providing assistance to elements of any forces or individ-
2 uals, such elements or individuals are appropriately vetted,
3 including at a minimum, assessing such elements for asso-
4 ciations with terrorist groups or groups associated with the
5 Government of Iran; and receiving commitments from such
6 elements to promote respect for human rights and the rule
7 of law: Provided further, That the Secretary of Defense
8 shall, not fewer than 15 days prior to obligating from this
9 appropriation account, notify the congressional defense
10 committees in writing of the details of any such obligation:
11 Provided further, That the Secretary of Defense may accept
12 and retain contributions, including assistance in-kind,
13 from foreign governments, including the Government of
14 Iraq and other entities, to carry out assistance authorized
15 under this heading: Provided further, That contributions of
16 funds for the purposes provided herein from any foreign
17 government or other entity may be credited to this Fund,
18 to remain available until expended, and used for such pur-
19 poses: Provided further, That the Secretary of Defense shall
20 prioritize such contributions when providing any assistance
21 for construction for facility fortification: Provided further,
22 That the Secretary of Defense may waive a provision of
23 law relating to the acquisition of items and support services
24 or sections 40 and 40A of the Arms Export Control Act
25 (22 U.S.C. 2780 and 2785) if the Secretary determines that
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00381 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
382
1 such provision of law would prohibit, restrict, delay or oth-
2 erwise limit the provision of such assistance and a notice
3 of and justification for such waiver is submitted to the con-
4 gressional defense committees, the Committees on Appro-
5 priations and Foreign Relations of the Senate and the Com-
6 mittees on Appropriations and Foreign Affairs of the House
7 of Representatives: Provided further, That the United States
8 may accept equipment procured using funds provided under
9 this heading, or under the heading, ‘‘Iraq Train and Equip
10 Fund’’ in prior Acts, that was transferred to security forces,
11 irregular forces, or groups participating, or preparing to
12 participate in activities to counter the Islamic State of Iraq
13 and Syria and returned by such forces or groups to the
14 United States, and such equipment may be treated as stocks
15 of the Department of Defense upon written notification to
16 the congressional defense committees: Provided further, That
17 equipment procured using funds provided under this head-
18 ing, or under the heading, ‘‘Iraq Train and Equip Fund’’
19 in prior Acts, and not yet transferred to security forces,
20 irregular forces, or groups participating, or preparing to
21 participate in activities to counter the Islamic State of Iraq
22 and Syria may be treated as stocks of the Department of
23 Defense when determined by the Secretary to no longer be
24 required for transfer to such forces or groups and upon
25 written notification to the congressional defense committees:
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00382 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
383
1 Provided further, That the Secretary of Defense shall pro-
2 vide quarterly reports to the congressional defense commit-
3 tees on the use of funds provided under this heading, includ-
4 ing, but not limited to, the number of individuals trained,
5 the nature and scope of support and sustainment provided
6 to each group or individual, the area of operations for each
7 group, and the contributions of other countries, groups, or
8 individuals: Provided further, That such amount is des-
9 ignated by the Congress for Overseas Contingency Oper-
10 ations/Global War on Terrorism pursuant to section
11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
12 Deficit Control Act of 1985.
13 PROCUREMENT
14 AIRCRAFT PROCUREMENT, ARMY
15 For an additional amount for ‘‘Aircraft Procurement,
16 Army’’, $595,112,000, to remain available until September
17 30, 2023: Provided, That such amount is designated by the
18 Congress for Overseas Contingency Operations/Global War
19 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
20 Balanced Budget and Emergency Deficit Control Act of
21 1985.
22 MISSILE PROCUREMENT, ARMY
23 For an additional amount for ‘‘Missile Procurement,
24 Army’’, $796,599,000, to remain available until September
25 30, 2023: Provided, That such amount is designated by the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00383 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
384
1 Congress for Overseas Contingency Operations/Global War
2 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
3 Balanced Budget and Emergency Deficit Control Act of
4 1985.
5 PROCUREMENT OF WEAPONS AND TRACKED COMBAT
6 VEHICLES, ARMY
7 For an additional amount for ‘‘Procurement of Weap-
8 ons and Tracked Combat Vehicles, Army’’, $15,225,000, to
9 remain available until September 30, 2023: Provided, That
10 such amount is designated by the Congress for Overseas
11 Contingency Operations/Global War on Terrorism pursu-
12 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and
13 Emergency Deficit Control Act of 1985.
14 PROCUREMENT OF AMMUNITION, ARMY
15 For an additional amount for ‘‘Procurement of Am-
16 munition, Army’’, $103,875,000, to remain available until
17 September 30, 2023: Provided, That such amount is des-
18 ignated by the Congress for Overseas Contingency Oper-
19 ations/Global War on Terrorism pursuant to section
20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
21 Deficit Control Act of 1985.
22 OTHER PROCUREMENT, ARMY
23 For an additional amount for ‘‘Other Procurement,
24 Army’’, $924,823,000, to remain available until September
25 30, 2023: Provided, That such amount is designated by the
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00384 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
385
1 Congress for Overseas Contingency Operations/Global War
2 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
3 Balanced Budget and Emergency Deficit Control Act of
4 1985.
5 AIRCRAFT PROCUREMENT, NAVY
6 For an additional amount for ‘‘Aircraft Procurement,
7 Navy’’, $32,905,000, to remain available until September
8 30, 2023: Provided, That such amount is designated by the
9 Congress for Overseas Contingency Operations/Global War
10 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
11 Balanced Budget and Emergency Deficit Control Act of
12 1985.
13 WEAPONS PROCUREMENT, NAVY
14 For an additional amount for ‘‘Weapons Procurement,
15 Navy’’, $5,572,000, to remain available until September 30,
16 2023: Provided, That such amount is designated by the
17 Congress for Overseas Contingency Operations/Global War
18 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
19 Balanced Budget and Emergency Deficit Control Act of
20 1985.
21 PROCUREMENT OF AMMUNITION, NAVY AND MARINE
22 CORPS
23 For an additional amount for ‘‘Procurement of Am-
24 munition, Navy and Marine Corps’’, $77,424,000, to re-
25 main available until September 30, 2023: Provided, That
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00385 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
386
1 such amount is designated by the Congress for Overseas
2 Contingency Operations/Global War on Terrorism pursu-
3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and
4 Emergency Deficit Control Act of 1985.
5 OTHER PROCUREMENT, NAVY
6 For an additional amount for ‘‘Other Procurement,
7 Navy’’, $341,612,000, to remain available until September
8 30, 2023: Provided, That such amount is designated by the
9 Congress for Overseas Contingency Operations/Global War
10 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
11 Balanced Budget and Emergency Deficit Control Act of
12 1985.
13 PROCUREMENT, MARINE CORPS
14 For an additional amount for ‘‘Procurement, Marine
15 Corps’’, $47,963,000, to remain available until September
16 30, 2023: Provided, That such amount is designated by the
17 Congress for Overseas Contingency Operations/Global War
18 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
19 Balanced Budget and Emergency Deficit Control Act of
20 1985.
21 AIRCRAFT PROCUREMENT, AIR FORCE
22 For an additional amount for ‘‘Aircraft Procurement,
23 Air Force’’, $772,738,000, to remain available until Sep-
24 tember 30, 2023: Provided, That such amount is designated
25 by the Congress for Overseas Contingency Operations/Glob-
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00386 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
387
1 al War on Terrorism pursuant to section 251(b)(2)(A)(ii)
2 of the Balanced Budget and Emergency Deficit Control Act
3 of 1985.
4 MISSILE PROCUREMENT, AIR FORCE
5 For an additional amount for ‘‘Missile Procurement,
6 Air Force’’, $223,772,000, to remain available until Sep-
7 tember 30, 2023: Provided, That such amount is designated
8 by the Congress for Overseas Contingency Operations/Glob-
9 al War on Terrorism pursuant to section 251(b)(2)(A)(ii)
10 of the Balanced Budget and Emergency Deficit Control Act
11 of 1985.
12 PROCUREMENT OF AMMUNITION, AIR FORCE
13 For an additional amount for ‘‘Procurement of Am-
14 munition, Air Force’’, $785,617,000, to remain available
15 until September 30, 2023: Provided, That such amount is
16 designated by the Congress for Overseas Contingency Oper-
17 ations/Global War on Terrorism pursuant to section
18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
19 Deficit Control Act of 1985.
20 OTHER PROCUREMENT, AIR FORCE
21 For an additional amount for ‘‘Other Procurement,
22 Air Force’’, $355,339,000, to remain available until Sep-
23 tember 30, 2023: Provided, That such amount is designated
24 by the Congress for Overseas Contingency Operations/Glob-
25 al War on Terrorism pursuant to section 251(b)(2)(A)(ii)
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00387 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
388
1 of the Balanced Budget and Emergency Deficit Control Act
2 of 1985.
3 PROCUREMENT, DEFENSE-WIDE
4 For an additional amount for ‘‘Procurement, Defense-
5 Wide’’, $342,137,000, to remain available until September
6 30, 2023: Provided, That such amount is designated by the
7 Congress for Overseas Contingency Operations/Global War
8 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
9 Balanced Budget and Emergency Deficit Control Act of
10 1985.
11 NATIONAL GUARD AND RESERVE EQUIPMENT
12 ACCOUNT
13 For procurement of rotary-wing aircraft; combat, tac-
14 tical and support vehicles; other weapons; and other pro-
15 curement items for the reserve components of the Armed
16 Forces, $950,000,000, to remain available for obligation
17 until September 30, 2023: Provided, That the Chiefs of Na-
18 tional Guard and Reserve components shall, not later than
19 30 days after enactment of this Act, individually submit
20 to the congressional defense committees the modernization
21 priority assessment for their respective National Guard or
22 Reserve component: Provided further, That none of the
23 funds made available by this paragraph may be used to
24 procure manned fixed wing aircraft, or procure or modify
25 missiles, munitions, or ammunition: Provided further, That
•HR 133 EAH
VerDate Sep 11 2014 22:37 Dec 23, 2020 Jkt 000000 PO 00000 Frm 00388 Fmt 6652 Sfmt 6203 Z:\116\ENGROSS\H133.EAH h133
389
1 such amount is designated by the Congress for Overseas
2 Contingency Operations/Global War on Terrorism pursu-
3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and
4 Emergency Deficit Control Act of 1985.
5 RESEARCH, DEVELOPMENT, TEST AND
6 EVALUATION
7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
8 For an additional amount for ‘‘Research, Develop-
9 ment, Test and Evaluation, Army’’, $175,824,000, to re-
10 main available until September 30, 2022: Provided, That
11 such amount is designated by the Congress for Overseas
12 Contingency Operations/Global War on Terrorism pursu-
13 ant to section 251(b)(2)(A)(ii) of the Balanced Budget and
14 Emergency Deficit Control Act of 1985.
15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
16 For an additional amount for ‘‘Research, Develop-
17 ment, Test and Evaluation, Navy’’, $59,562,000, to remain
18 available until September 30, 2022: Provided, That such
19 amount is designated by the Congress for Overseas Contin-
20 gency Operations/Global War on Terrorism pursuant to sec-
21 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer-
22 gency Deficit Control Act of 1985.
•HR 133 EAH
Full text truncated for size; the complete document is in the PDF above.File and source
- File
- BILLS_bills-116hr133eah_bills-116hr133eah.pdf
- Size
- 9,136,434 bytes
- SHA-256
- 3f4beff7b8f981521d129490d153856fdb37344a3d1d92a5fb22fb7c82cadf8d
- Original
- www.govinfo.gov